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TOWN OF OTIS
CONSERVATION COMMISSION
04/17/2019 MEETING MINUTES
Location: Otis Town Hall, One North Main Road, Otis
Conservation Commission Members present: Dave Sarnacki; Roger Meyer; Jeff Laramy, Bruce Wall
Conservation Commission Members absent: Rene Dube, Domenic Battista
Staff and others present: Kristen Brown OCC Admin Secretary; Bob Mason with MA DCR; Victoria Smith; Ryan Nelson with R. Levesque; Janet & Doug Baker, with Outdoor Services; Allen Argiro; Stephen Nelson with Clearwater Recovery; Sarah Gapinski with SK Design Group; Kathy Couch.
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 22, 2019 meeting is on Wednesday May 1, 2019 @ 6:00 PM. The next office hours, for the May 22, 2019 meeting, is May 1st, 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 March 19, 2019 meeting; BW 2nd the motion and the Commission voted unanimously to approve the minutes from the March 19, 2019 meeting.
- Public Hearing – RDA – Submitted by Victoria Smith, 75 N. Lake Ave., map 18A lot 33, regarding the construction of a new garage with small living area, repair of retaining wall & replacement of existing dock, with an increase to size, all in the BZ of OR. Dave opened this hearing and invited applicant to address the Commission. Victoria Smith was in attendance as property owner. Dave asked if there was a Chapter 91 license for this lot, to which she responded that they do not. Victoria stated that they have sent their application, and the check has cleared but she has heard nothing back from DEP, so she is not sure of the status; per KB, she will send Victoria Dave Cameron’s email address, who works in the chapter 91 licensing department, for follow up. Since the check only recently cleared, DEP is probably processing her application as we speak. RM also asked if the seawall is going to have a concrete base, or just build up loose rocks. She stated that they would NOT be digging in the resource, but other than that, not sure. Per Dave, she should request a continuance to work out the Chapter 91 question, as well as to confirm how the wall is going to be built. Victoria was in agreement with that, so she asked for a continuance until the May 22, 2019 meeting. Dave made a motion to continue this hearing until the May 22, 2019 meeting; RM 2nd the motion and the Commission voted unanimously to continue this hearing until the May 22, 2019 meeting.
- Public Hearing – NOI – Submitted by RLA, on behalf of Saloomey Family Trust, 31 South Bay Road, map 17D lot 24, regarding construction of a pavilion within footprint of demolished SFH; improvements include parking areas, grading & septic system, in the BZ of OR. Dave opened this hearing and invited applicants to address the Commission. Ryan Nelson with R. Levesque was in attendance on behalf of the property owner. Dave asked if there is an existing Chapter 91 license for this property, and they are working on getting this piece done as well. Dave asked if any questions and per RM, now that they clarified location of project, all set, and no further questions. The revised plan was added to the file. Dave made a motion to issue an OOC, with the condition that they follow through with the chapter 91 license, as well as standard and special conditions as applicable; BW 2nd the motion and the Commission voted unanimously to approve and issue the OOC, with above conditions.
- Public Hearing – RDA – Submitted by Outdoor Services, on behalf of Wayde McMillan, 633 Pine Road, map 17D lot 20, regarding the landscaping under deck, cooking/fireplace sitting area, removal & replacement of existing failing seawall, planting of shrubs & installation of underground propane tank, all within the BZ of OR. Dave opened this hearing and invited applicant to address the Commission. Janet and Doug Baker were in attendance on behalf of the owner. For clarification, the wall in question is not a seawall, but a retaining wall, for the record. Dave asked Bob if any questions, and yes, Bob asked if there is a chapter 91 license. Per Janet, yes there is. Dave asked if any other questions for this RDA, and none being said, Dave made a motion for a -3 determination with the following conditions: all debris removed immediately, no heavy equipment in the resource area; EC will be installed prior to work start. RM 2nd the motion and the Commission voted unanimously to issue a -3 determination with the above conditions.
- Public Hearing – NOI – Submitted by Outdoor Services, on behalf of Wayde McMillan, 633 Pine Road, map 17D lot 20, regarding boathouse bump-out, to accommodate a boat inside, with one in the lift. Dave opened this hearing and invited applicant to address the Commission. Janet and Doug Baker were in attendance on behalf of owners. Per Dave, since we already discussed the comments from DEP for this site, and all has been resolved, in addition to the Chapter 91 license, Dave asked if any other questions on the boat-house bump-out, none from the Commission, but Bob asked what they want to do to the boathouse, in terms of how they want to open it up, and it is only about 20”, near the stairs, that is going to open up to accommodate the boat, and lift. Bob is OK with that, and because it is a small change, they are OK with the current Chapter 91. Dave made a motion to approve and issue an OOC, with the 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 the above conditions.
- Public Hearing – RDA – Submitted by Allen Argiro, Drive B ROW, regarding the widening of existing dock (#3), by 4’, along 12’ of dock, in the BZ of OR. Dave opened this hearing and invited applicants to address the Commission. Allen Argiro was in attendance for this hearing, and addressed the Commission. Dave asked what the questions were, and the first is about the lateral access; however, they have an amnesty license, and if they want to make any changes at this point, then they will have to reapply for the license, and be subject to all the new rules. BW asked Allen if he wanted to drop the RDA, or continue with the RDA, and be subject to the new rules. Per Allen, he wants to go ahead and let this die. Per Dave, he made a motion to let this RDA die, per request of applicant. BW 2nd the motion and the Commission voted unanimously to let this RDA die out.
- Public Hearing – RDA – Submitted by Joe & Lynn Vedovato, 88 East Shore Road, map 12B lot 30, regarding the removal of 3 trees, within the BZ of Big Pond. Dave opened this hearing and invited applicant to address Commission. No one was in attendance, as per site inspection, there were no issues with the removal of the 3 trees in question. Therefore, Dave made a motion for a -3 determination with the following conditions: stumps to be cut flush with the ground; debris to be removed 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. BW 2nd the motion and the Commission voted unanimously to issue a -3 determination with the above conditions.
- Public Hearing – RDA – Submitted by SK Design Group on behalf of Janice Crane, 441 Pine Road, map 17B lot 50, regarding the permitting of existing retaining wall and dock, in the BZ of OR, and for Chapter 91 License. Dave opened this hearing and invited applicant to address the Commission. Sarah Gapinski with SK Design was in attendance on behalf of applicant. Dave asked if there were any questions, but because this RDA was for chapter 91 license, and no work is proposed, there is no issues. Dave made a motion for a -3 determination with the following conditions: OCC reserves the right to inspect the property for a period of 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 – Continuance – 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 applicant to address the Commission. Stephen Nelson was in attendance of this meeting, on behalf of applicant, and he has submit the information required from the last meeting, which was verification of property and HWM boundaries. Per the documentation submit by Stephen, the Commission was able to verify these boundaries, and now have no issues with the project as outlined, and revised. Therefore, Dave made a motion for a -3 determination with the following conditions: EC to be installed prior to work start, all debris removed immediately, no heavy equipment in 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 – NOI – Continuance – 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 applicant to address the Commission. No one was in attendance, as KB received an email asking for a continuance until the May 22, 2019 meeting. Dave made a motion to continue this hearing until the May 22, 2019 meeting. RM 2nd the motion and the Commission voted unanimously to continue this hearing until the May 22, 2019 meeting.
- 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 invited applicants to address the Commission. Per email from SK Design, applicant has requested a continuance until the May 22, 2019 meeting. Therefore, Dave made a motion to continue this hearing until the May 22, 2019 meeting; RM 2nd the motion and the Commission voted unanimously to continue this hearing until the May 22, 2019 meeting. Kathy Couch commented that as an abutter, she will be addressing some concerns that they have, but she will wait for the project to continue with the applicants in attendance, to address their concerns.
OTHER BUSINESS:
Enforcement Orders/Letters:
Emergency Certifications:
Forest Cutting Plan
Extensions of Orders of Condition:
Certificate of Compliance Requests:
- Public Hearing – Certificate of Compliance Request – Submitted by SK Design Group, on behalf of D & J Development, Inc., to close out OOC 254-0287; since a new filing (NOI) has been submitted by SK Design, for this project. Therefore, this COC is for a partial COC, as only the shore and docks were completed under this open Order of Conditions. Dave opened this hearing and invited applicant to address the Commission. Sarah Gapinski was in attendance on behalf of applicant. Per Sarah, this COC needs to be issued as a partial COC, since only the docks were completed under this Order of Conditions. Dave asked if any questions, and per RM, no issues. Therefore, Dave made a motion to issue the partial COC as requested; RM 2nd the motion and the Commission voted unanimously to issue the partial COC.
Unanticipated Business:
Next office hours: Wednesday, May 1, 2019 from 6-9 p.m. at Otis Town Hall.
Next meeting: Wednesday, May 22, 2019 at 6:00 p.m. at Otis Town Hall * Due to a conflict with our Regularly Held Tuesday Night Meeting * Meeting adjourned at 8:14 PM.