TOWN OF OTIS
CONSERVATION COMMISSION
3/21/2016 MEETING MINUTES
Location: Otis Town Hall, One North Main Road, Otis
Conservation Commission Members present: David Sarnacki, Roger Meyer and Domenic Battista
Conservation Commission Members absent: Bruce Wall and Jeff Laramy
Staff and others present: Kristen Brown Secretary; Justin Hyland; Rob Levesque (from R. Levesque); John Wagner; Wendy Gendron (Aquatic Rest. Cons.); Jeff Castellan (Solitude Lake Mgmt.).
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 April 18th meeting is April 5, 2016 @ 3:00 PM. The next office hours, for the April meeting, is April 5th from 6:00 – 9:00 PM. Dave introduced the members of the commission. Dave asked everyone to turn off/down their cell phones for the duration of the meeting.
Minutes: The minutes from our February 2016 meeting were approved unanimously.
Public Hearing – RDA – Submitted by Justin Hyland, on behalf of George Cohen, 738 Algerie Road, map 12A lot 34, regarding repair and maintenance of existing walkways &structures in the BZ of Big Pond. Dave opened the hearing and invited Justin to address the commission; Dave indicated that after site visit, the RDA is very vague – too vague in fact for the commission to make a judgement. Dave asked Justin to bring more info to the next meeting on everything that is requested to be done. Justin said he understands and that the work is definitely in a wetland. Justin said he will provide the commission with the scope of work next month. Justin asked for a continuance until next month’s meeting. Dave made a motion to continue the hearing until April 18, 2016; RM 2nd the motion and the commission unanimously approved the continuance until the April 2016 meeting.
Public Hearing – RDA – Submitted by Aquatic Restoration Consulting on behalf of DCR Lake & Ponds Program, off Reservoir Road, maps 15C & 16B, regarding the hand/suction harvesting of invasive species Watermilfoil in the OR. Dave opened the hearing and invited applicant to address the commission. Wendy Gendron with Aquatic Restoration Consulting introduced herself to the commission. Wendy explained how a diver would dive in the water and suck the invasive species into the suction tube and the debris goes up to the boat, and then the boat offloads the debris onto another vehicle which will remove the debris from the site. No servicing of the equipment will be done on site anywhere. They would use the DCR state park ramp to access. DCR believes this is a controllable issue if they act now however Dave maintained that this is not an emergency situation. Dave also noted that per MASS DEP they have to file with NH/ESP and we cannot make a determination until the NH/ESP reports back. Wendy questioned whether the commission could tell her if they would require an NOI – per Dave – cannot see that an NOI will be required, and they would continue the RDA hearing, but would not consider this an emergency situation. . MESA has an exception for management of invasive species – 321 CMR 10.14 item 15 – but upon confirmation with MESA – they want them to file and are not exempt under this. Dave asked that we confirm that RDA is OK and no NOI is not needed; per Mark, is OK; however, cannot be considered an emergency. Wendy asked for a continuance until the April meeting; Dave made a motion to continue until April 2016 meeting; RM 2nd the motion and the commission voted unanimously to approve the continuance of this hearing until April.
Public Hearing – Request for Amendment to OOC – Continuation – Submitted by Solitude Management, on behalf of Lawrence/Beverly Birnbach/Hyman, 1340 West Center Road, map 6 lot 162, regarding the amendment to Final OOC 254-0370, to include mechanical removal of decaying Phragmites and nuisance stick and organic matter buildup in the Birnbach property pond. Dave opened this hearing and invited the applicant to address the commission. Dave opened the hearing and invited applicant to address the commission. Jeff Castellan with Solitude Lake addressed the commission. With regard to this request, Dave indicated that in order to do this, the commission requests that they file a new NOI, as the commission cannot amend the current OOC with this new work. Because the work is extent, with machinery in the water, Dave wants a new and separate order of conditions for this work. Dave asked if any discussion: Domenic asked for a quick rundown on what they want to dredge out and Jeff explained how they wish to do the work. Dave indicated that again a new NOI would be required. Dave made a motion to deny the request for amended order of conditions and requires a new NOI for this work; RM 2nd the motion and the commission voted unanimously to deny the request for amendment to order of conditions.
Public Hearing – NOI – Continuation – Submitted by Paula Geddis with R. Levesque, on behalf of Dennis & Anne Marie Stempel, 41 N. Lake Ave., map 18A lot 38, regarding the expansion of existing deck, installation of a removable shed & dock and removal of identified trees. Dave opened the hearing and invited Rob Levesque to address the commission. First we continued to make sure that we have NH/ESP approval for this hearing. We did receive an approval for this project from NH/ESP. Rob made sure the commission had the revised plans that made the project less invasive, with added EC. Rob also informed the commission that they filed for Chapter 91 for the docks. Rob also submit a planting plan. Dave made a motion to approve the OOC with standard conditions; RM 2nd the motion and the commission unanimously approved the OOC with standard conditions.
Public Hearing – NOI – Continuation – Submitted by Paula Geddis with R. Levesque, on behalf of John & Kimberley Tonlino, 511 Pine Road, map 17B lot 70, regarding the installation of a dock, repair of existing stonewall and removal of identified trees. Dave opened the hearing and invited Rob Levesque to address the commission. First we continued to make sure that we have NH/ESP approval for this hearing. We did receive an approval for this project from NH/ESP. Rob made sure the commission had the revised plans that made the project less invasive, with added EC. Rob also noted that per communication with David Foulis with DEP, the wall work is exempt under 310 cmr10.54.4B. Also, original footings are being used. Dave made a motion to approve the OOC with standard conditions; RM 2nd the motion and the commission unanimously approved the OOC with standard conditions.
Public Hearing – RDA – Continuation from February –Submitted by John Wagner, 5 North Lake Ave., map 18A lot 43, regarding the drilling of a well, trench for water pipe & electrical, removal of a tree and repair of stone walls (topsoil added as needed) in the BZ of OR. Dave opened the hearing and invited John Wagner to address the commission. Dave apologized for the clerical error of omitting this hearing from our agenda. Dave asked if there were any questions stemming from the site inspection and Roger indicated that he had no questions and the work was straight forward. Dave asked about the tree and if there were any issue and Roger again said no, only that a slurry pit would be needed of course and John agreed that there would be a slurry pit – Chip Crandall is doing the work. Kristen had John initial the work on the paperwork and the commission dated and accepted into the file. Dave made a motion for a -3 determination with the following conditions: OCC reserves the right to inspect property for 3 years from date of approval; all EC installed prior to work start; call 413.454.1193 for inspection of EC prior to work start. All equipment serviced and stored away from the resource area, all debris removed or covered daily. RM 2nd the motion and the commission voted unanimously for a -3 determination with the above conditions.
ENFORCEMENT ORDER(S):
Orders of Condition Ext:
FOREST CUTTING PLAN(S)
Emergency Certifications:
CERTIFICATES OF COMPLIANCE:
OTHER BUSINESS:
Next office hours: Tuesday, April 5, 2016 from 6-9 p.m. at Otis Town Hall.
Next meeting: Monday, April 18, 2016 at 6:00 p.m. at Otis Town Hall.
Meeting adjourned at 7:51 PM.