Conservation Commission Meeting Minutes 04/21/2020

By Otis Town ClerkConservation Commission Minutes
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TOWN OF OTIS

CONSERVATION COMMISSION

04/21/2020 MEETING MINUTES

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

 

Conservation Commission Members present:  Dave Sarnacki, Jeff Laramy, Roger Meyer; Bruce Wall; Domenic Battista.

 

Conservation Commission Members absent:  None

 

Staff and others present:  Kristen Brown OCC Admin Secretary; Donnie Chaffee; Braxton Shafiroff; Bob Fornier(?) with SK Design; others in attendance unknown, as not announced.

 

Opening items/Introduction of Commission members and staff.  Dave opened the meeting at 6:00 p.m.  He noted that the meeting is being recorded. The deadline for applications for the May 19th 2020 meeting is on Wednesday May 6, 2020 @ 6:00 PM. The next office hours, for the May 19, 2020 meeting, is May 6, 2020 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 February 18, 2020; RM 2nd the motion and the Commission voted unanimously to approve the minutes from the February 18, 2020 meeting minutes.

 

  • Public Hearing – RDA – Submitted by Billallen Ent., on behalf of Sadie Mecca, 275 Maid Marian Lane, map 217 lot 254, regarding replacement of existing failed septic system, within the resource area of a brook. ***REMOVED AS IS IN BECKET – NOT OTIS ***

 

  • Public Hearing – RDA – Submitted by Don Chaffee w/Chaffee Construction, on behalf of Brian Cruey/Matt King, 74 Kibbe Road, map 17A lot 32, regarding associated work in the BZ of OR. Dave opened this hearing and invited applicant to address the Commission. Donnie Chaffee was in attendance via ZOOM. Dave asked if there were any questions stemming from the site inspection, and per DB, there were no questions. Dave made a motion for -3 determination with the following conditions: No heavy equipment in the resource area; debris removed immediately; OCC reserves the right to inspect property for 3 years from date of approval. BW 2nd the motion and the Commission voted unanimously to approve the -3 determination with the above conditions.

 

  • Public Hearing – RDA – Submitted by John Field Tree Service, on behalf of Dennis Freed, 91 Vine St., map 16C lot 31, regarding the removal of a storm damaged tree in the BZ of OR. Dave opened this hearing and invited any applicant to address the Commission. Dave asked if there were any questions stemming from the site inspection and KBB noted that the tree on this filing was in such bad repair, per the Tree Warden, permission was given to treat this as an Emergency Certification, which is on the subsequent April agenda; therefore, this RDA was dropped, as the tree removal was handled by EC issued by this Commission. Dave made a motion to drop this RDA; RM 2nd the motion and the Commission voted unanimously to drop this RDA.

 

 

  • Public Hearing – RDA – Submitted by Mark & Susan Tassinari, 18 Moody Goodman Rd., map 17B lot 6, regarding the request for chapter 91 licensing of existing dock. Dave opened this hearing and asked the Commission if there were any questions stemming from the site inspection, with none being stated, since this RDA was filed for the sole purpose of obtaining a Chapter 91 licenses for an existing dock, and no work is proposed on this RDA. Therefore, Dave made a motion for a -3 determination with the following conditions: OCC reserves the right to inspect property for 3 years from date of approval. DB 2nd the motion and the Commission voted unanimously to issue a -3 determination with the above conditions.

 

  • Public Hearing – RDA – Submitted by Thomas Logsdon, Giles Rd., map 3D lot 1, regarding the installation of a leach field within the 100’ BZ of associated BVW (wetlands). Dave opened this hearing and invited applicant to address the Commission. Thomas Logsdon was in attendance of this Zoom meeting, for this hearing. Dave asked if any questions stemming from the site inspection and per RM, there are no questions, straightforward for a leach field. Dave then made a motion for a -3 determination with the following conditions: No heavy equipment in the resource area; debris removed immediately; OCC reserves the right to inspect property for 3 years from date of approval. BW 2nd the motion and the Commission voted unanimously to approve the -3 determination with the above conditions.

 

  • Public Hearing – RDA – Submitted by Turnkey Homes LLC, on behalf of Michael & Lee Jae Heffernan, 353 Brookman Dr., map 18C lot 19, regarding the building of wooden stairs leading down to existing docks, within the BZ of OR. Dave opened this hearing and invited applicant to address the Commission. No one in attendance via Zoom. Dave asked the Commission if there were any questions stemming from the site inspection. Per RM, no questions, again plans are clear and precise. Dave then made a motion for a -3 determination with the following conditions: No heavy equipment in the resource area; debris removed immediately; OCC reserves the right to inspect property for 3 years from date of approval. JL 2nd the motion and the Commission voted unanimously to approve the -3 determination with the above conditions.

 

  • Public Hearing – RDA – Submitted by SK Design, on behalf of Matt & Laura Chaffee, 2068 Algerie Rd., map 8 lot 5, regarding the construction of a new sub-surface septic system within the BZ of Big Pond. Dave opened this hearing and invited applicant to address the Commission. Per Dave there is a question regarding erosion controls and Bob Fornier (sp?) with SK Design is in attendance on behalf of applicant. Per Bob, they did not show any EC as there is very dense grass between the work and the resource, with a very gentle slope, so that they felt there would be more disturbance to the area by installing erosion controls measures, but are willing to add them. Per DB, he looked at this site, and feels the work is enough distance away, that EC is not needed; BW added that if they cover any materials used with this project as exposed, on a daily basis, they do not need to use EC. Therefore, Dave made a motion for a -3 determination with the following conditions: No heavy equipment in the resource area; any debris or materials, to be covered immediately, and on a daily basis until clear; OCC reserves the right to inspect property for 3 years from date of approval. JL 2nd the motion and the Commission voted unanimously to approve the -3 determination with the above conditions.

 

 

  • Public Hearing – RDA – Submitted by Braxton Shafiroff, on behalf of Michael Gould, 335 Brookman Dr., map18C lot 23, regarding installation of modular block wall, 3 modular block steps and removal of 2 dead trees, all within the BZ of OR. Dave opened this hearing and invited applicant to address the Commission. Per BW, Bob with DCR had no issues with the tree removal, however, regarding the seawall, applicant should check with MA DEP Waterways, to make sure they have no issues, and that the seawall is in fact on the Chapter 91 license, before they start work. Per KB, they have a Chapter 91, what applicant needs to do is make sure that the seawall is on this Chapter 91, before work starts, so we can add this as a condition. Braxton stated that he would make sure that this is confirmed. After review, and permission from the chair, DB made a motion to approve and issue a -3 determination for this filing, with the standard conditions and an additional condition that they get the seawall added to the Chapter 91 license; RM 2nd the motion and the Commission voted unanimously to approve and issue a -3 determination with the following conditions: bio-oil only in the chainsaw(s); debris removed immediately from the resource area; no heavy equipment in the resource area(s); applicant must follow up with MA DEP Waterways department, to make sure the seawall is added to their existing Chapter 91 license; OCC reserved the right to inspect property for 3 years from date of approval.

 

  • Public Hearing – NOI – Submitted by Foresight Land Services on behalf James & Karen Warring & Cuviello, 72 Mallard Rd., map 11f lot 94, regarding replacement of single-family home & related site work, within the BZ of OR. Dave opened this hearing and invited applicant to address the Commission. KB noted that Jackson Alberti with Foresight is in attendance of this hearing, as is Donnie Chaffee, who is the contractor of note for this project, and is available to answer any questions the Commission may have on this hearing as well. Dave asked about the Erosion Controls, and per Jackson, they will use silt fence that will be embedded in the ground, as well as straw bales/wattles, and will be installed prior to any work start, and per the site plan, the dark dashed line around the perimeter indicates erosion measures, and they feel that they have covered EC. DB asked if EC is planned on both sides; per the plans, yes. Donnie also confirmed that the EC goes all the way up both sides of the project. Dave asked if any tree removal? Per Jackson, no trees to be removed, as new house is going directly into existing footprint, so no trees will be removed for this project. They may have to remove a few boards from the deck, to be able to wrap the EC right up to the house. Dave asked if any other questions, and with none being stated, he made a motion for a -3 determination with the following conditions: EC to be installed and inspected prior to work start; no tree removal; no heavy equipment in the resource area; all debris removed or covered daily; 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 issue a -3 determination with the above conditions.

 

  • Public Hearing – NOI – Submitted by Sandra F. Gogal, 210 Kibbe Rd., map 17C lot 56, regarding the repairs to the piers and boards of existing dock, within bank area of OR. Dave opened this hearing and invited applicant to address the Commission. Per KB, applicant reached out by email, with a request to withdraw this NOI. Dave did not motion and the NOI was dropped.

 

 

 

 

  • Public Hearing – RDA – Submitted by Berkshire Geo-Technologies, on behalf of Frederick Altice and Marwan Haddad, 97 D’Wolfe Dr., map 7 lot 1, regarding the addition on a 16’ x 25’ deck with stairs & Goshen stone patio beneath, all within the BZ of Watson Pond. Dave opened this hearing and invited applicant to address the Commission. Per Jeff, the deck is small, and the applicant put in a generous planting plan (over and above) and should be commended for taking the path of additional plantings well beyond the requirement of the MA WPA. In Jeff’s observation, there is no issues with this project from his inspection, and is “good to go”. Per Chris Tryon with BGT, who represents applicant, stated that applicant wanted the deck to be 18” x 25” instead of 16” x25’. Per KB, we can make the amendment on the paperwork since is not approved yet, if the Commission is OK with the small revision. Dave amended the paperwork to 18’ x 25’ for the deck, since the Commission agreed that this small revision is OK, in fact, they thought that it was rather small as compared to the house. Dave made a motion for a -3 determination with the following conditions: debris to be removed immediately from the area; plantings followed as proposed; no heavy equipment in the resource area; OCC reserves the right to inspect property for 3 years from date of approval. JL 2nd the motion and the Commission voted unanimously to issue a -3 determination with the above conditions.

 

 

 

 

OTHER BUSINESS

 

Enforcement Orders/Letters:

 

 

  • Public Hearing, Enforcement Order – Brookman Drive, Map 18C lot 57, regarding unapproved work observed in the BZ of Otis Reservoir. Dave opened this hearing and invited applicant to address the Commission. No one in attendance, so Dave made a motion for KB to send a certified letter to owner, to remind that we require the appearance before this Commission at our May 19, 2020 Concom meeting. RM 2nd the motion and the Commission voted unanimously to have KB send a certified letter to owner, requiring appearance at our May 19, 2020 Concom meeting.

 

 

Emergency Certifications:

 

  • Public Hearing – EC Tree Removal – 31 Bay Point Road, regarding the removal of a dead tree within the BZ of Otis Reservoir. Stump to be cut flush with the ground and all debris to be removed (or covered) immediately from resource area(s). No other work allowed under this order. Dave opened this hearing and invited applicant to address the Commission. No one in attendance as work was already done per permission of the EC. Dave made a motion to ratify this EC; JL 2nd the motion and the Commission voted unanimously to ratify this Emergency Certification.

 

 

 

  • Public Hearing – EC Tree Removal – 36 Drive F, regarding the removal of 2 dead/dying trees within the BZ of Otis Reservoir. Stumps to be cut flush with the ground and all debris to be removed (or covered) immediately from resource area(s). No other work allowed under this order. Dave opened this hearing and invited applicant to address the Commission. No one in attendance as work was already done per permission of the EC. Dave made a motion to ratify this EC; JL 2nd the motion and the Commission voted unanimously to ratify this Emergency Certification.

 

 

  • Public Hearing – EC Tree Removal – 91 Vine Street, regarding the removal of a dead tree within the BZ of Otis Reservoir. Stump to be cut flush with the ground and all debris to be removed (or covered) immediately from resource area(s). No other work allowed under this order. Dave opened this hearing and invited applicant to address the Commission. No one in attendance as work was already done per permission of the EC. Dave made a motion to ratify this EC; JL 2nd the motion and the Commission voted unanimously to ratify this Emergency Certification.

 

Forest Cutting Plan

 

Extensions of Orders of Condition:

 

  • Request for Ext. of OOC – Submitted by MA DCR (Jim Straub), Otis Reservoir, map 17C lot 78, regarding work approved under DEP file 254-0399. Dave opened this hearing and made a motion to extend this OOC for 3 years, per applicant request. DB 2nd the motion and the Commission voted unanimously to extend this OOC an additional 3 years.

 

 

Certificate of Compliance Requests:

 

  • Public Hearing – Request for COC – Submitted by Peter and Brenda Allan, 10 S. Lake Ave., map 18 lot 45, regarding completion of work under DEP File 254-0427, which was removal of a large concrete slab. Dave opened this hearing and asked the Commission if there were any concerns noted from the site inspection. Per RM, all looks good and project is complete. Therefore, Dave made a motion to issue a Certificate of Compliance for this OOC/Project; RM 2nd the motion and the Commission voted unanimously to issue a COC for this project/OOC.

 

Unanticipated Business:

 

 

Next office hours:  Wednesday, May 6, 2020 from 6-9 p.m. at Otis Town Hall.

Next meeting:  Tuesday, May 19, 2020 at 6:00 p.m. at Otis Town Hall.

 

Dave made a motion to adjourn the meeting at 7:12 PM. RM 2nd the motion and the Commission voted unanimously to adjourn the meeting.