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TOWN OF OTIS
CONSERVATION COMMISSION
02/19/2019 MEETING MINUTES
Location: Otis Town Hall, One North Main Road, Otis
Conservation Commission Members present: Dave Sarnacki; Roger Meyer; Domenic Battista; Bruce Wall; Jeff Laramy.
Conservation Commission Members absent: Rene Dube
Staff and others present: Kristen Brown OCC Admin Secretary; Don Chaffee; Stephen Nelson with Clearwater Recovery; Chris Tryon with BGT; Bob Mason with MA DCR; Dave Donahue with D&J Dev. Co.; Matt Puntin with SKD Group. Agent from MA DOT (name illegible); and agent from Jacobs Eng. Group (name illegible).
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 March 19th 2019 meeting is on Wednesday March 6, 2019 @ 6:00 PM. The next office hours, for the March 19, 2019 meeting, is March 6th, from 6:00 –9:00 PM. Dave introduced the members of the commission, 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 the January 15, 2019 meeting, with revisions; RM 2nd the motion and the Commission voted unanimously to approve the minutes from the January 15, 2019 meeting with revisions as outlined.
- Public Hearing – RDA – Submitted by Don Chafee with Chaffee Construction, on behalf of Dan & Liz Murray, 79 D’Wolfe Drive, map 7B lot 4, regarding the repair of existing deck and screen porch, no change to existing structure, just repair of deck boards and screen porch, in the BZ of Watson Pond. Dave opened this hearing and invited applicant to address the Commission. No one is in attendance at this time, so Dave made a motion to change the order of business, and swap this hearing until someone is in attendance to speak. RM 2nd the motion and the Commission voted unanimously to change the OOB, and postpone this hearing until someone arrives, or at the end of the agenda. Dave re-opened this hearing since Don Chaffee is now in attendance this evening. Dave invited Don to address the Commission. Dave asked the Commission if there were questions, and yes there are: Where is the EC going to be installed? Per Don, he will wrap it right around the work site. Roger stated to mark the plans, which Don did, and KB put into the file for reference, with all initialing the print. Dave asked if there are any other concerns and per Roger, no other questions. Therefore, Dave made a motion for a -3 determination with the following conditions: EC to be installed and inspected prior to work start; no cutting in the resource area; all debris to be removed immediately; 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 Stephen Nelson with Clearwater Recovery on behalf of Stephen Hofer, 142 Kibbe Rd., map 14C lot 46, regarding the proposed septic upgrade plan which is approved by OBOH, in the BZ of OR. Dave opened this hearing and invited applicant to address the Commission, and Steve Nelson approached the bench. Steve introduced himself, and per RM, they want to see the specific plans and design for the septic, which he provided to RAM, who indicated that we DID have that print in the file, but was overlooked. Steve proceeded to outline the project, and summed up with there was literally no other place to position the septic upgrade. Bob confirmed that HWM on the plans is correct, and that they should install EC so that it is not on state land. Dave asked if any other questions for applicant, and being none made a motion for a -3 determination with the following conditions: EC to be installed and inspected prior to work start; no heavy equipment in the resource area; all debris to be removed or covered daily, and away from the resource area(s); OCC reserves the right to inspect the 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 Cara Hunt with Berkshire Geo-Technologies on behalf of Robert Bailey, 17 Elm Lane, map 16 lot 21, regarding the removal of 2 sheds and construction of a detached garage in the outer portion of the BZ of OR. Dave opened this hearing and invited applicant to address the Commission. Chris Tryon with BGT was in attendance on behalf of the owners. Dave asked for confirmation that this project is actually outside the OCC jurisdiction, almost right on the line, and that is why applicant chose to file, to be on the safe side. That being said, Dave asked if there were any questions or concerns, and being none, made a motion for a -3 determination with the following conditions: All EC to be installed and inspected prior to work start; no heavy equipment in the resource area; all debris to be removed or covered immediately; 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 03 determination with the above conditions.
- Public Hearing – NOI – Submitted by Michael Turgeon with Jacobs Eng. Group, on behalf of Susan McArthur with MASS DOT Hwy. Div., regarding the replacement of existing culvert outfalls & drainage structures to maintain O & M of the Mass Pike. Dave opened this hearing and invited applicant to address the Commission. For the record, we have not received a MA DEP file number for this project yet; therefore, regardless of the decision, we cannot close the hearing until we have a DEP file number. That being said, Dave asked the applicant if they would like to request a continuance until the next meeting, to allow for a MA DEP file number to be issued, along with any associated comments. Applicant would like to request a continuance, but would also like to review tonight. A gentleman was in attendance from MASS DOT, as well as a young lady on behalf of Jacobs Engineering Group. Neither names were legible on the sign in sheet, nor loud enough to be heard on the recording, so the exact names could not be reproduced for the record. Bruce confirmed the work sites on MA DEP, as they relate to OCC. Roger asked if a 3rd party peer review should be required for this project, and Bruce responded that we should allow applicant to overview the project for them, so that they could decide if a 3rd party review will be required. That being said, “Jane” proceeded to outline the project and scope as it pertains to Otis only. No equipment will be in or near any of the associated wetlands. Essentially they are repairing and replacing culvert outfalls, as well as the culvert pipe, on the MASS Pike, due to erosive disrepair, and further damage is anticipated if this is not mitigated now, here in Otis, as well as the other areas of proposed work in surrounding towns, that are not relevant to this Commission. MASS DEP and MASS DOT are in discussions regarding fees, as the project spans 6 towns, and therefore, fees are in discussion. Since the project is pretty straight forward, OCC will not require a 3rd party peer review. That all being said, Dave made a motion to continue this hearing until the next meeting, on March 19, 2019; BW 2nd the motion and the Commission voted unanimously to continue this hearing until the 3/19/19 meeting.
- Public Hearing – NOI – Submitted by Sarah Gapinski with SK Design Group, Inc., on behalf of David Donahue with D & J Development LLC, Reservoir Rd., maps 16B/15/16 lots 1 & 3/76-1 & 77/43, regarding the construction of a townhouse development in the BZ of OR, and surrounding BVW. Dave opened this hearing and invited applicant to address the Commission. Matt Puntin with SK Design Group, and Dave Donahue with D & J Development Company were in attendance for this hearing and approached the bench. Dave Donahue provided a quick overview on his company, as well as the project in general, how it will be marketed, and ideas for the future. Also in attendance was Matt Puntin with SK Design, who proceeded to give a specific overview of the project, from a Wetlands Perspective, as well as from an engineering perspective for the Stormwater run-off management. Upon the brief overview, Dave indicated to applicants that this Commission will be requiring a 3rd party peer review, to ensure that the project adheres to all applicable wetlands regulations. In addition, we will require that a 3rd party peer review completed on the Stormwater Engineering piece of the project, to ensure that everything is being managed correctly, and as per standard acts with a significant project of this scope, that goes beyond the collective knowledge of this Commission, limited by a lack of engineering and wetlands licenses. Dave Donahue asked if that was something that was really required, as they were concerned about the additional money involved as well as any time delays due to the peer review(s). Dave Sarnacki indicated that yes, this is something that is done quite frequently by Commissions, again with large scope projects as this one, that go beyond the abilities of this Commission to be able to ensure what is being done by project contractors, is in fact suitable. Dave Donahue also indicated that the restaurant piece of the project that is on state land will be scrapped from the project, and something else will be designed later on, under a separate filing. Upon a basic review, Dave indicated that we should hold off on further outlining of the project, until we can get the 3rd party peer reviews back from the respective parties. That being said, Dave made a motion made a motion for KB to reach out to the respective contractors, to contract the WPA peer review, as well as an engineering firm to do the Stormwater review. OCC will contact Emily Stockman with Stockman and Associates, to do the WPA peer review, and will have Emily refer OCC to an engineering firm for the SW piece. In addition we will continue this hearing until the next meeting on 3/19/19. RM 2nd the motion and the Commission voted unanimously to approve the aforementioned motion.
- Public Hearing – NOI – Submitted by Berkshire Engineering, Inc., on behalf of Sally Laufer, 20 Soucie Lane, map 6 lot 116, regarding the removal & construction of existing single family home with attached deck, install of stone drip edge and extension of existing gravel drive, all within the 200’ riverfront area of the west branch of the FR in Otis. *** Added to this agenda to finalize info received after public hearing closed in December 2018 *** Dave opened this hearing and invited applicant to address the Commission. Per an email to KB, applicant is working on the submission of revised plans, so that Mark Stinson’s comment on the placement of the mitigation area, should be closer to the river, and not so far away as it is set up now. Simone will submit the revision when completed, and will attend the next meeting in March, to ensure that everything is covered. Therefore, Dave made a motion to continue this hearing until the next meeting, on March 19, 2019. 6:00 PM. BW 2nd the motion, and the Commission voted unanimously to continue this hearing until the March 19, 2019 meeting.
OTHER BUSINESS:
Enforcement Orders/Letters:
Emergency Certifications:
Forest Cutting Plan
Extensions of Orders of Condition:
Certificate of Compliance Requests:
Unanticipated Business:
Next office hours: Wednesday, March 6, 2019 from 6-9 p.m. at Otis Town Hall.
Next meeting: Tuesday, March 19, 2019 at 6:00 p.m. at Otis Town Hall. Meeting adjourned at 7:33 PM.