Conservation Commission Meeting Minutes 09/21/2021

By Otis Town ClerkConservation Commission Minutes
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TOWN OF OTIS

CONSERVATION COMMISSION

09/21/2021 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, Domenic Battista, Jennifer Cole (new alternate Commissioner).

 

Conservation Commission Members absent:  None

 

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.; Donnie Chaffee w/Chaffee Construction; 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 August 17, 2021 meeting; BW 2nd the motion and the Commission voted unanimously to approve the minutes from the August 17, 2021 meeting.

 

  • Public Hearing – RDA – Submitted by Richard Bleier, 1277 Reservoir Road, map 15C lot 29, regarding obtaining a Chapter 91 license for an existing dock within the BZ of Otis Reservoir. Dave opened this hearing and asked the Commission if there were any questions or concerns stemming from the site inspection. Per the Commission, just wanted to ensure that the dock will be resting on pads – per KB, no work involved, this RDA is only for obtaining a Chapter 91 license. Therefore, Dave made a motion for a -3 determination with standard conditions. RM 2nd the motion and the Commission voted unanimously to issue a -3 determination with standard conditions.

 

  • Public Hearing – RDA – Submitted by Chaffee Construction on behalf of Sandra Fieldler, 137 Pond Blvd., map 11F lot 92, regarding the replacement of existing failed piers on dock within the BZ of Big Pond. Dave opened this hearing and noted that there were no issues noted on the folder; with that being said, Dave made a motion for a -3 determination with standard conditions; DB 2nd the motion and the Commission voted unanimously to issue a -3 determination with standard conditions.

 

 

 

 

  • Public Hearing – RDA – Submitted by Chaffee Construction on behalf of Alan Bone, 300 Brookman Drive, map 18C lot 44, regarding the demo and rebuild of existing home & deck within the BZ of Otis Reservoir. Dave opened this hearing and noted that there were no issues stemming from the site inspection. Therefore, Dave made a motion for a -3 determination with standard conditions; BW/RM/DB 2nd the motion and the Commission voted unanimously to issue a -3 determination with standard conditions.

 

  • Public Hearing – RDA – Submitted by Chaffee Construction on behalf of Matt King & Brian Cruely, 74 Kibbe Road, map 17A lot 32, regarding the rebuild of existing seawall, addition of retaining walls & other associated landscaping within the BZ of Otis Reservoir. Dave opened this hearing and noted that there are a few notes on the folder. Where is the EC going to be installed? Donnie Chaffee was in attendance and noted that EC will be bales w/spikes, to ensure the bales do not move out of place. Also noted that there should be a couple plantings to account for tree removal, and these must be near the water. Dave made a motion for a -3 determination with standard conditions, as well as the following: work must be done during OR draw-down; all trees cut flush w/ground; EC to be installed & inspected by OCC prior to work start, and must include bales w/spikes; bio-oil only in chainsaw(s) for tree removal; two native plantings to be added near the water (stairs). DB & RM 2nd this motion and the Commission voted unanimously to issue a -3 determination with standard and above listed conditions.

 

  • Public Hearing – RDA – Submitted by Joanne A. Root, 34 Langdon Ln., map 17B lot 83, regarding the removal of 3 trees by John Field Tree Svc., within the BZ of Otis Reservoir. Dave opened this hearing and noted that there were no questions stemming from the site inspection, and that work will be conducted by Field Tree Service. Therefore, Dave made a motion for a -3 determination with the standard conditions; DB 2nd this motion and the Commission voted unanimously to issue a -3 determination with standard conditions.

 

  • Public Hearing – RDA – Submitted by Bryant E. Munson, 25 Candlewood Dr., map 16C lot 20, regarding the removal of a dying white pine tree within the BZ of Otis Reservoir. Dave opened this hearing and noted that there were no questions on the folder, and per the Commissioners, no issues with this tree removal. Therefore, Dave made a motion for a -3 determination with standard conditions; DB 2nd the motion and the Commission voted unanimously to issue a -3 determination with standard conditions.

 

 

  • Public Hearing – RDA – Submitted by James & Zoe Buckley, 27 N. Main St., map 10D lot 6, regarding the removal of several more tree(s) within the riverfront of the FR & associated BVW. Dave opened this hearing and noted that there were questions on the folder stemming from the site inspection; Commission was unable to locate and identify all trees/brush applicant wants to remove. Dave asked KB to follow up with applicant to obtain more info, and have them mark all trees, and made a motion to continue this hearing to the 10/19/21 meeting; BW 2nd the motion and the Commission voted unanimously to continue this hearing to the 10/19/21 meeting.

 

 

 

  • Public Hearing – NOI – Submitted by White Engineering, on Behalf of Julie Judd, 5 S. Gate Isle. Rd., map 17C lot 22, regarding a septic system upgrade within the BZ of Otis Reservoir. Dave opened this hearing and asked if anyone was in attendance on behalf of this submittal, and Brent White w/White Engineering was in attendance on behalf of applicant. Brent proceeded to detail the project, and also went point by point on comments/concerns received from MA DEP, on the fie number document. With that being said, Brent asked for a continuance until the 10/19/21 meeting, to allow for the opportunity to address and answer the outstanding issues presented by DEP. Dave made a motion to continue this hearing to the 10/19/21 meeting; DB 2nd the motion and the Commission voted unanimously to continue this hearing to the 10/19/21 meeting.

 

 

  • Public Hearing – RDA – Continued from August Meeting – 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. Continued as additional info (supporting documentation) required in order to move forward. Dave opened this hearing and asked if there was any additional info submit on how the lake would be protected, and BW stated the he spoke with Mr. Patterson, and that they plan to use wattles and silt fencing to protect the lake, at the bottom of the ramp. Still need specific scope of work info however, which will not be available until the abutting neighbor complete their septic upgrade. Therefore, Dave made a motion to continue this hearing to the 10/19/21 meeting; RM 2nd the motion and the Commission voted unanimously to continue this hearing to the 10/19/21 meeting.

 

 

  • Public Hearing – RDA – Continued from August Meeting – 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. Continued as additional info (supporting documentation) required in order to move forward. Dave opened this hearing and asked if the additional supporting documentation was received, and it was not. Therefore, Dave made a motion to continue this hearing to the 10/19/21 meeting. BW 2nd the motion and the Commission voted unanimously to continue this earing to the 10/19/21 meeting.

 

 

  • Public Hearing – RDA – Continued from August Meeting – 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. Continued as additional info (supporting documentation) required in order to move forward. Dave opened this hearing and asked if the additional supporting documentation was received, and per KB it was not. Dave asked KB to contact applicant again to remind them to submit, and made a motion to continue this hearing to the October 19, 2021 meeting; BW 2nd the motion and the Commission voted unanimously to continue this hearing to the 10/19/21 meeting.

 

 

 

 

 

 

  • Public Hearing – NOI – Continued from August Meeting – 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. Continued to allow for a 3rd party peer review. Dave opened this hearing and noted that applicant obtained SK Design to so the 3rd party peer review, and that the peer review had come back and was reviewed by all on the Commission. Dave also noted that applicant responded to said peer review, and submit revised site plans based upon the peer review. Dave asked alternate Commissioner Jennifer Rivers Cole to comment on the peer review results, as well as the revised plans submit as a result of the peer review. Per Jenn, after thorough review of the peer review responses and subsequently received revised plans from applicant, she believes that this project has gone over and above, according to the submittal requirements, and believes that this is a responsibly engineered project, and has nothing further to address. With that being said, Dave made a motion to approve and issue an Order of Conditions for the project as revised subsequent to the peer review, with standard and Otis Special conditions; RM 2nd the motion and the Commission voted unanimously to approve and issue an OOC for this project 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 10/19 meeting.

 

 

 

 

Emergency Certifications:

 

Forest Cutting Plan

 

Extensions of Orders of Condition:

 

Certificate of Compliance Requests:

 

    • Public Hearing – Request for COC – Submitted by White Engineering, on behalf of Daniel Zenkel, 620 Reservoir Rd., map 15 lot 60, regarding the request for a COC for work completed under OOC & DEP File #254-0331. Dave opened this hearing and asked the Commission if any questions stemming from the site inspection. With no issues, Dave made a motion to issue a COC for the work completed under OOC 254-0331. RM 2nd the motion and the Commission voted unanimously to issue a COC for work completed under OOC 254-0331.

 

Unanticipated Business:

 

  • Discuss the EC Request for Beaver/Beaver Dam Removal & Install of WLCD on Benton Pond

 

 

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

Next meeting:  Tuesday, October 19, 2021 at 6:00 p.m. at Otis Town Hall, or Remote via Zoom.

 

Dave made a motion to adjourn the meeting at 7:11 PM. JL 2nd the motion and the Commission voted unanimously to adjourn the meeting.