Conservation Commission Meeting Minutes 08/17/2021

By Otis Town ClerkConservation Commission Minutes
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TOWN OF OTIS

CONSERVATION COMMISSION

08/17/2021 MEETING MINUTES

 

Location:  Otis Town Hall, One North Main Road, Otis ** Remote Meeting Via Zoom ***

 

Conservation Commission Members present:  Dave Sarnacki, Roger Meyer, Bruce Wall, Jeff Laramy, Jennifer Cole (new alternate Commissioner).

 

Conservation Commission Members absent:  Domenic Battista

 

Staff and others present:  Kristen Brown OCC Admin Secretary; Patrick Patterson; Mark DiPinto; Mary Fischer; Shannon Boomsma w/White Engineering, Inc.; Brent White w/White Engineering, Inc.; Others in attendance but unknown, as not announced/confirmed, 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., and noted that the meeting is being recorded. The deadline for applications for the September 21, 2021 meeting is on Wednesday September 1, 2021 @ 6:00 PM. The next office hours, for the September 21, 2021 meeting, is also Wednesday September 1, 2021 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 July 20, 2021 meeting; RM 2nd the motion and the Commission voted unanimously to approve the minutes from the July 20, 2021 meeting.

 

  • Public Hearing – RDA – Submitted by Patrick & Carla Patterson, 142 Kibbe Rd., map 17C lot 46, regarding the removal of asphalt on ramp (driveway), within the BZ of OR. Dave opened this hearing and asked if there were any questions stemming from the site inspection. Per BW, the Commission needs to know how the end of the ramp near the water will be handled with regard to protecting the lake from debris. Dave made a motion to continue this hearing to the next meeting on 9/21/21, in order to find out how the lake will be protected with regard to EC. BW 2nd the motion and the Commission voted unanimously to continue this hearing until the 9/21/21 meeting, to allow for receipt of additional info.

 

  • Public Hearing – RDA – Submitted by Andrew R. & Nancy B. Kutz, 147 Kibbe Rd., map 17C lot 66, regarding the removal of 3 trees damaged by disease & erosion within the BZ of OR. Dave opened this hearing and noted that there were no questions stemming from the site inspection. With that being said, Dave made a motion for a -3 determination with the standard conditions; RM 2nd the motion and the Commission voted unanimously to issue a -3 determination with standard conditions.

 

 

 

  • Public Hearing – RDA – Submitted by BPHOA Board Member Mark DiPinto on behalf of BSPOA, Pond Blvd., map 11F lot 82, between lots 91 & 107, regarding the removal of a dead pine tree within the BZ of Benton Pond. Dave opened this hearing and asked if there were any issues stemming from the site inspection. With none being stated, Dave made a motion for a -3 determination with standard conditions, to include only the one identified tree is allowed to be removed, and the stump should be cut flush with the ground. JL 2nd the motion and the Commission voted unanimously to issue a -3 determination with standard conditions to include only the one tree is allowed to be removed, and the stump should be cut flush with the ground.

 

  • Public Hearing – RDA – Submitted by Mary Fischer, 355 Stanley Road, map 16A lot 2, regarding the renovation and addition to existing home within the BZ of Big Pond. Dave opened this hearing and noted that per the folder, more info is needed on this project, in the way of supporting documentation. Therefore, Dave made a motion to continue this hearing to the 9/21/21 meeting, to allow for applicant to submit the additional info required. RM 2nd the motion and the Commission voted unanimously to continue this hearing to the 9/21/21 meeting.

 

  • Public Hearing – RDA – Submitted by Lisa E. Smith, 358 Lion Hill Rd., map 11E lot 42, regarding the removal & replacement of 3 trees within the BZ of Big Pond. Dave opened this hearing and asked if any questions or concerns from the site inspection – RM indicated that only the 3 requested trees are approved for removal and the stumps for these three trees be cut flush with the ground. With that being said, Dave made a motion for a -3 determination with the standard conditions; RM 2nd the motion and the Commission voted unanimously to issue a -3 determination with standard conditions.

 

  • Public Hearing – RDA – Submitted by Joe Tremblay w/Tremblay Mason, on behalf of David DelVecchio, 73 D’Wolfe Dr., map 7B lot 5, regarding the rebuilding of existing dwelling within the BZ of Watson Pond. Dave opened this hearing and noted that there were several questions and much more info is needed for the Commission to be able to move forward on this submittal. Therefore, since no one was in attendance at this hearing, for this submittal, Dave made a motion to continue this hearing until the 9/21/21 meeting, to allow for applicant to submit the additional info as requested. BW 2nd the motion and the Commission voted unanimously to continue this hearing to the 9/21/21 meeting.

 

  • Public Hearing – NOI – Submitted by Turning Leaf Centers Otis LLC, 1570 N. Main Rd., map 2 lot 74 & 74.1, regarding the development of the site into a recreational marijuana growing facility & retail shop, within the BZ of intermittent stream, spring & BVW. Dave opened this hearing and noted that the Commission will require a 3rd party peer review for this project/NOI. Brent White was in attendance and asked if they could source the 3rd party peer reviewer, with OK from OCC, so that they can expedite the process. The Commission did not see an issue with this as long as they let OCC know who will do the 3rd party peer review prior to start. Therefore, Dave made a motion to continue this hearing, to allow for applicant’s agent to contract a 3rd party peer review for the project. BW 2nd the motion and the Commission voted unanimously to continue this hearing to the 9/21/21 meeting, to allow for a 3rd party peer review.

 

  • Public Hearing – RDA – Submitted by James & Zoe Buckley, 27 N. Main St., map 10D lot 6, regarding the removal of tree(s) within the riverfront area of the FR, and associated BVW. Dave opened this hearing and asked if any issues with this project. Per BW – no issues, but only the 3 trees noted on the RDA are approved for removal, and this blurb should be added to the standard conditions of the NDA approval form. Therefore, Dave made a motion for a -3 determination with standard conditions, to include that only 3 trees are approved for removal – no other vegetation may be removed. RM 2nd the motion and the Commission voted unanimously to issue a -3 determination with standard conditions, to include that only 3 trees are approved for removal – no other vegetation may be removed.

 

  • Public Hearing – NOI – Continued from July Meeting & FU Site Inspection Needed – Submitted by White Engineering, Inc., on behalf of Daniel Zenkel w/Larkum Lake Real Estate Co., LLC, 620 Reservoir Road, map 15 lot 60, regarding the construction of a new cabin on helical piers for adult staff, within the BZ of Larkum Pond. Dave opened this hearing and noted that all outstanding questions were answered at the last meeting, however, the Commission could not vote as a MA DEP file number had not been issued. We now have a DEP file number, and project can move on to a vote. Dave made a motion to approve and issue an Order of Conditions, with standards and Otis Special conditions. DB 2nd the motion and the Commission voted unanimously to issue an Order of Conditions with standard and Otis Special conditions.

 

OTHER BUSINESS

 

Enforcement Orders/Letters:

 

  • Enforcement Order – James & Cheryl McIntire, 512 North Main Rd., map 6 lot 127, regarding unauthorized clearing of trees, brush and vegetation within the 200’ resource area of the west branch of the Farmington River. Dave opened this hearing and Matt Puntin w/SK Design was in attendance to represent the owners in this Enforcement action. Matt requested a continuance until the October meeting to allow them to do field work and propose a response. The Commission did not see a problem with this, so Dave made a motion to continue this hearing until the 10/19/21 meeting, to allow applicant’s agent to do the work involved. BW 2nd the motion and the Commission voted unanimously to continue this hearing until the 10/19/21 meeting. Per KB – this item will stay on the agenda until resolved, as follow up.

 

  • Enforcement Order – David Roffo, 134 Kibbe Road, map 17C lot 45, regarding unauthorized paving within the BZ of Otis Reservoir. Dave opened this hearing and addressed the fact that this owner will need to replace their septic and then remove the paved ramp, in conjunction with the abutting neighbor who owns half of the ramp. Dave made a motion to continue this item to the next meeting on 9/21, to allow time for owner to replace their septic, before removing the paved ramp. DB 2nd the JL 2nd the motion and the Commission voted unanimously to continue this hearing to the 9/21 meeting.

 

Emergency Certifications:

 

Forest Cutting Plan

 

Extensions of Orders of Condition:

 

Certificate of Compliance Requests:

 

    • Public Hearing – Request for COC – Submitted by White Engineering, 131 Pond Blvd., map 11F lot 91, regarding the request for a COC for work completed under DEP File 254-0327. Dave opened this hearing and noted that there were no issues from the site inspection. Therefore, Dave made a motion to issue a COC for the work completed under OOC 254-0327. JL 2nd the motion and the Commission voted unanimously to issue a COC for work completed under OOC 254-0327.

 

    • Public Hearing – Request for COC – Submitted by Joel Fishkind, 23 Pleasant Dr., map 15D lot 33, regarding the request for a COC for work completed under DEP File 254-0337. Dave opened this hearing and noted that there was a comment on the folder that this is “all set”. Therefore, Dave made a motion to issue a COC for the work completed under OOC 254-0337. RM 2nd the motion and the Commission voted unanimously to issue a COC for work completed under OOC 254-0337.

 

    • Public Hearing – Request for COC – Submitted by Powers Law Group, North Main Rd., map 2 lot 100, regarding the request for a COC for driveway work completed under DEP File 254-241. Dave opened this hearing and noted that there were no issues with this request. Therefore, Dave made a motion to issue a COC for OOC 254-241. RM 2nd the motion and the Commission voted unanimously to issue a COC for OOC 254-241.

 

Unanticipated Business:

 

Next office hours:  Wednesday, September 1, 2021 from 6-9 p.m. at Otis Town Hall.

Next meeting:  Tuesday, September 21, 2021 at 6:00 p.m. at Otis Town Hall, or Remote via Zoom.

 

Dave made a motion to adjourn the meeting at 7:22 PM. RM 2nd the motion and the Commission voted unanimously to adjourn the meeting.