TOWN OF OTIS
CONSERVATION COMMISSION
10/24/2017 MEETING MINUTES
Location: Otis Town Hall, One North Main Road, Otis
Conservation Commission Members present: Dave Sarnacki, Roger Meyer, Bruce Wall, Domenic Battista, and Jeff Laramy.
Conservation Commission Members absent: Renee Dube’
Staff and others present: Kristen Brown OCC Admin Secretary; Bob Mason with MA DCR; Rick Woodward, with MASS DCR; Theresa Smith; Susan O’Donnell; Chris Tryon; Robert Brodeur; John Kane.
Opening items/Introduction of Commission members and staff. Dave Sarnacki opened the meeting at 6:00 p.m., and he noted that the meeting is being recorded. The deadline for applications for the November 21st meeting is November 1, 2017 @ 6:00 PM. The next office hours, for the November 21st meeting, is November 1st from 6:00 – 9:00 PM. Dave introduced the members of the commission, as well as 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 our September 19, 2017 meeting, with revisions, as outlined from review; BW 2nd the motion and the commission voted unanimously to approve the minutes from the September 19, 2017 meeting, with revisions.
- Public Hearing – RDA – Submitted by Susan O’Donnell, 351 Latimer Hill Road, map 16A lot 34, regarding replacement of existing 80 YO structure, with new structure 20’ x 24’, that will be the same distance from resource area, and attached to the main cabin by a 6’ x 6’ enclosed connector. Dave opened this hearing and invited applicants to address the Commission. Bill Dyer was in attendance on behalf of the applicant. Dave mentioned concerns that were brought up at the site inspection. Susan O’Donnell sent an email addressing all issues: EC – added to go along the channel side of the house; Dave asked Bob about the mountain laurel, and per KB, per applicant one bush of the Mt. Laurel will need to come out but the rest would stay; also confirmed no planned canopy cutting; only one stump will come out that will be in the way of construction, the rest will be cut flush with the ground. Per Dave he made a motion for a -3 determination with the standard conditions, including bio-oil in the chainsaws and machines; all debris to be removed daily; all EC to be installed prior to work start, and inspected by OCC; OCC reserves the right to inspect 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 Smith Family Living Trust/Theresa Smith, Trustee, 63 Partridge Rd., map 16A lot 15, regarding removal of dead trees, and pruning of several others, all in the BZ of Big Pond. Dave opened this hearing and invited applicant to address the Commission. No one is in attendance for this meeting however, there are no questions so Dave made a motion for a -3 determination with the standard conditions, including bio oil in chainsaws, stumps cut flush, and debris removed 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.
- Public Hearing – Request for Certificate of Compliance – Submitted by Vincent Staskiewicz, Tannery Rd., map 6 lot 1288, regarding the request for a COC. Dave opened this hearing and invited applicant to address the Commission, although applicant is primary caregiver for his wife so he cannot attend. Per RM, the work was NOT completed so therefore, they cannot issue a COA for work completed, but can issue an invalid COC, to close the OOC. Dave made a motion for to issue the COC as an invalid OOC. Rm 2nd the motion and the Commission voted unanimously to issue an invalid COC for incomplete work project.
- Public Hearing – RDA – Submitted by Thomas Bagwell Jr & Joanne C DiLoreto, 49 Kibbe Point Rd., map 17D lot 38, regarding repairs to existing seawall on Otis Reservoir. Dave opened this hearing and invited applicant to address the Commission. Tom is away on vacation but indicated that if we need to as any questions, he will be available by phone. Dave asked the Commission about the questions from site inspection, and KB indicated that Tom answered these questions via email, and presented to Dave for review; Dave passed file to BW, and he is OK with the answers. Applicant has a chapter 91 license, and is moving the seawall back towards his property so he is giving up a little to the state land below high water mark (1.5 feet). Tom also submit his planting plan for the yard near the seawall, as well as additional grass. Applicant is also installing EC for the entire length of the wall. Dave made a motion for a -3 determination with the standard conditions, to include EC to be installed and inspected prior to work start; OCC has the right to inspect for 3 years from date of approval; all debris to be removed or covered daily. Rm 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 Berkshire Geo-Technologies, on behalf of Daniel M & Janet E. Cassanelli, 489 Pine Rd., map 17B lot 56, regarding the installation of a 1500 gallon septic tank, 1000 gallon pump chamber & force main, all within 100’ BZ of OR. Dave opened this hearing and invited applicant to address the Commission. Chris Tryon was in attendance on behalf of applicant. Per RM, there were no issues nor need for EC. Per Dave, there were no concerns with any of the plans. Dave therefore made a motion for a -3 determination with the standard conditions, to include OCC reserves the right to inspect 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 Chris Tryon with Berkshire Geo-Technologies, on behalf of John & Deborah Kane, 47 N. Lake Ave., map 18 lot 37, regarding the repair of existing deteriorating seawall, repair/extension of existing dock, removal of trees, construction of a stone patio sitting area, deck and addition on an existing dwelling. Dave opened this hearing and invited applicant to address the Commission. Chris Tryon was in attendance on behalf of applicant. Dave asked if there are any questions regarding this NOI; per Bob Mason, what is the black line – it is not connected to anything so it will be removed. There is a Chapter 91 license for the existing seawall and one dock, per Chris – yes, the chapter 91 covers all. Chris also flagged the work and it is considered bank work by MASS DEP. Therefore, there is no land under water work per Mark S. with MASS DEP. Chris flagged at 2 spots, where the ramp runs to the reservoir. Next question, is same existing material being used – per Chris – yes, they will use all original existing material, and more if needed to complete, but any new material will be the same as existing. Trees will be ground down by the water, and by the back of the house, they will be removed, and the smaller stuff will be cut flush with the ground. All trees and brush will be removed off site on a daily basis/as created since there is limited space. Bob asked how many of the trees are on state property (below high water mark)? Per Chris, about 12 are on state land but includes dead underbrush and small trees, and they are doing additional plantings, that I added to the file, which includes the shrubbery and trees included in the planting plan. The goal is to create a nice lawn behind the wall, with short shrubs on the backside of the seawall to create a vegetative buffer. Chris also said he will send us a copy of the Chapter 91 license, and the revision, so that we have for our file. Dave also wants to make sure that bank work is the appropriate marking for the NOI, and per Mark S., it is the correct selection on the NOI. Dave asked if any other concerns, none indicated so Dave made a motion to issue and approve an OOC with the standard conditions, as well as to make sure that the Chapter 91 license is in process with MASS DEP, and approval submitted prior to the start of the dock work. RM 2nd the motion and the Commission voted unanimously to approve and issue an OOC for this project.
- Public Hearing – RDA – Submitted by Tomasz Chrzan, 55 N. Lake Ave., map 18A lot 36, regarding the removal of 3 large trees, as well as construction of a permanent canopy over their existing boat-lift. Dave opened this hearing and invited applicant to address the Commission. Tomasz was in attendance and provided the chapter 91 license to the Commission. However, what applicant provided was a receipt for the filing of a chapter 91 license, but not the actual issuance itself. KB indicated at this time, OCC can approve the tree work, and deny the dock/boatlift canopy piece. Dave made a motion for a -3 determination to approve the removal of the proposed trees with the following conditions: no construction of canopy nor garage over the boatlift; only bio oil in chainsaws; stumps cut flush with the ground, debris removed immediately; OCC reserves the right to inspect property for 3 years from date of approval; applicant must apply for a chapter 91 license. RM 2nd the motion and the Commission voted unanimously for a -3 determination with the above conditions.
- Public Hearing – NOI – Continuation – Submitted by Mitchell Chambers, 45 Pine Grove Ridge, map 15D lot 97, regarding the repair of the north facing retaining wall facing OR, due to disrepair caused by frost and resulting erosion from adjacent land. Dave opened this hearing and invited applicants to address the Commission. Doctor Chambers was not in attendance for this hearing. We received the $75.00 check for the legal notice, but KB reminded the Commission that we needed more info, and I emailed applicant. Dave made a motion to continue this hearing until the November 2017 meeting; RM 2nd the motion and the Commission voted unanimously to continue this NOI until the November 2017 meeting.
- Public Hearing – NOI – Continuation – Submitted by Robert Brodeur, 64 S. Lake Ave., map 18B lot 4, regarding the repair/replacement of existing concrete seawall & wooden structure dock w/concrete pilings, as well as replacement of stairs and patio that are in disrepair. Dave opened this hearing and invited applicant to address the Commission. Robert Brodeur was in attendance for this hearing. Dave asked if he has a chapter 91 yet, and Rob indicated that we already have it as dropped off to Bruce. KB confirmed that we do have the Chapter 91 filing copies. Dave also asked a couple questions about the stone work, to which Rob submit a narrative from Pat O’Brien. Dave read the submittal and indicated that the narrative is still somewhat lacking in descriptive information. Existing concrete is basically falling apart, so they are replacing the cement to make it sturdy and safe, instead of falling down. Rob is still working with MASS DEP on the chapter 91 and the size and placement of the docks, as per regs. Dave Foulis, or Dave Cameron with MASS DEP will have to review the specs and placement on the dock(s) for final approval, beyond OCC. Based on all info submit and answered by applicant, Dave made a motion to approve and issue an Order of Conditions, with the standard conditions, to include that existing footprint be maintained for the docks and seawall, debris to be removed or covered daily, OCC reserves the right to inspect the property for 3 years from date of approval; no heavy equipment allowed in the resource area. RM 2nd the motion and the Commission voted unanimously to approve and issue an OOC with the above mentioned conditions.
OTHER BUSINESS:
Enforcement Orders/Letters:
- Normand & Elayne LeBeau, 61/67 North Gate Island Road, map 17C lots 19 & 30, regarding the unapproved work and/or alteration of the BZ of the OR; work done in the area that which under OOC issued for DEP File 254-0280, special condition 28, was supposed to stay vegetative buffer. Dave opened this hearing and asked if owner was in attendance. Per KB, owner’s attorney, Louis Moore, emailed and asked for a final continuance on this matter, until our December 2018 meeting so that they can complete requirements as defined by OCC. Dave made a motion to continue this hearing until the December 19th 2017 meeting, for the final time; RM 2nd the motion and the commission voted unanimously to continue this EO until the December 19th, 2017 meeting.
Emergency Certifications:
Forest Cutting Plans:
Extensions of Orders of Condition:
Certificate of Compliance Requests:
Unanticipated Business:
Next office hours: Wednesday, November 1, 2017 from 6-9 p.m. at Otis Town Hall.
Next meeting: Tuesday, November 21, 2017 at 6:00 p.m. at Otis Town Hall. Meeting adjourned at 7:40 PM.