Conservation Commission Minutes 08/15/2016

TOWN OF OTIS
CONSERVATION COMMISSION
8/15/2016 MEETING MINUTES
Location: Otis Town Hall, One North Main Road, Otis

 

Conservation Commission Members present: Bruce Wall, Roger Meyer, Domenic Battista, and Jeff Laramy

Conservation Commission Members absent: Dave Sarnacki

Staff and others present: Kristen Brown Secretary; Bon Mason with MA DCR; Mr. Hotaling; Bob McMahon; Chris Tryon (with Berk. Geo-Tech.); Ralph Giangregorio; Domenic Battista.

Opening items/Introduction of Commission members and staff. Bruce Wall opened the meeting at 6:00 p.m. He noted that the meeting is being recorded. The deadline for applications for the September 19th meeting is September 2, 2016 @ 3:00 PM. The next office hours, for the September meeting, is September 2nd from 6:00 – 9:00 PM. Bruce 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: Bruce made a motion to approve the minutes from our July 18th meeting; RM 2nd the motion and the commission voted unanimously to approve the minutes from the July 18, 2016 meeting.

 

Public Hearing – RDA – Submitted by Robert McMahon, on behalf of Milton & Theresa Waner, 907/909 Algerie Road, map 12A lot 26, regarding the construction of a new foundation under the existing house; removal of existing deck and construction of a new deck with a 9’ x 18’ pool within. Work is in the BZ of Big Pond. Bruce invited applicants to address the commission; Bob McMahon was there representing the homeowner and addressed the commission with a copy of the plans submit with this RDA. Bruce asked the commissioners if there were any questions stemming from the site visit. Per RAM, everything was in order, including all EC installation and they have no questions. Bruce asked Bob with DCR if any questions and/or comments, Bob asked the closest proximity to the resource and it was stated that it was between 50 and 100’ – in the BZ of Big Pond. Bruce made a motion to close the comments; RM 2nd the motion and the commission voted to close the comment period. Bruce then made a motion for a -3 determination with the following conditions: Erosion Control to be installed and inspected by OCC prior to work start: call 413.454.1193 for inspection of EC; no equipment in the resource area; all servicing & storing of equipment outside BZ; debris to be removed or covered outside BZ daily; OCC reserves the right to inspect work/property for 3 years from date of approval.

 

Public Hearing – RDA – Submitted by Susan Hotaling, on behalf of Scott Hotaling, 309 Stanley Road, map 16A lot 1, regarding the removal of a dead pine on the lake side of the house. Bruce invited the applicants to address the commission: Mr. Hotaling approached the table to address the commission. Bruce asked the commissioners if there were any questions and/or comments: RM asked how the tree is coming down, will be climbed and cut down by hand and the stump will be cut flush with the ground. Bruce asked if any further comments, being none he made a motion to close the comments; RM 2nd the motion and the commission voted unanimously to close the comments. Bruce then made a motion for a -3 determination with the following conditions: Vegetable oil only in chainsaw(s); no equipment in resource area; debris to be removed from BZ immediately; OCC reserves the right to inspect work/property for 3 years from date of approval. RM 2nd the motion and the commission voted unanimously for a -3 determination with the above conditions.

 

I would like to open the next application: Public Hearing – RDA – Submitted by Berkshire-Geo Tech., on behalf of Diane Chick/Richard, Glenn & Dorothy Lis, 97 D’Wolfe Drive, map 7 lot 1, regarding the replacement of existing failed septic with a Jetbat tank, pump chamber & leaching field. Work is in the 50’ & 100’ BZ of Watson Pond and requires the removal of 2-4 Pine & Hemlock trees. Bruce invited the applicants to address the commission: Chris Tryon with Berkshire Geo-Technologies approached the commission. Bruce asked the commissioners if there were any questions and/or comments stemming from the site visit: RM indicated that they found the trees but that they should be marked now and in the future; Rm also asked what type of Erosion Control they are utilizing – and need to markup print; Chris indicated silt fence & wattles and noted where EC was on the print; BW also indicated that the print needs to be initialed for 2 100 foot lines – which Chris took care of on the file prints. Bruce asked if any other questions – being none, he made a motion to close the comments; JL 2nd the motion and the commission voted unanimously to close the comments. Bruce then made a motion for a -3 determination with the following conditions: Work cannot commence until OCC reviews and approves marked trees; Erosion Control to be installed and inspected by OCC prior to work start: call 413.454.1193 for inspection of EC & trees; no equipment in the resource area; Veg. oil only in chainsaw(s); all servicing & storing of equipment outside BZ; debris to be removed or covered outside BZ daily; OCC reserves the right to inspect work/property for 3 years from date of approval.

 

 

 

 

Public Hearing – NOI – Submitted by Berkshire-Geo Tech., on behalf of Rosette Odulio, 341 Brookman Dr., map 18C lot 22, regarding the reconstruction of existing dwelling, stone path to dock and dock within the 100’ BZ of OR. Bruce invited the applicants to address the commission – again Chris Tryon with Berkshire Geo-technologies approached the commission. Bruce asked the commissioners if there were any questions and/or comments stemming from the site visit; RM asked about the dead Birch tree and it is going to be removed. DB asked about the bank area and per BW, the commission would like to see a vegetated zone on bank be maintained as is and not disturbed – which will be added to the conditions. BW also asked if there was a Chapter 91 license available and Chris indicated that they would check and apply if needed. KB asked the work limit to the resource and per Chris, the closest is approx. 10’. KB also indicated that NH/ESP responded and issued a “no take” for this project and they have no objections to the work as proposed by applicant. Bruce asked if any further comments, being none, Bruce made a motion to close the comments, DB 2nd the motion and the commission voted unanimously to close the comments. Bruce then made a motion to approve and issue an order of conditions for this NOI, to include standard conditions, as well as a vegetated buffer must be maintained on the bank/shore, between the water and property, EC must be installed prior to work start and the OCC reserves the right to inspect work for 3 years from date of approval, RM 2nd the motion and the commission voted unanimously to approve and issue an OOC with the above conditions.

Public Hearing – RDA – Submitted by Domenic Battista, 58 S. Lake Ave., map 18B lot 3, regarding the continuance of maintenance of 10’ x 19’ shed that was started in October of 2015. Includes cutting & nailing in the BZ of OR, and is all within existing footprint.
Bruce invited applicants to address the commission, Domenic Battista recused himself from this hearing as is his property. Domenic asked for a continuance to allow for DCR to make a decision on this hearing – need their input as the rules have changed for buildings removed & rebuilt within the BZ of great ponds. Bruce made a motion to continue this hearing until the September meeting; RM 2nd the motion and the commission voted unanimously to continue this hearing until the September 19, 2016 meeting.

Public Hearing – RDA – Continuance – Submitted by Domenic Battista, 58 S. Lake Ave., map 18B lot 3, regarding the rebuilding of existing 10’ x 19’ shed, to a 7.5’ x 8’ shed, using 2 x 4 and 2 x 6 construction with plywood walls & vinyl siding within the BZ of OR. Bruce invited applicants to address the commission, Domenic Battista recused himself from this hearing as is his property. Domenic indicated to the commission right away that he wanted to revoke this application from before the commission. Bruce made a motion to revoke this application per applicant request; RM 2nd the motion and the commission voted unanimously to revoke this application/filing.

 

RDA – Continuance – Submitted by Ralph Giangregorio Jr., 1279 East Otis Rd., map 15A lot 21, regarding the installation of a dock on Benton Pond. Bruce opened this hearing and invited the applicant to address the commission. Mr. Ralph Giangregorio approached the commission. Bruce reminded the commission that this hearing was continued from last month and that it is regarding a new dock that was installed prior to getting OCC approval. EO was issued and property owner was directed to file RDA paperwork, as a technical violation, for the dock(s) installed. Mr. Giangregorio was advised by the commission to continue to pursue a chapter 91 license as required by MASS DEP. Bruce made a motion to close the comment; RM 2nd the motion and the commission voted unanimously to close the comments on this hearing. Bruce then made a motion for a -3 determination with the condition that applicant continue to work with MASS DEP on chapter 91, and OCC reserves the right to inspect the property for 3 years from date of this approval. RM 2nd this motion and the commission voted unanimously to issue a -3 determination with the above conditions.
Public Hearing – NOI – Continuance – 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. Bruce opened this hearing and invited applicant to address the commission. Justin Hyland has emailed the commission and asked to continue this hearing until the next meeting on September 19th 2016. Bruce made a motion to continue this hearing until the September 19th 2016 meeting as per request of applicant; JL 2nd the motion and the commission voted unanimously to continue this hearing until the September 19th 2016 meeting.

 

OTHER BUSINESS:

Enforcement Orders/Letters:

 

Ralph Giangregorio Jr., 1279 East Otis Road, map 15A lot 21, regarding installation of a new dock without approval from OCC nor MA DEP. On this agenda for follow up as applicant was not in attendance for July meeting. If applicant attends this meeting, we can strike this entry from the agenda as it is here as a reminder only. Since applicant attended this meeting to attend the RDA, we can strike this Enforcement Order reminder from the agenda. Bruce made a motion to strike this from the agenda; RM 2nd the motion and the commission voted unanimously to strike this EO from the agenda/follow up.

 

Stephen R. Payuk, 21/23 Oak Lane, map16B lot 14, regarding the installation of 2 decks within the resource area without prior approval from Otis ConCom. On this agenda as applicant has 10 business days from 7/18/16 to provide OCC with issued paperwork for the work done in the BZ. Bruce opened this hearing and invited Mr. Payuk to address the commission. Per Mr. Payuk, he is working on this with hired professionals, and will update the commission as details develop. He indicated that he would like to get this all worked out to the satisfaction of the commission, so that he is legal. Bruce made a motion to continue this issue until the next commission meeting until it is settled. RM 2nd this motion and the commission voted unanimously to continue this issue until the September 19th 2016 meeting.

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. Bruce invited owners to address the commission, when KB indicated that owner emailed to say that they are out of the country and cannot attend this meeting, but assure us they will attend in September and asked for a continuance. Bruce made a motion to continue this EO until the September 19th 2016 meeting; RM 2nd the motion and the commission voted unanimously to continue this EO until the September 19th 2016 meeting.
Emergency Certifications:

Ralph J. Mazzeo, 7 Reservoir Heights Road, map 15C lot 17, regarding the removal of a severely damaged Maple tree, marked with ribbon. Tree to be removed with a bucket truck, stump cut flush with ground. No other work permitted under this order. Order expires on 9/1/16. Work to be done by Wheeler. Bruce opened this hearing and made a motion to ratify the emergency certification as issued; RM 2nd the motion and the commission voted unanimously to ratify this Emergency Certification as issued.
2 South Gate Island Road, East Otis, MA 01029, regarding the removal of a dying tree in the BZ of OR. Stump to be cut flush; no heavy equipment in resource area; debris to be removed immediately from the resource area; OCC reserves the right to inspect for 3 years from date of approval. No other work permitted under this order. Work being done by Field Tree Service and the order expires on 9/9/16. Bruce opened this hearing and made a motion to ratify the emergency certification as issued; RM 2nd the motion and the commission voted unanimously to ratify this Emergency Certification as issued.

 

 

 

Forest Cutting Plans:
Extensions of Orders of Condition:
Certificate of Compliance Requests:
Unanticipated Business:

Discuss the schedule for 2017 – Bruce made a motion to continue this until next meeting since all members were not in attendance this evening; DB 2nd the motion and the commission voted unanimously to continue this until September.
Discuss the Special Conditions for approval for both RDAs and NOIs – Bruce made a motion to continue this until next meeting since all members were not in attendance this evening; DB 2nd the motion and the commission voted unanimously to continue this until September.

Next office hours: Tuesday, September 2, 2016 from 6-9 p.m. at Otis Town Hall.
Next meeting: Monday, September 19, 2016 at 6:00 p.m. at Otis Town Hall. Meeting adjourned at 7:48 PM.