Printer friendly
TOWN OF OTIS
CONSERVATION COMMISSION
07/20/2021 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; Don Chaffee w/Chaffee Construction; Chris Tryon w/Berkshire Geo-Technologies, Inc.; Becky Cushing Gop; Shannon Boomsma w/White Engineering; Jeffrey Hiller; Rob Levesque w/ R. Levesque; Patricia & Charlie Smith; James & Cheryl McIntyre; Matt Puntin w/SK Design; 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 August 17, 2021 meeting is on Wednesday August 4, 2021 @ 6:00 PM. The next office hours, for the August 17, 2021 meeting, is also Wednesday August 4, 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 June 15, 2021 meeting; BW 2nd the motion and the Commission voted unanimously to approve the minutes from the June 15, 2021 meeting.
- Public Hearing – RDA – Submitted by Wheeler Building on behalf of Joanne Russell, 18 Moody Goodman Rd., map 17B lot 6, regarding the addition of a 4’ frost wall 10’ x 15’ within the 200’ area of an intermittent stream. Dave opened this hearing and asked the Commission if any questions or concerns stemming from the site inspection. RM stated that there are no issues with this RDA, plans all up to par. Dave asked if any other questions, and with none being stated, made a motion for a -3 determination with the standard conditions. BW 2nd the motion and the Commission voted unanimously to issue a -3 determination with standard conditions.
- Public Hearing – RDA – Submitted by Wheeler Building on behalf of Mark Benham, 100 S. Lake Ave., map 18B lot 10, regarding the demo of existing house and rebuild in same footprint, using existing septic & well, within the BZ of OR. Dave opened this hearing and asked if any questions stemming from the site inspection. BW asked if there is a Chapter 91 license for this property; per KB, contractor states applicant indicated that they do have a Chapter 91 but no copy to provide; BW recommended that we make getting a Ch. 91 a condition, if they do not have an existing license. With that all being stated, Dave made a motion for a -3 determination with the standard conditions, to include that applicant must obtain a Chapter 91 license if one does not already exist for this property; RM 2nd the motion and the Commission voted unanimously to issue a -3 determination with standard conditions.
- Public Hearing – RDA – Submitted by Becky Cushing-Gop (West Director, MA Audubon), Norton Road, map 15 lot 8, regarding the construction of a gravel parking lot and kiosk, in prep of this conservation area opening for public visitation; all within the 100’ area of an intermittent stream & BVW. Dave opened this hearing and asked the Commission if any questions. Per RM, only thing is EC must be installed prior to work start. An abutter addressed the Commission: Patricia & Charlie Smith have concerns about the stream and BVW in the area of this project, and having debris from this project migrate onto their abutting property. Patricia also questioned any development on this property as she is of the understanding that nothing could be developed there, and in perpetuity. They are also concerned with their relative privacy, and are concerned that opening this land up for public visitation will affect that. Dave indicated that OCC only looks at the project in relation to the MA WPA, and that the project complies with all requirement set forth under the Act. RM indicated that is more of a public use concern, and indicated that he would like to know more about the project, such as the benchmark on the site, in relation to the work, as well as the elevation for the parking area. OCC needs to know more about the scope of work. KB interjected to alert the Chairman that Becky Cushing-Gop needed to be allowed into the meeting. Becky entered the meeting and explained the project for the Commission, and indicated that they are not changing the elevation in any way – they will remove just the very top layer of top soil, approx. up to 8” and replace with gravel, to ensure everything is flat and level, and the lot will be level with the road. With the specific OCC concerns addressed, Dave then made a motion for a -3 determination with standard conditions, to include EC to be installed & inspected prior to work start. RM 2nd the motion and the Commission voted unanimously to issue a -3 determination with the standard conditions.
- Public Hearing – RDA – Submitted by Chaffee Construction on behalf of Arlene Fishkind, 257 Brookman Dr., map 18C lot 32, regarding the removal of trees, demo existing house and build new home in existing footprint, all within the BZ of OR. Dave opened this hearing and noted that there are a couple questions, and Donnie Chaffee is in attendance. Dave asked if the stumps will be cut flush for the tree removal, and DC indicated that these will be cut flush. Dave also noted that OCC is always looking for new plantings near the water, when looking at tree removals on developed sites on Otis Reservoir. Donnie indicated that he understood, and that applicant would not be opposed to doing some native plantings, but noted that the only tree near the water was the dying birch, the other trees are at the 100’ mark or beyond. With that being said, Dave asked if the Commission had any comments, and RM indicated that if since they will remove the Birch, he would like them to plant a couple (two) native plantings (bushes) near the water. Donnie stated that he would have owners select a couple native plantings for near the water. KB will send applicant a list of native plantings from which to choose. Dave then made a motion for a -3 determination with standard conditions, to include the requirement to plant 2 native bushes in the area of the water, and birch tree removal. RM/DB 2nd the motion and the Commission voted unanimously to issue a -3 determination.
- Public Hearing – RDA – Submitted by Berk. Geo-Tech., Inc., on behalf of John J. & Carrie C. Hitt, 38 Leisure Dr., map 15A lot 35, regarding the construction of a new dock in the waters of Benton Pond, incl. Chapter 91 submittal. Dave opened this hearing and asked if any questions, and BW indicated that this looked like the work was already done as there is a new dock, with new decking. KB indicated that the RDA is for the purposes of getting a Chapter 91 license. Therefore, Dave made a motion for a -3 determination with the standard conditions. JL 2nd the motion and the Commission voted unanimously to issue a -3 determination with standard conditions.
- Public Hearing – RDA – Submitted by William Jr., & Linda, Minarik, 26 S. Lake Ave., map 18A lot 48 & 49, regarding the rebuilding of existing dock with new materials & within the existing footprint, in the BZ of OR. Dave opened this hearing and asked the Commission if any issues stemming from the site inspection. KB indicated that the Commission asked if this should be an NOI, and because applicant is rebuilding the dock using existing footings, an NOI submittal is not required for this project. Dave then made a motion for a -3 determination with standard conditions; JL 2nd the motion and the voted unanimously to issue a -3 determination with standard conditions.
- Public Hearing – RDA – Submitted by Town of Otis Hwy. Dept., Dimmock, Ed Jones, Merritt and Judd Roads, maps 1-2-6-10A-10C, regarding the full depth reclamation of all sections of these roads and paving; several trees to be removed; build-up of existing shoulder in area of houses #9 & #49, with rip-rap or clean fill. Dave opened this hearing and asked if any issues, and per RM/JL, no issues. Dave then made a motion for a -3 determination with standard conditions; RM 2nd the motion and the voted unanimously to issue a -3 determination with standard conditions.
- Public Hearing – NOI – Continued from June 15, 2021 Meeting – 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 asked if the outstanding questions from MA DEP had been addressed. Shannon Boomsma was in attendance to review the answers to the outstanding questions, and also noted that MA DEP had not yet issued a file number, so ultimately, they will need a continuance until the August 17th meeting. Shannon also noted that new plans were submit via email, and were received by MA DEP and OCC, but that OCC would need hard copies for the folder as the digital copy is too small to be read. Shannon indicated that the full size, revised hard copy plans would be sent. Dave made a motion to continue this hearing until the 8/17/21 meeting; RM 2nd the motion and the Commission voted unanimously to continue this hearing to the 8/17/21 meeting.
- Public Hearing – NOI – Continued from the June 15, 2021 Meeting – 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 invited applicant to review the outstanding questions; Alexandra Cichetti with R. Levesque was in attendance on behalf of the applicant, and proceeded to outline their answers to the questions from MA DEP, to the satisfaction of the Commission. Therefore, Dave made a motion to approve and issue an Order of Conditions for this NOI with the standard and Otis CC special conditions. RM 2nd the motion and the Commission voted to approve and issue an Order of Conditions for this NOI with the standard and Otis CC special conditions.
- Public Hearing – RDA – Continued from June 15, 2021 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. Per KB, new plans have not been designed yet so this RDA should be withdrawn, or allowed to die off the agenda. Dave made a motion to let this RDA die off the agenda; RM 2nd the motion and the Commission voted unanimously to allow this RDA to die.
OTHER BUSINESS
Enforcement Orders/Letters:
- Enforcement Order – James & Cheryl McIntire, 512 North Main Rd., map 6 lot 127, regarding unauthorized clearing of trees, brush and vegetation within the 200’ resource area of the west branch of the Farmington River. Dave opened this hearing and Matt Puntin w/SK Design was in attendance to represent the owners in this Enforcement action. Matt requested a continuance until the October meeting to allow them to do field work and propose a response. The Commission did not see a problem with this, so Dave made a motion to continue this hearing until the 10/19/21 meeting, to allow applicant’s agent to do the work involved. BW 2nd the motion and the Commission voted unanimously to continue this hearing until the 10/19/21 meeting. Per KB – this item will stay on the agenda until resolved, as follow up.
- Enforcement Order – David Roffo, 134 Kibbe Road, map 17C lot 45, regarding unauthorized paving within the BZ of Otis Reservoir. Dave opened this hearing and addressed the fact that this owner will need to replace their septic and then remove the paved ramp, in conjunction with the abutting neighbor who owns half of the ramp. Dave made a motion to continue this item to the next meeting on 8/17, to allow time for owner to replace their septic, before removing the paved ramp. DB 2nd the JL 2nd the motion and the Commission voted unanimously to continue this hearing to the 8/17 meeting.
Emergency Certifications:
Forest Cutting Plan
Extensions of Orders of Condition:
Certificate of Compliance Requests:
Unanticipated Business:
Next office hours: Wednesday, August 4, 2021 from 6-9 p.m. at Otis Town Hall.
Next meeting: Tuesday, August 17, 2021 at 6:00 p.m. at Otis Town Hall, or Remote via Zoom.
Dave made a motion to adjourn the meeting at 7:36 PM. BW 2nd the motion and the Commission voted unanimously to adjourn the meeting.