TOWN OF OTIS
CONSERVATION COMMISSION
07/16/2019 MEETING MINUTES
Location: Otis Town Hall, One North Main Road, Otis
Conservation Commission Members present: Dave Sarnacki; Jeff Laramy; Domenic Battista and Bruce Wall.
Conservation Commission Members absent: Roger Meyer.
Staff and others present: Kristen Brown OCC Admin Secretary; Bob Mason with MA DCR; Kathy Couch; Greg Stratner with GPS Builders; Chris Tryon with Berkshire Geo-Technology; Robert Harrison with Berkshire Design; Doug and Janet Baker with Outdoor Services; Matt Puntin with SK Design Group; Dave Donahue with DJ Development; Emily Stockman with Stockman & Associates;
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 August 20, 2019 meeting is on Wednesday August 7, 2019 @ 6:00 PM. The next office hours, for the August 20, 2019 meeting, is Wednesday August 7th, 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 June 18, 2019 meeting; DB 2nd the motion and the Commission voted unanimously to approve the minutes from the June 18, 2019.
- Public Hearing – RDA – Submitted by Greg Stratner with GPS Builders, on behalf of Dan & Liz Murray, 79 D’Wolfe Drive, map 7B lot 4, regarding the demo & replacement of existing screen porch & deck, within the BZ of Watson Pond. Dave opened this hearing and invited applicant to address the Commission. Greg was in attendance on behalf of applicant and addressed the Commission. Dave asked if any questions or concerns from the site inspection. Jeff asked what type of piers would be used and Greg indicated that they would use the techno-posts, and which is outlined on the print. Also erosion controls should be installed and inspected prior to work start. Dave made a motion for a -3 determination with the following conditions: No heavy equipment in the resource area; all demo by hand and all debris removed or covered daily; OCC has the right to inspect the property for 3 years from date of approval; call OCC to inspect installed Erosion Control prior to work start. BW 2nd the motion and the Commission voted unanimously to issue a -3 determination with the above conditions.
- Public Hearing – RDA – Submitted by Berkshire Design on behalf of Jeffrey & Lauren Harrison, 14 East Shore Rd., map 12 lot 25, regarding the installation of an addition to the south side of existing house, and a 250 SF deck, within the BZ of Big Pond. Dave opened this hearing and invited applicant to address the Commission. Robert Harrison with Berkshire Design was in attendance on behalf of applicant, who is of no relation to the owners. The only question was in regard to the trees being removed, and were not marked, however, Domenic added pics to the file of the trees to be removed. KB had applicant mark the file for where the trees are that are to be removed, for the record. Robert marked up the tree photos as well, and was added to the file. Dave asked if any other questions or concerns, and none being stated, made a motion for a -3 determination with the following conditions: No heavy equipment in the resource area; trees cut flush with the ground with bio oil chainsaw(s); all debris removed or covered immediately, outside resource area; OCC has the right to inspect the property for 3 years from date of approval; call OCC to inspect any installed Erosion Control prior to work start. JL 2nd the motion and the Commission voted unanimously to issue a -3 determination with the above conditions.
- Public Hearing – NOI – Continuance from June – 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 to address the Commission. For recap, Dave reviewed the comments from MA DEP from last meeting, for which all were resolved other than the type of posts/piers being used for the boardwalk. Length of dock was reduced to within 600 SFT, which was noted to the file. Chapter 91 application was also previously added to the file. The dock is a removable dock, aluminum with feet, not piers, and will rest on the bottom of lake when installed. The previous RDA approval from 1990 and 1998 cover the previous work done in the area. New project will be in full compliance with MA DEP standards. Delineation reports were added to the file. Replication not needed, as techno-posts will be used instead of typical footings. As for the boardwalk, applicant revised the application to allow for 36” of clearance above the vegetation as required by regulations for boardwalks. And finally, the stone path was approved back in 1998 by OCC. It was confirmed by KB that we sufficiently covered the MA DEP concerns. Jeff asked if there would be mats used for the machinery, and Chris confirmed that yes, mats would be used for the machinery. Dave asked if any other questions and none being said, Dave made a motion to approve and issue and order of conditions for this project, with the standard and special conditions; no erosion controls will be used other than wattles; and OCC reserves the right to inspect the property for 3 years from date of approval. JL 2nd the motion and the Commission voted unanimously to issue and approve the Order of Conditions with the general and standard special conditions.
Public Hearing – NOI – Continuance from June – 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. Matt Puntin with SK Design, Dave Donahue with DJ Development and Emily Stockman with Stockman and Associates were in attendance on behalf of the applicant in this hearing. Matt Puntin continued to introduce everyone and to address open items on the project, as outlined by both Emily, as a 3rd party reviewer on behalf of OCC, as well as Hill Engineers, who was the 3rd party reviewer for the Stormwater Engineering, on behalf of Otis Concom. Matt was able to verify that many changes were made based upon recommendations of the respective 3rd party reviewers, which will be outlined on the plans and explained as we go. Matt provided a brief overview of the project, where it began several years ago, to the new project as submit today. Majority of the project/work falls on the eastern part of the property, to include the building units, clubhouse, utilities, roads, etc. The project also includes the building of the “snack shack” across the street, which has also been revised so that it no longer goes beyond the property lines, which the project previously did by two feet (or more). Dave Donahue handed out concept pictures for the Commission, as Matt explained the project in great conceptual and engineered detail. Bruce asked for clarification as to if the Applicant will also replace a culvert at location DP3, which was also a recommendation of the 3rd party stormwater reviewer, Hill Engineers, and per Matt, yes they are replacing the culvert at DP3 (discharge point) location on the plans. Bruce asked how they plan to manage the added run-off that will be created by this project, over what that culvert manages today. Per Matt, Infiltration basins will be installed to control the flow of the stormwater run-off into the culvert(s) as outlined and proposed on the plans. Emily jumped into the fray to overview her observation and recommendations with regard to the infiltration (and detention) basins, most of which applicant has addressed sufficiently. Emily proceeded to describe the detention basin as it pertains to the Stormwater Handbook, and its required functionality. According to the handbook there is a minimum setback of at least 50’; and this project does not comply with that standard so it is up to applicant to explain and/or justify why they are out of compliance. Bottom line is that there are still open issues, with both 3rd party reviewers; therefore, to be able to fully and finally address remaining open issues, the applicant requested a continuance until the August 20, 2019 meeting, so that they have an opportunity to review and answer the remaining items from the 3rd party reviewers. That being stated and accepted, Dave made a motion to continue this hearing until the August 20, 2019 meeting; BW 2nd the motion and the Commission voted unanimously to continue this hearing until the August 20, 2019 meeting.
OTHER BUSINESS:
Enforcement Orders/Letters:
Emergency Certifications:
Forest Cutting Plan
Certificate of Compliance Requests:
- Public Hearing – COC Request – Submitted by David Donahue, 262 & 264 Kibbe Road, map 17C lots 63 & 64, regarding a request for a COC, for work completed under DEP File 254-0348. Dave opened this hearing and invited applicant to address the Commission. No questions or concerns stemming from site inspection. Dave made a motion to issue a COC for the order of conditions as completed; JL 2nd the motion and the Commission voted unanimously to approve and issue a COC for this OOC.
- Public Hearing – COC Request – Submitted by Rosette Odulio, 341 Brookman Drive, regarding a request for COC, for work completed under DEP File 254-0393. Dave opened this hearing and asked the Commission if any questions or concerns stemming from the site inspections and none being said, Dave made a motion to issue a COC for this OOC; BW 2nd the motion and the Commission voted unanimously to approve and issue a COC for this OOC.
- Public Hearing – COC Request – Submitted by Outdoor Services, on behalf of Wayde McMillan, 633 Pine Road, map17D lot 20, regarding a request for COC, for work completed under DEP File 254-0422. Dave opened this hearing and invited applicant to address the Commission. Dave asked if any questions or concerns stemming from site inspection, none being stated, Dave made a motion to issue a COC for this order of condition; JL 2nd the motion and the Commission voted unanimously to approve and issue a COC for this OOC.
Unanticipated Business:
- Marc DiGrigoli with Fox Homes, the builder for the project approved and OOC issued for this hearing, would like to review this approved OOC with the Commission. Previous hearing was as follows:
Submitted by Berkshire Engineering, Inc., on behalf of Sally Laufer, 20 Soucie Lane, map 6 lot 116, regarding the removal & construction of existing single family home with attached deck, install of stone drip edge and extension of existing gravel drive, all within the 200’ riverfront area of the west branch of the FR in Otis. Dave opened this hearing and invited applicant to address the Commission. Marc DiGrigoli with Fox Homes was in attendance on behalf of applicant. Apparently, there are several trees that need to be removed in order to properly demo and build the new house, which was not understood prior to the issuance of the OOC for this project, so the trees in question are not on the approval. Per Marc, 2 of the trees are dead, but 4 of the trees requested to be removed are healthy, and only slated for removal due to penetration of sun to the deck. Per Dave, he is personally, as a commissioner, opposed to the removal of healthy tress, particularly for reasons of a cosmetic nature. With that being said, Domenic stated that in this case he is not opposed to the tree removal as he has seen the site as well, and it is heavily forested, so removal of a few trees in this specific area, should not cause any adverse issues to the surrounding buffer zone of the river. At this point, we are discussing prematurely, as we have not officially received a request to amend. Therefore, after more discussion on the matter of removing healthy trees, and specific to this case, Marc would like to get an amended OOC to include the tree removal required to complete the approved project as intended. Dave asked if there were any issues with this request, and none being stated, confirmed that applicant should send a letter to the Commission, officially requesting the tree removal as an amendment to their issued OOC, so that we can properly advertise, and get onto our agenda. Marc will do so for next meeting. With that being said, this matter is now closed for the time being, and until we receive the request to amend the OOC.
- Emily Stockman to review the subject of Certificate of Compliance issuance, for clarification, per request. Dave opened this hearing and invited applicants to address the Commission. Upon review with Mark Stinson, Emily discovered that in order to move forward with the new NOI and subsequent approval (or denial), the old OOC needs to be completely closed out via complete COC, before a new OOC can be issued at the same site. Therefore, SKD will put in a COC request for the existing OOC, to completely close out the old order. The Commission is in agreement, that this is the correct way to move forward with this matter/project, so the COC request will be processed for the next meeting agenda in August 2019.
Next office hours: Wednesday, August 7, 2019 from 6-9 p.m. at Otis Town Hall.
Next meeting: Tuesday, August 20, 2019 at 6:00 p.m. at Otis Town Hall. Meeting adjourned at 8:51 PM.