Conservation Commission Meeting Minutes 08/18/2020

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TOWN OF OTIS

CONSERVATION COMMISSION

08/18/2020 MEETING MINUTES

 

Location:  Otis Town Hall, One North Main Road, Otis ** Remote Meeting Via Zoom ***

 

Conservation Commission Members present:  Dave Sarnacki, Bruce Wall, Roger Meyer, Jeff Laramy and Domenic Battista

 

Conservation Commission Members absent:  None.

 

Staff and others present:  Kristen Brown OCC Admin Secretary; Daniel Giusti; Pat Patterson (?); others in attendance unknown, as not announced, nor signed-in with a name on the Zoom app.

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 September 15th 2020 meeting is on Wednesday September 2, 2020 @ 6:00 PM. The next office hours, for the September 15, 2020 meeting, is also Wednesday September 2, 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 July 21, 2020; BW 2nd the motion and the Commission voted unanimously to approve the minutes from the July 21, 2020 meeting.

 

  • Public Hearing – RDA – Submitted by Gamelli Title 5 Consultants, on behalf of Tom Smith, 1419 East Otis Rd., map 15A lot 33, regarding the raze and removal of existing collapsing structure & construction of a new single-family dwelling in the same approx. footprint, with deck and stairs, and approved septic system, all within the 100’ BZ of Benton Pond. Dave made to open this hearing, and KB interrupted to inform that this item was a repeat from last agenda, and should NOT be on this agenda. Therefore, Dave made a motion to swipe this hearing from the August 18 meeting agenda, as was added in error. RM 2nd the motion and the Commission voted unanimously to remove this from the agenda.

 

  • Public Hearing – RDA – Submitted by Patrick & Carla Patterson, 142 Kibbe Rd., map 17C lot 46, regarding the pavement of existing driveway, removal of walkway & replace with pavers and move existing stonewall closer to the home. Dave opened this hearing and invited anyone to speak on behalf. Dave asked the Commission if there were any questions or concerns stemming from the site inspection, and none being stated, made a motion for a -3 determination with the following conditions: no heavy equipment in the resource area(s); debris to be removed and/or covered immediately, and 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. Dave also made a motion to the order of business, in order to address the Enforcement Order that was issued, that resulted in this RDA. RM 2nd the motion and the Commission voted unanimously to change the order of business, to deal with the EO for the same address. Dave made a motion to ratify the Enforcement Order for this address; JL 2nd the motion and the Commission voted unanimously to ratify the EO issued for this address.

 

  • Public Hearing – RDA – Submitted by Bradley Johnson & Nicole Pagourgis, 152 Kingsley Rd., map 7A lots 19 & 20, regarding the repair of subsurface sewage disposal system approx. 80’ from Watson Pond. Dave opened this hearing and invited anyone to speak on behalf of this hearing. Dave asked the Commission if there were any questions stemming from the site inspection, per RM – no issues all was laid out perfectly, and they see no problems at all. Therefore, Dave made a motion to issue a -3 determination with the following conditions: no heavy equipment directly in the resource area; any EC to be installed & inspected prior to work start; debris to be covered or removed daily; OCC reserves the right to inspe4ct 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 Bob Feltre, 9 Old Stagecoach Rd., map 17D lot 11, regarding proposed trimming of a large Oak Tree within the BZ of OR. Dave opened this hearing and invited applicant to address the Commission. Dave asked if any questions stemming from the site inspection, and per RM – no issues, very straightforward and project is approved by Otis BOH. Therefore, Dave made a motion for a -3 determination with the following conditions: work to be done during the annual draw-down period; any EC to be installed & inspected prior to work start; no heavy equipment directly in the resource areas; debris to be removed or covered immediately; OCC reserves the right to inspect property for 3 years from date of approval. DB 2nd the motion and the Commission voted unanimously to issue a -3 determination with the above conditions.

 

  • Public Hearing – RDA – Submitted by Chaffee Construction, on behalf of Patricia Rizzo, 34 East Shore Rd., map 12B lot 26, regarding installation of a new deck with ¾ stone beneath for draining stormwater, within the BZ of OR. Dave opened this hearing and Donnie Chaffee was in attendance on behalf of owners and overviewed the project for the Commission, and also noted that the project is in the BZ of Big Pond, not Otis Reservoir, and the correction was noted. Dave asked if there were any questions stemming from the site inspection, and per RM, this project will actually benefit the area, as storm-water will be able to flow more freely, without so much disturbance to the surrounding area. Therefore, Dave made a motion for a -3 determination with the following conditions: Any EC to be installed & inspected prior to work start; no heavy equipment directly in the resource areas; debris to be removed or covered immediately; 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 Margie Amanti, 50 Pine Road Extension, map 17C lots 101/102/103, regarding the removal of 15 to 20 dead trees and 9 living trees, all within the BZ of OR. Dave opened this hearing and invited applicants to address the Commission. Dave opened this hearing and invited applicants to address the Commission. Dave asked if any questions stemming from the site inspection, and per BW, MA DCR has indicated that all three trees that are circled in Blue cannot be touched nor removed as they are on MA DCR state land. The other unmarked on these plans are OK to be removed. Therefore, Dave made a motion for a -3 determination with the following conditions: Bio-oil only in chainsaw(s); the 3 trees below HWM and circled in blue cannot be removed; debris to be removed or covered immediately; no heavy equipment in the resource areas; 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 Clearwater Recovery on behalf of Michael Cienciwa, 196 Kibbe Rd., map 17C lot 54, regarding proposed septic system repair plan (approved by Otis BOH) and a new well, all within the BZ of OR. Dave opened this hearing and invited applicants to address the Commission. Dave asked the Commission if there were any questions or concerns stemming from the site inspection, and per RM, yes: slurry pit required and confirmed, and straw wattles should be used for erosion controls, and these should be inspected prior to work start. Therefore, Dave made a motion for a -3 determination with the following conditions: slurry pit required as confirmed on plans; erosion control should include straw wattles, and should be installed & inspected prior to work start; no heavy equipment directly in the resource area; debris to be removed or covered immediately; 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 Foresight Land Services, on behalf of Alyse Dvorak, 1900 N. Main Rd., map 2 lot 26, regarding proposed house additions, driveway construction & related site work, all within the 200’ resource area of Farmington River. Dave opened this hearing and invited applicants to address the Commission. Per KB, there are several unaddressed issues on this project, as noted by Mark w/MA DEP; therefore, since applicant needs time to address questions posed by DEP, Dave made a motion to continue this hearing until the September 15, 2020 meeting. RM 2nd the motion and the Commission voted unanimously to continue this hearing until the September meeting.

 

  • Public Hearing – RDA – Continued from July 21, 2020 Meeting – 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 asked the Commission if there were any issues stemming from the site inspection now that it was completed, and per RM, no issues. Therefore, Dave made a motion for a -3 determination with the following conditions: Bio-oil only in chainsaw(s); debris to be removed or covered immediately; no heavy equipment in the resource areas; 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 – NOI – Continued from July 21, 2020 Meeting – 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 asked KB if there were any updates to this NOI. Per KB, owner booked Foresight Land to do a wetland delineation on this property. KB sent the respective report to Mark @ MA DEP, and he respectfully disagrees with the delineation report, and asked that a 3rd party peer review be completed. Therefore, per KB, OCC will have to issue an EO in order to order the 3rd party peer review, and she will FU with MA DEP to make sure that the Enforcement is all encompassing with their concerns. That being said, Dave made a motion to continue this hearing until the September 15, 2020 meeting, so that we can FU with MA DEP, and get Enforcement Action issued for this location. KB explained to applicant exactly what that means, and Dan understands the path forward, and commented that he is aware that he opened a can of worms for himself by filing this NOI.

 

  • Public Hearing – RDA – Continued from July 21, 2020 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. Dave opened this hearing and asked KB if any more info back from MA DCR, Boston Legal Dept., on whether they are OK with this project or not – and we still have no decision from MA DCR to date. Therefore, Dave made a motion to continue this hearing until the September 15, 2020 meeting. BW 2nd the motion and the Commission voted unanimously to continue this hearing until the September 15, 2020 meeting. RM had recused himself from this hearing as an abutter.

 

OTHER BUSINESS

 

Enforcement Orders/Letters:

 

  • Public Hearing – Enforcement Order – Pat Patterson, 142 Kibbe Road, map 14C lot 46, regarding the unauthorized work completed within the BZ of OR, namely dock work. Dave opened this hearing, on the heels of the RDA for the same location. Dave also made a motion to the order of business, in order to address the Enforcement Order that was issued, that resulted in the earlier RDA. RM 2nd the motion and the Commission voted unanimously to change the order of business, to deal with the EO for the same address. Dave made a motion to ratify the Enforcement Order for this address; JL 2nd the motion and the Commission voted unanimously to ratify the EO issued for this address.

 

Emergency Certifications:

 

  • Public Hearing – EC Tree Removal – 31 Bay Point Road, regarding removal of storm damaged tree, within the BZ of OR. Inspection done 8/5/2020. Dave opened this hearing and made a motion to ratify the EC. RM 2nd the motion and the Commission voted unanimously to ratify this EO.

 

  • Public Hearing – EC Tree Removal – 27 Kibbe Point Road, regarding removal of dead and dying trees within the BZ of OR. Inspection done 7/24/2020. Dave opened this hearing and made a motion to ratify the EC. RM 2nd the motion and the Commission voted unanimously to ratify this EO.

 

 

Forest Cutting Plan

Extensions of Orders of Condition:

Certificate of Compliance Requests:

 

  • Public Hearing – Request for COC – Submitted by Kenneth and Ingrid DiGregorio, 243 Brookman Drive, map 18C lot 34, regarding work completed under Order of Conditions and DEP File Number 254-0326. Dave opened this hearing and asked the Commission if there are any issues or concerns stemming from the site inspection. None being stated, Dave made a motion to issue a COC for this completed project. DB 2nd the motion and the Commission voted unanimously to issue a COC for this completed project.

 

Unanticipated Business:

 

  • Review of approvals and planting plan for 64 Drive B – Dave opened this hearing and asked BW about the issue, and PER BW – they will continue this until a date upon which the property can be inspected against the planting plan that was submit. Therefore, Dave made a motion to drop this until a further date after which a proper site inspection/review can be completed.

 

Next office hours:  Wednesday, September 2, 2020 from 6-9 p.m. at Otis Town Hall.

Next meeting:  Tuesday, September 15, 2020 at 6:00 p.m. at Otis Town Hall.

 

Dave made a motion to adjourn the meeting at 7:22 PM. RM 2nd the motion and the Commission voted unanimously to adjourn the meeting.