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TOWN OF OTIS
CONSERVATION COMMISSION
06/16/2020 MEETING MINUTES
Location: Otis Town Hall, One North Main Road, Otis ** Remote Meeting Via Zoom ***
Conservation Commission Members present: Dave Sarnacki, Jeff Laramy, Roger Meyer; Bruce Wall; Domenic Battista.
Conservation Commission Members absent: None
Staff and others present: Kristen Brown OCC Admin Secretary; Donnie Chaffee; Janet & Doug Baker with Outdoor Services; Kimberly Bruscoe; others in attendance unknown, as not announced.
Opening items/Introduction of Commission members and staff. Dave opened the meeting at 6:00 p.m. He noted that the meeting is being recorded. The deadline for applications for the July 21st 2020 meeting is on Wednesday July 1, 2020 @ 6:00 PM. The next office hours, for the July 21, 2020 meeting, is also Wednesday July 1, 2020 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 minutes from the May 19, 2020; BW 2nd the motion and the Commission voted unanimously to approve the minutes from the May 19, 2020 meeting.
- Public Hearing – RDA – Submitted by Smith Family Living Trust, Theresa Smith Trustee, 63 Partridge Road, map 16A lot 15, regarding the removal of 3 dead/dying trees, one of which is within the BZ of Big Pond. Dave opened this hearing and invited applicant to address the Commission. Dave asked if any questions or concerns stemming from the site inspection, per RM – no issues, trees are in bad shape and must come down. Dave therefore made a motion to issue a -3 determination with the following conditions: Bio-oil only in chainsaw(s); debris covered or removed from resource area immediately; no heavy equipment in the resource area; OCC reserves the right to inspect property for a period of three years from date of approval. DB 2nd the motion and the Commission voted unanimously to issue a -3 determination with the above conditions.
- Public Hearing – RDA – Submitted by Chris Tryon with BGT, on behalf of Timothy O’Brien, 134 Pike Road, map 16B lot 7, regarding the application for a Chapter 91 license for existing dock and jet-ski lifts on Otis Reservoir. Dave opened this hearing and invited applicant to address the Commission. Chris Tryon was in attendance on behalf of applicant, and indicated that the RDA was for the issuance for a Chapter 91 license for an existing dock. Therefore, Dave made a motion for a -3 determination with the following conditions: No work permitted under this order; NDA is for the purpose of Chapter 91 licensing on existing dock(s); OCC reserve 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 Kimberly & Jared Bruscoe, 24 S. Gate Island Road, map 17C lot 6, regarding the addition of a walk-out basement beneath existing home, and removal of 2 trees causing damage to property, all within the BZ of OR. Dave opened this hearing and invited applicant to address the Commission. Kimberly & Jared Bruscoe were in attendance. Dave noted that per an email from Bob Mason with MA DCR, applicant cannot remove the tree that is on the bank, and on state property, as it is healthy and holding the bank together; an arborist has also tied a cable around this tree, and attached to another tree so that it does not continue to lean; applicant can trim the canopy, but no more than 10%. The other tree is not on state land, therefore, there are no issues. As for the work project, Dave asked the Commission if there were any questions or concerns with that piece of this RDA, and none being stated, Dave made a motion for a -3 determination with the following conditions: Bio-oil only in chainsaw for the tree removal approved with stump cut flush with ground – the tree below HWM must not be removed per MA DCR; all debris to be covered or removed from resource area immediately; no heavy equipment in the resource area; OCC reserves the right to inspect property for a period of three 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 – Continued from June Meeting – Submitted by Chaffee Construction, on behalf of Karen Coviello, 72 Mallard Road, map 11F lot 94, regarding the removal of three trees within the BZ of Big Pond. Donnie Chafee was in attendance. Dave asked the Commissioners if there were any questions or concerns stemming from the site inspection and per RM, just need to know what they are doing with the stumps of the trees being cut, and per Donnie the stumps will be cut flush with the ground. Dave asked the Commission if any issues with this, and none mentioned, made a motion to issue a -3 determination with the following conditions: Bio-oil only in equipment; no heavy equipment in the resource area; all debris to be removed immediately; 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 – Continued from June Meeting – Submitted by Janet Baker with Outdoor Services, on behalf of Wayde McMillan, 633 Pine Road, map 17D lot 20, regarding the installation of drive on, removable jet-ski lift attached to existing dock, within the BZ of Otis Reservoir. Dave opened this hearing and invited applicant to address the Commission. Janet & Doug were in attendance, and Janet confirmed that she has sent out the abutter notifications, and in time for this meeting. Dave asked if any other issues from the inspection, and none were addressed. Dave noted that the comments made by Mark Stinson with MA DEP, on the DEP file number form, have all been addressed on a previous NOI, and the MA DEP Waterways department is OK with the above addition on the Chapter 91 license. Dave then made a motion to approve and issue a Order of Conditions for this project, with the standard conditions, as well as Otis specific special conditions; RM 2nd the motion and the Commission voted unanimously to issue an OOC as outlined above.
- Public Hearing – RDA – Continued from June Meeting – Submitted by Dave Wheeler, on behalf of Nicole & Marc Maddalena, 29 Bay Point Road, regarding the installation of a new moveable shed in existing footprint; and the planting of two new trees, all within the BZ of Otis Reservoir. Dave opened this hearing and invited applicant to address the Commission. Roger Meyer noted that he recuses himself from this RDA as an abutter. No one in attendance on behalf of applicant, however, this hearing was continued from last month, due to MA DCR stating that their legal department is reviewing this hearing, and will provide a decision once legal (in Boston) gets back to them. Therefore, Dave made a motion to continue this hearing until the next meeting on July 21, 2020, and for KB to reach out to MA DCR legal, and find out if there is a decision yet, as the RDA is being held up until the Commission receives an answer. JL 2nd the motion and the Commission voted unanimously to continue this hearing until the July 21, 2020 meeting, and KB will reach out to MA DCR legal to obtain a decision on the property lines, and if project is OK.
OTHER BUSINESS
Enforcement Orders/Letters:
- Public Hearing – Enforcement Order: 164 Kibbe Road, map 17C lot 48, regarding the unauthorized cutting within a protected area. On 6/5/2020, an OCC member observed several stumps, left behind by recent cutting. In answer from owner, the local tree warden provided permission to owner to remove dead/dying trees, as they presented danger to persons and/or property. Owner was not advised that they should have issued with OCC before proceeding. MA DCR would like 2 new trees to be planted in the same area. Dave made a motion to ratify this enforcement Order, and order that two trees should be planted to replace what was removed, and with no further action required on behalf of owner; RM 2nd the motion and the Commission voted unanimously to ratify the EO with above planting provision, and with no further action required.
- Public Hearing – Enforcement Order: 156 Kibbe Road, map 17C lot 47, regarding unauthorized cutting within a protected area. On 6/5/2020, an OCC member observed someone attempting to cut down a large Spruce tree, within a protected area, and on MA DCR state land. Person was told to cease and desist. Dave opened this hearing and asked for an update on action, and per Bruce, he stopped owner in time before he could remove a tree, and advised owner that an RDA was required before any work can commence in a WPA protected area. Owner will file before moving forward with the tree removal. Dave then made a motion to ratify this enforcement order with no further action, since the intended work was stopped before it could start, and owner advised to file with OCC prior to doing any work in WPA protected area(s); RM 2nd the motion and the Commission voted unanimously to ratify this EO with no further action.
Emergency Certifications:
- Public Hearing – EC Tree Removal – 142 Kibbe Road, regarding 4 trees that are leaning against the existing house, and causing damage. John Field Tree Service to do the work; inspection done 6/2/2020, by BW. Dave opened this hearing and made a motion to ratify this emergency order; BW 2nd and the Commission voted unanimously to ratify the EC.
Forest Cutting Plan
Extensions of Orders of Condition:
Certificate of Compliance Requests:
Unanticipated Business:
- Review of the revised rules for PE, and acceptable survey materials for boundary/property lines. KB noted that she emailed the Commissioners the new revised rules for PE professionals, so that they have for reference, and Dave indicated this could be discussed at a future time when all have read the document(s), the Commissioners unanimously agreed.
Next office hours: Wednesday, July 1, 2020 from 6-9 p.m. at Otis Town Hall.
Next meeting: Tuesday, July 21, 2020 at 6:00 p.m. at Otis Town Hall.
Dave made a motion to adjourn the meeting at 7:01 PM. RM 2nd the motion and the Commission voted unanimously to adjourn the meeting.