TOWN OF OTIS
CONSERVATION COMMISSION
4/18/2016 MEETING MINUTES
Location: Otis Town Hall, One North Main Road, Otis
Conservation Commission Members present: David Sarnacki, Roger Meyer, Domenic Battista and Jeff Laramy
Conservation Commission Members absent: Bruce Wall
Staff and others present: Kristen Brown Secretary; Justin Hyland; Brent White with White Engineering; Roland Dupuis with D Cubed Engineering; Robert Mason with DCR; Jeff Castellani with Solitude Lake Mgmt.; James Horanzy; Tim Ruwet; Chris Tryon with Berkshire Geo-Technologies.
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 May 16th meeting is May 3, 2016 @ 3:00 PM. The next office hours, for the May meeting, is May 3rd 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: Dave made a motion to approve the minutes from our March 2016 meeting; RAM 2nd the motion and the commission voted unanimously to approve the minutes from the March 2016 meeting.
Public Hearing – RDA – Continuation – Submitted by Justin Hyland, on behalf of George Cohen, 783 Algerie Road, map 12A lot 34, regarding repair and maintenance of existing walkways &structures in the BZ of Big Pond. Dave opened this hearing and invited applicant to address the commission – Justin not here yet so Dave made a motion to table this hearing until the end of the meeting; RM 2nd the motion and the commission voted unanimously to table this hearing until the end of the meeting. Dave re-opened this hearing as Justin is now in attendance. Justin indicated that he believes the work he wants to do here is not subject to ConCom jurisdiction as he is only changing out 5 boards, 29 decking boards on the wooden walkway. The existing stones will stay put – the only thing he will do is bring in some cleans stone to add, which makes this ConCom jurisdiction. Per Justin, the walkway goes over a marshy area – for which footings are logs lying flat per Roger. Dave has issue with what type of stone work he wants to do – the work is too open-ended with no explanation nor plan to sequence work. Justin indicated that he was only bringing in stone to level the area out. Dave indicated that with experience, ConCom has learned that approving an application that is too vague, leaves too many gaps in the filing, with no specific details. Maintenance does not suitably describe work plans. Dave wants to have more concrete plans with specific limiting details of work to be performed, including drawings and amount of stone, etc. Need to have definitive details!! Justin indicated he will do as asked and get plans and requested materials for the next meeting as requested. Dave made a motion to continue this hearing until the May 2016 meeting; RM 2nd the motion and the commission voted unanimously to continue this hearing until the May 2016 meeting.
Public Hearing – NOI – Continuation – Submitted by Justin Hyland, on behalf of Steve Cloud, 257 Brookman Drive, map 18C lot 32, regarding the rebuilding of existing dock in the same footprint on OR; techno metal posts will be used for the footings/pilings. . Dave opened this hearing and invited applicant to address the commission – Justin not here yet so Dave made a motion to table this hearing until the end of the meeting; RM 2nd the motion and the commission voted unanimously to table this hearing until the end of the meeting. Dave opened the hearing and invited Justin to address the commission. We are still awaiting determination from MESA but Dave would like to insure application is complete now so we do not hold up at next meeting. Per Justin – the only thing changing is the footings – they are the techno-post style for docks – they are stainless and galvanized. Dave asked if there is a chapter 91 license associated with this property and dock – Justin said no. So, per Dave, they will need to work on this piece while we are awaiting the MESA determination. Justin indicated he would make sure that property owner files for the Chapter 91. Dave made a motion to continue this hearing until the May 2016 meeting to allow for MESA to respond. RM 2nd the motion and the commission voted unanimously to continue this hearing until the May 2016 meeting.
Public Hearing – RDA – Continuation – 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. Gave opened this hearing and invited the applicant to address the commission. Kristen advised Dave that applicant Wendy Gendron emailed the commission and asked for a continuance until next month’s meeting. Dave made a motion to continue this hearing until the May 2016 meeting; RM 2nd the motion and the commission voted unanimously to continue this hearing until the May 2016 meeting.
Public Hearing – RDA – Submitted by White Engineering, on behalf of Fannie Mae, 13 Werden Road, map2 lot 41-7, regarding the upgrade of non-compliant septic system to an infiltrator type leaching bed with a new septic tank and pump chamber. Dave opened this hearing and invited the applicant(s) to address the commission. Brent White with White Engineering approached the table and proceeded to review the plans that are associated with the work – upgrade of the non-compliant septic. Per Brent title 5 inspection failed so they have designed the upgrade. Brent noted the areas where erosion control will be installed prior to work start. They will use silt fencing and straw wattles. Dave asked if any questions stemming from the site visit and Domenic asked where the well is located and Brent indicated on the map where the current well is located. Brent will be in front of the Building inspector next week for permitting. Dave made a motion to issue a -3 determination with the following conditions: EC must be installed and inspected prior to work start – call 413.454.1193 for inspection; all debris removed or covered daily; all equipment serviced away from the resource area; Otis CC reserves the right to inspect the property for a period of 3 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 Solitude Lake Management, on behalf of Lawrence Birnbach & Beverly Hyman, 1340 W. Center Road, map 6 lot 162, regarding the removal of decaying Phragmites, as well as accumulated nuisance stick, debris and pockets of organic buildup, as well as the control/treatment of nuisance algae growth on their property pond. Dave opened this hearing and invited applicant to address the commission. Jeff Castellani with Solitude Lake Management addressed the commission as they are in charge of the project. Per Dave, we are still awaiting determination from NHESP & MESA, therefore, we would rather get feedback from MESA prior to hearing and ruling on this application. Dave explained that OCC is really in no position to rule until we receive a determination. Dave made a motion to continue this hearing until the May 2016 meeting; RM 2nd the motion and the commission voted unanimously to continue this hearing until the May meeting.
Public Hearing – RDA – Submitted by Berkshire Geo-Technologies, on behalf of Curt Thiem, 18 Elm Lane, map 16B lot 20, regarding the replacement of existing failed septic system with a Jet Bat J-500 tank, pump chamber and chambered leach field in the BZ of OR. Dave opened this hearing and invited the applicants to address the commission. No one here for this hearing so Dave made a motion to change the order of business and table this hearing until the end of the meeting. RM 2nd the motion. The commission voted unanimously to table this hearing until the end of meeting. Dave re=opened this hearing as Chris Tryon is here for this application. Dave asked if any questions stemming from site visit; Chris indicated where the erosion control (silt fence and straw wattles) will be, on the plans, with a highlighter. Roger asked how far they are from the water – per Chris roughly 40’. The lot is so small that they had limited area to work with. Per Dave, the well (and slurry pit) is not on the paperwork, therefore, Dave wants applicant to file separately for the new well via a new RDA; Chris said OK he would file a new RDA for the well since it is not on the original paperwork. Per Dave, the commission would only consider the septic for this filing. Chris described the jet bat unit and the leaching field system. Dave asked if any further questions for applicant at this time: no questions. Dave made a motion for a -3 determination with the following conditions: The well must be filed on its own RDA; EC must be installed prior to work start – call 413.454.1193 for inspection of EC; all equipment serviced away from water; all debris covered or removed daily; Otis CC reserves the right to inspect property for a period of 3 years from date of approval. RM 2nd the motion; the commission voted unanimously to issue a -3 determination with the above conditions.
Public Hearing – RDA – Submitted by Emily Piacquadio, 31 Bay Point Road, map 17D lot 104, regarding the removal of 2 birch trees overhanging the water and one maple tree in the lawn area, all in the BZ of OR. Dave opened this hearing and invited the applicant to address the commission. Roger recused himself from this vote for the record as the above property in filing is a family property. Dave indicated that he did a site visit and described the location of the trees in question – the trees in question are all dead and/or damaged by lightning (or both). Dave asked how the trees will be removed – by hand and stumps will be cut flush. No further discussion indicated. Dave made a motion for a -3 determination with the following conditions: vegetable oil only used in chainsaw(s); debris removed or covered daily; Otis CC reserves the right to inspect property for a period of 3 years from date of approval. JL 2nd the motion and the commission voted unanimously to issue a -3 determination with the above conditions.
Public Hearing – NOI – Submitted by D-Cubed Eng., on behalf of Domenic Battista, 58 S. Lake Ave., map 18B lot 3, regarding the installation of a replacement title 5 system in the BZ of OR. Dave opened the hearing and invited the applicants to address the commission. Roland Dupuis with D Cubed Engineering addressed the commission. Domenic recused himself from the vote on this hearing for the record. Roland explained the issue he had with the mailing of the application to MESA NH/ESP – there was an error with the mailing address on the electronic application. Roland addressed with MASS DEP and they apologized and said they would “try” to get the determination from NHESP on the fast track. Since we do not yet have a determination from NHESP, Roland asked for a continuance until the May 2016 meeting. Dave made a motion to continue until May 2016 meeting; RM 2nd the motion and the commission voted unanimously to continue this hearing until the May 2016 meeting.
ENFORCEMENT ORDER(S):
Enforcement Order – 102 Kibbe Point Road, James & Christine Horanzy, for installation of a new dock without approval from OCC, nor chapter 91 license thru MASS DEP. Dave opened this hearing and invited the property owners to address the commission. Mr. James Horanzy (property owner) approached the table. Applicant apologized to the commission and produced their chapter 91 license as issued by the MASS DEP in November 2005; he indicated that to his understanding, with the chapter 91 in hand, they could make changes to the dock without seeking additional approval. He thought work would be covered under the issued chapter 91: Waterways License Application No. W96-7620, License No. 11196. He acknowledges that he was wrong and apologized. Chapter 91 produced by homeowner will be verified with MASS DEP to make sure is active. Issue here is that the homeowner changed the structure to make the dock safer for their children, which was not supposed to be changed without prior approval from OCC or MASS DEP. Dave asked if the chapter 91 was registered with the deed and homeowner said yes, and provided receipt. Dave indicated that he understands the issue of safety with the dock, but also has a question of seawall work – per HO – was not seawall work but they arranged rocks on the peninsula in knee deep water to “do a service” to people so they would avoid the shallow area/sand bar and not get stranded on the sandbar – the rocks have the equivalent of a rock jetty. Dave asked if the work on the dock was complete – homeowner said yes. That being said Dave made a motion to rescind the EO on the table. RM 2nd the motion and the commission voted unanimously to rescind the EO since work is done. However, Homeowner needs to file these changes with MASS DEP and follow their instructions which may include an RDA with Otis CC.
Orders of Condition Ext:
FOREST CUTTING PLAN(S)
Emergency Certifications:
CERTIFICATES OF COMPLIANCE:
OTHER BUSINESS:
Next office hours: Tuesday, May 3, 2016 from 6-9 p.m. at Otis Town Hall.
Next meeting: Monday, May 16, 2016 at 6:00 p.m. at Otis Town Hall. Meeting adjourned at 7:32 PM.