TOWN OF RUTLAND
CONSERVATION COMMISSION
MINUTES: SEPTEMBER 15, 2015
MEETING OPENED: 7:05 PM
Attendance
Board Members Present: Joe Dell’Aquila, Chairman; Shawn Moore; Willard Cannon; Scott Landgren; Eric Bigelow; Peter Craine
Board Members Absent: Nancy Nichols
Guests
NONE
Application Submissions
NONE
Votes
Meeting Minutes from September 1, 2015 – Motion to approve amended minutes made by Peter, seconded by Shawn; Minutes approved at 7:07 PM with Willard and Scott abstaining.
Certificate of Compliance, 15 Carlson’s Way – Motion to sign made by Scott, seconded by Willard; vote unanimous at 7:09 PM.
Motion to close meeting – Motion made by Scott, seconded by Shawn; vote unanimous at 8:41 PM.
Hearings
NONE
Discussions
Certificate of Compliance, 15 Carlson’s Way
We did a partial Certificate of Compliance for this before because the road wasn’t done. The owner died and it is in an estate. The property is now being sold at the end of the month.
By-Law Discussion
Peter did a lot of research on the Earth Removal By-Laws and found Northboro’s by-law to be very detailed. Eric said that Berlin and Northboro actually have an Earth Removal Board and they are paid to monitor where Rutland doesn’t have the money to do that, so it is hard to compare the towns. Joe said that Eric raises a good point. Peter says the town of Berkeley made the Board of Selectmen the Earth Removal Board authority which is always an option. We have to find something that will be workable for the town.
Scott said we would have to have some exceptions, etc. and wanted to know how we would police that. Joe agrees that it would have to be workable and easily managed as well as where the responsibility would lie. Scott thinks it would be hard to police it. Scott believes it should be attached to a building permit and Joe said that wouldn’t cover the agricultural aspect. Scott said what about an “Earth Work” permit for any work that way we can trigger everything and then we will know and we can decide which ones warrant monitoring. Scott thinks the building inspector can let us know and we could issue a permit or Board of Health could or the DPW could issue the permit. We can find out where the dirt is coming from and then that information could go into the building permit file for future reference.
Eric asked if this is to make money for the town, and Joe thinks the town should get something and Scott disagrees. Joe thinks the town should get money of a certain amount of dirt. Scott disagrees and doesn’t think money should be paid if the person already owns the dirt, but suggested maybe do a radius and charge for dirt outside of that certain radius. Joe doesn’t think that would work because it wouldn’t be the same for everyone.
Eric suggested it be a short and sweet bylaw. Peter has a bylaw from Ho-Ho-Kus, NJ that has a small by-law; he brought it in for review. Peter said we need to figure out what we want to do. Scott wants to know whether other things, like mulch, would also qualify. Joe doesn’t think so because that isn’t classified as “earth”.
Joe believes that the general consensus of the Board is that they want a short, sweet and simple bylaw and we don’t want to over regulate. Scott thinks anything above 1,000 yards should trigger an Earth permit.
Joe wanted to clarify that “Earth work of 1,000 yards or more” should be a notification point and a permit would be needed.
Over 10,000 import or export should be charged and this will provide us with load slips. Drawing and calculations will also be needed.
Scott wants “No agricultural exclusion” written in very plainly and boldly so it is known.
Scott likes the Like Kind Soil part in Berlin’s bylaw and feels this is very important. Shawn likes that the like kind soil specifies that like kind soil must be soil. Peter posed the question if we should have 2 bylaws or 1 with like kind with Export and Importing earth. Peter is going to send copies of the other bylaws he found via email for next meeting so that the discussion may continue.
Respectfully Submitted,
Karen Wamback
Secretary
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