TOWN OF OTIS
CONSERVATION COMMISSION
9/19/2017 MEETING MINUTES
Location: Otis Town Hall, One North Main Road, Otis
Conservation Commission Members present: Dave Sarnacki, Roger Meyer, Bruce Wall, Domenic Battista and Renee Dube’.
Conservation Commission Members absent: Jeff Laramy
Staff and others present: Kristen Brown OCC Admin Secretary; Bob Mason with MA DCR; Mike Kulig with Berkshire Engineering; Pat O’Brien with PM Masonry; Elayne Lebeau; Dr. Mitchell Chambers; Carl Ullman with Otis Woodlands Club; Steve Grossman; Mary and Mark Caron; James & Nadine Natle; Robert Goyette; Robert Brodeur.
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, 2017 @ 6:00 PM. The next office hours, for the October 17th 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 15, 2017 meeting; RM 2nd the motion and the commission voted unanimously to approve the minutes from the August 15, 2017 meeting.
- Public Hearing – RDA – Submitted by Mitchell Chambers, 45 Pine Grove Ridge, map 15D lot 97, regarding the replacement of existing shed that is structurally in danger of collapse; existing footings will be used, and no ground work will be necessary; all materials to be hand carried in and out of the area of work, which is in the BZ of Otis Reservoir. Dave opened this hearing and invited applicant to address the commission. Dr. Mitchell Chambers was in attendance and approached to address the commission. Dave asked the commission if there were any questions stemming from the site inspection, and per RM, are you building a new shed on site with new material? Yes, he will build onsite. Per DB and RM, they see no issues. Per Bob with DCR, he is OK as using existing granite footings. No other concerns with the shed but Dave asked if will be done during draw down, and yes he will, but it does not matter. No erosion controls needed. Dave asked if any other questions, so he made a motion for a -3 determination with our standard conditions, which include no equipment in the BZ nor resource, all debris covered or removed daily, all work to be staged and prepped outside the resource area; OCC reserves the right to inspect property for a period of 3 years from date of approval. RM 2nd the motion and the commission voted unanimously to issue a -3 Determination, with above conditions.
- Public Hearing – NOI – Submitted by Mitchell Chambers, 45 Pine Grove Ridge, map 15D lot 97, regarding the repair of the north facing retaining wall facing OR, due to disrepair caused by frost and resulting erosion from adjacent land. Dave opened this hearing and invited applicant to address the commission, Mitchell Chambers was in attendance, and was invited to address the commission. Dave asked if applicant has a chapter 91 license, applicant indicated that he does not. Dave also requested clarification of repairs to the wall, stemming from site inspection. Domenic asked if he was only repairing the north wall, and Mr. Chambers stated yes, for now. KB asked applicant if he has sent a copy of the NOI to the MASS DEP, and applicant also indicated that he did not. KB stated that applicant must send a copy to MASS DEP, as we cannot issue an OOC until the state has issued a DEP file number, which they have not done since they did not receive a copy of the NOI, nor any of the fees, etc. KB indicated that we also need a check for the $75.00 legal notice fee for this NOI, as well as the fees associated with the work, which is determined by the NOI, which is also incomplete here. KB advised that OCC cannot close this hearing until applicant completes the filing process, and components that have not been completed at this time. KB will send applicant an email to applicant, to explain on how to file an NOI with MASS DEP, using the eDEP website. DS & RM also explained that the NOI needs to have a complete outline of the exact scope of work. Dave asked applicant if he wants a continuance, and he does. Dave made a motion for a continuance for this hearing, and RM 2nd the motion, and the commission voted unanimously for a continuance until our October 2017 meeting.
- Public Hearing – RDA – Submitted by James & Nadine Natle, 0 South Lake Ave., map 18A lot 44, regarding installation of a mooring ball in the Brookman Association area, on OR. Dave opened this hearing and invited applicant(s) to address the Commission, James & Nadine Natle are in attendance. Dave first asked Bob Mason if this is in fact under OCC jurisdiction, as we believe that these types of requests were previously handled by MASS DEP, under the chapter 91 waterways licensing program. Per Bob, would be DEP, since there is no harbor master for Otis Reservoir, MASS DEP handles these typically. However, MASS DEP (David Foulis) told applicant, and per standard requirements for Chapter 91 licenses that they needed to get a determination from OCC before they could issue the licensing on their end, so OCC has the RDA on this agenda and will hear it now. Dave asked if they have the deeded right to add the mooring, applicant stated yes, it is on their deed. Dave made a motion for a +1 determination, as he does not feel it is under OCC jurisdiction however; RM 2nd the motion; BW is leery on finding a positive here, because the only thing OCC needs to look at is the shoreline – not the water, so this motion is not supported, and has failed. Under review of a former paperwork filed for a mooring, KB reviewed with DS, they need a decision from this commission to move forward with the mooring, which will be licensed by MASS DEP. Therefore, we are going to copy the deed to this file, which includes the right to mooring, and rule on this RDA, which is for the mooring. Therefore, KB recommended that the motion include that the mooring is dependent on a license to do so from MASS DEP. Dave withdrew previous motion, and made a new motion for a negative 2 determination, with the stipulation that applicant complete the mooring process and license through MASS DEP, before installation of such. BW 2nd the motion and the commission voted unanimously to issue a -2 determination for the mooring.
- Public Hearing – RDA – Submitted by Berkshire Engineering on behalf of Morton Irrevocable Trust, 327 Brookman Drive, map 18C lot 24, regarding the lifting of existing house and installation of a concrete foundation under the house. The house will also be relocated farther away from the resource, to achieve zoning setbacks; also upgrade of subsurface sewage disposal system; most of the work is within 50’ BZ of OR. Dave opened this hearing and invited applicant to address the commission. Per Dave, he clarified the setbacks with Mike Kulig, and BW discussed what they observed at the site inspection, and that they had no questions as everything was outlined properly, and did not violate any of the regulations within the WPA. Per Dave, and with Bruce’s comments, he made a motion for a -3 determination with the standard conditions: RM 2nd the motion and the commission voted unanimously to issue the -3 determination with standard conditions, to include removal or cover of debris daily, install all EC as outlined, and notify OCC to inspect EC before work start; OCC reserves the right to inspect for 3 years from date of approval.
- Public Hearing – NOI – Submitted by Robert Brodeur, 64 S. Lake Ave., map 18B lot 4, regarding the repair/replacement of existing concrete seawall & wooden structure dock w/concrete pilings, as well as replacement of stairs and patio that are in disrepair. Dave opened this hearing and invited applicant to address the commission. Pat O’Brien with PM Masonry, was in attendance on behalf of applicant Robert Brodeur, to address the concrete work being done within the scope of this NOI filing. Dave began by asking if owner has a chapter 91 license, and Pat indicated that Rob is working on that as we speak, and wanted to be here tonight, but is working on the Ch. 91 piece in tandem with this NOI, and asked Pat to join us in his place. Dave understood and indicated that we would need more info on the scope of work for this project, and KB indicated that Rob did in fact submit additional info on the project, and provided to Dave. Dave reviewed the new document/narrative and asked the Commission about the site inspection, and if there were questions, yes: Is applicant going to remove all current dock material when replacing, or using existing materials; Is applicant going to use existing piers, or remove the current and replace; and is the entire seawall, from the boathouse over, going to be replaced with new material, or will existing material be used to rework the wall; also, the patio on the next level, that is being removed, again, same materials, or new. Per Pat, the Retaining wall will stay, however, the lower wall and stairs are being replaced, along with the patio. Per Bob Mason, needs chapter 91, and better drawings, prints, that show high water mark, etc. Also need to know where the excavator is coming into the back, per Pat, on the left side of the house. Per KB Rob has requested a continuance until the next meeting in October 2018. Dave made a motion for a continuance until October 2018 meeting, RM 2nd the motion and the Commission voted unanimously to approve the continuance until the October 2018 meeting.
- Public Hearing – RDA – Submitted by Robert T. Goyette, 491 Pine Road, map 17B lot 61, regarding the repair of existing stone retaining wall that has been washed out due to erosion from waves. Dave opened this hearing and invited applicants to address the Commission. Mr. Goyette was in attendance for this hearing and approached the table. Dave asked for status of Chapter 91 license. Per applicant, he has filed for chapter 91 with MASS DEP, and is in process. He will need to provide this commission with a copy. Also, per Dave, this filing, for the proposed work, he should be filing an NOI, not an RDA, as he is requesting work in the actual resource area. Therefore, applicant will need to file an NOI for this work. KB will send instructions to applicant on how to file an NOI online, and confirmed applicant’s email address. Dave added that in addition to the NOI, we will need proof of chapter 91 filing, as well as how he is going to rebuild the wall, a complete description and scope of work, which will include approx. 40 feet of seawall. Dave made a motion to issue a positive 1 determination, and applicant will need to file an NOI for this work. BW 2nd the motion and the Commission voted unanimously to issue a +1 determination, and applicant will need to file an NOI.
- Public Hearing – RDA – Submitted by Ann Wendell, 2 S. Gate Island Road, map 17C lot 01, regarding the request to remove of a 28’ red Maple tree, that is on state property; Field Tree Service will do the work. Dave opened this hearing and invited applicant to address the Commission. No one was in attendance, because there were no issues on our end for the removal of the tree. Per Bob, he is OK with the tree, but he has a separate issue with the fire ring that was installed without permission, which was observed during the site inspection. However, this issue is not applicable to this RDA, for a tree removal, and will be addressed separately from this RDA. Per applicant, they are cutting the tree flush with the ground, not stump grinding. Dave made a motion for a -3 determination with standard tree removal conditions, to include hand removal of the tree debris daily – no equipment, OCC can inspect property for 3 years from date of approval; RM 2nd the motion and the Commission voted unanimously to issue a -3 determination with the above conditions.
- Public Hearing – RDA – Submitted by Craig Morton with Camp Overflow, 700 Tolland Road, map 17C lot 86, regarding the repair of existing seawall, using the same location and same type of stone, using pins to ensure that the wall is repaired/rebuilt in the same existing bed. Work to be done during draw-down. Dave opened this hearing and invited applicants to address the commission. KB indicated that applicant has contacted OCC to request a withdrawal of this RDA, and they would re-file the proper paperwork, based on the project, at a later date. Therefore, Dave made a motion to withdraw this RDA as per applicant request; RM 2nd the motion and the Commission voted unanimously to withdraw this RDA from the record.
- Public Hearing – RDA – Continuation – Submitted by Thomas Logsdon, Giles Road, map 3D, lot 616, regarding the installation of leech field and septic system; part of leech field is in the buffer zone. Dave opened this hearing and invited applicant to address the commission. No one was in attendance for this hearing and KBB indicated to the commission that there has been no responses to repeated emails sent to applicant, requesting more information, such as pictures, maps, project plans, property survey, narrative with complete scope of work, etc. Email sent also requesting applicant presence at the meeting, and again, no show. Since applicant has not responded to requests to provide additional info, Dave made a motion to let this RDA die out – the commission will not make a judgement at all due to lack of info. Applicant may re-apply for the work requested at their discretion, without prejudice. RM 2nd the motion and the commission voted unanimously to let this RDA die out without judgement.
- Public Hearing – RDA – Continuation – Submitted by Berkshire Geo-Technologies, on behalf of Melvin & Beverly Schnoll, 79 D’Wolfe Drive, map 7B lot 4, regarding the installation of a 1500 gallon septic tank & a 1000 gallon pump chamber, within the 100’ BZ of Watson Pond. Dave opened this hearing and invited applicant to address the commission. No one was in attendance for this hearing but KBB suggested that perhaps since there were no issues with the work project, nor any questions from the site inspection, we did not need applicant in attendance to vote on the RDA. Dave agreed and made a motion for a -3 determination with the following conditions: no heavy equipment in the resource area; all debris removed from the resource area and covered if stored onsite; any erosion control to be installed prior to commencement of work, please call 413.717.1744 for inspection by OCC prior to start; servicing of all equipment should be done outside the BZ and OCC reserves the right to inspect property for 3 years from date of approval. BW 2nd the motion and the commission voted unanimously to issue a -3 determination with the above conditions.
OTHER BUSINESS:
Enforcement Orders/Letters:
- 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 opened this hearing and asked if owner was in attendance. Per KB, owner’s attorney, Louis Moore, emailed and asked for a continuance until our October meeting so that the proper work on the survey could be completed as requested, as well as other items required by OCC. Dave made a motion to continue this hearing until the October 2017 meeting; RM 2nd the motion and the commission voted unanimously to continue this EO until the October 2017 meeting.
Emergency Certifications:
- Joe Perry – 42 Aspen Drive, regarding the emergency removal of a diseased and dead tree. Dave opened this hearing and made a motion to ratify the signed emergency certification; RM 2nd the motion and the Commission voted unanimously to ratify the Emergency Certification, for tree removal.
Forest Cutting Plans:
- Otis – Forester Tetreault & Son – Algerie Road – Regarding removal of 150 Cords of Wood from approx. 37.7 Acres, approved by Tom Ryan. Dave made a note for the record of the above approved tree removal as submit by the tree warden.
Extensions of Orders of Condition:
- Public Hearing – Extension of OOC – Submitted by White Engineering, on behalf of Larkum Lake Real Estate Co., LLC, 620 Reservoir Road, map 15 lot 60, regarding the extension of OOC for DEP File 254-0331, to fix the water run-off project. Dave opened this hearing and asked the Commission if they had any issues with extending the subject OOC for an additional 3 years; none provided, so Dave made a motion to extend this OOC for an additional three years, from the original expiration date; BW 2nd the motion and the Commission voted unanimously to extend this OOC for an additional 3 years.
- Public Hearing – Extension of OOC – Submitted by Water Resource Services, on behalf of Otis Woodlands, Inc., Lakeshore Drive, map 384 lot 34, regarding the extension of OOC for DEP file 254-0333, for the conditioning of drawdown for Owl Lake. Dave opened this hearing and invited applicants to address the Commission. Dave asked the Commission if there were any issues to present by extending the OOC for the annual drawdown of Owl Lake in Otis Woodlands. No issues, so Dave made a motion to extend the OOC issued under DEP file 254-0333 for an additional 3 years, since there are no proposed changes; RM 2nd the motion and the Commission voted unanimously to extend the OOC for an additional 3 years.
Certificate of Compliance Requests:
- Public Hearing – Certificate of Compliance – Submitted by Robert M. Ryan with Apex, on behalf of Otis Woodlands Club, LLC, Lakeshore Drive, map 384 lot 34, regarding the request for a COC for DEP File 254-0382, concerning the Owl Lake Improvement Project that is completed. Dave opened this hearing and invited the applicants to address the Commission. Dave asked the Commission if there were any issues observed during the site inspection that would negate issuance of a COC – none presented so Dave made a motion to issue a COC for work done under DEP File 254-0382; BW 2nd the motion and the Commission voted unanimously to approve and issue the COC for this project.
- Public Hearing – Certificate of Compliance – Submitted by Mary & Mark Caron, 9A Vine Street, map 16C lot 30, regarding the request for a COC for work completed under DEP File 254-0330. Dave opened this hearing, and asked the Commission if they inspected the work completed under said project, and they did, and there were no issues. Dave made a motion to issue a Certificate of Compliance for this OOC 254-0330; RM 2nd the motion and the Commission voted unanimously to approve and issue a COC.
Unanticipated Business:
Next office hours: Wednesday, October 4, 2017 from 6-9 p.m. at Otis Town Hall.
Next meeting: Tuesday, October 17, 2017 at 6:00 p.m. at Otis Town Hall. Meeting adjourned at 7:44 PM.