Town of Rutland
Conservation Commission
Minutes: August 7, 2018
Meeting Opened: 7:01 P.M.
Attendance:
Board Members Present: Joseph Dell’Aquila, Peter Craine, Eric Bigelow, Melissa Danza, Shawn Moore
Board Members Absent: Willard Cannon
Guests: Christopher Anderson, David Lussier, Ernest Mello, Charles Caron, Jesse Warrington
Application Submissions:
D. Lussier Builders, LLC.—Notice of Intent: 12 Finn Park Rd. (Hearing scheduled for August 21st @ 7:35 P.M.)
Votes:
Motion to accept meeting minutes from July 17, 2018—Motion made by Peter, seconded by Shawn; vote unanimous at 7:03 P.M.
Motion to approve Certificate of Compliance; Katherine Malone, 18 Fernwood Dr.--Motion made by Melissa, seconded by Shawn; vote unanimous at 8:10 P.M.
Motion to approve Order of Conditions; Elbag Brothers, Inc., Lot 7, Brintnal Dr.—Motion made by Peter, seconded by Eric; vote unanimous at 8:11 P.M.
Motion to approve Order of Conditions; Jake Pettes, 240 Pommogussett Rd.—Motion made by Peter, seconded by Shawn; vote unanimous at 8:13 P.M.
Motion made to close the meeting--Motion made by Shawn, seconded by Peter; vote unanimous at 8:53 P.M.
Hearings:
Under Chapter 131, Section 40:
Town of Rutland, Order of Conditions—Moulton Pond/Pommogussett Rd.—Hearing opened at 7:07 P.M. Motion made to continue hearing to August 21, 2018 @ 7:15 P.M.—Motion made by Peter, seconded by Melissa; vote unanimous at 7:08 P.M.
ZPT Energy Solutions II, LLC, Order of Conditions— Campbell St.—Hearing opened at 7:09 P.M. Motion made
to continue hearing to August 21, 2018 @ 7:30 P.M.—Motion made by Shawn, seconded by Eric; vote unanimous at 7:36 P.M. Notes: Chris Anderson presented on behalf of Hannigan Engineering. There was an initial discrepancy with abutters’ notices, but all have been updated and notified as of meeting. Site walk completed on 7/28 with members of ConComm. DEP raised some concerns that will need to be addressed before project can begin. Concerns are as follows: proper notification of abutters
(already completed); Zone A (H.E. reviewed the GIS map and believe they are outside Zone A. Will confirm with DEP, but don’t forsee an issue); Detention basin (H.E. anticipates that ground water won’t affect the wetlands); Lubricant from drilling machinery will leech out (H.E. will provide details to show how this issue will be avoided/mitigated); 401 Water Quality Cert requirement (H.E. feels it is not required, but in communication with DEP regarding the issue); Peter asked where the horizontal drilling starts (around the 54 contour, 52 contour in the middle, ends at the 56 contour); Erosion concerns (H.E. says very little grading is needed, therefore decreased erosion. Erosion controls will be in place as well) Ernie Mello with ZPT Energy Solutions says they hope
to start construction before the end of this year, but will depend on permitting and approvals. Estimate about 6 month construction time. Melissa asked if shading analysis has been completed, Ernie confirmed that it has. Hearing continued to August 21st @ 7:30 P.M.
ZPT Energy Solutions II, LLC, Order of Conditions—309 East County Rd.--Hearing opened at 7:37 P.M. Motion made to close hearing—Motion made by Peter, seconded by Shawn; vote unanimous at 7:48 P.M. Notes: Chris Anderson presented on behalf of Hannigan Engineering. Wetlands are located along the western area of the property and extend back to East County Rd. Site walk completed on 7/28 with members of ConComm. DEP raised some concerns that will need to be addressed before project can begin. Concerns are as follows: Zone A (H.E. reviewed the GIS map and believe that are outside Zone A. Will confirm with DEP); Wetland Series “O” (potential vernal pool with cutting of trees, but H.E. is not concerned because remaining clearing is minimal); Erosion concerns (controls are in place with detailed
plans available for review). Melissa asked about phasing during construction and Ernie from ZPT advised the 2 projects are being handled separately. Some work may be done concurrently, but it will depend on availability of contractors. Peter asked how big the solar array is, to which Chris answered it is 8 ½ acres.
Lussier Enterprises LLC, Order of Conditions—125B Campbell St.—Hearing opened at 7:50 P.M. Motion made to close hearing—Motion made by Peter, seconded by Melissa; vote unanimous at 7:54 P.M. Notes: Construction of single family home with paddock/barn for horses. No concerns raised by the Board.
Discussions:
Record Retention—this topic of discussion will be continued at the next meeting on August 21st and will also include the possibility of electronic submissions of paperwork as well.
Shawn asked if NOI’s need to be filed for perc tests/drilling completed at solar site projects (Campbell St. & East County Rd.) and Joe confirmed it is not required.
Concern presented by members of the board with regard to gaining access to the town’s ConComm e-mail/inbox. Would like it to be available for use by the secretary and others members as needed. Peter is going to investigate further and will share what he learns at the next meeting. **Update post meeting: IT states an e-mail for the ConComm does not exist and Peter is working on having one created.
20 Paddock Rd.—Several attorneys have reached out to Joe looking for documentation regarding the property, including a past Order of Conditions and a negative determination. They’ve been given a copy of the OoC, but a copy of the negative determination is no longer available. No further action is required of the ConComm at this time.
Peter shared that the topic of “passive recreation” was brought up at the most recent Planning Board meeting. He anticipates the issue will come before the ConComm at some point in the near future, so would like the board to decide where they stand on the topic of using town fields for recreational sports. Peter is going to research the state’s definition of “passive recreation” for further discussion at the next meeting.
Reviewed mail
Respectfully Submitted,
Tomeca Murphy
Secretary
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