TOWN OF OTIS
03/19/2019 MEETING MINUTES
Location: Otis Town Hall, One North Main Road, Otis
Conservation Commission Members present: Dave Sarnacki; Roger Meyer; Domenic Battista; Bruce Wall.
Conservation Commission Members absent: Rene Dube, Jeff Laramy
Staff and others present: Kristen Brown OCC Admin Secretary; Bob Mason with MA DCR; Luke Showalter with Furrow Eng.; Ralph Mazzeo; Stephen Nelson with Clearwater Recovery; Simone Natale with Berkshire Eng.; Katherine Couch; Pete Rybacki;
Opening items/Introduction of Commission members and staff. Dave Sarnacki opened the meeting at 6:00 p.m. He noted that the meeting is being recorded. The deadline for applications for the April 17, 2019 meeting is on Wednesday April 3, 2019 @ 6:00 PM. The next office hours, for the April 17, 2019 meeting, is April 3rd, 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 the minutes from the February 19, 2019 meeting, with revisions; RM 2nd the motion and the Commission voted unanimously to approve the minutes from the February 19, 2019 meeting with revisions as outlined.
- Public Hearing – RDA – Submitted by Luke Showalter with Furrow Eng., on behalf of Rudolph Mazzeo, 7 Reservoir Height Road, map 15 lot 17, regarding the implementation of drainage improvements to prevent further washout of the road into the town ROW; in the BZ of OR. Dave opened this hearing and invited applicants to address the Commission. Frank (last name illegible) with Furrow Engineering, was in attendance on behalf of Mr. Showalter with the same company, and Mr. Mazzeo, who resides at 7 Reservoir Heights Road, and who precipitated this RDA, to fix the road, based on an Enforcement Order issued by this Commission, to ALL owners of this road in January 2019. It is worth noting for the record, that Mr. Mazzeo took charge of the issue, and hired Furrow Eng., to fix the issue and resolve this matter. Thank you Mr. Mazzeo! Frank proceed to outline the area, and the resulting issues that occur when there is abundant rainwater and snowmelt. Frank also outlined their proposal for mitigating, if not entirely resolving the issue once and for all. Dave asked the Commission if there were any questions stemming from the site inspection, and Roger had no questions, although Domenic asked if there was a particular reason that the drainage would be installed on the left as opposed to the right, and per Frank, the water naturally flows that way already, so it made sense to set the drainage up to accommodate, as well as the fact that the telephone poles are along the right side. Owners living in the immediate area, and in attendance here, also attested to the run-off and erosion, with the rain and snowmelt. Dave asked if any other comments, questions or concerns on this project, to which the Commission did not have any. Dave made a motion for a -3 determination, with the following conditions: Trees cut flush with ground; debris removed or immediately; OCC reserves the right to inspect property for a period of 3 years from date of approval. RM 2nd the motion, and the Commission voted unanimously to approve and issue a -3 determination with the above conditions.
- Public Hearing – RDA – Submitted by Stephen Nelson with Clearwater Recovery on behalf of Robert Shangraw, 71 N. Gate Island Road, map 17 lot 31, regarding the septic upgrade in the BZ of OR. Dave opened this hearing and invited applicants to address the Commission. Stephen Nelson with Clearwater Recovery was in attendance on behalf of applicant. Per Roger, the only question stemming from the site inspection was that they need more defined measurements for the leach field, in that it is very close to the resource area. Bob Mason also asked if they have the boundaries for the HWM on this lot. Per Stephen, he saw the posts, but is not sure on that so will have to verify. Therefore, the Commission wants verification of the pins, both property, and High Water Mark (state property line). Dave made a motion to continue this hearing until the April meeting, so that applicant can verify all boundaries. RM 2nd the motion and the Commission voted unanimously to continue this hearing until the April 2019 meeting.
- Public Hearing – NOI – Submitted by Berkshire Eng., on behalf of Michael & Emily Gould, 335 Brookman Dr., map 18C lot 23, regarding the construction of a retaining wall along the shoreline of Otis Reservoir. Dave opened this hearing and invited applicants to address the Commission. Simone Natale was in attendance on behalf of applicant, and proceeded to overview the project for the Commission. Dave asked if any questions stemming from the site inspection, per RM, is there a chapter 91 license, per Simone yes, they have placed a revised chapter 91 amendment for the wall and she will email a copy to OCC. Also, Bob Mason wanted to see the lateral access requirement of stairs for the wall, which is a requirement of MA DEP and Chapter 91 guidelines. DEP also made comments of the file form, that there should be some vegetation planted along the wall (bio-engineering) to help maintain the health of the surrounding water. Therefore, Simone asked for a continuance, and Dave made a motion to continue this hearing until the April 17, 2019 meeting. BW 2nd the motion, and the Commission voted unanimously to continue this hearing until the April 17, 2019 meeting.
- Public Hearing – NOI Continuance – Submitted by Michael Turgeon with Jacobs Eng. Group, on behalf of Susan McArthur with MASS DOT Hwy. Div., regarding the replacement of existing culvert outfalls & drainage structures to maintain O & M of the Mass Pike. Dave opened this hearing and invited applicants to address the Commission. First off, per Kristen, there is a financial issue to address, in that this NOI has paid ONE filing fee, however, the project spans several towns. Therefore, in actuality, there should be a fee for each town, in which work needs to be done. The rebuttal from project heads, is that it would not be good to set a precedent here, where simply because there are larger coffers, that towns should be able to enforce multiple fees. Since MA DOT is the one owner, of the MA Pike, and the project is only to do with MA Pike, one property per se, and one project: fix the culverts; it would be like forcing a property owner to pay a fee for a house, and then another fee for a driveway, and yet another for a shed. It is not done this way, as it is considered double dipping. Dave agreed with the summary, and therefore, we will waive the additional fee(s) for Otis. That being finalized, Dave asked if there were any concerns with the project from an inspection POV, and per KB, she reminded that this matter was openly reviewed and outlined at the last meeting, but because there had not been a file number issued yet, we had to continue until this meeting. Therefore, Dave made a motion to approve and issue an Order of Conditions for this project, with the standard conditions, as well as special conditions as applicable. RM 2nd the motion and the Commission voted unanimously to approve and issue an Order of Conditions for this project, with standard conditions, and special conditions as applicable.
- Public Hearing – NOI – Continuance – Submitted by Sarah Gapinski with SK Design Group, Inc., on behalf of David Donahue with D & J Development LLC, Reservoir Rd., maps 16B/15/16 lots 1 & 3/76-1 & 77/43, regarding the construction of a townhouse development in the BZ of OR, and surrounding BVW. Dave opened this hearing and proceeded to inform that the applicants requested a continuance until the April 17, 2019 meeting, so that the 3rd party reviews could be completed and submit for review. Dave made a motion to continue this hearing until the April 17, 2019 meeting, RM 2nd the motion and the Commission voted unanimously to continue this hearing until the April 17, 2019 meeting.
- Public Hearing – NOI – Continuance – Submitted by Berkshire Engineering, Inc., on behalf of Sally Laufer, 20 Soucie Lane, map 6 lot 116, regarding the removal & construction of existing single family home with attached deck, install of stone drip edge and extension of existing gravel drive, all within the 200’ riverfront area of the west branch of the FR in Otis. ** Revised plans submit as recommended by MA DEP ** Dave opened this hearing and invited applicant to address the Commission. Simone Natale was in attendance for this hearing, and indicated that they revised the plans, that were submit to the Commission, to add more plantings based on the recommendation by Mark with MASS DEP. According to Simone, they more than quadrupled the plantings based on Marl’s recommendation, and wrapped the plantings around the property. The increased to 1500 SFT of plantings (from 250 SFT). Therefore, with the concern addressed, Dave made a motion to approve and issue the Order of Conditions, with standard conditions, as well as special conditions as applicable; BW 2nd the motion and the Commission voted unanimously to approve and issue an OOC with standard conditions, and special conditions, as applicable.
Forest Cutting Plan
Extensions of Orders of Condition:
Certificate of Compliance Requests:
- Public Hearing – Certificate of Compliance – Submitted by Ryan Nelson with Berkshire Engineering, on behalf of Ziter Saloomey with Saloomey Construction, 31 South Bay Road, map 17D lot 24, regarding the work partially completed under MASS DEP Order of Conditions 254-0397: Existing structures were demolished, but new construction was never started. This request is being made to allow for a project redesign and the future filing of a new NOI. Dave opened this hearing and invited applicant to address the Commission. None were in attendance, and per Roger, there were no issues, they can see the demo was completed, but the construction never started. Therefore, Dave made a motion to issue a COC for this Order of Conditions; RM 2nd the motion and the Commission voted unanimously to approve and issue a COC for this OOC.
Next office hours: Wednesday, April 3, 2019 from 6-9 p.m. at Otis Town Hall.
Next meeting: Wednesday, April 17, 2019 at 6:00 p.m. at Otis Town Hall. Meeting adjourned at 8:14 PM.