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TOWN OF OTIS
CONSERVATION COMMISSION
10/22/2019 MEETING MINUTES
Location: Otis Town Hall, One North Main Road, Otis
Conservation Commission Members present: Dave Sarnacki; Roger Meyer; Bruce Wall; Jeff Laramy; Domenic Battista.
Conservation Commission Members absent: None
Staff and others present: Kristen Brown OCC Admin Secretary; Bob Mason with MA DCR; Don Chaffee w/Chaffee Construction; Don Bergeron; Mike Kulig w/Berkshire Eng., Inc.; Greg Doot w/Doot Construction; David & Carol Fishman; Emily Stockman w/Stockman & Associates; Charles Rosenblum.
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 November 19, 2019 meeting is on Wednesday November 6, 2019 @ 6:00 PM. The next office hours, for the November 19, 2019 meeting, is November 6th, 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 the minutes from the September 17, 2019 meeting; RM 2nd the motion and the Commission voted unanimously to approve the minutes from the September 17, 2019.
- Public Hearing – RDA – Submitted by Town of Otis, Tyringham Rd., maps 9B & 13A, regarding the full depth reclamation of existing blacktop 6600’ x 22’ & repaved with 3.5”s of hot mix asphalt, along with the edge backed up with 3” crushed stone, from the intersection of Monterey Rd., to the Tyringham Town line. Dave opened this hearing and asked the Commission if any issues, since this is a town paving project, and per RM, no issues at all. Dave made a motion for a -2 determination, with no conditions; RM 2nd the motion and the Commission voted unanimously to issue a -2 determination with no conditions.
- Public Hearing – RDA – Submitted by James Henry, 80 Leonard Road, map 11F lot 1, regarding the removal of one dead hemlock tree in the BZ of Big Pond. Dave opened this hearing and invited applicant to address the Commission. No one was in attendance, as there were no questions, and therefore, Dave made a motion to issue a -3 determination with the following conditions: only one tree to be removed under this order; bio-oil only in chainsaw(s); stump cut flush with ground; debris to be removed immediately, or covered; no heavy equipment in 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 Sharon E. Johnson, 209 Ray Hubbard Road, map 16A lot 45, 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 so applicant did not need to attend. Tree is definitely dead and needs to come down. Dave made a motion for a -3 determination with the following conditions: only one tree to be removed under this order; bio-oil only in chainsaw(s); stump cut flush with the ground; debris to be removed immediately, or covered; no heavy equipment in 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 Don Chaffee on behalf of Stan & Fran Bogaty, 237 Brookman Drive, map 18C lot 35, regarding the demo and rebuilding of stone seawall, all by hand, in the BZ of OR. Dave opened this hearing and invited applicant to address the Commission. Don Chaffee was in attendance on behalf of applicant. Dave indicated right off the bat, that the Commission requires a NOI be filed for this work, even though the seawall work will all be done by hand, dry wall, with no cement. Dave made a motion to issue a +1 determination, which states that the work will be done in a resource are subject to protection and therefore will require an NOI filing; BW 2nd the motion and the Commission voted unanimously to issue a +1 determination as stated above.
- Public Hearing – RDA – Submitted by Berkshire Engineering, Inc., on behalf of James Taub, 416 Lion Hill Road, map 11 lot 34, regarding the replacement of existing septic system with a new one (incl. tank & pump-chamber), in the BZ of a wetlands resource, near Big Pond. Dave opened this hearing and invited applicant to address the Commission. Mike Kulig was in attendance on behalf of applicant. Dave asked if there were any questions stemming from the site inspection, per RM no questions, plans are well thought out and project is straight forward. Dave made a motion for a -3 determination with the following conditions: No heavy equipment in the resource area; debris removed or covered immediately; any EC to be installed and inspected prior to work start; 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 Andrew Boyne on behalf of Barbara Peel, 358 Stanley Road, map 16A lot 5, regarding removal and replacement of shed with hand and electric tools, in the BZ of BP. 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 questions, the plans were very specific and the layout will not negatively affect the lake or surrounding areas. Therefore, Dave made a motion for a -3 determination with the following conditions: No heavy equipment in the resource area; debris removed or covered immediately; any EC to be installed and inspected prior to work start; all work to be staged and prepped outside the BZ; 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 Doot Construction on behalf of Joanne & Glenn Goldstein, 422 Lion Hill Road, map 11E lot 33, regarding the demo of existing house and building of new house in same footprint and a new well, in the BZ of Big Pond. Dave opened this hearing and invited applicant to address the Commission. Greg Doot was in attendance on behalf of applicant. Dave asked if there were any questions stemming from the site inspection. RM asked where the slurry pit would be for the well and Greg pointed this out on the plans. With no other questions, Dave made a motion for a -3 determination with the following conditions: No heavy equipment in the resource area; debris removed or covered immediately; any EC to be installed and inspected prior to work start; all work to be staged and prepped outside the BZ; 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 Marc Bergeron on behalf of William & Nancy Amanti, 26 Pine Road Ext., map 17C lot 96, regarding the removal of existing addition to house, and rebuilding of a new larger addition in the same location, in the BZ of OR. Dave opened this hearing and invited applicant to address the Commission. Marc was in attendance on behalf of applicant, and approached the Commission. Dave asked if there were any questions stemming from the site inspection, and per BW, everything looked great on the plans, and the property, and there were no questions. Dave then made a motion for a -3 determination with the following conditions: No heavy equipment in the resource area; debris removed or covered immediately; any EC to be installed and inspected prior to work start; all work to be staged and prepped outside the BZ; 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.
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. Ratified in September 2019; on agenda for reminder to Follow Up. Dave opened this hearing and invited property owner and his agent to address the Commission. Emily Stockman was in attendance on behalf of Mr. Rosenblum, who was in attendance as well. Mr. Rosenblum hired Emily to work out the issues with his property and the extensive cutting that had been done without approval. Emily presented to the Commission that she would like to do a site inspection with the Commission, and then she will file the appropriate paperwork to get the approvals in place. Therefore, Emily requested that Mr. Rosenblum be provided time until the December 16, 2019 meeting, where they will file the paperwork. The Commission agreed and Dave made a motion to keep this on the agenda as a reminder, until which time that the correct paperwork is filed in December 2019. RM 2nd the motion and the Commission voted unanimously to keep this on the agenda as a reminder, until which time that the correct paperwork is filed in December 2019.
- 46 South Gate Island Road, John Benevento – Unauthorized work done in the BZ of Otis Reservoir. Ratified in September 2019; on agenda for reminder to Follow Up. Dave opened this hearing to see if there was any paperwork filed for the work done without approval, per KB no communication has been received by this Commission, but property owner has until the December 2019 meeting to present a filing and survey to the Commission. Dave made a motion to leave this on the agenda as follow up; RM 2nd the motion and the Commission voted unanimously to leave this on the agenda as reminder for follow up.
Emergency Certifications:
Forest Cutting Plan
Extensions of Orders of Condition:
Certificate of Compliance Requests:
Unanticipated Business:
Next office hours: Wednesday, November 6, 2019 from 6-9 p.m. at Otis Town Hall.
Next meeting: Tuesday, November 19, 2019 at 6:00 p.m. at Otis Town Hall. Meeting adjourned at 7:07 PM.