Conservation Commission Minutes 03/21/2017

TOWN OF OTIS
CONSERVATION COMMISSION
3/21/2017 MEETING MINUTES
Location: Otis Town Hall, One North Main Road, Otis

 

Conservation Commission Members present: Dave Sarnacki, Roger Meyer, Jeff Laramy and Domenic Battista.

Conservation Commission Members absent: Bruce Wall and Renee Dube

Staff and others present: Kristen Brown Secretary; Bob Mason with MA DCR; Chris Tryon (with Berkshire Geo-Technologies); David Donahue; Jon Goddard with R. Levesque; Mike Kulig with Berkshire Engineering; Steve Payuk;

Opening items/Introduction of Commission members and staff. Dave Sarnacki opened the meeting at 6:00 p.m. He noted that the meeting is being recorded. The deadline for applications for the April 18th meeting is April 5, 2017 @ 3:00 PM. The next office hours, for the April meeting, is April 5th from 6:00 – 9:00 PM. Dave introduced the members of the commission, as well as Bob Mason with MA DCR, and asked everyone to turn off/down their cell phones for the duration of the meeting.

Minutes: Dave made a motion to approve the minutes from our December 19th 2016 meeting; RM 2nd the motion and the commission voted unanimously to approve the minutes from the December 19, 2016 meeting.

 

Public Hearing – RDA – Submitted by D & J Development LLC – David Donahue, 1367 Reservoir Road, map 16B lot 3, regarding the emergency repair of boat ramp to meet the terms of MASS DEP Chapter 91 license #12479. Rip rap area between ramp docks to prevent further erosion & provide level base for trailers. Rip Rap will consist of washed granite with no fines. Dave opened this hearing and invited applicants to address the commission. Dave also mentioned that Jeff Laramy, spoke with Mark Stinson on whether this should be an NOI or RDA, and it was left to the commission, and DCR (Bob Mason) to decide; based on the scope of the work and compared to the regulation, it was decided that an RDA would be sufficient to do the repair/maintenance work needed to alleviate the issue. Dave asked if there were any questions or concerns from the site visit, and none were indicated as the work was plain, and simple maintenance to keep the boat ramp up so that people and property were not damaged nor hurt. Dave made a motion for a -3 determination, with the standard conditions: all EC to be installed and inspected by OCC, prior to work start; no heavy equipment in the resource area; all maintenance and storage of equipment outside resource areas; remove all debris from resource area, and cover if stored on site until removal; no other work permitted under this RDA; OCC reserves the right to inspect property for 3 years from date of approval. RM 2nd the motion and the commission voted unanimously for a -3 determination with the above conditions.

 

Public Hearing – RDA – Submitted by Berkshire Engineering, Inc., on behalf of Michael Gould, 335 Brookman Drive, map 18 lot 24, regarding the application for a chapter 91 license with MASS DEP; RDA filed for existing docks, no work being proposed, licensing only. Dave opened this hearing and repeated that this RDA is for licensing only – now work proposed, as RDA is required by MASS DEP when chapter 91 application is filed. Dave asked if any discussion is required for this RDA, and since no work, there is nothing to discuss. Therefore, Dave made a motion for a -1 determination; RM 2nd the motion and the commission voted unanimously to issue an -1 determination for this RDA for licensing only.

 

Public Hearing – NOI – Submitted by R. Levesque, on behalf of Saloomey Construction, Inc., 31 South Bay Road, map 17D lot 24, regarding the demolition of existing home and construction of a new single family home with associated site improvements. Dave opened this hearing and invited the applicants to address the commission. Jon Goddard addressed the commission on this project, and proceeded to outline and overview the scope of work. Bulk of the work is in the Buffer-zone of Otis Reservoir. There is some grading work proposed for the garage and house. Closest scope of work to the reservoir is a loose retaining wall, that which is approx. 60’, of which dimensions MA DEP wanted; wall will be dismantled and redone in place, no digging, when the OR is in draw-down later this year, equipment will need to be used and there are boulders in this loose wall, that is practically falling in the water as is. The closest point of work to the resource (other than the loose retaining seawall) is 34 feet at the closest point. Dave asked if there were any tree removals, and Jon indicated that yes, there would be one tree that would need to be removed on the back corner, and the stump will be removed – Dave asked Jon to mark the plans with where the tree removal will be. Dave asked about the proposed erosion control, to which Jon indicated on the plans where the EC would be installed, and that it would be a combination of silt fencing, erosion control blanketing, and straw wattles to catch run off. Dave made a motion to approve the project and issue an order of conditions with the following special conditions: 34’ is the closest scope of work, besides the loose seawall that will be addressed and done, only during drawdown; all equipment (including heavy) must be serviced and stored away from and out of the resource area; all debris removed immediately from resource area and covered if stored on site; vegetable oil only in the chainsaw(s), stump to be removed; Erosion Control must be installed and inspected by OCC prior to work start; OCC reserves the right to inspect the property for 3 years from date of approval; 60’ is maximum length of seawall closest to water. RM 2nd the motion and the commission voted unanimously to approve the project, and issue an OOC with the above special conditions.

 

Public Hearing – RDA – Submitted by Berkshire Engineering, Inc., on behalf of Harvey D. Homan, 84 Cedar Drive, map 8 lot 3, regarding the construction of a septic system serving the house on site, to replace failed system, all work within the 100’ BZ of White Lily Pond. Dave opened this hearing and invited the applicants to address the commission. Mike Kulig with Berkshire Engineering addressed the commission and proceeded to outline the scope of work and plans for the commission. Jeff asked about the erosion control on the plans, and Mike explained that the EC will run right up to be tucked in below the steps a bit; Roger asked what the elevation is of the wall that the EC runs against and it is a very low landscape wall. Dave asked if any other questions or concerns with this project, other than the EC which is on the SV notes, and the commission indicated that there were no other issues that they could see with the project. Using a highlighter, we outlined the EC on the plans and had Mike sign and date. Dave made a motion for a -3 determination with the following conditions: EC to be installed and inspected prior to work start; all equipment stored and serviced outside resource area; OCC reserves the right to inspect property for 3 years from date of approval. RM 2nd the motion and the commission voted unanimously for a -3 determination with the above conditions.
Public Hearing – NOI – Submitted by Berkshire Engineering Inc., on behalf of Kevin & Juanita O’Rourke, 1 Round Island, map 17D lot 46, regarding extension of existing dock with a 102 SF removable dock module supported by piers & padded feet. Also construction of a 170 SF removable dock module supported by piers & padded feet, and a 720 SF permanent dock structure supported by 21 5-inch piers. Dave opened this hearing and invited applicants to address the commission, Mike Kulig was again present for applicant. Dave indicated that a site inspection was not completed for this address due to the snow and ice making the reservoir impassable, and due to that he asked if the applicant would like to continue this hearing until the April 18th meeting, so that a site inspection can be completed. Mike indicated that yes, they would like a continuation to allow for a site inspection. Dave made a motion to continue this hearing until the April 18th meeting, RM 2nd the motion and the commission voted unanimously to continue this hearing. After the motion was made, Mike made a comment that the work proposed at the finger of the property was no more. Dave asked him to mark the plans so that when the site visit is done, they will see that this work was cancelled from the plans; plans dated and signed with this revised info.

Public Hearing – RDA – Continuation – Submitted by Berkshire Geo-Technologies, on behalf of Robert & Marlene Goldstein, 44 Hyland Way, map 10 lot 40, regarding the replacement of existing failed septic tank & pump chamber within 100’ riverfront area, & the clearing of minimal trees to allow for install of septic. Dave opened this hearing and invited the applicant to address the commission. Chris Tryon with Berkshire Geo-Technologies, addressed the commission and proceeded to outline the plans and overview the scope of work. Access is very tight so Roger wanted to know how they would get tanks in and Chris indicated that all small trees were not large enough to show removal, and is small area of clearing to allow access. Roger also asked about the EC, and Chris proceeded to explain the erosion control as proposed on the plan. Dave asked if any other discussion required, and being none, he made a motion for a -3 determination with the following conditions: EC to be installed and inspected prior to work start; all equipment stored and serviced outside resource area; OCC reserves the right to inspect property for 3 years from date of approval. RM 2nd the motion and the commission voted unanimously for a -3 determination with the above conditions.
Public Hearing – NOI – Continuation – Submitted by Berkshire Geo-Technologies, on behalf of Stephen & Tammy Payuk, 23 Oak Lane, map 18C lot 22, regarding the construction of 2 wooden sitting decks & the reconstruction of existing wood stairway, all within the 100’ BZ of OR. A roof will be constructed over a portion of the upper deck. Dave opened this hearing and invited applicants to address the commission. Chris Tryon and Steve Payuk were in attendance for this application. Per Chris, and Kristen confirmed, we have yet to get a file number from MASS DEP, so Chris is going to follow up with Mark Stinson on a file number and if paperwork was received. Dave jumped in to explain some history with this filing, and that is began as an enforcement order, due to a lot of work being done in the buffer zone, without approval from issuing authority – OCC. Next, homeowner contracted BGT to assist with getting the site back up to par and to OCC approval. Chris proceeded to explain and overview this project to the commission; Jeff indicated that they are more concerned with the restoration of the site. Chris indicated that he could not speak to how the site was in prior years, but it was explained to him that aerial photos from Oliver GSIS maps show heavy changes to the site over the years, with no approvals to speak of, including tree stumps that are below one of the decks – so trees were removed to allow for the building of the deck without permission from OCC.
Public Hearing – NOI – Continuation – Submitted by Berkshire Engineering, on behalf of Thomas Gabriel, 199 Ray Hubbard, map 15A lot 81, regarding the removal of existing cottage & foundation, to allow construction of a new 3 bed., single family home on concrete foundation with basement; repair of piers on existing 1-bed. Cabin; a new well will be drilled, & decommission of the old septic, with install of a new septic; removal of outhouse; tree clearing & gravel access drive; and finally a stone retain wall will be constructed along the eastern boundary. Dave invited applicant to address the commission. Present on behalf of applicant is Mike Kulig with Berkshire Engineering, Inc. Mike proceeded to overview the plans and scope of work. Roger asked about which trees needed to come down as not marked on plans, or identified on SV. Mike indicated where the trees were, and that he would get them marked for OCC site inspection. Mike asked for a continuance until the April 18th meeting to allow for OCC to get out and OK the proposed tree removal. Dave made a motion to continue this hearing until the April 18th meeting; RM 2nd the motion and the commission voted unanimously to continue this hearing until the April 18th 2017 meeting.
Public Hearing – RDA – Continuance – Submitted by Domenic Battista, 58 S. Lake Ave., map 18B lot 3, regarding the continuance of maintenance of 10’ x 19’ shed that was started in October of 2015. Includes cutting & nailing in the BZ of OR, and is all within existing footprint. Dave opened this hearing and invited applicant to address the commission. Domenic Battista recused himself from this hearing as it is his property. Domenic requested a continuance for 2 months, until the May 2017 meeting. Dave made a motion to continue this hearing until the May 2017 meeting; RM 2nd the motion and the commission voted unanimously to continue this hearing.

 

 

 

Public Hearing – NOI – Continuance – Submitted by Justin Hyland, on behalf of Steve Cloud, 257 Brookman Drive, map 18C lot 32, regarding the rebuilding of existing dock in the same footprint on OR; techno metal posts will be used for the footings/pilings. Dave opened this hearing and invited applicant to address the commission Justin Hyland was not present but emailed the commission to request a continuance for this NOI. Dave made a motion to continue this hearing until the April meeting; RM 2nd the motion and the commission voted unanimously to continue this hearing until the April meeting.

 

OTHER BUSINESS:

 

Enforcement Orders/Letters:

Stephen R. Payuk, 21/23 Oak Lane, map16B lot 14, regarding the installation of 2 decks within the resource area without prior approval from Otis ConCom. On this agenda as applicant has 10 business days from 7/18/16 to provide OCC with issued paperwork for the work done in the BZ. Bruce opened this hearing and invited Mr. Payuk to address the commission. Per Mr. Payuk, he is working on this with hired professionals, and will update the commission as details develop. He indicated that he would like to get this all worked out to the satisfaction of the commission, so that he is legal. This is on out agenda as a reminder to keep watch of the RDA that resulted from this Enforcement Order. Will stay on for the April agenda for history until the RDA is closed.
Normand & Elayne LeBeau, 61/67 North Gate Island Road, map 17C lots 19 & 30, regarding the unapproved work and/or alteration of the BZ of the OR; work done in the area that which under OOC issued for DEP File 254-0280, special condition 28, was supposed to stay vegetative buffer. Dave invited owners to address the commission, Elayne LeBeau was in attendance and addressed the commission. She was not aware that any work was done without prior permission, and believes that she has the paperwork for the fence(s) and for the work done in the BZ. Elayne asked for a continuance so that she can research this further. Dave made a motion to continue this hearing until the April meeting & that secretary reach out to owner and ask them to attend April 18, 2017 meeting to address this EO; RM 2nd the motion and the commission voted unanimously to continue this hearing until the April 18th meeting.

Emergency Certifications:
Forest Cutting Plans:

Otis, Norton Road, MASS Audubon Society – Timber Harvester is Gary Pease. Paperwork filed in the Forest Cutting Folder.

 

Extensions of Orders of Condition:

Extension of Orders of Condition issued for Otis Reservoir & Big Pond drawdown, MASS DCR: 254-0155 & 254-0156. Dave opened this hearing and invited Bob Mason with MASS DCR to approach the commission. Dave confirmed with Bob that no changes were being made to the approved OOC regarding the drawdowns of both OR and Big Pond. Dave therefore made a motion to approve the request to extend these OOC approvals for 3 years. RM 2nd the motion and the commission voted unanimously to approve the extension of both issues Orders of Condition.
Certificate of Compliance Requests:
Unanticipated Business:

 

Dave addressed the commission to present a request from the assistant administrator to be able to sign and submit vouchers to accountant for payments, of invoices issued to Otis Conservation Commission, primarily from Berkshire Eagle for legal notices. Dave made a motion to allow KBB to sign and submit invoices for payment for OCC; RM 2nd the motion and the commission voted unanimously to grant KBB signatory rights for invoices issued to OCC.
Review of the Commission’s need of an agent – postponed until April 18, 2017 meeting.
Discuss Special Conditions for RDA and NOI Filings, follow up paperwork to be provided to the commission for their review – postponed until April 18th 2017 Meeting.
Discuss and review trees removed on Otis Town property, allegedly by Peter Pappas, which was forwarded to the Otis Selectmen. Postponed until the April 18th 2017 meeting.
Welcome of Renee Dube to the Commission as an alternate member. Renee not in attendance so continued until April 18th 2017 meeting.

Next office hours: Wednesday, April 5, 2017 from 6-9 p.m. at Otis Town Hall.
Next meeting: Tuesday, April 18, 2017 at 6:00 p.m. at Otis Town Hall. Meeting adjourned at 7:28 PM.