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TOWN OF OTIS
CONSERVATION COMMISSION
03/16/2021 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; 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 April 20, 2021 meeting is on Wednesday April 7, 2021 @ 6:00 PM. The next office hours, for the April 20, 2021 meeting, is also Wednesday April 7, 2021 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 February 16, 2021 meeting; DB 2nd the motion and the Commission voted unanimously to approve the minutes from the February 16, 2021 meeting.
- Public Hearing – RDA – Submitted by Mark & Theresa Graveline, 91 N. Gate Island Rd., map 17C lot 35, regarding the small addition to existing dock, within the BZ of Otis Reservoir. Dave opened this hearing and invited applicant to address the Commission. Dave noted there was a question on the folder from the site inspection that questioned if the flat stones and existing posts would be used, and Dave asked Bruce to elaborate. Bruce indicated the only concern was if DCR and DEP approved this under their Chapter 91 license, and if the addition of the dock would sit on flat stones on the lake bottom, or if helical piers would be used. Per DM, just wanted to make sure that the existing Chapter 91 was updated with the addition. KB clarified that what we need to know is that applicant is following up with MA DEP, with regard to their current license, with MA DEP, to make sure they are OK. OCC will need to add a condition to the approval (if approved) that requires them to follow up with DEP. Therefore, Dave made a motion for a -3 determination, to include the conditions: no heavy equipment in the resource areas; no EC required; work to be staged outside BZ, and OCC reserves the right to inspect property for 3 years from date of approval and that applicant follow up with MA DEP Chapter 91 licensing division for approval of the dock addition, prior to commencement of work. DB 2nd the motion and the Commission unanimously approved the issuance of a -3 determination to include the above conditions.
- Public Hearing – RDA – Submitted by White Eng., Inc., on behalf of Larkum Lake Real Estate Co. LLC, 620/622 Reservoir Road, map 15 lot 60, regarding the construction of an 8’ x 12’ water system accessory building, within the BZ of existing wetland area(s). Dave opened this hearing and invited applicant to address the Commission. Based on the folder, there were no questions or concerns stemming from the site inspection. Per Bruce, an update came from their engineers that they would no longer use helical piers but would use crushed stone, and the Commission does not have issue with that – one comment made by DB is that they have other permits to obtain from other town boards. With that being said, Dave made a motion for a -3 determination with the following conditions: Any EC to be installed and inspected prior to work start; no heave equipment directly within any resource areas; 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 Francisca Heming, on behalf of MASS DOT, Highway Division, Routes 8 & 23 in the Town of Otis, regarding the excavation of existing old sidewalk, and replacement of gravel foundation (where needed) & installation of new sidewalks, a portion of which falls within the 100’ flood plain. Dave opened this hearing and invited applicants to address the Commission. Dave stated no questions or concerns listed on the folder, and with DB/BW in agreement that there are no issues with this project, Dave made a motion for a -3 determination with the following conditions: No heavy equipment directly within any resource areas; debris to be removed immediately from the area; OCC reserves the right to inspect property for 3 years from date of approval. DB & BW both 2nd the motion and the Commission voted unanimously to approve and issue a -3 determination with the above listed conditions.
- Public Hearing – RDA – Submitted by Otis Recreation Commission, Great Woods Road, map 11D lot 53, regarding the replenishment of beach sand, 55’deep by 120’ long, with clean mason’s sand, within the BZ of Big Pond. Dave opened this hearing and invited applicants to address the Commission. Dave noted that there were no questions or concerns noted on the file folder for this project, and also noted that this was approved once before in a previous year, in maintenance of the beach. The Commission agreed that there are no issues with this project. Therefore, Dave made a motion for a -3 determination with the following conditions: No EC required; OCC reserves the right to inspect the 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 Doot Construction on behalf of Robert Sadock, 20 Phelps Drive, map 7A lot 8, regarding the 12’ x 26’ addition to existing house on a non-conforming lot, within the BZ of Watson Pond. Dave opened this hearing and noted that there were some issues stemming from the site inspection, and per Bruce, that is correct: the plans were incomplete, with very cursory description of scope of work, and the site was not flagged out at all. The Commission will require additional information and plans for them to be able to approve this project. Dave asked if anyone was in attendance of the meeting for this hearing and no one was. Therefore, Dave made a motion to continue this hearing until the April 20, 2021 meeting, so that better plans and scope of work can be submitted to OCC, and the site can be flagged out properly so that the site inspection can be done again, and KB will reach out to applicant for the materials needed. DB 2nd the motion and the Commission voted unanimously to continue this hearing until the 4/20/21 meeting.
- Public Hearing – RDA – Submitted by John & Aileen Alicandri, 207 Brookman Dr., map 18C lot 19, regarding the removal of several trees within the BZ of Otis Reservoir. Dave opened this hearing and invited applicant to address the Commission. The only question stemming from the site inspection was if the tree stump would be cut flush with the ground, or ground out. Dave asked if anyone was in attendance for this hearing. Per Bruce, the Commission saw that a majority of the trees were outside the BZ, and that the only recommendation OCC has is that trees are cut flush, and that no planting plan was needed. Therefore, Dave made a motion for a -3 determination with the following conditions: Bio-oil in chainsaw(s) only; no heavy equipment in any resource areas; debris to be removed immediately; trees cut flush with the ground; 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 – NOI – Submitted by Emily Stockman with Stockman & Assocs., LLC, on behalf of Hayes Pond North Group C/O Sharon Delevie, Hayes Pond North, regarding the management of invasive & natural aquatic plant species within a specific area of Hayes Pond. Dave opened this hearing and noted that OCC has received much community feedback for this project, and he would like to welcome Emily Stockman, applicants’ representative to address the Commission. Emily thanked the Commission and introduced herself in representation of the Hayes Pond North Group, to manage aquatic plants @ Hayes Pond. Emily noted that because of all the community feedback, both in favor and opposed. Since they received opposition, they want to respectfully request a continuance to welcome the opportunity to speak with all their neighbors, and to give them an opportunity to address any concerns. Dave asked how that notification will be done for any concerned residents. Per Emily, applicant is in the process of scheduling a time for a meeting. Therefore, the email address that concerned residents can use, is for Sharon Delevie, which is delevieresearch@gmail.com and Sharon proceeded to phonetically spell the email address for the meeting attendants. Sharon phonetically repeated the email address again for those who did not catch it the first time. Dave allowed Marc Fenton to speak, who stated that he never received a copy of the original NOI, but subsequently received it from OCC, he is happy to reach out to applicant to learn more about the project. DB asked when they would do the work, and Dave indicate a lot of that would depend on the approval, but Emily stated that the plan was to get this completed in the summer of 2021. Someone (unidentified) asked if there would be a revised NOI submit, and if there was, they would like to receive a copy. Dave indicated that a continuance does not mean a revised NOI would be submit, only that the applicants are requesting more time to work with the community, to which Emily agreed. Dave then made a motion to continue this hearing until the April 20, 2021 meeting; BW & RM 2nd the motion and the Commission voted unanimously to approve the continuance of this hearing until the 4/20/21 meeting.
- Public Hearing – NOI – Continued from February 16th 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 noted that this item has been continued largely because of weather, since the 3rd party review, site inspection cannot commence until the ground is unfrozen. Therefore, Dave made a motion to continue this hearing until the 4/20/21 meeting. RM 2nd the motion and the Commission voted unanimously to continue this hearing to the 4/20/21 meeting.
OTHER BUSINESS
Enforcement Orders/Letters:
Emergency Certifications:
Forest Cutting Plan
Extensions of Orders of Condition:
Certificate of Compliance Requests:
Unanticipated Business:
- Dave Donahue with D & J Development, for review regarding the proposed sale of a small piece of land that was originally within the Marina project footprint, and to make sure OCC has no issues with this small modification. Dave opened this unanticipated business to overview that per communication received from Dave Donahue, the property owner, they are requesting to sell off a very small piece of the property for which an OOC was issued, to an abutter for easement, and wanted to make sure that the Commission did not have issue with this sale. According to Dave Donahue, and a plan that was sent to the Commission, the small piece of land is nowhere near or close the project location. Dave Sarnacki asked the Commission if they saw issue with this, and they responded that this is NOT an issue, and that they have no problem with this sale, as it does not affect the project, nor previously issued Order of Conditions. With that being said, Dave Sarnacki granted verbal approval of the small sale, and a copy of the plan with the minutes will be added to the file for future reference, if needed.
Next office hours: Wednesday, April 7, 2021 from 6-9 p.m. at Otis Town Hall.
Next meeting: Tuesday, April 20, 2021 at 6:00 p.m. at Otis Town Hall.
Dave made a motion to adjourn the meeting at 7:39 PM. BW 2nd the motion and the Commission voted unanimously to adjourn the meeting.