TOWN OF RUTLAND
CONSERVATION COMMISSION
MINUTES: DECEMBER 1, 2015
MEETING OPENED: 7:01 PM
Attendance
Board Members Present: Joe Dell’Aquila, Chairman; Shawn Moore; Peter Craine; Eric Bigelow; Willard Cannon; Scott Landgren
Board Members Absent: Nancy Nichols
Guests
NONE
Application Submissions
NONE
Votes
Approve Minutes from November 17, 2015 – Motion made by Shawn, seconded by Peter; vote approved at 7:04 PM.
Approve Secretary Pay – Motion to approve pay made by Scott, seconded by Peter; vote unanimous at 7:17 PM.
Motion to close meeting – Motion made by Peter, seconded by Shawn; vote unanimous at 9:12 PM.
Hearings
NONE
Discussions
Notice of Intent, 270 Pommogussett Road
We received DEP File #277-0458. Repair of the septic system. Septic will be same spot. The leech field will be 20 x 40, and the closest point to the wetlands will be 65 feet to 70 feet, but the septic will be about 80 feet. Hearing will be December 15, 2015 at 7:15 PM. They are aware of the flood plane, but it appears that it will be okay. Closest well is 105 feet from the wetlands so it should be all set.
By-laws
The Earthworks Board By-law is done, and the Like-Kind soil is almost done. The final By-law will be the Earth Alteration By-law. Peter mentioned that DEP came in and presented to the Board of Selectmen new proposed regulations which may create a need for more By-laws. If these new regulations are passed, there will be a need for at least 3 new By-laws. The new regulations are about Stormwater and Joe said that the town does have a Stormwater Committee that would most likely handle these new regulations and By-laws.
Like-Kind Soil By-law
We reviewed the changes, most of which were punctuation, grammar, etc. We will add testing at originating site and will add something about testing the same footage you are digging. For example if digging 30 ft down that 30 ft down is also going to be tested. Peter asked if we should specify that an odd number of borings shall be taken to get an actual sample rather than an average. Scott and Joe agree that is a great idea. Peter also changed the language “Generating Site” throughout the whole document into “Originating Site”. We also added that the Board can reject an application due to insufficient test bores.
Eric said his only issue at this point is there is no threshold to when this will kick in. Peter said basically absolutely zero can be done without a permit and the CMR listed in the first paragraph explains all that.
Peter asked who is responsible for weighing, documenting, and collecting scale slips and is there town oversight – the Board or its designee may observe the truck weighing operation, and applicants shall pay costs associated with such observations. Scott suggested adding a truck washer or scrubbers before going back on any public roadways. Everyone agreed this would be a great idea.
Eric raised a question asking if we would be liable for the dirt as well as the applicant. Joe and Peter think that the fees are to cover administrative costs. The town will be liable regardless of whether we get a fee or not, so the fee should go to cover administrative and clerical costs.
Eric asked where the money from the fines and the fees would go. This is a great question and we will find this out. Peter will amend and research what was discussed and will continue the next meeting.
Peter had 2 questions about the Earth Alteration By-law (“Clean Soil” By-law)
- Who the abutters should be – Joe thinks we should go with what the Planning Board does – 300 feet of property boundary.
- What will we want to be regulating – he is looking for the limits and parameters of what we want to regulate – he has 3 different types:
- A. Minor Alteration
- Intermediate Earth Alteration
- Major Earth Alteration
Joe said that depending on what is being done, it could change the slope which would affect drainage and would possibly fall under stormwater.
Everyone thanked Peter for the great job he has been doing with this.
Reviewed Mail
Respectfully Submitted,
Karen Wamback
Secretary
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