Conservation Commission Minutes 09/19/2016

TOWN OF OTIS
CONSERVATION COMMISSION
9/19/2016 MEETING MINUTES
Location: Otis Town Hall, One North Main Road, Otis

 

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

Conservation Commission Members absent: Bruce Wall and Jeff Laramy

Staff and others present: Kristen Brown Secretary; Bob Mason with MA DCR; Chris Tryon (with Berkshire Geo-Technologies); Amer Raza (MASS DOT); Mark Paulson;

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 October 17th meeting is October 4, 2016 @ 3:00 PM. The next office hours, for the October meeting, is October 4th 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 August 15th meeting; RM 2nd the motion and the commission voted unanimously to approve the minutes from the August 15, 2016 meeting.

Public Hearing – RDA – Submitted by Francisca Heming, Dist. Hwy. Dir., on behalf of MASS DOT, rte. 23 from rte. 8 & 23 Intersection, to Blandford/Otis town line, regarding the milling & resurfacing of route 23 with hot mix asphalt. Dave opened this hearing and invited applicants to address the commission. Amer Raza with MA DOT was in attendance and addressed the commission. Dave asked if applicant was signed in and he indicated that yes, he was signed in to our meeting. Dave asked the commission if any questions stemming from the site visit – per RM, yes, he asked if they were doing swales on this job and per Amer, no, they are not, they will only be cleaning the swales, not resurfacing them. Per DB, since it is only milling and resurfacing, he sees no issues with this application. Domenic asked if there was any protection needed and per RM, if they are not disturbing the swales, he sees no need, but asked Bob if he saw any issues, none. The commission is in agreement that since the swales will not be disturbed, there is no need for EC. Dave asked if any further discussion. None being said, Dave made a motion for a -3 determination with the following conditions: no disturbance to any resource areas, or flood plains, and that the swales be cleaned only, and that the work is limited to road re-milling and re-surfacing only. It was then brought up that the limit of work changed with regard to the addition of route 23 from route 8 & 23 west to Monterey. RM 2nd the motion and the commission voted unanimously to issue a -3 determination with the above conditions. Since the limit of work was not identified in the legal ad that was placed for this RDA, Dave has a concern that this added scope of work from 8/23Intersections to Monterey is not covered. Therefore, Dave asked for the additional scope of work to be submit in a separate3 RDA. This approval covers only the original scope of work submit to this commission. Applicant understands that the new RDA will be for the added scope but this approval covers original submit scope.
Public Hearing – RDA – Submitted by Philip D. Palermo, 45 Parish Drive. Map 11F lot 32, regarding the dig & install of 2 new piers for the outer living room wall & repair as needed 1 to 2 existing piers, and replacement of indoor floor joists, wall studs & walls in the BZ of Benton Pond. Dave opened this hearing and invited the applicant to address the commission, but no one is here as per RM, the commissioners told owner that he did not need to attend as there were no questions stemming from the site visit. Dave then asked if there were any questions and per RM there was none, ad per DB, there were no questions. RM proceeded to advise Dave of what was discussed at the site visit, in that he can do piers if necessary, but applicant believes he does not need the outer piers but was added in case it is needed, he will be covered. Dave asked if any other questions or discussion required. Dave made a motion for a -3 determination with the following conditions: equipment to be serviced and stored outside resource area; debris covered or removed from resource daily; OCC reserves the right to inspect the property for the duration of the 3 year validity period of this approval. RM 2nd the motion and the commission voted unanimously to issue a -3 determination with the above conditions.

Public Hearing – RDA – Submitted by Lee Reynolds, on behalf of Timothy Reynolds, 48 Point Road, map 15A lot 15, regarding the installation of a concrete patio along the width of the back of the house, and 14’ deep; all work in BZ, 65’ from OR. Dave opened this hearing and invited applicants to address the commission. No one was in attendance for this hearing, but Dave asked if there were any questions stemming from the site visit, per RM, he wondered if there was going to be stairs, but that it did not really matter if there were or not as they would be outside the BZ. Dave made a motion for a -3 determination with the following conditions: work limited to the scope defined in this RDA; equipment to be serviced and stored outside resource area; debris covered or removed from resource daily; OCC reserves the right to inspect the property for the duration of the 3 year validity period of this approval. RM 2nd the motion and the commission voted unanimously to approve a -3 determination with the above conditions.

Public Hearing – RDA – Submitted by Berkshire Geo-Technologies, on behalf of Michael & Mary Sayers, 87 North Gate Island Road, map 17C lot 34, regarding the drilling of a new well & a new sewer line out of the house. Existing well & septic to be decommissioned. All work within the 100’ BZ of OR. Dave opened this hearing and invited the applicants to address the commission. Chris Tryon with Berkshire Geo-Technologies was in attendance for owners, Michael & Mary Sayers. Chris explained the project to the commission with the plans laid out in front. Per Chris, he indicates that the most of the septic is outside the BZ. The existing tank being decommissioned in within the BZ. There will be a well drilled as the shallow well on site is not suitable. There will be EC and a slurry pit near the well. They have been through the BOH and they have approved them but that is irrelevant to this commission. Bob only has one question on the well on the plans and Chris indicated that is the well they will drill, for confirmation. The old well is approx. 20’ closer to the water and will be decommissioned. An abutter to this property was in attendance and has a question regarding the new septic system and how far away from her well it is. Per Chris, the septic is 53’ from her well, and the owner will pay for her well to be tested before and after installation. If there are negative consequences, this owner will be responsible to correct any issues. It was noted that this was the wrong meeting in which to dispute the septic approval – she should have addressed with the Otis BOH, prior to approval, if there was an issue. She indicated that she understands that and was just curious. Dave wants to continue with this hearing and get all back on track; that being said, Dave liked that the plans were very thorough, and laid out comprehensively for the commission, and that he would like to make a motion for a -3 determination with the following conditions: work limited to the scope defined in this RDA; equipment to be serviced and stored outside resource area; debris covered or removed from resource daily; OCC reserves the right to inspect the property for the duration of the 3 year validity period of this approval. RM 2nd the motion and the commission voted unanimously to approve a -3 determination with the above conditions.
Public Hearing – RDA – Submitted by The Carandan Real Estate Trust, 34 South Gate Island Road, map 17C lot 9, regarding the removal of a diseased/dead Birch tree in the BZ of OR. Dave opened this hearing and invited the applicant to address the commission. No one was in attendance for this tree removal request. Dave asked if there were any questions, Domenic indicated they did not indicate what would be done with the stump. Per paperwork, the stump would be cut flush with the ground, using mechanical equip. to remove the tree, in landscaped area, not anywhere else, and that that no areas would be disturbed – per John Fields on the RDA. This was overlooked at the time of the site visit. Dave made a motion for a -3 determination with the following conditions: work limited to the scope indicated on the RDA; veg. oil only in chainsaws; no equipment in the resource area; debris removed immediately; stump cut flush with ground with no disturbance to the roots; OCC reserves the right to inspect the property for the duration of the 3 year validity period of this approval. RM 2nd the motion and the commission voted unanimously for a -3 determination with the above conditions.
Public Hearing – NOI – Submitted by Mark & Kirsten Paulson, 6 South Gate Island Road, map 17C lot 2, regarding the improvement of existing walkways & reconstruction of seawall in BZ and bank of OR. Dave opened this hearing and invited the applicant to address the commission. Mark Paulson addressed the commission. Dave started by stating that we would not be able to vote on this NOI this evening as we have to wait for the NH/ESP determination to come back with their recommendation. That being said, Dave offered for the applicant to explain everything now, or wait until next month, as we would have to continue anyway as per above, and applicant stated they would just wait until next month and hopefully the NH/ESP determination would be back and the MASS DEP would have assigned a file number. In the interest of having the presentation fresh in their minds, and to include the missing commissioners this evening, applicant will request a continuance and put off their work presentation until the next meeting. Further to that, Domenic indicated that if the commission has any issues or questions, they should let applicant know now, so that if anything has to be done, they can get it done before the next meeting. That being said, Dave indicated that the questions were as follows as noted on the site visit report: what type of equipment will be used; need a planting plan for vegetative planting to replace what is being removed; intent that the work will be done during the draw-down of the lake (OR) – which is defined as follows: from the time dam is open until it closes again in the spring; and finally what is the drainage pipe on the right side of the house, on the drip line going to the lake. Applicant will take down these notes and will be prepared to answer them at the next meeting in October. Dave asked if there were any other questions or issues from the site visit and there were none. Dave also asked Bob with DCR if he had any issues, and he indicated that he had been to the site twice and that he has no issues at this time. Dave made a motion to continue this hearing until the October meeting, per applicant request; RM 2nd the motion and the commission voted unanimously to continue this hearing until October 17th, 2016.

 

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 applicants to address the commission. Domenic recused himself from the vote for this hearing as is his property. Per Dave, he asked Bob with DCR if he had an answer back from his superiors and he said that yes he did and that they said not to the shed for this project. Domenic indicated that he would like a continuance until next month for this RDA. Dave made a motion for a continuance until the October meeting; RM 2nd the motion but the commission did not have a quorum to be able to vote so this has been continued until October by virtue of lack of a quorum vote.
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 applicants to address the commission. Justin emailed the commission and asked for a continuance until next month for this NOI. Dave made a motion for a continuance until the October meeting; RM 2nd the motion and the commission voted unanimously to continue this hearing until our October 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. Dave made a motion to continue this issue until the next commission meeting until it is settled. RM 2nd this motion and the commission voted unanimously to continue this issue until the October 17th 2016 meeting.
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 October meeting; RM 2nd the motion and the commission voted unanimously to continue this hearing until the October 17th meeting.
Russell O., Gee and Jill M. Peters Gee, 81 North Gate Island Road, regarding Construction of a shed in the BZ of Otis Reservoir, without approval from issuing authority: Otis ConCom. Dave opened this hearing and invited applicant to address the commission. Jill Peters-Gee was in attendance to answer for this EO. She was of the understanding that she could put a shed up in the BZ, as was her property; however, it turns out that the shed may be on state property. Jill asked for a continuance so that she can have her land surveyed and high water mark identified. Dave made a motion to continue this hearing until the October meeting; RM 2nd the motion and the commission voted unanimously to continue this hearing until the October 17th meeting.
Emergency Certifications:

85 North Lake Avenue, Smith, Regarding the removal of a dying tree in the BZ of OR. Stump to be removed and replanting of native species in place of the tree is approved. Owner supplied with list of native vegetation. Conditions: no heavy equipment in resource area; debris to be removed immediately from the resource area; OCC reserves the right to inspect for 3 years from date of approval. No other work permitted under this order. Work being done by Field Tree Service and the order expires on 9/29/16. Dave made a motion to ratify this EC; DB 2nd the motion and the commission voted unanimously to ratify this Emergency Certification issued on 8/29/16.
Forest Cutting Plans:
Extensions of Orders of Condition:
Certificate of Compliance Requests:
Unanticipated Business:

Discuss the schedule for 2017 – Dave made a motion to continue this until next meeting since all members were not in attendance this evening; RM 2nd the motion and the commission voted unanimously to continue this until October.
Discuss the Special Conditions for approval for both RDAs and NOIs – Dave made a motion to continue this until next meeting since all members were not in attendance this evening; DB 2nd the motion and the commission voted unanimously to continue this until October.

Next office hours: Tuesday, October 4, 2016 from 6-9 p.m. at Otis Town Hall.
Next meeting: Monday, October 17, 2016 at 6:00 p.m. at Otis Town Hall. Meeting adjourned at 7:21 PM.