Conservation Commission Meeting Minutes 09/17/2019

By Otis Town ClerkConservation Commission Minutes
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TOWN OF OTIS

CONSERVATION COMMISSION

09/17/2019 MEETING MINUTES

Location:  Otis Town Hall, One North Main Road, Otis

 

Conservation Commission Members present:  Dave Sarnacki; Jeff Laramy; Roger Meyer; and Bruce Wall.

 

Conservation Commission Members absent: Domenic Battista

 

Staff and others present:  Kristen Brown OCC Admin Secretary; Bob Mason with MA DCR; Chris Tryon with Berkshire Geo-Technology; Alicia Belanger; Charles Rosenblum; David & Carol Fishman; Mark Anthony; Aaron Biasin w/Berkshire Engineering; John Benevento.

 

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 next meeting is on October 22, 2019 (Due to a conflict with the original meeting date of 10/15/19) and the deadline for applications for the 10/22/19 meeting is on Wednesday October 2, 2019 @ 6:00 PM. The next office hours is on Wednesday October 2nd, from 6:00 –9:00 PM. Dave introduced the members of the commission, and Bob Mason with MA DCR, 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 August 20, 2019 meeting; BW 2nd the motion and the Commission voted unanimously to approve the minutes from the August 20, 2019.

 

  • Public Hearing – RDA – Submitted by Town of Otis, 353 North Main Rd., map 10 lot 141, regarding the full depth reclamation of existing blacktop 1383’ x 14’ & repaved with 3.5” of hot mix asphalt. Dave opened this hearing and invited applicant to address the Commission. No one was in attendance at this meeting; however, it is for the Town highway department, and the Commission did not have any issues with the work, therefore, Dave made a motion for a -3 determination with the condition that OCC can inspect the property for 3 years from date of approval.

 

  • Public Hearing – RDA – Submitted by Edward Kopelowitz, 29 Autumn Court, map 10F lot 45, regarding the removal of approx. 7 trees, in the BZ of BVW, Otis Woodlands. Dave opened this hearing and invited applicant to address the Commission. Dave opened this hearing and invited applicant to address the Commission. Dave asked the Commission if there were any concerns with the requested tree removal, per RM, the question is what are they doing with the stumps and the stumps will be cut flush; also per RM, the trees requested for removal are dying/dead and will be removed by John Field with Field Tree Service. Since no other questions, Dave made a motion for a -3 determination with the following conditions: no heavy equipment in the resource area; debris to be removed immediately from the resource area/buffer; bio oil to be used in chainsaw(s) only; OCC reserves the right to inspect the 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 Jeanne Steiner & William Rosenblatt, 70 Point Rd., map 15A lot 10, regarding the removal of a dead maple tree in the BZ of Benton Pond. Dave opened this hearing and invited applicant to address the Commission. No one in attendance as there were no questions stemming from the site inspection. Dave made a motion for a -3 determination with the following conditions: no heavy equipment in the resource area; debris to be removed immediately from the resource area/buffer; bio oil to be used in chainsaw(s) only; 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 Berkshire Engineering, Inc., on behalf of Charles & Lorraine May, 443 Lion Hill Rd., map 11E lot 6, regarding the replacement of existing septic with a new one, in the BZ of BVW. Dave opened this hearing and invited applicant to address the Commission. Dave asked if there were any questions stemming from the site inspection, and per RM, no, the plans were very clear, and the work is straight forward. Therefore, Dave made a motion for a -3 determination with the following conditions: no silt fence required as will disturb the are more than the project; no heavy equipment in the resource area; debris to be removed from resource immediately, and either disposed or covered; 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 Berkshire Engineering, Inc., on behalf of Donald & Barbara Capponcelli C/O Dottie Lortie, 13 N. Lake Ave., map 18A lot 42, regarding the replacement of existing septic system with a new one, in 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 Roger, no questions, work scope is straight forward. Therefore, Dave made a motion for a -3 determination with the following conditions: no silt fence required as will disturb the are more than the project; no heavy equipment in the resource area; debris to be removed from resource immediately, and either disposed or covered; 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 – Request for Amendment of OOC – Continued from August – Submitted by Marc DiGrigoli, on behalf of Sally Laufer, 20 Soucie Lane, map 6 lot 116, regarding the removal of select trees located within close proximity to the proposed (approved) new home, that are diseased or dying and present safety concerns for structure; 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 was in attendance of the meeting, and approached the bench, and laid out the plans. To overview, this was already approved, however, in order to build the new home, a couple trees need to be removed, to be able to build as submitted in the plans – however – contractor did not realize this at the time of the meeting, and subsequently issued OOC. Therefore, Dave asked the Commission if they have any issues with the tree(s) slated for removal, and per RM – they are OK with the proposed removal. That being said, Dave made a motion to amend the OOC, by notating the additionally approved tree(s) in the minutes; RM 2nd the motion and the Commission unanimously approved issuance of an amended OOC, by virtue of amendment via recorded minutes.

 

  • Public Hearing – RDA – Submitted by Ari Delevie, 151 Hayes Pond Road, regarding the hand removal of invasive species Bladderwort & Water shield, from the shoreline of Hayes Pond, and for the safety of swimmers. Dave opened this hearing and Ari (signature illegible) was in attendance of this meeting. Dave asked if any questions, and Bruce asked what was going to be done with the weeds that are pulled by hand only. Per applicant, they will bag and destroy the pulled weeds offsite. Dave made a motion for a -3 determination with the following conditions: weeds to be pulled by hand only, and only in the pre-designated area; weeds to be bagged and removed from site; no heavy equipment at all to be used, or brought into the resource area; 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 Chaffee Construction on behalf of Verna McCullough, 895 Algerie Rd., map 12A lot 28, regarding the replacement of failing concrete piers on outside wall of home, with techno-posts, in the BZ of Big Pond. Dave opened this hearing and invited applicant to address the Commission. Donnie Chaffee was in attendance and approached. Dave asked the Commission if there were any questions stemming from the site inspection, and per RM, there is no need for erosion controls to be installed, as they will disturb the area more being installed, than not. Dave asked if any other questions, none being said, Dave made a motion for a -3 determination with the following conditions: no heavy equipment in the resource area; no erosion controls required; debris to be removed or covered daily; OCC reserves the right to inspect the 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 Chaffee Construction, on behalf of Wayde & Susan McMillan, 633 Pine Rd., map 17D lot 20, regarding the lifting and moving of existing house & decks, addition of a full concrete basement and addition of a bedroom, all in the BZ of OR. Dave opened this hearing and invited applicant to address the Commission. Don Chaffee was in attendance for this hearing and approached. Dave asked the Commission if there were any questions or concerns stemming from the site inspection, and BW asked what would be used for Erosion Controls, per Don, they will use silt fencing and straw bales to protect the surrounding area(s). Since no other questions, Dave 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; 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 – NOI – Submitted by Chris Tryon with BGT, on behalf of Robert Bailey, 17 Elm Lane, map 16 lot 21, regarding the reconstruction of a seawall on OR. Dave opened this hearing and invited applicant to address the Commission. Chris Tryon was in attendance on behalf of property owner. Dave asked if there were any questions stemming from the site inspection. Everything looks good on the plans, and they are OK with the work as presented but BW asked to see where the HWM was on the plans, to make sure that DCR has no issues with the work. Chris pointed out the HWN on the plans and Bob said that DCR did not have any issues with the rebuilding of the seawall. Therefore, Dave made a motion to approve and issue an Order of Conditions for this NOI, to include the standard conditions, as well as OCC standard special conditions. RM 2nd the motion and the Commission voted unanimously to approve and issue an OOC with standard and special conditions.

 

  • Public Hearing – RDA – Submitted by Chris Tryon with BGT, on behalf of Peter Allen, 10 S. Lake Ave., map 18 lot 45, regarding the drilling of a well within the BZ of OR. Dave opened this hearing and invited applicant to address the Commission. Chris Tryon was in attendance for this hearing on behalf of applicant. Dave asked the Commission if they had any questions or concerns stemming from the site inspection for this project, and Roger asked where the slurry pit was going to be, and Chris made a revision to the plans to add where the slurry pit would go. Dave asked if any other questions, none being stated, he made a motion for a -3 determination with the following conditions: No heavy equipment in the resource area; any EC to be installed and inspected prior to work start; debris to be removed immediately; 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 Chris Tryon with BGT, on behalf of Laurene McCrann, 16 Elm Lane, map 16B lot 19, regarding the drilling of a well and installation of a sewer line, all within the BZ of OR. Dave opened this hearing and invited applicant to address the Commission. Chris Tryon was in attendance on behalf of applicant. Dave asked if there were any questions or concerns stemming from the site inspection. Bruce asked how far away the well was. Per Chris, the well is approx. 30’ from the water, and approx. 10’ away from HWM (High Water Mark), for the record. Roger asked Chris to confirm location of slurry pit, and Chris confirmed on the plans. Dave asked if any other questions, none being said, he made a motion for a -3 determination with the following conditions: No heavy equipment in the resource area; any EC to be installed and inspected prior to work start; debris to be removed immediately; 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 – Continued from August – Submitted by Chris Tryon with BGT, on behalf of Jill Lerner, 7 Chestnut Lane, map 16 lot 4, regarding the removal of trees within the BZ of OR. Dave opened this hearing and invited applicant to address the Commission. Chris Tryon was in attendance on behalf of applicant. Dave reminded the Commission that this hearing had been continued from the August meeting, since none of the trees slated for removal were marked when the Commission did their site inspection last month, so they continued the hearing until September meeting so that the trees could be marked and inspected. Dave asked if any questions stemming from the site inspection, and if the trees were marked this time, per RM, yes, they were able to identify and confirm that the trees slated for removal were marked. The commission indicated that they have approved 8 trees that were marked, and no others should be removed or touched. Also, no machinery should be used, they will have to come down by hand. Dave asked if any other questions, none being said, Dave made a motion for a -3 determination with the following conditions: no heavy equipment in the resource area; debris to be removed immediately from the resource area/buffer; bio oil to be used in chainsaw(s) only; 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.

 

 

 

OTHER BUSINESS:

 

Enforcement Orders/Letters:

 

  • 408 Hayes Pond Road – Observation by a Commissioner, of extensive, unauthorized cutting, done in the BZ of Hayes Pond in Otis. Dave opened this hearing and invited applicant to address the Commission. Mr. Charles Rosenblum was in attendance of this hearing, and is here to answer to the issued Enforcement Order, for unauthorized cutting. Mr. Rosenblum stated that he lost his contractor for doing pruning, etc., and hired someone new, and had them do work that was not supposed to be done without approval. Mr. Rosenblum apologized and asked for a continuance until December 2019 meeting, so that he can hire a wetlands person to come out and work with him to establish planting plan, etc., to make up for what was cut down without approval. Dave made a motion to ratify the enforcement order, RM 2nd the motion and the Commission voted unanimously to ratify the EO. Then Dave made a motion to continue this hearing, until the December 2019 meeting, so that owner can hire someone, and get the proper paperwork filed with this Commission, for work already done, and for work to do planting, etc., to mitigate the cutting that was done without approval. BW 2nd this motion and the Commission voted unanimously to continue the EO, until December 2019 meeting, when applicant will come back before the Commission. Dave asked that we keep the EO on the agenda, as a reminder to follow up, if paperwork is not received in time for December 17, 2019 meeting.

 

  • 46 South Gate Island Road, John Benevento – Unauthorized work done in the BZ of Otis Reservoir. Dave opened this hearing and invited applicant to address the Commission. Mr. John Benevento was in attendance of this hearing, and approached the Commission. Dave asked the property owner to speak to the work that was done in the BZ of OR, without any permission prior, from the issuing authority. Mr. Benevento stated that he was not aware that he had to file to fix an area up on his property that was in terrible disrepair, namely removing a path that again was in bad disrepair. Abutters to this property, were also in attendance, and they have a chapter 91 license, granting them ROW access, and they felt that by removing the path/access to the water, Mr. Benevento has made it difficult for the abutter to access the area. Mr. Benevento stated that he would hire a contractor to do a new survey of the area in question, as Mr. Benevento believes this is within his right as the owner of the property. Dave therefore made a motion to continue this hearing until December 2019 meeting, to allow time for Mr. Benevento to get a new survey completed, and an RDA filed for the work he did without approval. Dave made a motion to ratify this enforcement order; RM 2nd the motion and the Commission voted unanimously to ratify this enforcement order. Dave then made a motion to continue this hearing until the December 17, 2019 meeting, so that Mr. Benevento would have time to get a newly completed survey of the property in question, as well as file the RDA paperwork for the work done without approval. BW 2nd the motion and the Commission voted unanimously to continue this matter until the December 2019 meeting.

 

Emergency Certifications:

 

Forest Cutting Plan

 

Certificate of Compliance Requests:

 

  • Public Hearing – Request for COC – Continued from August – Submitted by Alicia & Gary Belanger, 20 Pine Road Ext., map 17C lot 94, regarding the repair to seawall, stairs and dock area, condition under approved OOC 254-0406. Dave opened this hearing and asked the Commission if there were any outstanding questions stemming from the site inspection that was completed for this project/OOC, and per RM, they are now all set, and do not have any questions on the completed project. Dave therefore made a motion to issue a COC for the work completed under this Order of Conditions. RM 2nd the motion and the Commission voted unanimously to issue a COC for the work completed under this Order of Conditions.

 

 

Unanticipated Business:

 

 

Next office hours:  Wednesday, October 2, 2019 from 6-9 p.m. at Otis Town Hall.

Next meeting:  Tuesday, October 22, 2019 at 6:00 p.m. at Otis Town Hall. Meeting adjourned at 7:13 PM.