Conservation Meeting Minutes 05/19/2021

By Otis Town ClerkConservation Commission Minutes
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TOWN OF OTIS

CONSERVATION COMMISSION

05/19/2021 MEETING MINUTES

 

Location:  Otis Town Hall, One North Main Road, Otis ** Remote Meeting Via Zoom ***

 

Conservation Commission Members present:  Dave Sarnacki, Roger Meyer, Bruce Wall, Jennifer Cole (new alternate Commissioner).

 

Conservation Commission Members absent:  Domenic Battista, Jeff Laramy

 

Staff and others present:  Kristen Brown OCC Admin Secretary; Daniel Giusti; Don Chaffee w/Chaffee Construction; Justin Hyland; Robert Whitaker; Others in attendance but unknown, as not announced, nor signed-in with a full name on the Zoom application.

 

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 May 19, 2021 meeting is on Wednesday May 5, 2021 @ 6:00 PM. The next office hours, for the May 19, 2021 meeting, is also Wednesday May 5, 2021 from 6:00 –9:00 PM. ** Office hours will be conducted remotely until further notice; in person meetings will be held by appointment only ** 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 April 20, 2021 meeting; RM/BW 2nd the motion and the Commission voted unanimously to approve the minutes from the April 20, 2021 meeting.

 

  • Public Hearing – NOI – Submitted by Robert Whitaker, on behalf of Jackie & Bob Gentile, 43 White Lily Rd., map 8B lot 8, regarding the harvesting of bladderwort from White Lily Pond to retard eutrophication. Dave opened this hearing and asked the Commission if any issues – per JRC no issues, and the project was designed conservatively, and excellently planned. With that being said, Dave made a motion for to approve and issue an Order of Conditions with the standard and Otis Special conditions. BW 2nd the motion and the Commission voted unanimously to approve and issue an OOC.

 

  • Public Hearing – RDA – Submitted by Berkshire Engineering, on behalf of Susan Lopatkin, 783 Algerie Rd., map 12A lot 34, regarding the addition of habitable space, deck and screen porch within the BZ of Big Pond. Dave opened this hearing and asked the Commission if any issues from site inspection, and the only one being stated was that the project should have been marked out onsight, but the Commission was able to figure everything out in spite of this, as the plans were very thorough. With that being said, Dave made a motion for a -3 determination with the following conditions: no heavy equipment within any resource areas; any required EC to be installed & inspected prior to work start; debris to be removed immediately; OCC reserves the right to inspect property for 3 years from date of approval. RM 2nd the motion and the Commission voted unanimously to approved the -3 determination with the above conditions.

 

  • Public Hearing – RDA – Submitted by Berkshire Engineering, on behalf of Barry Macklin, 66 Loop Drive, map 403 lot 92, regarding the implementation of walkway & drainage improvements within the BZ of Benton Pond. Dave opened this hearing and asked the Commission if any issues, per both RM and BW – no issues with this project, very straightforward. Therefore, Dave made a motion for a -3 determination with the standard conditions; RM 2nd the motion and the Commission voted unanimously to issue a -3 determination with standard conditions.

 

  • Public Hearing – NOI – Submitted by BGT, on behalf of Frederick Altice & Marwan Haddad, 97 D’Wolfe Drive, map 7 lot 1, regarding the construction of a stone retaining wall along the shoreline of Watson Pond. Dave opened this hearing and asked if any issues stemming from the site inspection. Dave noted that there were questions based on the folder, from MA DEP. Chris Tryon w/Berkshire Geo-Technologies, Inc. was in attendance and answered all questions to the Commission’s satisfaction. Therefore, Dave made a motion to approve the NOI and issue an Order of Conditions with standard and Otis Special conditions, including the need to obtain a Chapter 91 license, and the addition of native plantings at the shoreline, behind the retaining wall (approx. 3’ behind the 2’ high retaining wall), based upon the recommended spacing for the species planted. RM 2nd the motion and the Commission voted unanimously to approve and issue the OOC with standard and Otis Special conditions.

 

  • Public Hearing – RDA – Continued from April Meeting – Submitted by Chaffee Construction on behalf of Matt & Annett Lilly, 21 Chestnut Lane, map 16C lot 2, regarding repairs to existing dock including replacement of all decking, within the BZ of OR. **Needed more info from applicant on specific work ** Dave opened this hearing and noted that applicant does have a chapter 91 license, which is why this was continued. Therefore, Dave made a motion for a -3 determination with the following conditions: any EC to be installed & inspected prior to work start; debris to be removed immediately; no heavy equipment in any resource area; OCC reserves the right to inspect property for 3 years from date of approval. RM 2nd the motion and the Commission voted unanimously to issue a -3 determination with the above conditions.

 

 

 

  • Public Hearing – RDA – Continued from April Meeting – Submitted by Justin Hyland on behalf of Matt & Annett Lilly, 21 Chestnut Lane, map 16C lot 2, regarding landscaping work within the BZ of OR. *** Needed more info from applicant on specific work *** Dave opened this hearing and asked if anyone in attendance for this hearing, and Justin Hyland was in attendance. The project was reviewed in detail, and the extra info submit was sufficient. Therefore, Dave made a motion for a -3 determination with the following conditions: any EC to be installed & inspected prior to work start; debris to be removed immediately; no heavy equipment in any resource area; OCC reserves the right to inspect property for 3 years from date of approval. BW 2nd the motion and the Commission voted unanimously to issue a -3 determination with the above conditions.

 

 

 

 

 

  • Public Hearing – RDA – Continued from April Meeting – Submitted by Foresight Land Services on behalf of George Martin, 1010 Reservoir Road, map 15 lot 45, regarding the drilling of a deep well & installation of water & electric lines within the BZ of OR. *** Needed more info from applicant on where fines would go ***. Dave opened this hearing and asked the status of the requested info from last meeting, and applicant’s agent has indeed submitted newly revised plans to include removal of the fines. Therefore, Dave made a motion for a -3 determination with the following conditions: any EC to be installed & inspected prior to work start; debris to be removed immediately; no heavy equipment in any resource area; all fines and debris will be collected and removed from the site immediately; OCC reserves the right to inspect property for 3 years from date of approval. RM 2nd the motion and the Commission voted unanimously to issue a -3 determination with the above conditions.

 

  • Public Hearing – RDA – Continued from April 20 Meeting – Submitted by Doot Construction on behalf of Robert Sadock, 20 Phelps Drive, map 7A lot 8, regarding the 12’ x 26’ addition to existing house on a non-conforming lot, within the BZ of Watson Pond. Concom was OK with work, but the Town denied the work. Dave opened this hearing and asked for an update – per KB – no plans yet, applicant requested continuance again to allow for renewed plans. Per Dave, made a motion for one more continuance to allow for new plans to be submit, to the 6/15/21 meeting. RM 2nd the motion and the Commission voted unanimously to continue this hearing until the 6/15/21 meeting.

 

  • Public Hearing – NOI – Continued from April 20 Meeting – Submitted by Daniel Giusti, 1555 West Center Road, map 6 lot 172, regarding the installation of a WLC device, to mitigate beaver dam flooding, in the resource area of Benton Brook. Dave opened this hearing to advise that we are still waiting for the final report on this EO, so that we can put to bed, and get an OOC issued for the WLCD. Therefore, Dave made a motion to continue this hearing until the 6/15/21 meeting; RM 2nd the motion and the Commission voted unanimously to continue this hearing until the 6/15/21 meeting.

 

OTHER BUSINESS

 

Enforcement Orders/Letters:

Emergency Certifications:

Forest Cutting Plan

Extensions of Orders of Condition:

 

    • 64 Drive B – Extension of OOC issued under DEP File number 254-0369 issued in 2015 (extended in 2018) Dave opened this hearing ad asked the Commission if any issues with the extension – per BW – no issues with the extension as applicant needs more time to complete work and plantings as outlined under the Order of Conditions issued for this project. Therefore, Dave made a motion to extend this OOC; BW 2nd the motion and the Commission voted unanimously to extend this OOC.

 

 

 

 

 

Certificate of Compliance Requests:

Unanticipated Business:

 

    • Public Hearing – Follow Up on Issued OOC 254-0369 – 64 Drive B, John Wagner – required to plant several of trees that were taken down without approval, as well as planting of native species in the north area of property, as per ordered under OOC issued 254-0369. Dave opened this hearing and asked the Commission for follow up on this, and per BW, since applicant has just extended the OOC issues, this can come off the agenda at this time.

 

 

Next office hours:  Wednesday, June 2, 2021 from 6-9 p.m. at Otis Town Hall.

Next meeting:  Tuesday, June 15, 2021 at 6:00 p.m. at Otis Town Hall, or Remote via Zoom.

 

Dave made a motion to adjourn the meeting at 7:47 PM. RM 2nd the motion and the Commission voted unanimously to adjourn the meeting.