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TOWN OF OTIS
CONSERVATION COMMISSION
06/18/2019 MEETING MINUTES
Location: Otis Town Hall, One North Main Road, Otis
Conservation Commission Members present: Dave Sarnacki; Roger Meyer; Bruce Wall; Jeff Laramy; Domenic Battista.
Conservation Commission Members absent:
Staff and others present: Kristen Brown OCC Admin Secretary; Bob Mason with MA DCR; Kathy Couch; Dave Wheeler; Bill Allen with All-Star Excavating; Chris Tryon with BGT; Patricia Richard with Otis Rec.; Chuck Nelson (and Bonnie) with CW Nelson Landscaping; Melissa Kaplan with BSC Group; Simone Natalie with Berkshire Engineering, Inc.
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 July 16, 2019 meeting is on Wednesday July 3, 2019 @ 6:00 PM. The next office hours, for the July 16, 2019 meeting, is July 3rd, 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 May 22, 2019 meeting with a revision; BW 2nd the motion and the Commission voted unanimously to approve the minutes from the May 22, 2019, with said revision.
- Public Hearing – RDA – Submitted by Wheeler Building, on behalf of Bradley Barber, 43 Langdon Lane, map 17B lot 79, regarding the building of a new house on the lot. Dave opened this hearing and invited applicant to address the Commission. Dave Wheeler was in attendance on behalf of the applicant. Dave noted that there are questions from the site inspection: 1. Roger asked what they were going to do in regard to the proposed clearing. Per Dave Wheeler: they are going to prune the front and clean it up, around the stone wall and the stairs, and that all other clearing is done outside the 100’ BZ, approx. 200’ away. Most of the bushes will be left, just trimmed. Bruce clarified that trimming will only be down by the water, and they are not clearing. Roger also asked about the piers for the deck, and per Dave, they will be pre-cast. Bruce also asked if there is a current chapter 91 license for this property. Per Dave Wheeler, he is not sure, but will check with Mr. Bailey, and report back. If there is no chapter 91, then they will have to apply, which per Dave Sarnacki, will be a condition of this chapter 91. Bruce also asked about an area right where their line is, there is a large area of growth, there is nothing on the plans about what they will do with this area. Per Dave Wheeler, that whole section is going to be cut back. Per Bruce, he would like to revisit this area, as by his observance, if they cut in this area, all will be removed as it is merely undergrowth. Bruce feels like they should have a planting plan for that area. Per DW, he stated and clarified they are not removing anything, just trimming – no clearing. Per Dave Sarnacki, they will make this a part of the conditions, to inspect this area, when they inspect the installed EC, for the files. Roger also asked what they are using for the erosion controls, per DW, they will use silt fencing and wattles. Per DW, the deck is 63’ away from the water, so plans were updated to reflect, and initialed by KB and DW. Dave asked if any other discussion required, and an abutter was in attendance asking how far away from his property, and DW stated that all setbacks by law were followed and recognized by zoning, which is not our purview. Dave stated his thanks to the abutter, but we do not speak to zoning issues. Dave asked if any other discussion required, with no responses, Dave made a motion for a -3 determination with the following conditions: EC to be installed & inspected prior to work start; pics were taken of the veg., and it will only be cut back slightly, not cleared; all debris to be removed from area immediately, or covered; no heavy equip. in the resource area; OCC reserves the right to inspect property for 3 years from date of approval; Chapter 91 license must be applied for in tandem with work . RM 2nd the motion and the Commission voted unanimously to issue a -3 determination with the above conditions.
- Public Hearing – RDA – Submitted by All Star Excavation, on behalf of Phillip & Kathryn Tarpey, 62 Kibbe Point Rd., map 17D lot 62, regarding the replacement of a clogged footing drain, approx. 92’ from OR. Dave opened this hearing and invited applicant(s) to address the Commission. One question from Roger, where will they daylight the drain? Per Bill Allen, where the pavement ends, per Roger, that is perfect. Dave indicated there was also a question on the erosion controls, being that since the work is 92’ away from the resource, there is no need to dig up the area to install erosion controls; therefore, no EC is required for this project. Dave asked if any further discussion on this RDA; Being none, Dave made a motion for a -3 determination with the following conditions: No EC required; no heavy equipment in the resource area; all debris to be 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 – RDA – Submitted by Otis Rec. Comm., Great Woods Road, map 11D lot 53, regarding the replenishment of beach sand in existing imprint with clean mason’s sand, 55’ deep x 120’ long, above HWM. Dave opened this hearing and invited applicant(s) to address the Commission. Patricia Richard was in attendance for this hearing. Dave wanted to clarify that they are simply replenishing sand, not changing the existing footprint in any way, per Patricia, that is correct, they have never replenished the sand over the years, and the erosion has done quite a job of displacement. They only wish to replenish the sand within the original footprint and boundaries, and will not go beyond that scope in any way. Per Bob Mason, DEP is OK with this, per Mark Stinson, as long as they stay within the existing footprint, and do not go outside the scope. Patricia sked if she can confirm the current high water mark, per Bob it is an elevation: 1423.869. Patricia wanted to clarify to insure they do not go below the HWM, as per the requirements BY MA DEP if they venture below HWM. Dave asked if any other concerns, being none, he made a motion for a -3 determination with the following conditions: replenishment of sans in original footprint only; 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 CW Nelson, on behalf of Margaret Amanti, 42 Pine Rd. Ext., map 17C lot 100, regarding the removal of existing walkway, replaced with 21’ x 3’ of Goshen stone, repl. of existing pad with 19’ x 36’ Goshen stone, in the BZ of OR. Dave opened this hearing and invited applicant(s) to address the Commission. Chuck Nelson was in attendance for this meeting. KB noted that there is a valid chapter 91 license for this property, and we have the said license copied to the property file. Mr. Nelson spread out his work plans to outline and overview for the Commission. Dave asked if any other questions stemming from the site inspection; none being said, Dave made a motion for a -3 determination with the following conditions: EC to be installed and inspected by OCC prior to work start, please email otisconcom@gmail.com to req. an inspection; No heavy equip. in the resource area; all debris to be removed or covered daily; OCC reserves the right to inspect property for 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 CW Nelson, on behalf of Jim Brandolini, 118 Telephone Rd., map 7A lot 89, regarding the installation of walkway to water with 18 Goshen stone steps with processed stone, in the BZ of White Lily Pond. Dave opened this hearing and invited applicant(s) to address the Commission. Chuck Nelson was in attendance for this hearing on behalf of applicant. Mr. Nelson spread out his work plans to outline and overview the project for the Commission. Dave asked if there were any concerns stemming from the site inspection, and none being said, he proceeded to make a motion for a -3 determination with the following conditions: EC to be installed and inspected by OCC prior to work start, please email otisconcom@gmail.com to req. an inspection; No heavy equip. in the resource area; OCC reserves the right to inspect property for 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 Berkshire Geo-Tech., on behalf of Mark Paulson, 24 S. Gate Island Rd., map 17 lot 6, regarding the installation of a model J-500 Jetbat Septic tank, a 1,000 gallon pump chamber & an 11.52’ x 30’ leach bed; also repl. of existing water & electric line from existing well located at 20 S. Gat Island Rd., all in the BZ of OR. Dave opened this hearing and invited applicant(s) to address the Commission. Chris Tryon was in attendance on behalf of applicant. Per Chris, they are going to cut 2 trees, but they are outside the 100’ buffer zone. The leach field is entirely outside the BZ, and only the pump chamber and septic tank is within the BZ. Dave asked if any other questions or concerns, none being stated, he made a motion for a -3 determination with the following conditions: Any EC to be installed and inspected prior to work start; No heavy equip. in the resource area; all debris to be removed or covered 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 issue a -3 determination with the above conditions.
- Public Hearing – RDA – Submitted by BSC Group, Inc., on behalf of Jonathan Roberge, near 1340 W. Center Rd., map 6 lot 162, regarding the installation of 4 new utility poles, associated anchors, and overhead wire, as well as removal of several trees, all within the shoulder of W. Center Rd. and BZ of BVW and inland bank. Dave opened this hearing and invited applicant(s) to address the Commission. Melissa Kaplan was in attendance on behalf of applicant. Dave asked if any questions stemming from site inspection and Jeff Laramy stated that he could speak on this project, since he is quite familiar with the utilities, etc., from being in the industry for so many years before he retired. There were no issues with any of the poles set for placement. Dave asked if any other issues or concerns, none being stated Dave made a motion for a -3 determination with the following conditions: No heavy equip. in the resource area; all debris to be removed immediately; OCC reserves the right to inspect property for 3 years from date of approval. BW 2nd (and JL 3rd) the motion and the Commission voted unanimously to issue a -3 determination with the above conditions.
- Public Hearing – NOI – Submitted by Berkshire Geo-Tech., on behalf of Robert & Susan Lopatkin, 783 Algerie Rd., map 12 lot 34, regarding the replacement of existing boardwalk and dock, in the BZ & BVW bank of Big Pond. Dave opened this hearing and invited applicant(s) to address the Commission. Chris Tryon was in attendance on behalf of the applicant. Dave indicated that there were several questions stemming from the site inspection, starting with a chapter 91 license for this property. Per Chris, there is no existing chapter 91, so he included the application that they are doing in tandem with this NOI, and with MA DEP waterways licensing division, KB added the 91 app to the file for the record; Chris then stated that MA DEP had several comments about this project, which KB printed and handed out to all concerned, while Chris read out each item for the Commission: MA DEP had an issue with the fees, which CT stated they already worked out and sent in the additional fees, which KB confirmed as the file was issued and would not have been if fees were not paid; next is the ROD filing for the OOC previously issued for the ramp and boardwalk, CT went through the files and found the RDA for this work from 1998, next was no delineation report, which there is one, done by Emily Stockman back in 2016, which CT gave a copy to KB for the file recording; next the piers would require a replication area, but if they used techno-metal posts, they do not have to do replication, so CT is going to recommend to owner to use the recommended posts, to avoid replication requirements. Next was a growth issue for where the boardwalk is going, need to make sure that the boardwalk is high enough to allow for sunlight to get through and allow for normal vegetation growth. Also, EC will only disturb the area further so wattles should be used in place of SF. Therefore, with much confirmation to review with owner, CT would like to continue this hearing until next month’s meeting. With everything addressed, Dave made a motion to continue this hearing until the next meeting in July 2019; JL 2nd the motion and the Commission voted unanimously to continue this application until the July 2019 meeting.
- Public Hearing – RDA – Submitted by Carroll Raymond, 1954 East Otis Rd., map 16 lot 56, regarding the installation of drains of E & W side of house; removal of silver maple & 3 more trees that are dead/dying; repair of a 75’ wall & reface with stone & build a wishing well, all within the 200’ of river/stream. Dave opened this hearing and rearranged the order so that this is last on our agenda. Dave opened this hearing and invited applicant(s) to address the Commission. Bruce recused himself to speak for the applicant in this matter. Trees will be cut flush; no erosion control will be used as will cause more disturbance; added to plan: fill 3’ well tile; no other questions were noted. Dave made a motion for a -3 determination, with the following conditions: Erosion control to be installed and inspected prior to work start; all debris to be removed from area immediately, as accumulated; all stumps cut flush with ground; no heavy equipment in the resource area; OCC reserves the right to inspect property for 3 years from date of approval. Further, since this RDA was initiated from an Enforcement Order, the Commission unanimously ratified the EN issued.
- Public Hearing – RDA – Continuance – 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(s) to address the Commission. The new plans were received from applicant and added to the file, Dave asked if any questions, none being stated, Dave made a motion for a -3 determination with the following conditions: Garage with small living area above, to replace the construction of a house on this lot; Erosion control to be installed and inspected prior to work start; all debris to be removed from area immediately, as accumulated, or covered; no heavy equipment in the resource area; OCC reserves the right to inspect property for 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 – 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(s) to address the Commission. Simone Natalie with Berkshire Engineering was in attendance on behalf of applicant. Dave asked if the chapter 91 was received and yes, we have a copy received and added to this property file. Simone confirmed that they are staying within the existing footprint. As for the retaining wall, it is one foot above the HWM, and will be using rip-rap. Bruce asked how they would backfill, which is on the plans, which RM confirmed and outlined for the Commission. Bruce asked if planting was necessary, and the Commission did not feel it was necessary at this time. Dave asked if any other questions, none being stated he made a motion to approve and issue an order of conditions for the proposed work, with the general and standard special conditions; RM 2nd the motion and the Commission voted unanimously to approve and issue the Order of Conditions with the general and standard special conditions.
- 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 applicant to address the Commission. As it turns out, applicant would like to continue this hearing until the July 16, 2019 meeting. Dave made a motion to continue this hearing until the July meeting; BW 2nd the motion and the Commission voted unanimously to continue this hearing until the 7/16/19 meeting. Dave opened this hearing and invited applicant(s) to address the Commission. Per KB, applicant would like to continue one more time, until the July 2019 meeting. Dave made a motion to continue this hearing to the July 2019 meeting; RM 2nd the motion and the Commission
OTHER BUSINESS:
Enforcement Orders/Letters:
Emergency Certifications:
Forest Cutting Plan
- Two new Approved Forest Cutting Plans added to OCC files for June 2019 – Noted for the record. Dave made a mention of the 2 approved FCP, and added them to the OCC files.
Extensions of Orders of Condition:
- Public Hearing – Ext. of Order of Conditions Request – Submitted by Solitude Lake Management, on behalf of Beverly Hyman, 1340 W. Center Road, map 6 lot 162, regarding the removal of decaying Phragmites, as well as accumulated nuisance stick, debris and pockets of organic buildup, as well as the control/treatment of nuisance algae growth on their property pond. Dave opened this hearing and invited applicant to address the Commission. No one was in attendance as was unnecessary, since this is only an extension of already issued Order of Conditions. Dave made a motion to approve the Extension of OOC for this project; RM 2nd the motion and the Commission voted unanimously to approve this Ext. of OOC.
Certificate of Compliance Requests:
Unanticipated Business:
Next office hours: Wednesday, July 3, 2019 from 6-9 p.m. at Otis Town Hall.
Next meeting: Tuesday, July 16, 2019 at 6:00 p.m. at Otis Town Hall. Meeting adjourned at 7:27 PM.