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TOWN OF OTIS
CONSERVATION COMMISSION
10/20/2020 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, Bruce Wall and Jeff Laramy.
Conservation Commission Members absent: None.
Staff and others present: Kristen Brown OCC Admin Secretary; Daniel Giusti; Shannon Boomsma w/White Engineering; Don Chaffee w/Chaffee Construction; Jeff Amanti; Jim Watkins; others in attendance unknown, as not announced, nor signed-in with a full name on the Zoom application.
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 November 17, 2020 meeting is on Wednesday November 4, 2020 @ 6:00 PM. The next office hours, for the November 17, 2020 meeting, is also Wednesday November 4, 2020 from 6:00 –9:00 PM. ** Office hours will be conducted remotely until further notice; in person meetings will be held by appointment only ** 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 September 15, 2020 meeting; BW 2nd the motion and the Commission voted unanimously to approve the minutes from the September 15, 2020 meeting.
- Public Hearing – RDA – Submitted by Andrew Dorsey, 2 Big Island, map 12A lot 2, regarding the installation of 4 concrete posts for a new 6’ x 18’ building addition within the BZ of Big Pond. Dave opened this hearing and invited anyone associated with this hearing to address the Commission. Dave asked if any questions stemming from the site inspection since no notes on the folder, none being stated, Dave made a motion for a -3 determination with the following conditions: no heavy equipment directly in the resource area; all debris to be removed or covered immediately; OCC reserves the right to inspect property for 3 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 Victoria Smith, 85 N. Lake Ave., map 18A lot 32, regarding the removal of a tree & removal of concrete pad beneath the existing deck(s), all within the BZ of OR. Dave opened this hearing and invited anyone associated with this hearing to address the Commission. Dave asked if any questions stemming from the site inspection since again, no notes on the folder, and with none being stated, Dave made a motion for a -3 determination with the following conditions: no erosion controls needed; no heavy equipment directly in the resource area; all debris to be removed or covered 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 – RDA – Submitted by MA DOT HIGHWAY, on behalf of Francisca Heming, Interstate 90 E & W bound lanes inc. exit and entrance ramps, regarding the application of herbicide to control target vegetation within the area of infrastructure in the I-90 ROW. Dave opened this hearing and invited anyone associated with this hearing to address the Commission. No one in attendance, therefore, Dave asked if any questions stemming from the site inspection since no notes on the folder – none being stated, Dave made a motion for a -3 determination with the following conditions: no EC needed; no heavy equipment directly in the resource area; all debris to be removed or covered immediately; OCC reserves the right to inspect property for 3 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 R. Levesque on behalf of Robert Goyette Sr., 491 Pine Road, map 17B lot 61, regarding removal of a 36” white pine within the BZ of OR. Dave opened this hearing and explained straight off that MA DCR would be referring this item for review through their “Green Docket” process in Boston, therefore, Dave believes that the Commission should request a continuance until the review comes back positive from MA DCR. DB & BW both believe that the Commission should hear this item, vote on it based on the merits and review of the WPA, so that when the MA DCR Green Docket review is complete, applicant will hold no further obligations to this Commission, provided the outcome of that review is positive, and applicant is provided permission by MA DCR to move forward. Dave respectfully disagreed, but stated that DB was welcome to make a motion, which he did, as follows: applicant must receive permission back from MA DCR Green Docket before proceeding with work; no heavy equipment directly in the resource area; all debris to be removed or covered immediately; OCC reserves the right to inspect property for 3 years from date of approval. BW 2nd the motion, and the Commission voted as follows: YEAH: DB-BW-JL-RM NAY: DS, motion passes.
- Public Hearing – RDA – Submitted by Mary Fischer, 355 Stanley Road, map 16A lot 2, regarding the removal of 4 trees within the BZ of Big Pond. Dave opened this hearing and invited anyone associated with this hearing to address the Commission. Dave asked if any questions stemming from the site inspection since no notes on the folder, none being stated, Dave made a motion for a -3 determination with the following conditions: no heavy equipment directly in the resource area; all debris to be removed or covered immediately; OCC reserves the right to inspect property for 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 – RDA – Submitted by Jeff Amanti on behalf of David Amanti, 100 Kibbe Point Rd., map 17F lot 2, regarding the removal of existing cottage, and rebuild of new in same footprint, within the BZ of OR. Dave opened this hearing and invited anyone in attendance on behalf of this hearing to address the Commission. Dave indicated that per the questions on the folder from the site inspection, is there going to be a foundation on this project? Per Jeff Amanti, yes, there will be a foundation, per the plans. Dave also asked if there was going to be EC installed, and per Jeff Amanti again, yes, as outlined on the plans, which was marked “temporary”, and the EC will wrap across the water side of the project to protect that whole area. DB noted that the only other note he had was about the debris, and per KB, this is covered by conditions, and debris will be conditioned to be removed daily; With no other questions indicated, Dave made a motion for a -3 determination with the following conditions: EC to be installed & inspected by OCC prior to work start; no heavy equipment directly in any resource areas; debris to be removed from the area immediately; OCC reserves the right to inspect property for 3 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 BSC Group, on behalf of Eversource Energy, 1421 Electrical utility ROW, east of Blandford Town line, just N of Blandford Town line in Otis, regarding the construction of 2 small access ramps down the slope to support structure replacements/anchor installs along the 1421 ROW. Dave opened this hearing and invited anyone in attendance on behalf of this hearing to address the Commission. Dave asked if any questions on this project, and per JL, no issues, all work is standard maintenance under established ROW regs and areas. Therefore, Dave made a motion for a -3 determination with the following conditions: no heavy equipment directly within any resource areas; OCC reserves the right to inspect property for 3 years from date of approval. JL 2nd the motion and the Commission voted unanimously to issue a -3 determination with the above conditions.
- Public Hearing – RDA – Submitted by Gail Seeger, 19 Circle Drive, map 17D lot 59, regarding the removal of two damaged pine tree & partial of a dying birch, all within the BZ of OR. Dave opened this hearing and invited anyone associated with this hearing to address the Commission. Dave asked if any questions stemming from the site inspection since again, no notes on the folder, and with none being stated, Dave made a motion for a -3 determination with the following conditions: no erosion controls needed; no heavy equipment directly in the resource area; all debris to be removed or covered 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 – RDA – Submitted by Chaffee Construction on behalf of Mark Anthony, 13 N. Lake Ave., map 18A lot 42, regarding addition to existing structure & relocation of septic & pump chamber, all within the BZ of OR. Dave opened this hearing and invited anyone in attendance on behalf of this hearing, to address the Commission. Dave noted that it stated on the folder that EC would only be required for the lakeside, which DB confirmed would be fine. Dave asked if any other questions stemming from the site inspection, and none being stated, Dave made a motion to issue a -3 determination with the following conditions: EC to be installed & inspected by OCC prior to work start; no heavy equipment directly within any resource area(s); debris to be removed or covered immediately; OCC reserves the right to inspect property for 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 James & Kathryn Watkins, 10 S. Lake Ave., map 18 lot 45, regarding the modification of existing dock, within the resource area of OR. Dave opened this hearing and invited anyone in attendance on behalf of this hearing to address the Commission – Jim Watkins was in attendance on behalf of this NOI filing. Dave noted that there was a comment on the folder about 4’ x 10’ addition, and Jim stated that yes, they want to add a 4’ x 10’ addition to the existing dock structure onsite; all was approved by MA DEP as minor dock modification. BW asked how wide the dock was going to be on the left side, and per Jim, it is going to be 4’ wide. Per Jim, they will off-set to the current 5’ wide dock. DB confirmed that what he has proposed is fine, and it is approved by DEP. Jeff confirmed that the dock will also be on piers that rest on the lake bottom. DB commented that Jim has done a wonderful job with this property. Therefore, Dave made a motion to approve and issue an Order of Conditions, based upon the approval by MA DEP for the specific dock layout, with standard and Otis special conditions; BW 2nd the motion and the Commission voted unanimously to approve and issue an OOC with the standard and Otis Special Conditions.
- Public Hearing – NOI – Submitted by White Eng., Inc., on behalf of Austin Brazee, 65 Kibbe Point Rd., map 17 lot 41, regarding the reconstruction of retaining wall along the shore of OR. Dave opened this hearing and invited anyone in attendance on behalf of this hearing to address the Commission, Shannon Boomsma with White Engineering was in attendance on behalf of applicant. Dave noted that Mark had not yet issued a file number, and KBB interrupted to say that Mark did issue a file number at the last minute, and noted Mark’s comments under headings one and two, and noted that the applicant would have to speak to these comments directly before moving forward. Therefore, Shannon introduced herself, and indicated that she did also receive the file number document, and will address the comments made by MA DEP specifically: White revised the plans and sent them over to the Commission earlier in the day – KB confirmed receipt but the Commission did not have a chance to thoroughly review onsite. Shannon stated that the revision included changing the proposal from a natural block wall, to ready-rock wall, which is designed to be less invasive and under water, whereas what is there now is a versa-lock wall which is NOT designed to be under water, which is why it is in such a state of deterioration. Mark also noted that the boat lift is not on the current chapter 91 license, so applicant would like to get that added to the licenses as well. In regard to what applicant refers to as dock 1, the jet-ski lift, which is partially shown on the existing chapter 91, but was subsequently expanded without revision to the license, so that has to be addressed as well with DEP. Therefore, Shannon admits that these two items are not properly authorized on the existing Chapter 91 license, so they would like to get them added, and bring the license up to date, and get them approved under this NOI. Per Shannon, they will also use straw wattles to protect the lake bottom, and will use a mid-size excavator and matts, to avoid disturbance to the resource are; the wall will be collapsed backwards, away from the water. New drainage stone and filter fabric will be installed beneath the wall, and when all complete, area will be top-soiled and seeded with mulch. Shannon described the entire process for the wall rebuild and asked if there are any questions on that specific work narrative, and per BW and DB, everything with the wall work sounds good, however, per BW, they need to address the dock/jet-ski additions with MA DEP prior to Concom approval, to make sure they are OK with proposed changes/additions, so applicant may need to continue to get MA DEP waterway’s division input first, since only existing docks 2 and 3 are approved and officially on the chapter 91 license – applicant may actually be denied as currently proposed, and end up having to come back before OCC. Per Shannon, owners are anxious to move forward and fix the wall, so she asked if they do not reinstall the boat-lift and jet-ski ramp until approved and added to the Chapter 91 license by MA DEP (since these two structures are currently removed for winter), and therefore be in compliance with the current Chapter 91, could the Commission move forward on a decision for the remaining work, so applicant does not get held up on the wall redesign, which must be done during winter draw-down. Dave asked for a moment to actually review Mark’s comment one by one, and make sure that the Commission is thoroughly addressing everything as requested. Per Dave, he again feels that this item should be continued, due to the review being done by MA DCR Green Docket in Boston, however, any Commissioner can make a motion at this point, as per above discussions. Therefore, DB made a motion to approve and issue the OOC based upon standard and Otis Special Conditions, including: applicant must get the boat-lift and jet-ski ramp approved and added to the Chapter 91 license, prior to re-installation; no planting plan required; project cannot commence until approval received from MA DCR Green Docket in Boston. BW 2nd the motion and the vote went as follows: YEAH: DB-BW-RM-JL NAY: DS – motions passes as outlined above.
- Public Hearing – NOI – Continued from September 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 indicated that this would again be continued, as OCC was working on the EO that needs to be issued to address the unauthorized work. Therefore, Dave made a motion to continue this hearing until the next meeting in November 17, 2020. BW 2nd the motion and the Commission voted unanimously to continue this hearing until the November 17, 2020 meeting.
OTHER BUSINESS
Enforcement Orders/Letters:
Emergency Certifications:
Forest Cutting Plan
Extensions of Orders of Condition:
- Request for Ext. of Order of Conditions – 254-0403 – Submitted by R. Levesque on behalf of Robert Goyette Sr., 491 Pine Road, map 17B lot 61, regarding the request to extend the issued OOC, under DEP file 254-0403. Dave opened this hearing and invited anyone in attendance on behalf of applicant to address the Commission. Dave asked if any questions or concerns on the request to extend an existing Order of Conditions, and none being stated, made a motion to extend the OOC for an additional 3 years from original expiration date; RM 2nd the motion and the Commission voted unanimously to approve the extension of the OOC an additional 3 years from original expiration date.
Certificate of Compliance Requests:
Unanticipated Business:
- Complaint: dumping in the resource area, Hall’s Store: The Otis BOH received a complaint that contractors doing the roofing on Hall’s Store, were dumping debris right into the brook behind the structure. Commissioner inspected and submit pictures; for discussion, and possible Enforcement action. Dave opened this hearing and asked for an overview of this matter. Essentially, someone observed ongoing roof work at Hall’s Store, on Route 23 across from Katie’s Country Store, where roofing debris was allegedly being thrown very close to, as well as directly into, the nearby stream that runs through the property, behind the building that which was receiving the roofing repairs/upgrade. DB actually made a visit to the site, and did not observe any debris in nor around the respective stream; on the contrary, the debris was being thrown into a single pile, behind the structure, in an orderly manner. Per DB, to be fair, there was not a lot of room behind the house as it was, and no dumping into the stream was observed at the site inspection. Therefore, no official enforcement action will be taken at this time, for this specific reported violation.
Next office hours: Wednesday, November 4, 2020 from 6-9 p.m. at Otis Town Hall.
Next meeting: Tuesday, November 17, 2020 at 6:00 p.m. at Otis Town Hall.
Dave made a motion to adjourn the meeting at 7:27 PM. DB 2nd the motion and the Commission voted unanimously to adjourn the meeting.