TOWN OF OTIS
CONSERVATION COMMISSION
4/18/2017 MEETING MINUTES
Location: Otis Town Hall, One North Main Road, Otis
Conservation Commission Members present: Dave Sarnacki, Roger Meyer, Jeff Laramy, and Renee Dube: alternate commissioner.
Conservation Commission Members absent: Domenic Battista and Bruce Wall
Staff and others present: Kristen Brown Secretary; Bob Mason with MA DCR; Chris Tryon (with Berkshire Geo-Technologies); Jon Goddard with R. Levesque; Mike Kulig with Berkshire Engineering; Steve Payuk; Elayne LeBeau; Mark Stinson, MAS DEP Western Region Circuit Rider; Shannon Boomsma with White Eng.; Dan Zenkel; Steve Nelson with Clearwater Recovery;
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 May 17th meeting is May 1, 2017 @ 3:00 PM. The next office hours, for the May meeting, is May 1st 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 March 21, 2017 meeting; RM 2nd the motion and the commission voted unanimously to approve the minutes from the March 21, 2017 meeting.
- Public Hearing – RDA– Submitted by Berkshire Geo-Technologies, on behalf of Henry & Elaine Palach, 50 South Lake Ave., map 18 lot 2, regarding the replacement of a hydraulic piston on existing boat ramp & issuance of chapter 91 license for existing dock(s). Dave opened this hearing and invited applicant to address the commission. Chris Tryon with Berkshire Geo-Technologies was in attendance for this hearing, and respectfully asked for a continuance in this matter, 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 to the May 2017 meeting.
- Public Hearing – RDA – Submitted by Clearwater Recovery, on behalf of EOS Enterprises, Inc. dba Katie’s Country Store, 1922 East Otis Road, map 54 lot 16, regarding the removal of existing failed leach field & clogged unsuitable material, replaced by clean title 5 sand & installation of new leach field in exact same area and enhancement of JET I/A system. Dave opened this hearing and invited applicants to address the commission. Steve Nelson was in attendance on behalf of the applicant and approached the commission. Steve laid out the maps and outline of the existing system, which was approved in 2004 and Jeff spoke to say that the only question that the commission has from their site visit is the Erosion Control on the back side is on an uphill side, and is kind of irrelevant, and will create more disturbance than prevent, as if it fails, the water will go toward the road, not uphill in the back. Jeff asked if the failed materials that are being removed will be removed from the site immediately. And Steve confirmed that this is correct, the old material will be trucked out immediately from the site. Jeff made it clear that anything left onsite would need to be covered, Steve understood this. The grease trap is not being replaced either. They are proposing to simply update the JET system inside the tank, and the field itself needs to be excavated and a new field installed. Steve indicated the Otis BOH did not have any issues with this work either, which was confirmed in an email with OCC. Dave asked Mark if he had any comments, none. Dave made a motion for a -3 determination with the following conditions: All debris to be removed from site immediately, anything not removed to be covered until removed; no heavy equipment in the resource area; OCC has the right to inspect property for 3 years from date of approval. JL 2nd the motion and the commission voted unanimously to issue a -3 determination with the above conditions.
- Public Hearing – Request for Amendment to an OOC – Submitted by White Engineering, Inc., on behalf of Daniel Zenkel, 620 Reservoir Road, map 15 lot 60, regarding request to amend OOC issued 254-0331, to design and install a drainage system to alleviate the issues with stormwater run-off. Dave opened this hearing and invited the applicants and representatives to address the commission. Shannon Boomsma with White Engineering, were in attendance regarding this request to amend an OOC, and explained that this is a request to amend the stormwater run-off coming off of Reservoir Road, and White has proposed a drainage system to catch this excessive run-off. Shannon proceeded to describe the site, with maps and plans, and explained what they planned to do: take the swale along Reservoir road, excavate it out a little bit, and open it up before it becomes an issue. The water will then run under the drive, and proceed to catch basins that will be installed and maintained. In addition catch basins at the end of the road on their property, will be enlarged to handle the increased water, and the culverts will not overload with water, as the water will be slowed down through the catch basin systems. Shannon indicated that they would clean up the inner dirt road so that it does not wash out as usual. Shannon also indicated where the EC would be installed throughout the site; and she also included the operations and maintenance plan to maintain the structures. This is still valid as per the permit extension act, and will expire in November of 2017 – the original expiration date. Mark asked if all the work is Buffer Zone work, and it is all BZ work. Per Mark, if a request to amend is not going to create additional resource area impacts, then it is OK to amend the original order, and maintain the original date. Dave asked Roger what he thought as he is familiar with the property and he indicated that it looks good to him. Mark confirmed that the original BZ impacts will be the same as the original OOC. KBB confirmed that she would reference all original plans, and the operation & Maintenance plans, but the date will expire the same. Per Shannon, they plan on doing the work in May, so this is not an issue. Applicant is clear on the expiration date. Dave Made a motion to issue this amended OOC, with the same expiration date and all original conditions on work, with the expiration date staying the same, November 2017; RM 2nd the motion and the commission voted unanimously to issue an amended OOC with same conditions and expiration.
- Public Hearing – NOI – Continuation – 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. Continued from March Meeting. Dave opened this hearing and invited applicants to address the commission: Mike Kulig with Berkshire Engineering was in attendance with applicants, and addressed the commission. Dave asked if there were any questions stemming from site visit that was finally done (since ice was an issue with previous months) and Jeff indicated that he and Bob Mason with DCR did the site inspection and the following was discussed: reduction of the structures to below 600 SFT – as per Bon Mason, the state does not want any structures over 600 SFT in size. Upon discussion, client stated that they changed the size to meet this demand, per the plans submit to the file. Dave asked if any other questions – none returned. Dave made a motion to approve and issue an order of conditions for this NOI, with the standard conditions; RM 2nd the motion and the commission voted unanimously to approve and issue an Order of Conditions, with the standard 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. Continued from March 21 Meeting. Dave opened this hearing, and invited applicants to address the commission. Dave recounted that this was continued to allow time for the NH/ESP departments to come back, and they have, and there are no issues with the proposed work. Dave made a motion to approve and issue an order of conditions for this filing, with the standard conditions, and including the condition that applicant begin the process of getting a chapter 91 license for the docks installed. RM 2nd the motion and the commission voted unanimously to approve the NOI and issue an order of conditions with standard conditions, including commencement of chapter 91 application with MASS DEP.
- 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. Continued from March 21st Meeting. Dave3 opened this hearing and invited applicants to address the commission. Mike Kulig with Berkshire Engineering was in attendance. This hearing was continued from the last meeting to allow for NH/ESH and MESA to provide determinations, and they have, and there are no issues with the work involved with this project. Dave asked the commission if any other questions stemming from the site inspections, and RM stated that there were none, and that everything looks good with the project, and filing. Dave made a motion to approve and issue an order of conditions for this filing, with standard conditions; JL 2nd the motion and the commission voted unanimously to approve and issue an order of conditions, with the standard conditions.
- 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. Continued from March Meeting. Domenic was not in attendance for this hearing and previously asked the commission for a continuance until the May 2017 meeting. Dave made a motion to let this RDA die, due to non-action; RM 2nd the motion and the commission unanimously approved the motion to let this RDA die out.
- 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. Continued from March 21st Meeting. Dave opened this hearing and invited applicant to address the commission; per KB, Justin emailed and requested a continuance for this hearing until the May 2017 meeting. Dave made a motion to let this NOI die, due to non-action; RM 2nd the motion and the commission unanimously approved the motion to let this RDA die out.
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 invited owners to address the commission, Elayne LeBeau was in attendance and addressed the commission. The commission once again explained the nature of the enforcement order to owner, and explained that the vegetative buffer was the focus here, and not the seawall, which applicant believed to be the issue. Dave indicated that the commission would like to resolve this within the next months, since this has been on our agenda since July of 2016. Elayne indicated that she understands, and is going to hire a wetlands experts to assist with resolution. She requested another continuance in order to hire a professional. Dave made a motion to continue this matter until the May 2017 meeting; JL 2nd the motion and the commission voted unanimously to continue this hearing until the May 2017 meeting.
Emergency Certifications:
- Emergency Certification – Sandy & John Long – 133 Vine Street, regarding the emergency removal of a dead tree in the BZ of Otis Reservoir. Dave opened this hearing and sked the commission if there were any questions stemming from the emergency certification: none being stated Dave made a motion to ratify this emergency certification; RM 2nd the motion and the commission voted unanimously to ratify this Emergency Certification.
Forest Cutting Plans:
Extensions of Orders of Condition:
Certificate of Compliance Requests:
Unanticipated Business:
- Review of the Commission’s need of an agent – postponed until May 17, 2017 meeting.
- Discuss Special Conditions for RDA and NOI Filings, follow up paperwork to be provided to the commission for their review – postponed until May 17th 2017 Meeting.
Next office hours: Wednesday, May 1, 2017 from 6-9 p.m. at Otis Town Hall.
Next meeting: Wednesday, May 17, 2017 at 6:00 p.m. at Otis Town Hall. Meeting adjourned at 7:48 PM.