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TOWN OF OTIS
CONSERVATION COMMISSION
08/21/2018 MEETING MINUTES
Location: Otis Town Hall, One North Main Road, Otis
Conservation Commission Members present: Jeff Laramy, Bruce Wall and Roger Meyer
Conservation Commission Members absent: Dave Sarnacki, Domenic Battista and Rene Dube’.
Staff and others present: Kristen Brown OCC Admin Secretary; John Kovich & Bob Mason, with MA DCR; Dave Wheeler, with Wheeler Building; Dave Donahue, with D & J Development, LLC; Daniel Cassanelli; Chris Tryon, with Berkshire Geo-Technologies; Gary & Alicia Belanger; Sara Gapinski with SK Design.
Opening items/Introduction of Commission members and staff. Jeff Laramy opened the meeting at 6:00 p.m. He noted that the meeting is being recorded. The deadline for applications for the September 19th 2018 meeting is on Wednesday September 5, 2018 @ 6:00 PM. The next office hours, for the September 19, 2018 meeting, is September 5th from 6:00 –9:00 PM. Jeff introduced the members of the commission, as well as John Kovich with MA DCR, and asked everyone to turn off/down their cell phones for the duration of the meeting. *** Please note that the next meeting in September is on the 3rd Wednesday, instead of Tuesday, due to a previous meeting scheduling Conflict ***
Minutes: Jeff asked if there are any issues with the meeting minutes, KB indicated several changes needed from earlier submission, therefore, Jeff made a motion to hold off on approve the minutes from our July 17, 2018 meeting; RM 2nd the motion and the commission voted unanimously to hold off on approval of the minutes from the July 17, 2018 meeting.
- Public Hearing – RDA – Submitted by Wheeler Building, on behalf of Curt Thiem, 18 Elm Lane, regarding the demolition of existing cottage, and building of a new house 38’ x 28’, in the BZ of OR. Jeff opened this hearing and invited applicant to address the Commission. Dave Wheeler was in attendance on behalf of applicant. Dave opened up to say that they are going to demo the existing house, and rebuild set back an additional 10’, with both points of the new house away from the resource, and original house position, including all tanks. With the new house they will be up to 64’ & 54’ away from the water instead of 34’ & 44’ with existing. Dave showed this on the plans submit. Jeff asked the Commission if any questions other questions, none being said he made a motion for a -3 determination with the following conditions: no heavy equipment in the resource area; all debris removed or covered daily; EC to be installed & inspected by OCC prior to work start; OCC reserves the right to inspect property for a period of 3 years from date of approval. RM 2nd the motion and the Commission voted unanimously for a -3 determination with the above conditions. Per Dave, he would like to be called to hand off the approval paperwork when ready. Per KB, will do.
- Public Hearing – RDA – Submitted by D & J Development, LLC, 1367 Reservoir Rd., map 16B lot 3, regarding the removal of approx. 9 trees in the BZ of OR. Jeff opened this hearing and invited applicant(s) to address the Commission. Dave Donahue was in attendance of the meeting and approached the Commission. Jeff asked if any questions stemming from the site inspection and per RM we want to know about the stumps, and per Dave, the stumps will be cut flush, and during draw down. Per BW, he has no problem with standard conditions. Dave would also like to pick up paperwork in person. Jeff made a motion for a -3 determination, with the following conditions: bio-oil only in chainsaw(s); debris removed daily; no heavy equipment in the resource area; work to be done only in draw-down period of OR; stumps cut flush with ground; OCC reserves the right to inspect property for a period of 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 Daniel M. Cassanelli, 489 Pine Road, map 17B lot 58, regarding the removal of a red maple in the BZ of OR. Jeff opened this hearing and invited applicants to address the Commission. Daniel Cassanelli was not in attendance as the owner of the property, as per the site inspection, we needed to know what was going to be done with the stump, and they are cutting it flush with the ground, so they did not need to attend. The tree is way at the other end of the property, away from the water, and Field Tree Service is doing the work, and John is very good with respecting the area with tree removal. That all being said, Jeff asked if any other questions stemming from the site inspection, and none being said, he made a motion for a -3 determination with the following conditions: bio-oil only in chainsaw(s); debris removed daily; no heavy equipment in the resource area; work to be done only in draw-down period of OR; stump cut flush with ground; OCC reserves the right to inspect property for a period of 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 CW Nelson, on behalf of Margaret Amanti, 43 Pine Rd., Ext., map 17C lot 98, regarding the replacement of 2 stone walkways with stone flagging, in existing footprint, in the BZ of OR. Jeff opened this hearing and invited applicant(s) to address the Commission. No one was in attendance for this hearing and there are several questions, and since applicant did not show, the Commission will continue as a courtesy, and place this hearing onto the September 19, 2018 meeting agenda. Jeff made a motion to continue this hearing until the next meeting on September 19, 2018; BW 2nd the motion and the Commission voted unanimously to continue this hearing until the September 19, 2018 meeting, and hopefully applicant will show; KB will send a reminder email.
- Public Hearing – RDA – Submitted by Berkshire Geo-Technologies, on behalf of Frederick Altice, 97 D’Wolfe Dr., regarding the construction of a deck on existing house, in the BZ of Watson Pond. Jeff opened this hearing and invited applicant(s) to address the Commission. Chris Tryon was in attendance on behalf of applicant. Chris indicated that he apologized for the delay in getting the plans in on time. Chris presented plans and pictures, and the Commission agreed to look at his presentation. Per Chris, they previously did the septic on this site, for which this Commission approved, but with this project they are going to use techno posts on the deck, so that there will be no disturbance to the area, with which RM agreed. Chris indicated they would simply auger in with posts, as the deck is only 6 to 8’. Per RM, the code is one foot for a cantilever. Chris went over the specs on the plans, and then proposed the 2nd part of the project which is to remove dying trees. RM and Jeff said that they would definitely want a planting plan for replacements of trees with native vegetation. Chris asked if tonight, they could remove the tree removal portion of the project from this RDA/Hearing, and only vote on the deck construction for this RDA. That way he can get the plans set up, get the trees marked and flagged, and get a planting plan proposed with the rest of the required information. So, Jeff made a motion to go ahead and approve the deck portion of this project, and applicant will have to file another RDA for the tree work; for the deck, Jeff made a motion for a -3 determination with the following conditions: EC to be installed and inspected prior to work start; no heavy equipment in the resource area; debris to be removed daily; all work staged and prepped outside resource area out back; OCC reserves the right to inspect property for a period of 3 years from date of approval; RM 2nd the motion and the Commission voted unanimously to vote only on the deck for this RDA, and to issue a -3 determination with the above conditions.
- Public Hearing – RDA – Submitted by Berkshire Geo-Technologies, on behalf of Robert Bailey, 17 Elm Lane, map 16 lot 21, regarding the installation of a septic pre-treatment unit and pump chamber within the BZ of OR. Jeff opened this hearing and invited Christ Tryon to again address the Commission. Per Jeff, we had no paperwork on this one this month when site inspections were done, so Jeff “scolded” Chris (lighthearted) and said that it is quite important to have all required documents up front, as future deficiencies will not be considered until complete filing is received; Chris apologized for this and said this will not happen again. Per Chris the leach field portion is outside the BZ, beyond driveway, and not in consideration here. The only thing in the BZ for this project is pre-treatment unit and pump chamber. Chris showed the Commission on the plans, so that they could follow his explanation. They will use straw wattles to protect the surrounding areas. Jeff asked if any other questions, Bob Mason is OK with the project, and BW feels that it is far enough away, and with the pics, they are OK with this project. That being said Jeff made a motion for a -3 determination with the following conditions: EC to be installed and inspected prior to work start; debris removed or covered daily; no heavy equipment in the resource area; OCC reserves the right to inspect property for a period of 3 years from date of approval. RM 2nd the motion and the Commission voted unanimously to issue a -3 determination with the above conditions.
OTHER BUSINESS:
Enforcement Orders/Letters:
- Gary & Alicia Belanger, 20 Pine Rd., map 17C lot 94, regarding work done that was not approved. Continued from last month, to get pictures from DCR. Jeff opened this hearing and invited owners to address the Commission. Sara Gapinski with SK Design was in attendance on behalf of Gary & Alicia Belanger, and in representation of them with regard to this Enforcement Order. Sara pulled out pictures that were in a different resolution, and compared to the pics we have on file, and it appears that with the better resolution picture, that there were existing stone steps going into the water beneath the dock that was removed. Bob Mason agreed that with that pic, it does in fact look like there is stone steps beneath the dock. The clients swear that they did not add those stone steps, and that they were existing, and were there when they removed the dock. Sara agrees that the 2nd wall was a clear violation, and was not approved, but she maintains the stone steps were existing. KB distributed written comments that were submit by an abutting neighbor, and copied for distribution to all relevant parties. The submission was read by all for consideration. Per Sara, bottom line is that with no proof, we cannot really say for certain they added the stone steps, but there is no doubt about the 2nd stonewall that was not approved. Bob & Bruce asked where HWM is on the property, and per confirmation, that 2nd wall in on state land – HWM. Per Bob the elevation at HWM is 1423.869, and that 2nd wall is definitely on state land. Per Jeff, with that being said, owner will need to file to take out the violation wall. Also per Jeff, he does not see an issue with the stone steps that were under the dock, he feels that we can give them the benefit of the doubt that the steps were existing, and were not added. There is a chapter 91, and the stone steps are on the license so it is fair to assume they were existing. Jeff asked however about the question of whether they went higher on the seawall, without approval. Sara stated that she asked owners to search their files for pics they may have taken, to prove the height of the seawall, and to prove they did not add to it, but owners do not have any proof. It is also difficult to tell from the pics, due to light at different times of year, where the color is different on the seawall. Bottom line is that there is really no proof on this piece, and per Bob, if there was only a 10% increase, they would be OK with their 91 license, to add without needing to file, nor amend the license; and this would have been a slight change. Jeff then made a motion to continue the EO, and that have owners file to remove the 2nd wall added in violation by the October 2018 meeting; BW 2nd the motion and the Commission voted unanimously to have owner file to remove wall by October 2018 meeting.
Emergency Certifications:
Forest Cutting Plans:
Extensions of Orders of Condition:
Certificate of Compliance Requests:
Unanticipated Business:
Next office hours: Wednesday, September 5, 2018 from 6-9 p.m. at Otis Town Hall.
Next meeting: Wednesday, September 19, 2018 at 6:00 p.m. at Otis Town Hall. Jeff made a motion to adjourn meeting at 6:42 PM.