TOWN OF OTIS
CONSERVATION COMMISSION
5/23/2016 MEETING MINUTES
Location: Otis Town Hall, One North Main Road, Otis
Conservation Commission Members present: David Sarnacki, Roger Meyer, Domenic Battista, Bruce Wall and Jeff Laramy
Conservation Commission Members absent: None
Staff and others present: Kristen Brown Secretary; Mark Stinson with MASS DEP (Western MA Circuit Rider); Justin Hyland; Roland Dupuis with D Cubed Engineering; Robert Mason with MASS DCR; Domenic Sacco with MASS DCR; Jeff Castellani with Solitude Lake Mgmt.; Emily Walsh with Solitude Lake Mgmt.; David Fishman; Chris Tryon with Berkshire Geo-Technologies; Wendy Gendron with Aquatic Restoration; Tony Scapin.
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 June 20th meeting is June 7, 2016 @ 3:00 PM. The next office hours, for the June meeting, is June 7th from 6:00 – 9:00 PM. Dave introduced the members of the commission, as well as Mark Stinson with Mass DEP, our western region Circuit Rider, responsible for oversight of Wetlands in our area, and in attendance tonight as an observer. 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 April 18, 2016 meeting; RM 2nd the motion and the commission voted unanimously to approve the minutes from the April 18, 2016 meeting. (BAW abstained from this vote as he was not at the April meeting)
Public Hearing – RDA – Continuation – 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 this hearing and invited applicant to address the commission; applicant not in attendance yet so Dave made a motion to close the hearing; RM 2nd the motion and the commission closed the comments on this hearing. Dave then made a motion to change the order of business and table this hearing until the end of the meeting to allow for applicant attendance. RM 2nd this motion and the commission voted unanimously to change the order of business and table this hearing until the end of the meeting. Dave re-opened this hearing and invited Justin to address the commission. Per Justin, he confirmed that he is bringing in 1 yard of clean stone to put under the large stones on the property/beach area. Per Mark, the whole beach area is wetlands, extending approx. 100’ from the property to the edge of the bank. Per Mark, work is going to alter the resource area so technically, should be an NOI. There will be no dredge but he will be filling in, so therefore, he is going to need to file an NOI. With review of the property online, and review of the past continuances due to not enough detailed information, Dave asked if any further discussion required. Bruce asked if the RDA is truly applicable here or if an NOI should be required. Justin indicated dissatisfaction at having to now file an NOI and delay this work now at much inconvenience to property owner, for the record. Dave made a motion to close the public hearing; RM 2nd and the commission voted unanimously to close the hearing. Dave then made a motion to issue a positive 3 determination stating that an NOI is required; RM 2nd the motion and the commission voted unanimously for a positive 3 determination, requiring an NOI.
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; applicant not in attendance yet so Dave made a motion to close the hearing; RM 2nd the motion and the commission closed the comments on this hearing. Dave then made a motion to change the order of business and table this hearing until the end of the meeting to allow for applicant attendance. RM 2nd this motion and the commission voted unanimously to change the order of business and table this hearing until the end of the meeting. Dave reopened this hearing and applicant asked for a continuance of this hearing until the next meeting on June 20th. Dave made a motion to continue this hearing until June 20th per request; RM 2nd the motion and the commission voted unanimously to continue this hearing until the June 20th 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. Dave opened this hearing and invited applicant(s) to address the commission. Wendy Gendron approached and addressed the commission. As per confirmation with Kristen, OCC has received determination from MESA and NH/ESP that this project is exempt for management of invasive species. OCC had previously continued this hearing in order to allow for these determinations to be received, so now that we have them in hand, Dave has one question before he makes a motion on this filing. How are they removing debris? Per Wendy, will be removed from the site via truck as the debris is removed from the lake. Per Wendy, infestation came from the boat ramp area and is isolated to the cove at this time. Dave asked Mark if any regulatory concerns here and Mark indicated no. Mark did indicate that Wendy should report to the commission yearly on the progress of the project. The commission will be copied on post suction survey as indicated by Wendy so this requirement has been added as a special condition. Dave made a motion to first close the commenting on this hearing; RAM 2nd the motion and the commission voted to close the hearing. Dave then made a motion for a -2 determination with the condition that OCC is copied on all reports issued on this project; and debris is removed daily; if project extends beyond the 3 year validity, applicant will need to refile with the commission. RAM 2nd this motion and the commission voted unanimously for a -2 determination. A copy of this determination was provided to applicant by hand.
Public Hearing – NOI – Continuation – 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 the applicant(s) to address the commission. Jeff Castellani and Emily Walsh were in attendance and approached the commission. Kristen indicated that per confirmation from MASS DEP, this applicant is NOT subject to NHESP nor MESA review. BAW asked for reminder of location of this project on West Center. Per Jeff, applicant treated Phragmites under an OOC from 2 years ago. Now, as a result of the treatments, organic matter needs to be removed, which is a quick overview of the project. Dave asked for the method of removal, per Jeff, a hydro rake attached to a barge removes the debris and puts on the barge, brings debris to shore and removes the debris to applicants’ back yard for de-watering. There will be straw wattles in the area to prevent any further contamination to the area. Once de-watered, they will remove the debris from the property for disposal. There is only minor concern with algae so no need for treatment for this and if so, they would need to file again. Per Jeff, they are only affecting .2 acres. Dave asked Mark if any regulatory requirements? Mark asked if the commission considered his comments that if it fall within the scope of a limited project. Mark explained what he meant in regard to appendix A in the regulation. The commission reviewed the regulation, including the goals, and the requirements, which are much clearer. Mark asked if OCC did a site visit and Roger indicated that yes, they did a site inspection some time ago. The commission collectively reviewed the regulation for discussion. Dave clarified the provisions, in regard to the organic matter removal, and there is NO dredging involved with this project. Mark asked what the resource are impacts are as listed on the NOI. Per page 3 of the associated NOI – 8712’ is the only resource area disturbance. Mark asked if Regulation A helped with this project and Dave indicated that yes, for next time we see a project like this, they will be more prepared. Dave asked if further discussion, none. Dave made a motion to close the public hearing comments. RM 2nd the motion and the commission voted unanimously to close the hearing. Dave then made a motion to approve the OOC for this NOI with the special conditions based on CMR 10.1 and 10.12; RM 2nd the motion and the commission voted unanimously to approve.
Public Hearing – NOI – Continuation – 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 this public hearing and invited applicant to approach the commission. Domenic recused himself from this hearing as is his personal property. Roland Dupuis was not in attendance. We have received a response from NHESP that the project will not adversely affect the environment. Domenic has requested a continuation as his agent/engineer is not in attendance. Dave made a motion to continue this hearing until the June 2nd meeting. RM 2nd the motion and the commission voted unanimously to continue the hearing until the June 2nd meeting. Dave re-opened this hearing as applicant engineer has arrived. Roland Dupuis addressed the commission: Domenic again recused himself from this hearing as it is his property; RM 2nd the motion and the hearing is re-opened. MESA determination is in and project will NOT adversely affect anything. Dave wants to review the work as contractor has not been selected yet. Per Domenic no bids yet. Per Roland, very tight site, but is able to stay within the required variances as prescribed. Anything excavated will be removed off site as there is no room on the site to store any debris at all; small excavator will be used. Dave made a motion to close the heating; RM 2nd; commission voted to close the hearing. Dave then made a motion to approve the OOC with standard conditions, including limit of work of 25’. BW 2nd the motion and the commission voted unanimously to approve the OOC with standard conditions.
Public Hearing – RDA – Submitted by David Fishman, 42 S. Gate Island Rd., map 17C lot 13, regarding the installation of a boatlift and jet ski dock in the BZ of OR; RDA filed due to Ch. 91 Requirements. Dave opened this hearing and invited applicant to address the commission. David Fishman was in attendance and addressed the commission. Dave indicated a couple of issues, he asked if the boat lift dock and the jet ski docks were one in the same, applicant indicated that no, they are separate. Dave indicated that applicant already has the Jet Ski dock installed. Applicant explained that he has been working with Tim McKenna on filing a simplified chapter 91 license. After many months, it was determined that instead of a new filing for simplified license, all he has to do is revise his current chapter 91 license. So, long story short, dock was installed due to not understanding the requirements. Dave explained that OCC can ONLY approve installation of material on his own property – not his neighbors. The commission asked for proof that the dock is on his property. Bruce asked if there is a pin and applicant indicated that yes, there is property pins there. Applicant asked if he could continue to the June 2nd meeting to confirm the pins/property markers and Dave said yes but he has additional questions: the Jet Ski itself will not affect the bottom of the lake. Also, how is the Jet Ski ramp attached, to the dock or bank – applicant indicated is attached to the dock and not the bank. Dave made a motion to close the commenting on this hearing; BW 2nd the motion and the commission voted unanimously to close the commenting. Dave then made a motion to continue this hearing to the June 2nd meeting; RM 2nd the motion and the commission voted unanimously to continue until the June 2nd meeting. The commission discussed for the record that we are holding a special meeting on Thursday 6/2/16 for this hearing continuance as well as applicants new RDA which did not make the legal notice for this meeting.
Public Hearing – RDA – Submitted by Berkshire Geo Tech., on behalf of Curt Thiem, 18 Elm Lane, map 16B lot 20, regarding the drilling of a new well in the BZ of OR. Dave opened this hearing and invited applicant to address the commission. Chris Tryon with Berkshire Geo-Technologies addressed the commission. It was clarified that the well in this RDA was noted on previous RDA plans but was never provided in the work description so OCC asked him to file this new RDA for the well. Dave asked the commission if any questions from the SV, there are none. Chris indicated on the map where the slurry pit will be. Plans were marked, dated and accepted into the file for the record. Dave made a motion to close the commenting on the public hearing, RM 2nd and the commission voted unanimously to close the hearing. Dave made a motion for a -3 determination with the following conditions: EC must be installed prior to work start; all equipment serviced away from resource area; all debris removed or covered daily; OCC reserves the right to inspect property for 3 years from date of approval. BW 2nd the motion and the commission voted unanimously for a -3 determination with the above conditions.
ENFORCEMENT ORDER(S):
EXT. OF ORDERS OF CONDITION:
Submitted by Tony & Beverly Scapin, 43 Langdon Lane, map 17B, lots 76 & 77, regarding the extension of OOC under DEP File #254-0270. Dave opened this hearing and invited applicant to address the commission. Tony Scapin, property owner, addressed the commission. Tony indicated that he wants to extend the issued OOC, as is, for an additional 3 years, which is standard for extensions anyway. Dave asked if any comments from the commission, none being stated. Dave made a motion to close the commenting on the public hearing; RM 2nd the motion and the commission voted unanimously to close the public hearing. Dave then made a motion to approve the extension requested; BW 2nd the motion and the commission voted unanimously to approve the extension of the OOC issued under DEP file 254-0270. Singed extension provided to applicant in person.
FOREST CUTTING PLAN(S):
EMERGENCY CERTIFICATIONS:
CERTIFICATES OF COMPLIANCE:
Submitted by Timothy Brock, 33 Langdon Lane, map 17B, lot 80, regarding request of a Certificate of Compliance for work done under DEP File #254-0284. Dave opened this hearing and invited applicant to address the commission – no one in attendance to represent applicant. Dave asked about the site visit done and if there were any issues or concerns – none being stated – property looks good. Dave made a motion to close the public hearing; RM 2nd the motion and the commission voted unanimously to close the public hearing. Dave then made a motion to issue a C of C for this project; BW 2nd the motion and the commission voted unanimously to approve and issue the certificate of compliance for project completed under DEP file #254-0284.
OTHER BUSINESS:
Discussion of 2017 Schedule. Dave made a motion to discuss the 2017 Schedule at the next commission meeting. RAM 2nd the motion and the commission voted to discuss the 2017 schedule at the next meeting.
Next office hours: Tuesday, June 7, 2016 from 6-9 p.m. at Otis Town Hall.
Next meeting: Monday, June 20, 2016 at 6:00 p.m. at Otis Town Hall. Meeting adjourned at 8:27 PM.