TOWN OF OTIS
CONSERVATION COMMISSION
11/22/2022 MEETING MINUTES
Location: Otis Town Hall, One North Main Road, Otis – In Person Meeting
Conservation Commission Members present: Dave Sarnacki, Roger Meyer, Bruce Wall (by Phone), Jeff Laramy, Domenic Battista, Jennifer River Cole.
Conservation Commission Members absent: None.
Staff and others present: Kristen Brown OCC Admin Secretary, Andy Kutz, Eric Hollander, James Crowe, Ken Gordon.
Opening items/Introduction of Commission members and staff. Dave opened the meeting at 6:00 p.m., and noted that the meeting is being recorded. The deadline for applications for the 12/20/2022 meeting is on Wednesday December 7, 2022 @ 6:00 PM. The next office hours, for the December 20, 2022 meeting, is also Wednesday December 7, 2022 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 minutes from the October 18, 2022 meeting; DB 2nd the motion and the Commission voted unanimously to approve the minutes from the October 18, 2022 meeting.
- Public Hearing – RDA – Submitted by Red Branch Landscape Const. LLC, on behalf of David Maclean, 53 Bens Way, map 15D lot 114, regarding the removal of assorted brush & trees, restoration of existing seawall & planting of native bushes/shrubs within the BZ of Otis Reservoir. Dave opened this hearing and asked if any questions or concerns stemming from the site inspection. Per DB, no issues as they are not digging to restore the seawall, however, will need to obtain any other required permits from MA DCR and MA DEP, respectively. Therefore, Dave made a motion for a -3 determination with standard to include applicant must obtain any other required permits from MA DEP/DCR. DB 2nd the motion and the Commission voted unanimously to issue a -3 determination with standard conditions as outlined above.
- Public Hearing – RDA – Submitted by Rob Kutz & Ken Gordon, 155 & 156 Kibbe Road, maps 17C lots 67 & 47, regarding the removal of eleven trees within the BZ of Otis Reservoir. Dave opened this hearing and asked if any issues from site inspection. Per JL, another one where permits must be obtained by MA DCR/DEP respectively & as required. Dave made a motion for a -3 determination w/standard conditions including that applicant must obtain any other required permits from MA DCR/DEP before work can commence; DB 2nd the motion & the Commission voted unanimously to issue a -3 determination with standard conditions as outlined above.
- Public Hearing – RDA – Submitted James F. Crowe, 199 Brookman Drive, map 18C lot 55, regarding the removal & replacement of existing dock within the BZ of Otis Reservoir. Dave opened this hearing and asked if any issues stemming from the site inspection; no issues as only replacing existing dock, same footprint. With that being said, Dave made a motion to issue a -3 determination with standard conditions, to include applicant must obtain any other required permits from MA DEP/DCR before work can commence; BW 2nd the motion & the Commission voted unanimously to issue a -3 determination with standard conditions as outlined above.
- Public Hearing – RDA – Submitted by William & Nancy Riley, 189 Brookman Drive, map 18C lot 56, regarding the removal & replacement of existing dock within the BZ of Otis Reservoir. Dave opened this hearing and asked if any questions or concerns from site inspection. Dave opened this hearing and asked if any issues stemming from the site inspection; there are no issues as applicant is replacing an existing dock, within the same footprint, permits from DEP/DCR apply here as well. Dave made a motion to issue a -3 determination with standard conditions, to include applicant must obtain any other required permits from MA DEP/DCR before work can commence; RM 2nd the motion & the Commission voted unanimously to issue a -3 determination with standard conditions as outlined above.
- Public Hearing – NOI – Continuation from the 10/18/22 meeting – Submitted by Eric Hollander, 52 Drive G, map 18C lot 9, regarding the replacement of existing seawall, restoration of storm drains, plantings and regrade, all within the BZ of Otis Reservoir. Dave opened this hearing and asked if OCC had received any supporting docs as yet, and Er4ic was in attendance, and stated that he is having difficulty obtaining the documentation required for an NOI. Bruce stated that the best path forward in that case was for applicant to get an official survey completed, so that the Commission can see exactly where the property lines are & where the project falls within. Therefore, Dave made a motion to continue this hearing to the 12/20/22 meeting, to allow applicant to get a professional survey done on the site; JL 2nd the motion and the Commission voted unanimously to continue this hearing as outlined above.
OTHER BUSINESS
Enforcement Orders/Letters:
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- Enforcement Order – Tree removal within a protected area w/o prior Permission – Gary Belanger, 20 Pine Road Extension. On this agenda for follow-up on RDA required. Dave opened this hearing and recused himself as is his abutting neighbor; Bruce asked if the RDA submittal was received yet, and per KB, no. Bruce stated that since Concom agreed that applicant could plant in the spring, they may have misunderstood that they should put in an RDA right away; Bruce then made a motion to have KB contact applicant to advise RDA must be placed right away for the planting in the spring; RM 2nd the motion & the Commission voted unanimously (minus Dave who is recused) to have KB contact applicant to clarify RDA should be submit immediately.
Emergency Certifications:
Forest Cutting Plan:
Extensions of Orders of Condition:
Certificate of Compliance Requests:
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- Public Hearing – Request for COC – Submitted by Marc Bergeron, 81 Vine St., map 16C lot 21-1, regarding work completed under Order of Conditions issued for DEP file number 254-0435. Dave opened this hearing and asked if any issues, with none being stated, Dave made a motion to issue a COC for this Order. RM 2nd the motion & the Commission voted unanimously to issue a COC.
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- Public Hearing – Request for COC – Submitted by Atty. Dennis E. Tully, 139, 160, 162 High Rise Road, map 11 lots 106 & 117, regarding work completed under Order of Conditions issued for DEP File number 254-0378. Dave opened this hearing and asked if any issues, with none being stated, Dave made a motion to issue a COC for this Order. BW 2nd the motion & the Commission voted unanimously to issue a COC.
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- Public Hearing – Request for COC – Submitted by Michael H. Smith, 71 Benton Drive, map 10E lot 49, regarding work completed under Order of Conditions issued for DEP file number 254-0197. Dave opened this hearing and asked if any issues, with none being stated, Dave made a motion to issue a COC for this Order. JL 2nd the motion & the Commission voted unanimously to issue a COC.
Unanticipated Business:
Next office hours: Wednesday, December 7, 2022 from 6-9 p.m. at Otis Town Hall.
Next meeting: Tuesday, December 20, 2022 at 6:00 p.m. at Otis Town Hall, or Remote via Zoom.
Dave made a motion to adjourn the meeting at 6:34 PM. BW 2nd the motion and the Commission voted unanimously to adjourn the meeting.