TOWN OF OTIS
CONSERVATION COMMISSION
06/19/2018 MEETING MINUTES
Location: Otis Town Hall, One North Main Road, Otis
Conservation Commission Members present: Dave Sarnacki, Jeff Laramy, Bruce Wall and Domenic Battista.
Conservation Commission Members absent: Roger Meyer and Rene Dube’.
Staff and others present: Kristen Brown OCC Admin Secretary; John Kovich with MA DCR; Derek Poirier, with Otis Highway Department; Ryan Nelson with R. Levesque; Chris Tryon with Berkshire Geo-Technologies; Marc Bergeron.
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 17th 2018 meeting is on Thursday July 5, 2018 @ 6:00 PM, due to the 4th of July Holiday on Wednesday. The next office hours, for the July 17th meeting, is July 5th from 6:00 –9:00 PM. Dave introduced the members of the commission, as well as Bob Mason with MA DCR, 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 our May 16, 2018 meeting; RM 2nd the motion and the commission voted unanimously to approve the minutes from the May 16, 2018 meeting.
- Public Hearing – RDA – Submitted by Town of Otis Highway Dept., Full Length of Tyringham Rd., maps 9 & 13A, regarding the full reclamation of the roadway, removal & replace of 13 culverts, headwalls & drop inlets; cut back canopy, and remove & replace approx. 2,200’ of guardrail. Some waterways to be installed to improve drainage from run-off. Dave opened this hearing and asked Derek if he received the comments from Mark Stinson, MA DEP, and he did. Therefore, we are changing the RDA for item C. Scope of Work, and Derek singed. KB explained what DEP indicated, and the stream crossings need to be approved via an NOI (WPA Form 3, Notice of Intent). Dave asked Derek to point out the work on the submitted plans. The streams that are on Tyringham are not always flowing with water. Dave requested that Derek remove the 2 stream crossings from the RDA, and do those with an NOI, and then they can just do the culverts on this RDA, which fall under special exemption. Dave then made a motion to make a -3 determination on the culvert crossings only, and the streams will be removed from the RDA, with the following conditions: any EC installed and inspected prior to work start; OCC reserves the right to inspect work 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 Town of Otis Highway Dept., near 888 W. Center Rd., maps 6 & 6A, regarding the removal & replacement of steel culvert that has pushed to the surface over the years. Reclaim pavement & resurface of road. Dave opened this hearing and invited Derek to address the Commission. Dave made a motion for a positive 1 determination, that an NOI is required for this work; BW 2nd the motion and the Commission voted unanimously for a +1 determination, and an NOI is required for this work.
- Public Hearing – NOI – Submitted by R. Levesque, on behalf of Michael Donaghey & Corinne Patrick-Donaghey, 82 S. Gate Isle Rd., map 17C lot 17, regarding replacement of existing septic, in the BZ of Otis Reservoir. Dave opened this hearing and invited applicants to address the Commission. Josh (last name omitted) with R. Levesque was in attendance on behalf of the applicant(s). Dave asked if any questions on the site inspection and the only questions is the location of the trees. Apparently, trees that were approved for removal under a previous RDA for this site, were marked when the Commission did the site inspection for this project. So, the Commission would like to ensure that the trees now marked, match up with the -3 determination provided to the previous RDA. We will address this under separate cover. Ryan is going to make sure that they unmark the healthy maple, as that cannot be removed by order of this Commission. Back to this NOI, there are some small tree removals on this project, near the shed, and other trees that are marked to be protected during construction. BW wants Ryan to go to the site and remove the flags for the trees proposed to be removed, but denied by this Commission. OCC will follow up with visits to this site, to ensure that the trees marked for protection, are not removed. BW also asked if there is a Chapter 91, and they are in the process of getting copies, and will copy us on the communication. The assumption is that there is one license for 2 owners; OCC will be copied on all Chapter 91 information and filings here forth. Dave asked if any other concerns, being none he made a motion to approve and issue an OOC for this project with standard conditions, with the understanding that the tree markings will be corrected, so that we can come out and inspect again later; EC should be installed and trees approved prior to work start; OCC has the right to inspect the property for 3 years from date of approval.
- Public Hearing – RDA – Submitted by Berkshire Geo-Tech., on behalf of Robert Hughes, 221 Ridge Ave., map 18C lot 14, regarding the installation of a subsurface disposal system within the resource area of an intermittent stream, due to failed title 5. Dave opened this hearing and invited applicants to address the Commission. Chris Tryon was in attendance on behalf of the applicant(s). The plans were dropped off to BW, who passed them along to RM, and RM inspected and everything looks good, and no issues on his end. KB asked about the checks, and they were sent via mail, which KB found in the mailbox. Confirmed EC installation, on the maps, and the Commission is happy. Dave then made a motion for a -3 determination with the following conditions: any EC installed and inspected prior to work start; all debris to be removed or covered daily; no heavy equipment in the resource area; and OCC reserves the right to inspect work for 3 years from date of approval. BW 2nd the motion and the Commission voted unanimously for a -3 determination with the above conditions.
- Public Hearing – RDA – Submitted by Berkshire Geo-Tech., on behalf of John Koch, 77 N. Gate Isle Rd., map 17 lot 32, regarding the installation of a subsurface disposal system within the BZ of Otis Reservoir, due to failed title 5. Dave opened this hearing and invited applicants to address the Commission. Chris Tryon with Berkshire Geo-Technologies, was in attendance for this RDA on behalf of the applicants. Dave asked if any questions stemming from the site inspection and there are some questions. Chris said it was extremely difficult lot, and will pretty much be done by hand. The existing well is actually in the garage. The 1st question from the Commission is the tree root system, and will it interfere with the work – is not on their property, it is on DCR property. Also, was perc done on state land, per Chris the perc pool ended up over the line, as they were not sure where high water mark was at the time, and per John Kovich, the perc that was done was in violation, as they did not have permission from DCR to do this work on DCR property. Also, the tree slated to come down that is on DCR land, cannot come down either. Owner does have a chapter 91 license, but JK will take care of the violations from MA DCR, on the perc violation. In addition, MA DCR will not allow for the erosion control to be installed on state property either, therefore, the compromise is that applicant will have to move the EC, to be installed right at the property line, so it is not on state land. As for the RDA, Dave made a motion for a -3 determination with the following conditions: any EC installed and inspected prior to work start, and not be installed on DCR land; all debris to be removed or covered daily; The tree on state land cannot be removed as proposed; no heavy equipment in the resource area; and OCC reserves the right to inspect work for 3 years from date of approval. JL 2nd the motion and the Commission voted unanimously for a -3 determination with the above conditions.
- Public Hearing – RDA – Submitted by Berkshire Geo-Tech., on behalf of Richard & Sandra Roy, 20 Pleasant Dr., map 15 lot 135, regarding the decommission of existing septic tank, within the BZ of OR, due to failed title 5. Dave opened this hearing and invited applicants to address the Commission. Chris Tryon with Berkshire Geo-Technologies was in attendance on behalf of the applicant. Dave asked if any questions from the site inspections, as there were no notes taken. BW indicated that it is literally within a patio wall, and all was very clear cut and compact. Dave made a motion for a -3 determination with the following conditions: all EC to be installed and inspected prior to work start; all debris removed or covered daily; no heavy equipment in the resource area; OCC reserves the right to inspect work for 3 years from date of approval. BW 2nd the motion and the Commission voted unanimously for a -3 determination with the above conditions.
- Public Hearing RDA – Submitted by Marc Bergeron, 408 Lion Hill Road, map 11E lot 35, regarding the repair of existing patio & patio wall, damaged due to winter weather, in the BZ of OR. Dave opened this hearing and invited applicant to address the Commission. No one was in attendance as this was an instance of an RDA, due to paperwork violation, so the work is already done. Dave asked if any questions, BW explained that he and Bob with DCR did a site inspection based on a call from a complaint. BW did not feel it was necessary to do an EO, as Marc filed the RDA for the patio work immediately, and followed up as directed. Dave therefore made a motion for a -3 determination with standard conditions, since the work is already done. BW 2nd the motion and the Commission voted unanimously to approve the RDA for previous work done on the stone patio & wall.
- Public Hearing – NOI – Continuance – Submitted by Berkshire Eng., on behalf of the Estate of Violette, 47 & 52 Hayre Isle Rd., map 17B lots 14 & 221, regarding a residential septic system upgrade. Dave opened this hearing and asked for an update, per KBB, MA DCR has still not signed this NOI, and do not intend to do so, so the Commission should withdraw at this time. Dave made a motion to withdraw/ or let this NOI die, due to the fact that the proposed work is on MA DCR property, and they will not allow it; JL 2nd the motion and the Commission voted unanimously to withdraw/let die, this NOI from the agenda.
OTHER BUSINESS:
Enforcement Orders/Letters:
Emergency Certifications:
- 53 Bay Point Road, Removal of dead/dying tree, in the BZ of OR. Dave made a motion to ratify this Emergency Certification, signed by RAM, BW 2nd the motion and the Commission voted unanimously to ratify this EC.
Forest Cutting Plans:
Extensions of Orders of Condition:
Certificate of Compliance Requests:
Unanticipated Business:
Next office hours: Wednesday, July 5, 2018 from 6-9 p.m. at Otis Town Hall.
Next meeting: Tuesday, July 17, 2018 at 6:00 p.m. at Otis Town Hall. Meeting adjourned at 6:49 PM.