TOWN OF OTIS
CONSERVATION COMMISSION
10/16/2018 MEETING MINUTES
Location: Otis Town Hall, One North Main Road, Otis
Conservation Commission Members present: Dave Sarnacki, Jeff Laramy, Bruce Wall and Roger Meyer
Conservation Commission Members absent: Domenic Battista and Rene Dube’.
Staff and others present: Kristen Brown OCC Admin Secretary; Bob Mason with MA DCR; Chris Tryon w/BGT; James LeGrand; Carl LeGrand; Gary & Alicia Belanger; Craig & Cheryl Morton; Benjamin Naylor with BEI; Jackson Alberti with Foresight Land; Zach Sawicki with Greenskies/Clean Air Focus.
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 November 20th 2018 meeting is on Wednesday November 7, 2018 @ 6:00 PM. The next office hours, for the November 20, 2018 meeting, is November 7th, 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 make changes to the minutes from our September 19, 2018 meeting; RM 2nd the motion and the commission voted unanimously to make the needed revisions to the minutes from the September 19, 2018 meeting.
- Public Hearing – RDA – Submitted by Kelly, Granger, Parsons & Assocs., Inc., on behalf of Donald N. Chartier, 27 S. Bay Rd., map 17D lot 22, regarding the removal of several trees in the BZ of OR. Dave opened this hearing and invited applicants to address the Commission. No one was in attendance for this hearing but Dave asked the Commission if there were questions and Bob Mason with DCR indicated that the proposed trees down by the water are on state land, so applicant will need permission from MA DCR to remove the trees that are below High Water Mark, and will not be voted on within this hearing. As for the trees that are outside HWM, and are dead/dying, of which the Commission validated 7 trees that are OK to come down. No other work nor trees are allowed to be removed under this order. Also, no trees that are below HWM are allowed to be removed. Dave made a motion for a -3 determination, with the following conditions: 7 trees only to be removed outside HWM; bio-oil only in chainsaw(s); debris removed or covered immediately; stumps cut flush with ground; 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 Steve S. Anthony, 82 S. Lake Ave., map 18D lot 29, regarding the replacement of existing dock due to disrepair, in same exact footprint, in the BZ of OR. Dave opened this hearing and invited applicants to address the Commission. No one was in attendance, however, Domenic offered to recuse himself to speak on behalf of the applicant, as they are sick and unable to attend. Dave allowed Domenic to recuse himself and speak on behalf of applicant, the only question involved here is if there is a chapter 91 license issued for this property/dock, and if there is not, then applicant must follow up with DEP to start the process. The state will require a decision from this Commission anyway for the dock, therefore, Dave made a motion to issue a -3 determination with the following conditions: applicant must follow up and continue to get their Chapter 91 license; new dock to be in existing footprint, no larger; no heavy equipment in the resource area; debris removed immediately from resource and BZ; 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 the above conditions.
- Public Hearing – RDA – Submitted by Berk. Engineering, Inc., on behalf of Violet L. Hyland, 47 & 52 Hayre Isle Rd., map 17B lots 14 & 201, regarding replacement of a tight tank in the BZ of OR. Dave opened this hearing and invited applicant to address the Commission. Benjamin Naylor with Berkshire Engineering, Inc. was in attendance on behalf of applicant. They reworked previous plans to add 1,000 gallon plastic tight tanks. They are going to break apart the old ones and replace with the new. The old ones will be removed by a very small type mini excavator, and per RAM, they have to use a machine that runs with bio-oil. Per Dave, we need the EC outlined on the plans also, an orange marker was used to outline EC, which is OK with the Commission and DCR. Ben signed the EC added to the plans for our file. Dave asked if any other questions, per BW, all debris should be removed immediately, and not be stock piled on the island. With no other questions, Dave made a motion for a -3 determination with the following conditions: EC to be installed & inspected by OCC, prior to work start; machine to use bio-oil only while in the resource area; debris removed immediately from island; OCC reserves the right to inspect work 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 the above conditions.
- Public Hearing – RDA – Submitted by Berk. Geo-Technologies, on behalf of Henry & Elaine Palach, 50 S. Lake Ave., map 18 lot 2, regarding application for a Chapter 91 dock license for existing dock in the BZ of OR. Dave opened this hearing and invited applicant to address the Commission. Chris Tryon with Berkshire Geo-Technologies was in attendance on behalf of applicant(s). Dave asked the Commission if any questions stemming from site inspection. Per RM the only concern is if there is a chapter 91 license, and they are filing in tandem with this RDA. There will be no changes, etc., unless demanded by MA DEP with the Chapter 91 license. Therefore, Dave made a motion for a -3 determination with the following conditions: continue with the chapter 91 licensing; OCC reserves the right to inspect property for a period of 3 years from date of approval. BW 2nd the motion and the Commission voted unanimously to issue a -3 determination with the above conditions.
- Public Hearing – NOI – Submitted by Craig Morton with Camp Overflow, Inc., 683 Tolland Rd., map 17C lot 86, regarding the repair of existing seawall in the BZ of OR. Dave opened this hearing and invited applicants to address the Commission. Craig and Cheryl Morton were in attendance for this hearing, however, they requested a continuance due to no DEP file number being issued yet, as payments were not processed yet by DEP. Dave made a motion to continue this hearing until the next Commission meeting in November 2018; RM 2nd the motion and the Commission voted unanimously to continue this hearing until the next Commission meeting in November 2018.
- Public Hearing – NOI – Submitted by James LeGrand, 59 Pine Grove Ridge, map 15 lot 2140, regarding installation of Jet 500 septic system, drilling of a new well & temporary road for access and the repair of an existing dock in tandem with Chapter 91 application, all in the BZ of OR. Dave opened this hearing and invited applicants to address the Commission. James and Carl LeGrand were in attendance for this hearing, as the landowners. Dave asked the Commission if there were any questions stemming from the site inspection. Per KB, no comments from MA DEP on this NOI, so no questions there. One questions is the slurry pit and the well, and where they will be. We pulled the chapter 91 filing/plans, to see the HWM area. HWM elevation is 1423.869 elevation. Applicant will make a temporary road to get to the well installation (outside BZ). Per applicant, septic designer will move the well and slurry pit back above the HWM elevation, and confirm, after survey of the land. James also indicated that the slurry pit would be above HWM, at least 5 feet away from the well. No trees will be removed for this project in the BZ (there is one tree slated for removal, but is outside OCC jurisdiction). Existing dock is going to be changed, they will repair existing piers and dock, but will add another small area/piece to the dock, 12’ x 20 piece, supported by 6’ x 6’ pressure treated posts, which will sit on patio stones set onto the bed of the lake, which is outlined in the chapter 91 license. Bob with DCR has no issues with any of this as outlined. Therefore, Dave made a motion to issue an Order of Conditions for this NOI, with the following additions to our special conditions: continue with chapter 91 licensing as required; get land surveyed for HWM, and then applicant will need to determine the location of the well and slurry pit, and clear with OCC prior to work start; EC to be installed and inspected prior to work start; alert OCC when dock repairs will commence, prior to start; debris removed or covered daily; OCC reserves the right to inspect property for a period of 3 years from date of approval, follow all standard conditions as set forth by MASS DEP as well. RM 2nd the motion and the Commission voted unanimously to issue an Order of Conditions with the above conditions, in addition to the standard conditions.
- Public Hearing – NOI – Submitted by Marc Volk with Foresight Land Services., on behalf of Andrea Ammendola with Otis Woodlands Club, Lake Shore Dr., map 10, regarding the proposed regrading of existing grave road and related work, in the BZ of surrounding BVW. Dave opened this hearing and invited applicant to address the Commission. Jackson Alberti with Foresight Land Services was in attendance on behalf of applicant(s). Dave asked the Commission if any questions stemming from the site inspection. Jackson submit the site plan, and per OCC, they have reviewed all of the parameters of the project and the only item OCC would like to add is that the EC is installed and inspected by them prior to work start. Therefore, Dave made a motion to issue an Order of Conditions for this project with the following conditions, in addition to the standard and special conditions typically issued: EC to be installed and inspected by OCC prior to work start; 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 an order of conditions with the above standard and special conditions.
- Public Hearing – NOI – Submitted by Alicia & Gary Belanger, 20 Pine Road Ext., map 17C lot 94, regarding the return of resource area to original condition by removing an installed secondary stone wall. Dave opened this hearing and recused himself from this hearing as he is the abutter on record for this property. Therefore, Jeff will serve as chairman for this hearing. Jeff invited applicants to address the Commission. Gary and Alicia Belanger were in attendance as the owners of the property. Jeff asked the Commission if there are any questions stemming from the site inspection. Jeff asked if there were any questions stemming from the site inspection. Per RM, there should be silt fence installed to prevent any materials from entering the lake. Per Gary, he has hired a person to remove the secondary stone wall by hand, no heavy equipment will be utilized. Debris will be removed immediately. Jeff asked if any other questions or concerns on this project, none being stated. Therefore, Jeff made a motion to issue an order of conditions with our standard and special conditions, which include installation and inspection of EC by OCC, prior to work start; no heavy equipment in the BZ area and 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 an order of conditions with the above listed conditions. KBB explained to applicants the process of filing the OOC with the MB ROD prior to work start.
- Public Hearing – RDA – Continuation – Submitted by Berk. Geo-Technologies, on behalf of Gary Boulay, 64 Phelps Rd., map 7 lot 1, regarding the installation of a sub-surface disposal system located within the BZ of Watson Pond. Dave opened this hearing and invited applicants to address the Commission. Chris Tryon with Berkshire Geo-Technologies was in attendance on behalf of applicant. Dave asked if any questions stemming from the site inspection. Per KB nothing was flagged the 1st time, and that is why it was continued. CT submit the signed stamped plans to the file for the record, which KB accepted and added to the property file. We discarded the non-stamped plans from the file. Per BW, they saw the flags were added, and all details are the same as the original plans. Dave made a motion for a -3 determination with the following conditions: EC to be installed and inspected by OCC prior to any work start; debris to be removed immediately; no heavy equipment in the resource area; OCC reserves the right to inspect property for a period of 3 years form 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:
Emergency Certifications:
Forest Cutting Plans:
Extensions of Orders of Condition:
Certificate of Compliance Requests:
Unanticipated Business:
- 82 S. Gate Island Road – To review tree removal, based on the OOC. Dave opened this hearing under unanticipated business, as BW would like to discuss. Per BW, he was contacted by phone, with a call from an abutter to this property, regarding many trees being removed. Bruce knew that OCC had recently approved tree removal there, so himself and Bob Mason with DCR, went out to verify that the trees approved for removal @ 82 S. Gate Island, were the only ones removed/tagged for removal. Apparently, per John Field, Certified Arborist with Field Tree Service, had indicated to homeowner that one of the trees further away from the resource area was dying and needed to be taken down. Therefore, BAW OK’d this action from OCC standpoint, as it was outside this Commission jurisdiction. BW wants to make sure that we addend their file to include the additional tree that is being removed. Therefore, Dave made a motion to add this to the minutes, so we can addend to file with the extra tree that is outside the resource area, for the record. BW 2nd and the motion passed unanimously to add the extra tree removal to the file and minutes.
- Dave opened this item under unanticipated business for Zach Sawicki, Project Developer with Clean Focus Renewables, who was in attendance of the meeting, and asked to discuss a potential solar farm project, for 133 Algerie Road, in order to understand the filing requirements, talk about their strategy and make sure he is not missing anything required by this Commission, so he can get his application/filing correctly processed the first time. SO Zach proceeded to explain the project and provided an informal environmental redline flag map for the Commission to review (redline is the environmental boundaries). As displayed by the map, there are BVWs and IVWs onsite, and they have a formal wetland delineation under way as he speaks, to make sure they have all covered, and that should wrap up this week. They plan to file an RDA, as they plan to have zero interference with any associated wetland areas onsite, and will fully obey the 100’ setback required. Zach pointed out the local ATV/Snowmobile trails on the site, as well as the historic Knox Trail, which borders the outside of the property. Zach asked if there were any questions from this Commission, based on his overview. BW asked for clarification of the roads, Algerie Road, Ticonderoga Road, etc., which Zach clarified for him. Part of Ticonderoga is now overgrown and closed. BW also clarified and confirmed the proposed work area. Per the Commission, they seem to have their ducks in a row, and at this point would not speak on any issues until the filing is before them, with all associated requirements, which Zach seems to have anticipated with his presentation. Therefore, Zach will be moving forward with the RDA as required and set up by MA DEP.
Next office hours: Wednesday, November 7, 2018 from 6-9 p.m. at Otis Town Hall.
Next meeting: Tuesday, November 20, 2018 at 6:00 p.m. at Otis Town Hall. Meeting adjourned at 8:07 PM.