TOWN OF RUTLAND
CONSERVATION COMMISSION
MINUTES: DECEMBER 16, 2014
MEETING OPENED: 7:00 PM
Attendance
Board Members Present: Joe Dell’Aquila, Chairman; Scott Landgren; Shawn Moore; Eric Bigelow; Willard Cannon
Board Members Absent: Nancy Nichols
Guests
Peter Craine; Mark Elbag, Jr.
Application Submissions
NONE
Votes
Minutes from December 2, 2014 – Motion to approve minutes made by Shawn, seconded by Scott; vote unanimous at 7:03 PM with Willard abstaining.
Motion to sign Negative Determination of Applicability for Elbag Brothers, Inc., Lot 1, Ridge Road – Motion to sign made by Scott, seconded by Willard; vote unanimous at 7:06 PM.
Motion to sign Order of Conditions for Elbag Brothers, Inc., Lot 10, Glenwood Road – Motion to sign made by Willard, seconded by Shawn; vote unanimous at 7:11 PM.
Motion to sign Order of Resource Area Delineation for J. M. Soucy Contracting, Inc., Main Street & Bond Road – Motion to sign made by Scott, seconded by Willard; vote unanimous at 7:16 PM with Willard abstaining.
Motion to close meeting – Motion made by Scott, seconded by Willard; vote unanimous at 8:12 PM.
Hearings
NONE
Discussions
DCR Property, Main Street
Shawn had seen some issues on Main Street and called Joe for help in looking at the area. Joe brought in a slideshow of pictures they took while there. There are pictures of silt fencing is held up by sticks and placed haphazardly. There were even wrapped around trees and areas where the fencing was over a log and another part was buried. There is a stream with siltation on this and the silt fencing is even up on the brush. There are also parts on the property where there is no silt fencing where there should be some. Joe said that they are filling wetlands. There is no paperwork on this because they are exempt from filing but Joe pointed out that they are not exempt from the regulations. This is the same area that there were a lot of complaints on last year. These are
people that are supposed to be leading by example and they aren’t.
There is a meeting tomorrow at Brice-Lemon Estates at 10 AM with all pertinent people, DCR, DEP, etc. and Joe is going to present them with these pictures and request they go to walk the area to see the issues with the silt fencing while everyone is in town. Joe has made several inquiries on this and has been blown off. Eric said that the meeting is for Brice-Lemon and it would be inappropriate to bring this up there. Joe said that it is the perfect time because all the people will be in Rutland at that time. Eric does not feel that this is an acceptable forum and thinks Joe should wait. Scott said that the silt fencing is brutal and it needs to be addressed. Scott agrees that Joe should bring it up there so that they can go to the area while in town, rather than trying to get
everyone back again. Eric still thinks that a different forum should be used and they should be brought to the area to show them. Joe said that is exactly what he wants to do. Eric asked if he would be presenting as a Commissioner, and Joe said yes, he wants to bring this to their attention. Eric agrees that it needs to be brought to their attention and addressed. Joe said that he is upset with DEP and DCR because they aren’t following their own rules, and Joe wants to make sure that this area gets addressed.
Brice-Lemon Estates
There is a meeting at Brice-Lemon Estates at 10:00 AM on Wednesday, December 17, 2014 at the site. There is an appeal on Brice-Lemon estates that has been sent to DEP, therefore our Order has not gone into effect, and will not until the appeal is complete. DEP will review the Order of Conditions and then they make a decision. They can file a Superseding Order of Conditions or kick it back to the Conservation Commission. If it kicks back we have to reopen the hearing only with anything new or with DEP’s recommendations. Joe said we could then close the hearing and reissue the Order of Conditions as it is currently written or modify it depending on any NEW information or on any recommendations from DEP. There is a time limit for the new opening of a new hearing just as there is for
the original submission, although Joe is not sure what the timeframe is; he will find out if it comes to that. Peter said that at first glance the appeal seems like a lot of innuendo and feelings but no real substance or facts, but would have to read it further.
Scott asked if we can enforce having two protective barriers within a sizeable project if we made that a condition. Joe doesn’t think we can. Joe gave an example of Bear Hill and the toe to slope on a hill – how would you fix that. There primary and secondary barriers failed because of the heavy rainfall we received at that time.
Willard asked if we have to do an Order again and we include any recommendations the DEP makes can the new Order be appealed further. Joe is not sure but DEP can always reject an appeal.
Scott asked if anyone found out if DCR has the authority to issue a cease and desist. Joe said they do not have the authority to issue a cease and desist; Joe thinks they may have overstepped with this.
Scott thinks we didn’t do that bad on the Order of Conditions for Brice-Lemon Estates. Eric suggested looking at Orders from towns that have a paid Conservation Agent to compare how we did. Scott said that he believes that we did well, especially considering that the Board Members are unpaid, volunteers and not engineers. Scott also stated that we did use the DEP’s Order as a guideline so in a way we did use a paid agent’s suggestions. Eric agrees that we did the best we could.
Jordan’s Farm
Shawn believes that other than Brice-Lemon, Jordan’s Farm was somewhat difficult to maneuver. Scott asked if they are still bringing in stuff and Joe said yes. Joe said they were ordered to replicate the wetlands and they did what they were supposed to do. Scott asked if the town was getting any kickback yet, and Joe said the new law goes into effect July 1, 2015 so the town should see some money at that time.
Treasure Valley
Nexamp, the contractor for the solar project for Treasure Valley, has called Joe and requested a Certificate of Compliance. Joe thinks that the Board should wait before we issue a Certificate of Compliance to see how the area will be in the spring. Scott and Eric agree that we should wait until the spring to see how the area does. The Board was in agreement.
Reviewed Mail.
Respectfully Submitted,
Karen Wamback
Secretary
| 
