Conservation Commission Meeting Minutes 12/19/2016

By Otis Town ClerkConservation Commission Minutes

TOWN OF OTIS

CONSERVATION COMMISSION

12/19/2016 MEETING MINUTES

Location:  Otis Town Hall, One North Main Road, Otis

 

 

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

 

Conservation Commission Members absent: Jeff Laramy

 

 

Staff and others present:  Kristen Brown Secretary; Bob Mason with MA DCR; John Field, with Field Tree Service; George Martin; Mike Kulig, with Berkshire Engineering;

 

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 January 17, 2017 meeting is January 4, 2017 @ 3:00 PM. The next office hours, for the January 2017 meeting, is January 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 November 15, 2016 meeting; RM 2nd the motion and the commission voted unanimously to approve the minutes from the November 15, 2016 meeting.

 

 

 

  • Public Hearing – RDA – Submitted by John Field Tree Service, on behalf of William and Nancy Amanti, 26 Pine Road Ext., map 17 lot 96, regarding the removal of a total of 21 trees, all within the 20’ bank of OR. Dave opened this hearing and invited applicants to address the commission. John Field, with Field Tree Service was in attendance for this hearing. Dave asked the commission if any questions stemming from the site inspection and per RM, wants to know what they are doing regarding the tree stumps. Per John, stumps will be cut flush with the ground, and all debris removed immediately by truck. Dave made a motion for a -3 determination with the following conditions: Vegetable oil only in chainsaw(s); debris to be removed immediately; no heavy equipment in the 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 to issue a -3 determination with the above conditions.

 

 

 

 

 

  • Public Hearing – RDA – 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 applicant(s) to address the commission. Chris Tryon with Berkshire Geo-Technologies emailed and asked for a continuance for this hearing until the January 2017 meeting. Dave made a motion to continue this hearing until the January 2017 meeting; BW 2nd the motion and the commission voted unanimously to continue this hearing until the January 2017 meeting.

 

 

  • Public Hearing – RDA – Submitted by White Engineering, on behalf of Margaret Amanti, 34 Pine Road Ext., map 17C lot 98, regarding the construction of a gas fire pit with a field stone patio set in concrete around the pit; install of a propane line to the fire pit below grade. Dave opened this hearing and invited applicant(s) to address the commission. Shannon Boomsma with White Engineering, who is in charge of this filing, requested that she not have to appear this evening, since the work on this filing has already been completed, and filing is to resolve paperwork only. Dave made a motion for a -3 determination with the following conditions: OCC reserves the right to 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 condition.

 

 

  • Public Hearing – NOI – 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 with Berkshire Geo-Technologies emailed and asked for a continuance for this hearing until the January 2017 meeting. Dave made a motion to continue this hearing until the January 2017 meeting; RM 2nd the motion and the commission voted unanimously to continue this hearing until the January 2017 meeting.

 

  • Public Hearing – RDA – Continuation – Submitted by George Martin, 1010 Reservoir Road, map 15C lot 45, regarding removal of several tree(s) in prep for a new house, garage & septic; moving of a drain pipe, removal of gate hinge pipe, removal of several rocks, grading of a driveway & parking area with gravel; putting up a fence; all work within the 100’ BZ of OR. Dave opened this hearing and invited applicant to address the commission. George Martin was in attendance and had in possession a copy of the map and scope of work submit for this filing, per request at the last meeting by Dave. The commission reviewed the new plans and clarified the location of the fence area, and that it is up to applicant to ensure that the fence is on his own property. Dave made a motion for a -3 determination with the following conditions: Any EC to be installed prior to work start; Vegetable oil only in chainsaw(s); debris to be removed immediately; no heavy equipment in the 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 to issue a -3 determination with the above conditions.

 

 

 

 

  • 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 opened this hearing and invited applicant to address the commission; no one here yet to speak to this, however, Kristen indicated that Mike Kulig would be late due to a previous engagement. Dave made a motion to continue this hearing until the January 2017 meeting, since applicant is not here yet; RM 2nd the motion and the commission voted unanimously to continue this hearing until the January 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 the vote for this hearing, and moved to the applicant side of the table. Domenic respectfully asked the commission to continue this matter until the December 2017 meeting. Dave made a motion to continue this hearing until the January 2017 meeting; RM 2nd the motion and the commission voted unanimously to continue this hearing until January 2017 meeting.

 

 

  • 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 emailed this commission 2 weeks ago to request a continuance for this hearing; Dave made a motion to continue this hearing until the January 2017 meeting; BW 2nd the motion and the commission voted unanimously to continue this hearing until the January 2017 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. On this December agenda as a reminder to follow up with Mr. Payuk. Dave made a motion to remove this from the agenda, since Mr. Payuk has hired BGT to facilitate the NOI on this agenda, stemming from this EO. RM 2nd the motion to remove and the commission voted unanimously to remove this EO from the agenda, since new filing has been received.

 

  • 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. Continued from September agenda due to owners’ inability to attend last meeting; on October agenda for follow up. Applicant requested a continuance for this hearing, as she is out of state and unable to attend this meeting. Dave made a motion to continue this hearing until the January 2017 meeting; RM 2nd the motion and the commission voted unanimously to continue this hearing until the January 2017 meeting.

 

 

 

 

 

Emergency Certifications:

 

  • 996 Reservoir Road, regarding the removal of a dead/diseased tree in the BZ of OR. The commission approved the removal of the tree with the following conditions: no heavy equipment in the resource area; stump cut flush with ground; no other work permitted; OCC reserves the right to inspect for 3 years from date of approval. Dave opened this hearing and asked the commissioners if the paperwork was signed and completed for the EC; per RM, yes, the paperwork was signed and delivered, and inspection showed that the tree removal was in fact an emergency. Dave made a motion to ratify this EC; RM 2nd the motion and the commission voted unanimously to ratify this EC.

 

  • 353 Brookman Drive, regarding the removal of 2 dead Beech trees in the BZ of OR. The commission approved the removal of the tree with the following conditions: no heavy equipment in the resource area; stump cut flush with ground; no other work permitted; OCC reserves the right to inspect for 3 years from date of approval. Dave opened this hearing and asked the commissioners if the paperwork was signed and completed for the EC; per RM, yes, the paperwork was signed and delivered, and inspection showed that the 2 trees to be removed were in fact an emergency. Dave made a motion to ratify this EC; RM 2nd the motion and the commission voted unanimously to ratify this EC.

 

 

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 January 2017 meeting by unanimous vote.
  • Discuss obtaining another alternate member (or two) for back-up when existing commissioners are not available. Postponed until January 2017 meeting by unanimous vote.
  • Discuss Special Conditions for RDA and NOI Filings, follow up paperwork to be provided to the commission for their review. Dave opened this item and per the attachments proposed for use with future approvals, submitted documents are fine. It was suggested that we can add to these as needed, for specific cases. Dave made a motion to accept, RM 2nd the motion and the commission voted unanimously to adopt the documents for use with RDA and NOI approvals.
  • Discuss and review trees removed on Otis Town property, allegedly by Peter Pappas. Dave opened this item and made a motion to continue until more info could be gathered; RM 2nd the motion and the commission voted unanimously to continue this until the January 2017 meeting.

 

 

Next office hours:  Wednesday, January 4th, 2017 from 6-9 p.m. at Otis Town Hall.

Next meeting:  Tuesday, January 17, 2017 at 6:00 p.m. at Otis Town Hall. Meeting adjourned at 7:51 PM.