Conservation Commission Meeting Minutes 04/17/2018

TOWN OF OTIS

CONSERVATION COMMISSION

4/17/2018 MEETING MINUTES

Location:  Otis Town Hall, One North Main Road, Otis

 

 

Conservation Commission Members present:  Dave Sarnacki, Roger Meyer, Bruce Wall and Jeff Laramy.

 

Conservation Commission Members absent: Domenic Battista, Renee Dube’.

 

Staff and others present:  Kristen Brown OCC Admin Secretary; Bob Mason with MA DCR; Mike Kulig with Berkshire Engineering; Chris Tryon with Berkshire Geo-Technologies; Juanita O’Rourke; John Field; Thomas Logsdon and Mark Stinson with MASS DEP, Western Region Circuit Rider. Please note that there were 3 other attendants, for which we cannot decipher the signatures/names.

 

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 May 16, 2018 meeting is Wednesday, May 2, 2018 @ 6:00 PM. The next office hours, for the May 16th meeting, is Wednesday, May 2nd from 6:00 – 9:00 PM. *** Dave noted that the May meeting is being held on the 3rd Wednesday instead of the 3rd Tuesday, due to the annual town meeting scheduled for the 3rd Tuesday of May. In June, we will be back to meetings on Tuesday’s. Dave introduced the members of the commission, as well as Bob Mason with MA DCR, and Mark Stinson with MASS DEP, 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 our March 20, 2018 meeting; RM 2nd the motion and the commission voted unanimously to approve the minutes from the March 20, 2018 meeting.

 

  • Public Hearing – RDA – Submitted by John Field Tree Svc., on behalf of Katie Grossman, 22 Chestnut Lane, regarding the removal of a dying tree in the BZ of OR. Dave opened this hearing and invited the applicant to address the Commission, John Field was in attendance for applicant. Dave asked for map and parcel number and KBB will look up and add to the file. Dave asked if any questions stemming from the site inspection – per RM, none indicated, other than to confirm that stumps would be cut flush with ground; per John, stumps will be cut flush with ground. Applicant will be planting another tree within the same area, and will plant an indigenous species; per Mark, should specify size of tree to be planted. Per John will be a native tree, at least 10’ tall. Dave made a motion for a -3 determination with standard conditions as follows: Bio-oil only in chainsaw(s); stump cut flush with ground; debris to be removed or covered immediately; no heavy equipment in the resource area; contact OCC when tree is planted; 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 for a -3 determination with the above conditions.

 

 

 

 

 

 

 

  • Public Hearing – NOI – Submitted by Berkshire Eng., on behalf of the Estate of Violette, 47 & 52 Hayre Isle Rd., map 17B lots 14 & 221, regarding a residential septic system upgrade. Dave opened this hearing and invited applicants to address the Commission. Mike Kulig was in attendance, and Dave asked to confirm that there has been no DEP File number issued yet due to an issue with the filing. Applicant requested a continuance via email, as DCR (property owners) would not sign off on this NOI, so DEP would NOT issue a file number. Therefore, until this is resolved, cannot move forward. Dave made a motion to continue this NOI until the May 2018 meeting; JL 2nd the motion and the Commission voted unanimously to continue this NOI until May 2018 meeting.

 

 

  • Public Hearing – RDA – Submitted by Berkshire Geo-Tech., on behalf of Richard & Joan Stanchfield, 462 Lion Hill Rd., map 11E lot 26, regarding the drill of a new well, and associated work within the 100’ BZ of Big Pond. Dave opened this hearing and invited applicant to address the Commission. Chris Tryon was in attendance on behalf of applicant. Dave asked the Commission if any questions stemming from the site inspection, and per RM, he asked if the well was dug yet, and it was not due to frozen ground. Chris pointed out that the house is on a seasonal basis now; and owners are looking to drill a well, and make it an all season residence. But they were not able to drill the well yet. Chris indicated that they will be no cutting on site, and work will likely be done in summer. Bruce asked where the well is and Chris indicated that the well is outside the 100’ BZ. The septic will not be altered at all. Dave asked if any further questions, Bruce asked what the concern is if outside the 100’ buffer, and RM indicated that it is the BVW that they are closer to with this case, and not the lake. Major impact is getting a machine in there. KB asked CT to sign that they are not doing any clearing. Dave then made a motion for a -3 determination, with the following conditions: all EC to be installed and inspected prior to work start; no heavy equipment in the resource area; all debris to be removed or covered immediately, outside the resource area; 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 listed conditions.

 

 

 

 

 

 

 

 

 

 

 

  • Public Hearing – RDA – Submitted by Berkshire Eng., Inc., on behalf of Darryl W and Laurie L Swain, 276 N. Main Rd., map 10 lot 33, regarding the install of a new well, in the 200’ of area from the west branch of Farmington River. Dave opened this hearing and invited applicants to address the commission. Mike Kulig with BE, was in attendance and approached the Commission. Mike explained the whole project, while pointing out the areas on the plans for the Commission. Dave indicated that there were questions stemming from the site inspection, regarding work not being tagged, no stakes. Per RM, there were none, but they could see where it was to go based on the print. Dave reminded Mike to make sure work is flagged on all jobs. Mike explained everything on the plans, and that the work is within approx. 100’ from the river, and is at the top of the drop off. Mike said that he will stake it out in case of any other inquiries. Dave made a motion for a -3 determination, and Mark indicated that we cannot issue a -3 for riverfront work. Dave asked what we should issue and Mark said a -5 determination would be appropriate. Dave made a motion for a -5 determination, which is exempt due to the existing roadway. There are no conditions associated with exempt work. So, Mike will add the following “conditions” to the plans: all EC to be installed and inspected prior to work start; Slurry pit must be done; no heavy equipment in the resource area; all debris to be removed or covered immediately, outside the resource area; 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 Diane Langevin, 587 Pine Rd., map 17D lots 16 & 70, regarding the removal of 8 trees, and grinding of 4 stumps, in the BZ of OR. Dave opened this hearing and invited applicants to address the Commission. Dave opened this hearing and invited applicants to address the Commission. Rm indicated that all trees are dead, so there are no questions stemming from site inspection. RM also indicated that the trees near the water would be flush cut, but the stumps outside the BZ will be ground out. Dave issued a motion for a -3 determination with the following conditions: Bio-oil only in chainsaw(s); stump cut flush with ground at water edge; debris to be removed or covered immediately; no heavy equipment in the resource area; 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 for a -3 determination with the above conditions.

 

  • Public Hearing – Amended NOI – Submitted by Juanita O’Rourke, 1 Round Isle., regarding revision of dock plans submit and approved under DEP File & OOC #254-0396, bank of OR.  Dave opened this hearing and invited the applicant to address the Commission. Juanita O’Rourke was in attendance, and submit to the commission the revised dock plans, that were worked up with MASS DEP. The overall SFT was reduced so there was no disagreement from the Commission, nor MA DCR. Dave Cameron with MA DEP helped them to revise the plans. BW asked to see the old approved plans and the new, and confirmed that the plans have reduced. They also added a swim raft, which was also approved by DEP. Dave made a motion to approve and submit the new dock plans to the OOC, via the meeting minutes; RM 2nd the motion and the commission voted unanimously to approve the revision to dock plans, through publication of the minutes.

 

 

 

 

 

  • Public Hearing – RDA – Submitted by Thomas Logsdon, Giles Rd., map 3D lot 616, regarding the installation of a new septic system, in the 100’ BZ of associated BVW. Dave opened this hearing and invited applicant to address the Commission. Thomas Logsdon was in attendance, and upon review has decided that they want to withdraw this RDA at this time. They are not ready to move forward just yet, and will re-file when they are ready to move forward. Dave made a motion to accept withdrawal of this RDA; RM 2nd the motion and the Commission voted unanimously to withdraw the RDA submitted.

 

 

OTHER BUSINESS:

Enforcement Orders/Letters:

Emergency Certifications:

Forest Cutting Plans:

Extensions of Orders of Condition:

Certificate of Compliance Requests:

Unanticipated Business:

 

  • Discussion for Property @ 1367 Reservoir Road Requested by Owner D & J Development LLC – Regarding OOC issued & extended under DEP File 254-0287 (orig. approval date 2009). Dave opened this hearing and invited anyone in attendance to address the Commission. Dave Donahue was in attendance to address the Commission with their intent to change the scope of work that was afore approved, and most recently extended, under an Order of Conditions issued under DEP File 254-0287. Upon review of the changes, it was decided by the Commission that the intended change of plans would require the filing of a new Notice of Intent (WPA Form 3 NOI), due to the scope of changes to the project, as well as possible topography changes to the area in general, since over 10 years has passed since the original approval. Dave understands and will contact the Commission is he has any further questions.

 

Next office hours:  Wednesday, May 2, 2018 from 6-9 p.m. at Otis Town Hall.

Next meeting:  Wednesday, May 16, 2018 at 6:00 p.m. at Otis Town Hall. Meeting adjourned at 6:59 PM.