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CONSERVATION COMMISSION
07/21/2020 MEETING MINUTES
Location: Otis Town Hall, One North Main Road, Otis ** Remote Meeting Via Zoom ***
Conservation Commission Members present: Dave Sarnacki, Jeff Laramy, Roger Meyer.
Conservation Commission Members absent: Bruce Wall; Domenic Battista.
Staff and others present: Kristen Brown OCC Admin Secretary; Jeff Gamelli; Daniel Giusti; Jeff Collingwood; Gary McCauley; Kim/Jared Bruscoe; others in attendance unknown, as not announced.
Opening items/Introduction of Commission members and staff. Dave opened the meeting at 6:00 p.m. He noted that the meeting is being recorded. The deadline for applications for the August 18th 2020 meeting is on Wednesday August 5, 2020 @ 6:00 PM. The next office hours, for the August 18, 2020 meeting, is also Wednesday August 5, 2020 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 16, 2020; RM 2nd the motion and the Commission voted unanimously to approve the minutes from the June 16, 2020 meeting.
- Public Hearing – RDA – Submitted by Benton Shores Property Owners Assn. Board of Directors, on behalf of BSPOA, Parish Drive, map 11F lot 65, regarding the removal of a damaged tree within the BZ of Benton Pond. Dave opened this hearing and asked if anyone was in attendance to speak on behalf of this hearing, and RM stated that he did not think it was necessary as the work is straightforward, and the tree is damaged so must come down. Dave then made a motion for a -3 determination with the following conditions: trees cut flush with ground; bio-oil only in chainsaw(s); debris removed or covered immediately; no heavy equipment in the resource area; OCC reserves the right to inspect property for 3 years from date of approval. JL 2nd the motion and the Commission voted unanimously to issue a -3 determination with the above conditions.
- Public Hearing – RDA – Submitted by Gary & Lori McCauley, 5 Old Stagecoach Road, map 17D lot 11, regarding the removal and replacement of 2 trees within the BZ of OR, as well as restacking of existing stonewall on the shoreline of OR. Dave opened this hearing and invited applicant to address the Commission. Gary McCauley is in attendance. Dave asked if there are questions from the site inspection, and RM indicated that there are questions on the folder. Dave countered that there are no questions on the folder, and RM stated that he is mistaken and was thinking of a different location. Dave noted that the plans looked fine, no issues – no equipment will be used on the stonewall – all just being straightened out by hand, and RM agreed. Dave then made a motion for a -3 determination with the following conditions: bio-oil only in chainsaw(s); debris removed or covered immediately; no heavy equipment in the resource area; stone wall to be straightened by hand, no equipment; OCC reserves the right to inspect property for 3 years from date of approval. JL 2nd the motion and the Commission voted unanimously to issue a -3 determination with the above conditions.
- Public Hearing – RDA – Submitted by Deborah Flood, 23 & 29 Flint Farm Lane, regarding the removal of tree(s) within the BZ of Otis Reservoir. Dave opened this hearing and invited applicant to address the Commission. No one in attendance, so Dave made a motion to continue this until the 8/18/20 meeting; JL 2nd the motion and the Commission voted unanimously to continue this hearing until the 8/18/20 meeting.
- Public Hearing – RDA – Submitted by Civil Arc Design, on behalf of Frank and Maria Tilli, 118 Pike Road, map 16B lot 8, regarding the installation of a new boathouse and dock in the BZ of Otis Reservoir. Dave opened this hearing and asked the Commission if there were any questions or concerns stemming from the site inspection. Dave opened this hearing and asked if anyone in attendance to speak to this RDA. RM interrupted to infer that the reference of “Boathouse” is wrong – it is actually an out building, not a boathouse, for the record. In addition, RM indicated that if they move the building back 5 linear feet, they will be all set, and OK with MA DCR approval. Dave thanked RM for the info, and asked if anyone in attendance for this hearing on behalf of applicant, and yes, Jeff Collingwood was in attendance. Dave noted that Bob Mason with DCR sent an email stating the same as above from RM, on this location. This will be a part of the special conditions. Per RM, will be better for homeowner to move back the 5’, as will be off state land, less tree removal required, will be less invasive and will not be considered a boathouse. Per Jeff Collingwood, the only reason they referred to it as a boathouse, is because that their canoes will be stored within, and he agrees with the condition to move back the work 5’. RM also asked what type of piers will be used– and per applicant will be drilled into the ground – helical piers. RM indicated that was perfect and what they like to see for stability. Dave also noted there was a question on the folder about whether there was a wetland delineation done for this site, and per Jeff C., he did show the delineation on the plans, and “pointed” them out. KB then interjected that the delineation note was on the next hearing – not this one – and Dave corrected the record and agreed that the delineation was not a question for this hearing. Dave then asked if any other discussion needed on this one – none being indicated, made a motion for a -3 determination with the following conditions: Outbuilding to be moved back 5 feet, to be out of land below HWM; bio-oil only in chainsaw(s); debris to be removed or covered daily; no heavy equipment in the resource area; Commission needs to inspect piers after installation; OCC reserves the right to inspect the 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 Jeffrey Gamelli with Gamelli Title 5 Consultants, on behalf of Tom Smith, 1419 East Otis Road, map 15A lot 33, regarding the demo and installation of a new home, and a new septic system upgrade, all within the BZ of Benton Pond. Dave opened this hearing and invited applicant to address the Commission. Jeff Gamelli in attendance. Dave noted that there are some concerns noted from the site inspection. RM noted that he did not see any issues – the septic is on top of the hill, and per Jeff the leach field will be behind the old garage, in the area to the west. Per JG most of the septic is outside the 100’ BZ. RM asked if they are adding 5’ on one side of the house? Per JG – Yes, but on the uphill side, not the water side. KB asked if they received the email from MA DEP? JG said yes. Dave then interjected to review Mark’s comments, first of which was that this project may need to be an NOI instead of an RDA; and the second item from Mark, was that there is not a Chapter 91 license for the seasonal, removable dock, and that applicant should obtain. Dave also indicated that the third comment from Mark with MA DEP is that there should be a wetland delineation done for this site. Per JG, he did not feel there were any wetlands on the respective site, but admitted that he is not a wetlands specialist, but they are just rebuilding the house in the existing footprint, which is high and dry with a good elevation drop, but they will be using good erosion controls and are not dredging or filling, but rather rebuilding a collapsing structure with a deck. Per RM, it is high and dry – but they are just rebuilding a house, and by looking at the lot, he does not see an issue if proper EC mitigation is used, and he does agree that a Chapter 91 license is needed for the removable dock, but that they should be able to continue under an RDA, again, based on the proposed work and the subsequent site inspection that was done. Dave asked JL if he is in agreement with RM, and yes, he agrees – one point that JL made was that yes, there is some wetness issues down in the front lawn area, where the grass lawn is always a little squishy, but up where they are doing the rebuild, it is high and dry. The house is at least 10’ higher in elevation, and feet, than the lower wet area of lawn. With all that being said, Dave then made a motion for a -3 determination with the following conditions: EC to be installed and inspected prior to work start; debris to be removed or covered daily; no heavy equipment in the resource area(s); OCC reserves the right to inspect property for 3 years from date of approval. JL 2nd the motion and the Commission voted unanimously to issue a -3 determination with the above conditions.
- Public Hearing – RDA – Submitted by White Engineering Inc., on behalf of David Tuzzio & Jasmine Kaempfer, Lincoln Road, map 14E lot 53, regarding the building of a home, driveway, well, septic, electric conduit, all within 500’ of an intermittent stream. Dave opened this hearing and invited applicant to address the Commission. Dave opened this hearing and invited applicant to address the Commission. RM indicated that they are more than 300’ away from the intermittent stream, based on the proposed project, and the site inspection. RM does not see any issues with this problem, since they will be running their conduit right next to the already existing driveway, and will NOT be disturbing additional area for such. Therefore, Dave made a motion for a -3 determination with the following conditions: No heavy equipment in the resource area; debris to be removed or covered daily; 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 – NOI – Submitted by Kimberly Bruscoe, 24 S. Gate Island Rd., map 17C lot 6, regarding the proposed repair of existing rock seawall that is in poor condition, all within the BZ of Otis Reservoir. Dave opened this hearing and invited applicant to address the Commission. Kim Bruscoe was in attendance. Dave indicated the first question from the notes was cutting. RM indicated that owner had cut and removed brush and trees, prior to the site inspection, as observed; KB interjected that there was a recent RDA filed for this same location, for permission to remove trees, and that could be what the Commissioners observed. Dave asked if anyone in attendance, and yes, Kim & Jared Bruscoe were in attendance. JL asked how much they are going to bring up the elevation of the wall, per Kim, 24” where it is now – they are not planning to raise it. Kim also referenced that they are removing the old patio, which is in bad shape, and simply put stone in the same area. As for the walkway down to the water, per Kim, they will be fixing the walkway, not removing it. RM & JL stated that they will need to plant additional native shrubs and/or trees to replace that which was cut down and Kim stated she has no issue with that, and will submit a planting plan to OCC to add to the Order of Conditions. Dave also noted the Mark Stinson with MA DEP noted on the file number, that there the work narrative was lacking, and that it was mostly described in pictures; Dave asked RM & JL if they had an issue, and per both, after visiting the site, it was very clear, and they do not feel that an addendum narrative is required. Dave also noted that per Mark w/DEP, the wall needs to remain within the exact footprint of that which is on the Chapter 91 license, as approved by MA DEP; applicant is aware. RM & JL also noted that EC is not required and would actually cause more disturbance, than not having EC. Dave asked if any other questions or concerns, and with none being stated, Dave made a motion to approve and issue an Order of Conditions for this project, with standard and special conditions, to include a planting plan to replace unauthorized cuttings, over and above the previous RDA approval. RM 2nd the motion and the Commission voted unanimously to approve and issue an OOC with the standard and special conditions, to include planting plan.
- Public Hearing – NOI – Submitted by Peter Wolk, 64 S. Gate Island Road, map 17C lot 14, regarding the rebuilding of an existing seawall in disrepair in the bank area of Otis Reservoir. Dave opened this hearing and invited applicant to address the Commission. Dave noted that since the filing of this NOI, the seawall work has been removed from this NOI – they are only now using this NOI as a means to get a Chapter 91 license on existing docks. Per KB the whole dock area has been worked out with MA DEP Waterways Department, for the purpose of getting a Chapter 91. Again, no seawall work is now being requested, nor will be permitted in this Order. Dave therefore made a motion to issue an OOC, for the purpose of obtaining a Chapter 91, and no seawall work is permitted. JL 2nd the motion and the Commission voted unanimously to issue an OOC for the licensing of existing dock, etc. area – no seawall work permitted under the Order.
- Public Hearing – NOI – 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 applicant to address the Commission. Dave asked for clarification on the specific location of this project. Dave confirmed that there are numerous concerns stated by Mark Stinson w/MA DEP, and he is NOT ready to issue a DEP file number they are addresses. These concerns stem from a large area (approx. 2 to 3 acres) of wetlands, that seem to have been filled in with lawn, that has been continuously mowed. Mark could see the violations using consecutive aerial photos (over the years) from the MA DEP GIS Map Database (Oliver). Daniel indicated that he did have the area delineated by Foresight Land Services. KB & Dave asked Daniel to please email a copy of the delineation that he had done, and Dan indicated that he will email it over to us accordingly. Therefore, in order to get a plan together, Dave made a motion to continue this NOI, until the next meeting in August 2020, to be able to get a plan forward, and possibly initiate a 3rd party peer review, for the delineation that was recently done. RM 2nd the motion and the Commission voted unanimously to continue this hearing until the August 2020 Concom meeting. Dan did comment and ask how long this will take, and KB explained and outlined that we must address the alleged violations observed and find an agreeable path forward, but we do not have enough info at this time to do that. Once we receive the delineation, and consult with MA DEP, we can have a better plan, and timeline, on how to move forward. Dan thanked us for the info.
- Public Hearing – RDA – Continued from June Meeting – Submitted by Dave Wheeler, on behalf of Nicole & Marc Maddalena, 29 Bay Point Road, regarding the installation of a new moveable shed in existing footprint; and the planting of two new trees, all within the BZ of Otis Reservoir. RM recused himself from this filing as an abutter. Dave asked KB if we have received a decision from MA DCR, on the boundary/property lines yet. KB indicated that a decision has not yet been made, per Bob Mason with MA DCR. Therefore, Dave made a motion to continue this hearing until the August 18, 2020 meeting; JL 2nd the motion and the Commission voted unanimously to continue this hearing until the August 18, 2020 meeting.
OTHER BUSINESS
Enforcement Orders/Letters:
Emergency Certifications:
- Public Hearing – EC Tree Removal – 47 N. Lake Avenue, regarding removal of a dead oak tree within the BZ of OR; inspection done 7/14/2020. Dave opened this hearing and made a motion to ratify this EC; RM 2nd the motion and the Commission voted unanimously to ratify this EC.
- Public Hearing – EC Tree Removal – 24 Pine Road Ext., regarding removal of a dead birch tree within the BZ of OR; inspection done 7/14/2020. Dave opened this hearing and made a motion to ratify this EC; JL 2nd the motion and the Commission voted unanimously to ratify this EC.
- Public Hearing – EC Tree Removal – 64 Drive B, Wagner, regarding removal of a 3 dead trees within the BZ of OR; inspection done 7/14/2020. Dave opened this hearing and made a motion to ratify this EC; JL 2nd the motion and the Commission voted unanimously to ratify this EC.
Forest Cutting Plan
Extensions of Orders of Condition:
Certificate of Compliance Requests:
Unanticipated Business:
- Review of approvals and planting plan for 64 Drive B: Dave opened this item, only to postpone until BW is in attendance, since it was Bruce who wanted this added to the agenda. The rest of the Commission agreed.
Next office hours: Wednesday, August 5, 2020 from 6-9 p.m. at Otis Town Hall.
Next meeting: Tuesday, August 18, 2020 at 6:00 p.m. at Otis Town Hall.
Dave made a motion to adjourn the meeting at 7:34 PM. RM 2nd the motion and the Commission voted unanimously to adjourn the meeting.