TOWN OF OTIS
CONSERVATION COMMISSION
06/15/2021 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, Domenic Battista; Jeff Laramy; Jennifer Cole (new alternate Commissioner).
Conservation Commission Members absent: None
Staff and others present: Kristen Brown OCC Admin Secretary; Daniel Giusti; Don Chaffee w/Chaffee Construction; James McIntire; Pete Zarichak; James Watkins; R. Levesque; Jeff Hiller; Donnie Chaffee w/Chaffe Construction; Emily Stockman w/Stockman & Associates; Foresight Land Services; 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 July 20, 2021 meeting is on Wednesday July 7, 2021 @ 6:00 PM. The next office hours, for the July 20, 2021 meeting, is also Wednesday July7, 2021 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 May 19, 2021 meeting; RM 2nd the motion and the Commission voted unanimously to approve the minutes from the May 19, 2021 meeting.
- Public Hearing – RDA – Submitted by Chaffee Construction on behalf of James & Cheryl McIntire, 512 North Main Rd., map 6 lot 127, regarding clean-up of riverfront area, removal of foundations for old shed, back porch & decks & rebuild of same in existing footprints, all within the 200’ resource area of the Farmington River. Dave opened this hearing and noted that based upon the site inspection done, there are violations on-sight, where tree and brush were essentially clear cut in the area behind the house. Therefore, an Enforcement Order was issued as a result of the observed cutting. As for this hearing, the Commission was in agreement that applicant could ONLY do the requested work on level 1 – closest to the house, removal of foundation, shed and deck, but that the work requested down lower towards the river is NOT approved, and will be addressed under the Enforcement Order issued for this property. For the record, the current owners are not the ones who engaged in the unauthorized work – the previous owners did the work – unfortunately, the new owners are responsible to answer to the Commission in terms of the MA WPA regulations. With all that being said, Dave made a motion for a -3 determination, for the level 1 work closest to the house (removal of the foundation, shed and deck), with the following conditions: only work approved is the removal of foundation, shed and deck, closes to the house; EC to be installed & inspected prior to work start; no heavy equipment in any resource area; debris to be removed from the area immediately; OCC reserves the right to inspect for 3 years; BW 2nd the motion and the Commission voted unanimously in approval.
- Public Hearing – RDA – Submitted by Pete Zarichak on behalf of David Foster, 23 Flint Farm Road, map 15C lot 47, regarding the repair & replacement of 35’ concrete foundation and footing, within the BZ of Otis Reservoir. Dave opened this hearing and asked if any issues with the project, with none being stated, Dave made a motion for a -3 determination with the following conditions: any required EC to be installed & inspected prior to work start; no heavy equipment directly within any resource areas; debris to be removed from the area immediately or covered; OCC reserves the right to inspect for 3 years; RM 2nd the motion and the Commission voted unanimously in approval.
- Public Hearing – RDA – Submitted by James & Kathryn Watkins, 10 S. Lake Ave., map 18 lot 45, regarding the addition of a low PT wood deck adjacent to existing home, to hold a removable sauna, within the BZ of Otis Reservoir. Dave opened this hearing and asked if any issues stemming from the site inspection. Per RM – no erosion controls needed – will cause more disturbance than that of the project. With that being said, Dave made a motion to issue a -3 determination with the following conditions: No EC needed; one tree stump to be ground; no heavy equipment directly within any resource areas; debris to be removed immediately; 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 – NOI – Submitted by White Engineering, Inc., on behalf of Daniel Zenkel w/Larkum Lake Real Estate Co., LLC, 620 Reservoir Road, map 15 lot 60, regarding the construction of a new cabin on helical piers for adult staff, within the BZ of Larkum Pond. Dave opened this hearing and noted that no file number has been issued for this project yet, due to open questions from MA DEP. Applicant will request a continuance to allow for them to answer questions from MA DEP, and for a file number to be issued. Dave made a motion to continue this hearing until the 7/20/21 meeting; JL 2nd the motion and the Commission voted unanimously to continue this hearing until the 7/20/21 meeting.
- Public Hearing – NOI – Submitted by R. Levesque Assocs., Inc., on behalf of Jeffrey Hiller w/Hiller Nominee Trust, 986 Reservoir Rd., map 15C lot 39-40-46, regarding the demolition of a portion of existing home & construction of a new addition, replacement of existing dock & repair of waterfront stone retaining walls and stairs, all within the BZ of Otis Reservoir. Dave opened this hearing and noted that there were several questions stemming from MA DEP, that need to be addressed before the Commission can move forward. Therefore, Dave made a motion to continue this hearing until the 7/20/21 meeting, to allow for applicant to address unanswered questions from MA DEP. RM 2nd the motion and the Commission voted unanimously to continue this hearing until the 8/20/21 meeting.
- Public Hearing – RDA – Continued from May Meeting – Submitted by Chaffee Construction on behalf of Matt & Annett Lilly, 21 Chestnut Lane, map 16C lot 2, regarding repairs to existing dock including replacement of all decking, within the BZ of OR. **Needed more info from applicant on specific work ** Additional info was submit as requested on the actual scope of work, and work narrative. Therefore, with no questions from the site inspection, Dave made a motion for a -3 determination with the following conditions: Any EC to be installed & inspected prior to work start; all debris to be removed immediately; no heavy equipment within any resource areas; 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 – Continued from May 20 Meeting – Submitted by Doot Construction on behalf of Robert Sadock, 20 Phelps Drive, map 7A lot 8, regarding the 12’ x 26’ addition to existing house on a non-conforming lot, within the BZ of Watson Pond. Concom was OK with work, but the Town denied the work. Dave opened this hearing and asked for an update from KB – applicant does not have new plans yet, and is not certain of timing. Therefore, Dave made a motion to let this RDA die without action, and fall off the agenda, as OCC cannot have opened items on the agenda indefinitely. Applicant will have to refile when ready with new pans. RM 2nd the motion and the Commission voted unanimously to let this RDA die without action and fall off the agenda.
- Public Hearing – NOI – Continued from May 20 Meeting – Submitted by Daniel Giusti, 1555 West Center Road, map 6 lot 172, regarding the installation of a WLC device, to mitigate beaver dam flooding, in the resource area of Benton Brook. Dave opened this hearing and invited respective attendees to address the Commission. In review of the recommended restoration plan submit to the Commission, and agreed with by the Commission’s 3rd party peer reviewer, based upon comments and findings, Dave made a motion to approve and issue the OOC for the WLCD, as well as the restoration plan for the subsequent Enforcement Order issued for this property. RM 2nd the motion and the Commission voted unanimously to approve and issue and OOC for the WLCD and the restoration plan for the Enforcement Order.
OTHER BUSINESS
Enforcement Orders/Letters:
Emergency Certifications:
Forest Cutting Plan
Extensions of Orders of Condition:
-
- Extension of OOC – Otis Wood Lands, Lakeshore Drive, map 384 lot 34, regarding the extension of OOC issued under DEP File 254-0410, on 7/17/2018. Dave opened this hearing and asked the Commission if any issues with this extension request – no being stated, Dave made a motion to approve the extension request. BW 2nd the motion and the Commission voted unanimously to approve this extension request.
Certificate of Compliance Requests:
Unanticipated Business:
Next office hours: Wednesday, July 7, 2021 from 6-9 p.m. at Otis Town Hall.
Next meeting: Tuesday, July 20, 2021 at 6:00 p.m. at Otis Town Hall, or Remote via Zoom.
Dave made a motion to adjourn the meeting at 7:26 PM. BW 2nd the motion and the Commission voted unanimously to adjourn the meeting.