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May 17, 2016


MINUTES: MAY 17, 2016



Board Members Present: Joe Dell’Aquila, Chairman; Scott Landgren; Peter Craine; Shawn Moore; Eric Bigelow; Nancy Nichols

Board Members Absent: Willard Cannon


Jake Pettes; Mary Calkins; Helen Viner; Norah Ferrie, Julian Votruba; James Soucy; Dick Willims; Karla Bigelow; Elizabeth (Calkins) Hussey  


Motion to approve May 3, 2016 minutes – Motion made by Shawn, seconded by Willard; vote unanimous.

Notice of Intent to Sell, Gibbs property, East County road – Motion to refuse buying the property – Motion made by Scott, seconded by Peter; vote unanimous.

Motion to close meeting – Motion made by Nancy, seconded by Scott; vote unanimous.


Notice of Intent, J. M. Soucy Contracting, Inc., Lot 4, Emerald Road

Hearing opened at 7:15 PM. Green cards received. This lot is at the corner of Turkey Hill and Emerald Road. It is the lot furthest to the right. They are just barely in 100’ buffer zone. It's a single-family home with driveway, well and septic. The septic is outside 100’ so it is out of our jurisdiction, but the driveway, house and well are within 100’, so they are in our jurisdiction. Joe said DEP called saying construction is being done on Lot 4, Emerald Road and there is no construction being done there. Joe noted that there is work being done on Lot 3. A few members of the Commission went and looked and saw there was no work on Lot 4.  Mary Calkins said that there was work being done on 4 Emerald Road and Joe explained that rarely does the lot number coincide with the street numbers and that Lot 4 is not 4 Emerald Road, Julian said Lot 4 will be 2 Emerald Road. She also said that there were wetlands on Lot 4, and said that is why he is here. Julian explained a Notice of Intent was filed for Lots 3 and 4, that Lot 1 only a Determination was needed, and Lot 2 will not require anything because it is not in the buffer zone. Mrs. Calkins said that she not receive any notice on Lot 3. Julian explained the procedures he has to follow, including notification of 100 feet out from the property. He uses a list that he gets from the Assessor's Office. Joe said she should have received two notices and she said she did get to notices. Joe said that she was notified properly if she received the two notices.

Mary said that there have been alterations in the wetlands and Joe said that there have not been any alterations, and that the Conservation Commission has been watching the project. Mary then asked what would be considered alteration. Joe said anything that changes the wetland, including driving through it would be considered an alteration. She insisted that alteration has happened. Joe explained that the wetlands have been delineated. Julian said nothing has been in the wetlands, however to do work near the wetlands they have to file this notice, which is why they are here today. Julian said the groundwater is at 3 feet. Ms. Calkins asked what makes it a wetland and Julian said there is a specific criteria to classify a wetland, including specific types of plants and soils being present. Once the area is determined to be wetlands they are flagged and then approved as wetlands through the delineation. After the delineation, they file a Notice of Intent to get an Order of Conditions to work on the area. Julian explained that the Order is actually not a permit, but a condition on which to work in the property and what rules they have to follow. Ms. Calkins asked why abutters are notified and Julian said it is the state law.  
Mrs. Calkins asked what happens after the hay bales are removed to all the water that they are blocking. Peter said we would issue a Certificate of Compliance once everything is done, but we won't do that until everything is done and the wetlands are stabilized.
Mrs. Calkins and stated that she thinks they are pushing it by building the houses so close. Julian explained that there is an acre and a half of land and they are not pushing it. She said she felt he made enough money and could get by with one less house. Julian said people need to live in houses. Miss Calkins said there are enough houses in Rutland. Jake suggested that if she didn't want the houses built, she could have purchased the property. Joe said none of that falls within our jurisdiction and she said she knew that.
Mrs. Calkins said she believed the other lot was being built within the 100’ buffer zone. Joe told her that Conservation Commission was there and walked the whole thing and everything was good. Scott said that there is an Order on Lot 3, so they can work on that lot. Joe also said that they took pictures to send to DEP because of the numerous calls, and there was no erosion happening in the wetlands.
Mrs. Carlson said the water flows from the area to Turkey Hill Pond and eventually into Paxton. Joe said that is true, but that unfortunately Turkey Hill is not one of the protected Zone A waters. Dick said that was correct, but it was the head water of the Chicopee Watershed. Joe agreed, but it was not part of the water shed because it is not drinking water. Because of that it doesn't get the 200/400 protection. Joe asked if there were any other questions from the Board or the public; there were none.
Mrs. Calkins asked if this means they can do what they want. Joe said that they will have to follow the Order of Conditions. Joe then explained that there is an appeals process that can be found on the DEP website. Peter explained we will do the order at the next meeting and if they want to appeal, they appeal the Order of Conditions with the DEP and they have 20 days to do it. Motion to close hearing made by Scott, seconded by Eric; vote unanimous to close the hearing.

Reviewed Mail

Respectfully Submitted,

Karen Wamback


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