Conservation Commission Meeting Minutes 05/18/2022

By Otis Town ClerkConservation Commission Minutes
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TOWN OF OTIS

CONSERVATION COMMISSION

5/18/2022 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, Jennifer Rivers Cole (new alternate Commissioner).

 

Conservation Commission Members absent:  Jeff Laramy; Domenic Battista.

 

Staff and others present:  Kristen Brown OCC Admin Secretary; Matt Puntin/SK Design; Don Chaffee w/Chaffee Construction.; Thomas Pease; Kimberley Wetherell w/KJW Env. Svcs.; Ryan Nelson w/R. Levesque; Steven Salvini w/Salvini & Assocs.; Andre-Anne Chenaille w/Vertex Towers; 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 6/21/2022 meeting is on Wednesday June 1, 2022 @ 6:00 PM. The next office hours, for the June 21, 2022 meeting, is also Wednesday June 1, 2022 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 March 15, 2022 meeting; RM 2nd the motion and the Commission voted unanimously to approve the minutes from the March 15, 2022 meeting.

 

  • Public Hearing – RDA – Submitted by Vincent and Amy Caruso, 117 Vine St., map 16C lot 30, regarding landscaping, step & fence installation and assorted plantings within the BZ of Otis Reservoir. Dave opened this hearing and asked if any issues stemming from the site inspection; per RM, no issues. Dave then made a motion for a -3 determination with standard conditions; BW 2nd the motion and the Commission voted unanimously to issue a -3 determination with standard conditions.

 

  • Public Hearing – RDA – Submitted by SK Design Group, on behalf of Robyn Walsh, 71 Flint Farm Lane, map 15C lot 53, regarding the installation of a new septic system, with a portion of the work occurring within the BZ of Otis Reservoir. Dave opened this hearing and asked if any issues stemming from the site inspection; no questions on the folder – all set. Dave then 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 – NOI – Submitted by SK Design Group, on behalf of Ted Stein, 907 Algerie Rd., map 12 lot 26, regarding the demo of existing home & construction of new SF house with deck & porch, replacement of septic tank & pump chamber & related site work, within the BZ of Big Pond. Dave opened this hearing and asked if any issues stemming from the site inspection; per RM, no issues. Dave then made a motion to issue an OOC with standard and special conditions to include inspection of EC prior to work start. RM 2nd the motion and the Commission voted unanimously to issue an OOC with standard and special conditions to include inspection of EC prior to work start.

 

  • Public Hearing – RDA – Submitted by John W. Field Tree Svc. Inc., on behalf of Jim Affenito, 155 Ray Hubbard Rd., map 15A lot 77, regarding the removal of 6 trees cut flush w/ground, within the BZ of Benton Pond. Dave opened this hearing and asked if any issues stemming from the site inspection; per RM, no issues and John Fields recommends the removal. Dave then made a motion to issue a -3 determination with standard conditions; RM 2nd the motion and the Commission voted unanimously to issue a -3-determination w/standard conditions.

 

  • Public Hearing – RDA – Submitted by Chaffee Const., Inc., on behalf of Paul Kimmel & Prudence Kline, 40 Loop Dr., map 52A lot 52, regarding the demo of existing home & construction of new home in existing footprint, within the BZ of Benton Pond. Dave opened this hearing and asked if any issues stemming from the site inspection; per RM, no issues, need to have EC inspected prior to work start. Dave then made a motion for a -3-determination w/standard conditions to include EC to be installed & inspected prior to work start; BW 2nd the motion and the Commission voted unanimously for a -3-determination w/standard conditions to include EC to be installed & inspected prior to word start.

 

  • Public Hearing – NOI – Continued from 3/15/22 Meeting – Submitted by Adnan Dahdul, 77 N. Gate Island Road, map 17C lot 32, regarding the repair/replace of stone in existing seawall, within the BZ of Otis Reservoir. Dave opened this hearing and asked if any issues stemming from the site inspection; per KB this item is all set; applicant does have an existing Ch. 91 license, and should work with DEP to make sure changes are recorded on the existing license. Dave then made a motion to issue an OOC w/standard & special conditions, to include applicant must work with MA DEP to make sure changes are approved and recorded to the existing Ch. 91 license. RM 2nd the motion and the Commission voted unanimously to issue an OOC w/standard & special conditions, to include applicant must work with MA DEP to make sure changes are approved and recorded to the existing Ch. 91 license.

 

  • Public Hearing – RDA – Continued from 3/15/22 Meeting – Submitted by David Shustock, 0 Reservoir Road, map 17 lot 17, regarding the maintenance of a logging road, that was accumulating flood waters, within the BZ of associated BVW. Dave opened this hearing and asked if any issues stemming from the site inspection; per KB, still no inspection so continuance needed until weather abates and the Commission can access the area/property. Therefore, Dave made a motion to continue this hearing to the 6/21/22 meeting; BW 2nd the motion and the Commission voted unanimously to continue this hearing to the 6/21/22 meeting.

 

 

 

  • Public Hearing – RDA – Submitted by Thomas Pease, 735 Tolland Rd., map 17E lot 11, regarding the demo & construction of new foundation & dwelling within the BZ of OR. Dave opened this hearing and asked if any issues stemming from the site inspection; per BW the only thing that needs to be noted is that the new foundation & dwelling need to be completely off of state (DCR) land, and that EC needs to be installed & inspected prior to work start. Dave then made a motion for a -3-determination w/standard conditions to include new dwelling must be entirely off of state land & EC to be installed and inspected prior to work start. BW 2nd the motion and the Commission voted unanimously to issue a -3-determination w/standard conditions to include new dwelling must be entirely off of state land & EC to be installed and inspected prior to work start.

 

  • Public Hearing – RDA – Submitted by KJW Env. Svcs., on behalf of Kevin & Lori Randall, 56 S. Gate Island Rd., map 17C lot 13, regarding the repair, replacement & assoc. site-work for new slab & foundation, and subsurface septic (septic is outside 100’ buffer), within the BZ of OR. Dave opened this hearing and asked if any issues stemming from the site inspection; there is an issue that the new dwelling must be completely off of state land, and the print/plans has the new dwelling encroaching onto state land. Bruce also noted that he would like the appropriate setbacks identified on the plans, such as the HWM, 50’ & 100’ buffer-zones. Applicant will address and submit new plans. Dave then made a motion to continue this hearing pending receipt of the new site plans; RM 2nd the motion and the Commission voted unanimously to continue this hearing to the 6/21/22 meeting.

 

  • Public Hearing – RDA – Submitted by Michael J & Yvette S Morneau, 557/559 Pine Road, map 17D lot 8, regarding the replacement of existing old wooden docks with aluminum/composite docks that will rest on the lake bottom. Dave opened this hearing and asked if any issues stemming from the site inspection; per BW, the only item is that applicant will need to work with MA DEP to make sure the changes are approved by DEP and documented on the existing Chapter 91 license. Therefore, Dave made a motion to issue a -3-determination w/standard conditions, to include applicant must work with MA DEP to make sure changes are approved and recorded to the existing Ch. 91 license. RM 2nd the motion and the Commission voted unanimously to issue a -3-determination w/standard conditions, to include applicant must work with MA DEP to make sure changes are approved and recorded to the existing Ch. 91 license.

 

 

  • Public Hearing – NOI – Submitted by R. Levesque & Assocs., Inc., on behalf of David Foster, 0 Pine Rd., 23 Flint Farm Rd., 29 Flint Farm Rd., map 15C, lots 35, 47 & 48, regarding the repl. & reconstruct of exiting seawall, permanent dock & proposed shared septic system within the BZ & Bank of OR, and BVW. Dave opened this hearing and asked if any issues stemming from the site inspection; a continuance is needed to address MA DEP comments. Dave then made a motion to continue this hearing to the 6/21/22 meeting to allow for MA DEP comments to be addressed by applicant and Commission; RM 2nd the motion and the Commission voted unanimously to continue this hearing to the 6/21/22 meeting to allow for MA DEP comments to be addressed by applicant and Commission.

 

 

 

  • Public Hearing – RDA – Submitted by Pete Rybacki, 1239 Reservoir Rd., map 15C lot 58, regarding the installation of a free-standing boat-lift & canopy adjacent to existing licensed dock, within the BZ of OR. Dave opened this hearing and asked if any issues stemming from the site inspection; only issue is that applicant must also work with MA DEP for approval of additions, and added to the existing Chapter 91 license. Therefore, Dave made a motion for a -3-determination w/standard conditions to include applicant must also work with MA DEP for approval of additions, and added to the existing Chapter 91 license. RM 2nd the motion and the Commission voted unanimously to issue a -3-determination a -3-determination w/standard conditions to include applicant must also work with MA DEP for approval of additions, and added to the existing Chapter 91 license.

 

  • Public Hearing – RDA – Sub mitted by Chaffee Construction on behalf of Patricia Rizzo, 34 East Shore Rd., map 12B lot 26, regarding the removal and replacement of existing tight-tank within the BZ of Big Pond. Dave opened this hearing and asked if any issues stemming from the site inspection; no issues being stated, Dave made a motion for a -3-determination w/standard conditions to include EC must be installed & inspected prior to work start; RM 2nd the motion and the Commission voted unanimously for a -3-determination w/standard conditions to include EC to be installed & inspected prior to work start.

 

  • Public Hearing – Guntlaw Assoc., Inc. on behalf of Vertex Towers, LLC, 0 East Otis Rd., map 11 lot 90, regarding the installation & maintenance of a cell tower within the 100’ BZ of BVW & within 200’ of an intermittent stream. Dave opened this hearing and asked if any issues stemming from the site inspection; no issues being stated, Dave made a motion for a -3-determination w/standard conditions to include EC must be installed & inspected prior to work start; RM 2nd the motion and the Commission voted unanimously for a -3-determination w/standard conditions to include EC to be installed & inspected prior to work start.

 

  • Public Hearing – NOI – Submitted by Salvini Assocs. LLC, on behalf of John & Carol Walz, 22 Lion Hill Road, map 11E lot 22, regarding the installation of a walkway with a boardwalk over wetland sections, to access lake-front property. Dave opened this hearing and asked if any issues stemming from the site inspection; per BW there are several questions from MA DEP, and several stemming from the site inspection, as well as questions from abutters concerned with disturbance this project will cause in an area prone to flooding already. OCC just received the DEP questions and have not had a chance to review them properly, so Dave made a motion to continue this hearing to the 6/21/22 meeting, and asked KB to outline the questions for applicant so that OCC and DEP can get their concerns addressed. BW 2nd the motion and the Commission voted unanimously to continue this hearing to the 6/21/22 meeting, and asked KB to outline the questions for applicant so that OCC and DEP can get their concerns addressed.

 

  • Public Hearing – RDA – Submitted by Karl Laird & Richard Kalb, 1765 N. Main Rd., map 2/55 lot 8, regarding the installation of a seasonally removed dock within the BZ of Hayden Pond. Dave opened this hearing and asked if any issues stemming from the site inspection; per BW, no issues with this at all, standard conditions. Dave made a motion for a -3-determination w/standard conditions; BW 2nd the motion and the Commission voted unanimously for a-3-determination w/standard conditions.

 

 

  • Public Hearing – NOI – Submitted by Robert Whitaker with White Lily Pond Assoc., White Lily Pond, regarding the eco-harvesting of invasive Bladderwort from the Pond by NE Aquatic Svcs, to retard Eutrophication. Dave opened this hearing and asked if any issues stemming from the site inspection; per BW, the Commission sees no issue with this project, and conditions should apply similar to other invasive species control projects that have been issued. Dave made a motion to issue an OOC, w/standard and special conditions similar to other invasive species control projects that have been approved. RM 2nd the motion and the Commission voted unanimously to issue an OOC w/standard and special conditions similar to other invasive species control projects that have been approved.

 

 

OTHER BUSINESS

 

Enforcement Orders/Letters:

 

 

  • Enforcement Order – on agenda for Follow-up – David Roffo, 134 Kibbe Road, map 17C lot 45, regarding unauthorized paving within the BZ of Otis Reservoir. Dave opened this hearing and reminded all that this was still on agenda for follow-up – no action needed at this time. Work is currently being done under a shared RDA approval to remove the paved ramp so this can come off the agenda here forward.

 

 

Emergency Certifications:

 

    • 49 Kibbe Point Road – Regarding the removal of 2 diseased and 1 dead tree, in BZ of Otis Reservoir, approx. 80′ feet from bank; currently a hazard to people and property, per the advice of Arborist, Burdick Tree and Property Services, within the BZ of OR. Dave opened this hearing and made a motion to ratify this EC; RM 2nd the motion and the Commission voted unanimously to ratify this EC.

 

    • 109 D’Wolfe Drive – Regarding the removal of a tree that is de-rooting and leaning dangerously towards the dwelling, within the BZ of Big Pond. Dave opened this hearing and made a motion to ratify this EC; BW 2nd the motion and the Commission voted unanimously to ratify this EC.

 

 

Forest Cutting Plan

Extensions of Orders of Condition:

Certificate of Compliance Requests:

Unanticipated Business:

 

  • 1401 Reservoir Road – Regarding the addition of 2 trees to the approved Order of Conditions issued, via the published minutes. Dave opened this item and explained that this is only being stated for the record, and as a means to amend the referenced OOC via published minutes. Dave made a motion to approve amending the OOC to add the removal of the two subject trees; BW 2nd the motion and the Commission unanimously approved the amendment to the OOC.

 

 

Next office hours:  Wednesday, June 1, 2022 from 6-9 p.m. at Otis Town Hall.

Next meeting:  Tuesday, June 21, 2022 at 6:00 p.m. at Otis Town Hall, or Remote via Zoom.

 

Dave made a motion to adjourn the meeting at 7:27 PM. RM 2nd the motion and the Commission voted unanimously to adjourn the meeting.