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TOWN OF OTIS
CONSERVATION COMMISSION
09/19/2018 MEETING MINUTES
Location: Otis Town Hall, One North Main Road, Otis
Conservation Commission Members present: Dave Sarnacki, Jeff Laramy, Bruce Wall and Roger Meyer
Conservation Commission Members absent: Domenic Battista and Rene Dube’.
Staff and others present: Kristen Brown OCC Admin Secretary; John Kovich, with MA DCR; Rosalie Starvish with GZA ENV.; Chris Tryon w/BGT; Doug and Janet Baker;
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 deadline for applications for the October 16th 2018 meeting is on Wednesday October 3, 2018 @ 6:00 PM. The next office hours, for the October 16, 2018 meeting, is October 3rd from 6:00 –9:00 PM. Dave 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.
Minutes: Dave made a motion to approve the minutes from our August 21, 2018 meeting with revisions; RM 2nd the motion and the commission voted unanimously to approve the minutes from the August 21, 2018 meeting, with the noted revisions.
- Public Hearing – NOI – Submitted by GZA Environmental Inc., on behalf of MA DCR, Tolland State Forest Campground Beach Area, map 17 lot 46, regarding the beach erosion mitigation project in the BZ of OR. Dave opened this hearing and invited applicants to address the Commission. In attendance on behalf of the owner is GZA Environmental engineer Rosalie Starvish. Rosalie opened the plans and proceeded to outline the area, as well as the proposed project, at the Beach in Tolland State Forest, on Otis Reservoir. She also reviewed the current set-up and distribution of the local stormwater runoff. Dave asked if that runoff daylights at the reservoir, and per Rosalie, they did not see nor find where the runoff daylights anywhere, but in any case, they have proposed no changes to the current set-up for stormwater runoff. Per John with DCR, it daylights in the grassy area near the beach. In addition, per Rosalie, the designed the project to improve upon, and based on the stormwater management standards criteria and regulations. Upon her review of all aspects of the area and project stages, she asked the Commission if there were any questions stemming from the inspection that was done at the site. BW indicated that we need to make sure that the stormwater standards are followed, per MA DEP comments. Rosalie indicated that they will be doing that, and they will keep a logbook (per stormwater management standards), and the logbook will be kept at the gatekeeper house, per John Kovich with DCR. BW reviewed that drawdown starts in October 2018, when they open the gates of OR, and then drawdown ends when the gates close in January 2019 sometime. Dave made a motion to issue an Order of Conditions with standard conditions, as well as special conditions, and stormwater standards. BW 2nd the motion and the Commission voted unanimously to approve and issue an Order of Conditions, with standard conditions as well as special conditions.
- Public Hearing – NOI – Submitted by Janet Baker with Outdoor Services, on behalf of Wayde McMillan, 633 Pine Rd., map 17D lot 20, regarding the upgrade of boat lift and stairs added to the stone shoreline wall, in the BZ of OR. Dave opened this hearing and invited applicant to address the Commission. In attendance were Janet & Doug Baker, on behalf of owners. Dave indicated there were several questions: What are they using for piers on the boatlift, and Doug indicated that they would an electric hydraulic lift, in the confines of the boathouse so no piers. Dave asked if there was a Chapter 91 license, and Doug said that yes they do, and that brought up questions about a timber wall that used to be on the site, and now there is a stonewall. Mark w/DEP wants to know when the timber wall changed to a stone wall, without any filings nor orders issued for this work over the years. Per Doug, they have proof that that was all existing by the time their client began ownership of the property, and that the stone wall is also on the Chapter 91 license, which is associated with the deed as well. The Bakers are also revising the existing Chapter 91 with MA DEP. KB will give Janet Dave Foulis email to make sure they are doing right by the existing license. There were no other questions stemming from the site inspection. Therefore, Dave made a motion to approve and issue an Order of Conditions for this NOI, with the standard conditions, and special conditions, including to complete the process of revising the Chapter 91 license. RM 2nd the motion and the Commission voted unanimously to approve and issue an OOC with the standard conditions, as well as added special conditions.
- Public Hearing – RDA – Submitted by Dorothy J. Pelikan, 14 S. Lake Ave., map 18A lot 46/47, regarding alterations to the existing stairwell from the shed to existing dock, in the BZ of OR. Dave opened this hearing and invited applicants to address the Commission. Roger Meyer recused himself from this hearing as he is the contractor on record for this project. Dave asked the Commission if there were any questions from the site inspection. Per RM all he is doing is changing the direction of the stairs so that they are not as steep as they are now. The owners are elderly, and by tapering the steps, they will be safer to use. That being said, Dave made a motion for a -3 determination with the following conditions: no heavy equipment in the resource area; all debris removed or covered immediately; 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 Berkshire Geo-Technologies, on behalf of Jolanta & Tomasz Chrzan, 55 N. Lake Ave., map 18 lot 36, regarding the reconstruction of existing dock on OR. Dave opened this hearing and invited applicant to address the Commission. Chris Tryon with BGT was in attendance for this hearing on behalf of applicant. Per Chris, they are withdrawing this RDA. Dave made a motion to withdraw the RDA, RM 2nd the motion and the Commission voted unanimously to withdraw this RDA.
- Public Hearing – RDA – Submitted by Joseph & Lynn Vedovato, 88 E. Shore Rd., map 12B lot 30, regarding the installation of 2 piers, hand dug, to stabilize 12’ x 12’ room on SW corner of house, in the BZ of Big Pond. Dave opened this hearing and invited applicant to address the Commission. Per Dave there were no questions from the site inspection, and per RM the plans were straight forward and they are OK with the project as proposed. Dave made a motion for a -3 determination, with the following conditions: any EC needs to be installed and inspected by OCC prior to work start; all debris removed or covered immediately; no heavy equipment in the resource area; 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 Barry Ohlson, 2 Big Island, map 12A lot 2, regarding the removal of one dead black birch tree in the BZ of Big Pond. Dave opened this hearing and invited applicant to address the Commission. No one in attendance for this hearing, however, there were no question from site inspection, the tree is dead and needs to come down. Dave made a motion for a -3 determination with the following conditions: bio-oil only in chainsaw(s); debris to be removed immediately from the resource area; stump cut flush with ground; 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.
- Public Hearing – RDA – Submitted by Berkshire Geo-Technologies, on behalf of Gary Boulay, 64 Phelps Rd., map 7 lot 1, regarding the installation of a sub-surface disposal system located within the BZ of Watson Pond. Dave opened this hearing and invited applicant to address the Commission. Chris Tryon with BGT was in attendance on behalf of applicant. First question from Dave, is that the Commission could not locate the test pits done for this project, and would like to know where they were done, and why they could not locate. Per Chris, the test pits were done approx. 2 to 3 years ago. That explains why the Commission could not locate. Also, drawing was not stamped. No trees were marked for removal. There were several concerns. Per Chris, they are tucking right next to the driveway, away from the water as far as possible. Because of all the concerns with this project, Dave made a motion to continue this hearing until next meeting (October 16 2018) when more info can be provided to the Commission. BW 2nd the motion and the Commission voted unanimously to continue this hearing until the October 16, 2018 meeting.
- Public Hearing – RDA – Submitted by Berkshire Geo-Technologies, on behalf of Craig Tighe, 14 Phelps Rd., map 7 lot 9, regarding the installation of a sub-surface disposal system located within the BZ of Watson Pond. Dave opened this hearing and invited applicant to address the Commission. Chris Tryon with BGT was in attendance on behalf of the applicant. Per Dave, this was another case as in above hearing/property, where the Commission could not find any of the test pits, nor bench marks as outlined on the filing. There as a definite lack of info provided, which made it difficult to do a proper site inspection. Per Chris, was done in 2006, on the front of the house. Per BW, we are good with the perc done in 2005, ad BW checked with Jack, and they are grandfathered in. Dave asked if any there questions or concerns, and there is not with this project, since it is cleared with the question of the test pits and perc test. Dave 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; all debris to be removed or covered daily; OCC reserves the right to inspect the 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 Berkshire Geo-Technologies, on behalf of Frederick Altice, 97 D’Wolfe Dr., map 7 lot 1, regarding the removal of 4 trees within the BZ of Watson Pond. Dave opened this hearing and invited applicants to address the Commission. Chris Tryon was in attendance on behalf of applicant. Dave asked what the intent is for the stumps, per Chris, the stumps will be cut flush with the ground. The tops are dying, and are in danger of falling and damaging the house. Since no other concerns, Dave made a motion for a -3 determination with the following conditions: bio-oil only in chainsaw(s); no heavy equipment in the resource area; debris removed or covered immediately; OCC reserves the right to inspect the property for a period of 3 years from the date of approval. RM 2nd the motion and the Commission voted unanimously to issue a -3 determination with the above conditions.
- Public Hearing – RDA – Continuation – 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. Dave opened this hearing and invited applicant to address the Commission. Chuck Nelson was in attendance for this project. Dave explained to applicant that since their representative was not in attendance for the site inspection, the Commission was unable to get the answers to questions, nor the proper site plans, scope of work. Per Dave, the filing was very cursory, and with all due respect, what was submit was inefficient to make an educated decision. Chuck indicated that he was quite disappointed with the process followed with this filing, as it was erroneously reported to him that his filing was approved. This was a mistake made by Commission personnel, and apologies for the mistake were provided to applicant, in writing. That being said, to move forward we would need all that was stated above to move forward with this filing. Chuck said OK and got up to leave the room, and Dave asked if he was just leaving without a vote, and he replied that yes, he was leaving, as he felt the Commission was not going to allow him to move forward. Therefore, Dave made a motion to drop the RDA; RM 2nd the motion and the Commission voted unanimously to drop the project/filing per applicant request.
OTHER BUSINESS:
Enforcement Orders/Letters:
Emergency Certifications:
Forest Cutting Plans:
Extensions of Orders of Condition:
Certificate of Compliance Requests:
- Public Hearing – Request for COC –Submitted by Kristen F. Malone, on behalf of Brookman A, Association, 0 South Lake Ave., DEP File #254-0404, regarding rebuilding of existing dock, and ramp, in the BZ of OR. Dave opened this hearing and asked the Commission if everything looked complete and good at the subject property, per RM all looks good. Therefore, Dave made a motion to issue a COC for this request. RM 2nd the motion and the Commission voted unanimously to approve and issue a COC.
Unanticipated Business:
Next office hours: Wednesday, October 3, 2018 from 6-9 p.m. at Otis Town Hall.
Next meeting: Wednesday, October 16, 2018 at 6:00 p.m. at Otis Town Hall. Meeting adjourned at 7:29 PM.