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TOWN OF OTIS
CONSERVATION COMMISSION
09/15/2020 MEETING MINUTES
Location: Otis Town Hall, One North Main Road, Otis ** Remote Meeting Via Zoom ***
Conservation Commission Members present: Dave Sarnacki, Roger Meyer, Domenic Battista, Jeff Laramy.
Conservation Commission Members absent: Bruce Wall.
Staff and others present: Kristen Brown OCC Admin Secretary; Daniel Giusti; Ryan Nelson w/R. Levesque; Jeff Gamelli; Emily Stockman with Stockman & Assocs.; Mark Bergeron; John Duffy; others in attendance unknown, as not announced, nor signed-in with a name on the Zoom app.
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 October 20, 2020 meeting is on Wednesday October 7, 2020 @ 6:00 PM. The next office hours, for the October 20, 2020 meeting, is also Wednesday October 7, 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 August 18, 2020; JL 2nd the motion and the Commission voted unanimously to approve the minutes from the August 18, 2020 meeting.
- Public Hearing – RDA – Submitted by Gamelli Title 5 Consultants, on behalf of Tom Pease, 735 Tolland Rd., map 17E lot 11, regarding the replacement of failed title 5 system with Otis BOH approved septic system upgrade, within the BZ of OR. Dave opened this hearing and invited applicant to address the Commission. Jeff Gamelli was on the Zoom app and indicated that he would like a continuance until the October 20, 2020 meeting, in order to address comments forwarded to him by Mark w/MA DEP. Therefore, Dave made a motion to continue this hearing until the October 20, 2020 meeting. JL 2nd the motion and the Commission voted unanimously to continue this hearing until the 10/20/2020 meeting.
- Public Hearing – RDA – Submitted by Douglas Oberg, 99 N. Gate Island Rd., map 17C lots 26 & 27, regarding the removal and pruning of several trees within the BZ of OR. Dave opened this hearing and invited any attending applicants to address the Commission. Dave asked the Commission if any questions stemming from the site inspection. Per RM, the trees were identified, but they wanted to be sure that we only allow those 3: one hemlock, one Oak and one Birch. Pruning is also OK as proposed. Therefore, Dave made a motion to issue a -3 determination with the following conditions: Only 3 trees allowed to be removed: one Oak, One Birch and One Hemlock; pruning OK; bio-oil only in all equipment for tree removal and pruning; debris removed or covered immediately; no heavy equipment in the resource areas; 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 – Submitted by R. Levesque, on behalf of Patrick & Carla Patterson, 142 Kibbe Rd., map 17C lot 46, regarding the removal of an existing dock, expansion of an existing dock, repairs to existing retaining walls & removal of select trees, all within the BZ of OR. Dave opened this hearing and invited applicants to address the Commission. KB advised Dave to review the comments from Mark w/MA DEP. However, all comments by MA DEP, as well as responses, were received last night – without proper time for the Commission to review. RM also noted that they will require a planting plan. Ryan Nelson w/R. Levesque was in attendance on behalf of the applicant, and proceeded to overview the project, the info & questions received from MA DEP, as well as their responses to those questions. All this info is printed and included with the respective file. Ryan noted that there is no chapter 91 license, and that they are aware that they MUST apply and clear these plans with MA DEP, in tandem with this filing, and if approved, this will be part of the special conditions. There were also some questions about the fees, and Ryan admitted that was a technical error on their end and that Pat Patterson had dropped of the additional fees as corrected. The stone retaining wall has been there since 1969 per Ryan, as per informed by the previous owner, who indicated this info. DB agreed that the outline of the Chapter 91 process would further clarify the provenance of the stone wall, with which OCC cannot obtain any further info. Further, to develop the interest of natural vegetation adjacent to the resource area (OR), applicant is willing to provide a planting plan. Per Ryan, the work area is now grass lawn, and there are 2 trees proposed to be removed, and 2 very small trees, there is no further vegetative disturbance. Therefore, OCC does not feel the need for a planting plan. Per DB, top soil with grass lawn is fine. However, per Ryan, owner plans to plant a few native bushes anyway, and will copy OCC on those plantings., and KB will add to the file. MA DCR is also OK with small bushes planted on the left or right down by the water. Ryan will send that over tonight so that OCC can complete the concerns as questioned by DEP. Therefore, DB made a motion to issue the OOC, with standard and special conditions, including that applicant MUST follow up with the Chapter 91 process, and that they will submit a planting plan for this project. DS 2nd the motion and the Commission voted unanimously to issue an OOC with the above conditions.
- Public Hearing – RDA – Submitted by James V. Horanzy, 102 Kibbe Point Rd., map 17F lot 3, regarding the removal of several marked trees, within the BZ of OR. Dave opened this hearing and invited applicant to address the Commission. Based on questions stemming from the site inspection done earlier today, only trees 1-4-5-6 on the plans are allowed to be removed – nothing else can be touched, per MA DCR, as three (3) of the trees are on state land, and 2 of the Pine trees are healthy and not approved for removal. Trees will be cut flush with the ground. Per DB, they do not see the need for a planting plan, since all stumps are staying put. Therefore, Dave made a motion for a -3 determination with the following conditions: bio-oil only in the chainsaw(s); NO heavy equipment in the resource areas; debris removed or covered immediately; only trees 1-4-5-6 are allowed to be removed; 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 John Duffy, 89 Pine Ridge Grove, map 15D lot 105, regarding the manual removal of 60 patio wall blocks (240 SQF) due to damage, and will not be rebuilt; within the BZ of OR. Dave opened this hearing and invited applicant to address the Commission. Dave asked in any questions stemming from the site inspection, and looking at the folder, the questions are if there will be erosion control required, and the 2nd question is what are they doing with the elevation, keeping the same, or raising/lowering. Dave asked if anyone in attendance, and yes, John Duffy was in attendance. Dave asked John what his plan is. He indicated that he was going to use Erosion Control as required, silt fence only, and RM stated he agreed, and that he can use equipment instead of using a wheel barrel, as they are well away from the resource areas. He is going to level the area, and plant grass. Therefore, DB made a motion for a -3 determination with the following conditions: Silt Fence to be installed & inspected prior to work start; debris removed or covered immediately; no planting plan required, but applicant will plant grass and bushes and level area out of removal; OCC reserves the right to inspect for 3 years from date of approval. DS 2nd the motion and the Commission voted unanimously to issue a -3 determination with the above conditions.
- Public Hearing – NOI – Submitted by Stockman & Associates LLC, on behalf of Marc Bergeron & John Wagner, 0 Vine St., map 16C lots 21/1, regarding the installation of dock with platform and boat lift, within the BZ of OR. Dave opened this hearing and invited applicants to address the Commission. Emily Stockman was in attendance on behalf of the applicant. Dave asked if any questions stemming from the site inspection, and per the folder, there were no outstanding questions. Per DB, they walked the entire site with Bob Mason with MA DCR, and all looks good. Also, the only issue was the erosion controls, and if they are outlined on the plans. Emily spoke up to clarify that applicant is not the current owner, but wanted to make sure work could be done if he buys. The work within the BZ, is defined on the site plans, and they state on the plans that erosion will be installed and utilized. Most of the work has been kept out of the jurisdictional area. Emily outlined that the work will be done in phases as well, and for tree removal, there will be no stumping of trees. They are also proposing a planting plan that was submit putting in 27 shrubs, bushes or trees. Per DB, that answers the questions on their end. Bob Mason asked where to find the info on where, and how big, the plantings will be. Per Emily, they do not typically call out exact areas of planting, so they can work with the specific area, and she suspects the plantings would be approx.. 4”. Dave asked if anything else to look at, and that being stated, made a motion to approve the project and issue a OOC with the standard and special conditions as typical to Otis. DB 2nd the motion and the Commission voted unanimously to approve and issue and OOC with standard and special conditions. Emily will let us know where to send the OOC. Per Mark Bergeron, please send to the address in Westfield, MA.
- Public Hearing – RDA – Submitted by Jonathan Singer, 118 Telephone Rd., map 7A lot 89, regarding removal of a dead tree within the BZ of White Lily Pond. Dave opened this hearing and invited applicant to address the Commission. Dave opened this hearing and invited applicants to address the Commission. Dave asked if any questions or concerns, since there are no notes on the folder, per DB tree is dead, and is all set. Therefore, Dave made a motion for a -3 determination with the following conditions: bio-oil only in chainsaw; debris removed immediately; no heavy equipment in the resource areas; 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 Michael Boyes, 44 Highland Way, map 10E lot 40, regarding the removal of 2 dead trees within the BZ of Benton Brook. Dave opened this hearing and invited applicant to address the Commission. Dave asked if any questions stemming from the site inspection, since no notes on the folder. Per RM, no questions, to which DB agreed, dead trees. Therefore, Dave made a motion for a -3 determination with the following conditions: bio-oil only in chainsaw; debris removed immediately; no heavy equipment in the resource areas; 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 August Meeting – Submitted by Foresight Land Services, on behalf of Alyse Dvorak, 1900 N. Main Rd., map 2 lot 26, regarding proposed house additions, driveway construction & related site work, all within the 200’ resource area of Farmington River. Dave opened this hearing and invited applicant to address the Commission. All is good with this project now, as it has been modified to account for MA DEP comments. Dave made a motion to approve the project and issue an OOC with the standard and special conditions specific to Otis. RM 2nd the motion and the Commission voted unanimously to approve the project and issue an OOC with the above conditions.
- Public Hearing – NOI – Continued from August Meeting – Submitted by Daniel Giusti, 1555 West Center Road, map 6 lot 172, regarding the installation of a WLC device, to mitigate beaver dam flooding, in the resource area of Benton Brook. Dave opened this hearing and asked KB what the status was for this item. KB indicated that she has been back and forth with Emily Stockman, regarding hiring her as a 3rd party peer reviewer for this NOI. Emily clarified that the Commission must first issue the Enforcement Order, stating exactly what they want to happen. Therefore, KB will get with Mark @ MA DEP and make sure he is OK with the draft Enforcement that KB has created for this location. Dan was in attendance just so that he can understand the next moves as outlined. Therefore, Dave made a motion to once again continue this hearing, so that OCC can get the Enforcement issued, and can then move forward. RM 2nd the motion and the Commission voted unanimously to continue this hearing until the October 20, 2020 meeting.
OTHER BUSINESS
Enforcement Orders/Letters:
Emergency Certifications:
- Public Hearing – EC Tree Removal – 47 N. Lake Avenue, regarding removal of a dead oak tree within the BZ of OR; inspection done 9/5/2020. Dave opened this hearing and made a motion to ratify this Emergency Certification; RM 2nd the motion and the Commission voted unanimously to ratify this EC.
Forest Cutting Plan
Extensions of Orders of Condition:
Certificate of Compliance Requests:
- Public Hearing – Request for COC – Submitted by Marc Bergeron, 408 Lion Hill Road, map 11E lot 35, regarding the issuance of a COC for Order issued under DEP File number 254-0266. Dave opened the hearing and asked the Commission if any issues with issuing a COC for this project/work, and per RM, no issues, all is well. Therefore, Dave made a motion to issue a COC for this completed project; JL 2nd the motion and the Commission voted unanimously to issue a COC for this completed project.
- Public Hearing – Request for COC – Submitted by Robert S. Rondeau and Nancy M. Rondeau, Route 23, map 11 lot 144, regarding the issuance of a COC for work partially completed under Order for DEP file 254-0079. Dave opened the hearing and asked the Commission if any issues with issuing a COC for this project/work, and per JL and DB, no issues, all looks good. Therefore, Dave made a motion to issue a COC for this completed project; RM 2nd the motion and the Commission voted unanimously to issue a COC for this completed project.
Unanticipated Business:
Next office hours: Wednesday, October 7, 2020 from 6-9 p.m. at Otis Town Hall.
Next meeting: Tuesday, October 20, 2020 at 6:00 p.m. at Otis Town Hall.
Dave made a motion to adjourn the meeting at 7:23 PM. DB 2nd the motion and the Commission voted unanimously to adjourn the meeting.