Otis Conservation Commission
Meeting Minutes
Monday, November 21st, 2011—6:30 p.m.
Conservation Commission members present: Susan Bubenas and Thomas Bagwell
Staff and others present: Roxanne Beaudry, Secretary; Tony Zaharias, Mike Kulig, Dennis Aube, Gail Palmer, Mass DOT: Amer Raza, Newton Jassie, Al Huntly, Robert Chruann (sp? Was not legible), Dana Mackenzie, Paul Adams:DCR, George & Robin Martin, Theresa Gould, Kimberly Tonlino, Valerie Bird and one name that was not legible at all.
Meeting called to order at 6:30 P.M. by Susan Bubenas – acting chairperson
Opening Items: Introductions
- Noted that meeting was being digitally recorded.
- Opening Items: Introductions
- Fishkind continuation moved to the end of the meeting since applicants did not need to appear as we are just waiting for documentation.
- Public Hearing – Continuation - NOI submitted by Gail Palmer on behalf of Peter J, Sheryl, Peter II & Periann Fessenden, 57 Drive B, Otis, MA. Map 18B, Lot 11. Reconstruction of retaining wall, Phragamites, Tree removal and Dock repair. (Hearing Officer – Susan Bubenas).
Revised narrative received.
NHESP received and added to file
Hemlock tree - is dead and needs to be removed. Will leave stump. Bubenas would like the new replacement tree to be at least a 3” caliper. Gail Palmer noted this on revised narrative.
Bagwell questioned the condition of the supports for the dock. Supports are out of plumb. Applicant is aware of this but feels that it has weathered enough storms to hold. If supports do not hold, then applicant will have to file a new submission to repair.
Bubenas motioned to approve application with standard conditions based on the revised narrative submitted on 11/7/11.
Bagwell seconded the motion. Motion approved unanimously.
- Public Hearing - Continuation -NOI submitted by Berkshire Engineering on behalf of George Martin, East Otis Rd., Otis, MA, Map 16, Lot 72. Construction of a single family home.
Berkshire Engineering began digging for Appendix G’s. Steam stats came up to .19 sq. miles, same numbers as submitted last month. Drilled? for water shed, could be hard to get ½ sq. mile let alone 1 sq. mile. Confident that stream stat is less than ½ sq. mile.
Question regarding public water supply and how that would affect the project. They spoke with the state regarding Title 5 for septic under 2,000 gallons per day. States IWPA system is not needed if under 2,000 gallons for a residential system. Just needs to meet sanitary codes.
Zaharis would like to get copies of the documents from DEP stating that they have reviewed the plans for the property and verifying that they approved. Applicants will supply documents to Zaharis.
This property has a mixed bag of issues.
Standing water found. We need to look at hydrology and soils.
Will need to use a 3rd party consultant to determine what is and what is not wetlands.
OCC will solicit for consultants and get an estimate, but the applicant will pay for this consultation.
Otis Conservation Commission can recommend some consultants and applicant can agree or supply names of other consultants to use. Otis Conservation Commission will provide the scope of the work to be done.
Mike Kulig to send an email to the state and copy the Commission to get a copy of the IWPA.
Once wetlands issues are settled, applicant may have to resubmit the plan based on wetlands confirmation.
Bubenas motioned to continue the NOI to Tuesday 1/17/2012 with the consent of the applicant.
Bagwell seconded the motion, motion passed unanimously.
- Public Hearing – RDA – Mass DOT, Amer Raza, Rt. 8 South near 164 South Main Rd, Otis, MA.
During the commission site visit, they found water under the parking lot was flowing under Rt, 8 and into the Farmington River. This creates resource area issues - bank, land under water and bvw .
Amer considers this to be an existed drainage swale and wants to maintain it by removing silt
so it can flow to its maximum capacity.
Zaharis stated that that this is a jurisdictional stream, not just a drain swale.
Question on whose drainage system it is? Amer stated that it is a Mass Drainage system belonging to Mass DOT, but that the property owners of 164 S. Main Rd. approached Mass DOT to maintain the swale to help keep the water flowing
Bagwell speculated that the property was originally swamp land and that at some point the past prior owners of 164 S. Main Rd. filled it in causing the stream to be diverted. Property owner requested DOT to clean it out because it floods their parking lot.
Bubenas motioned to issue a positive determination that the work is subject to WPA and Mass DOT needs to file an NOI as this project would alter, fill, dredge or remove from a jurisdictional resource
Bagwell seconded the motion, motion passed unanimously.
Reminded Mass DOT that there will not be a meeting in December, so if an NOI is filed, it will not be addressed in December
- Public Hearing – RDA submitted by Dennis Aube, 71 North Lake Ave., Otis, MA. Map 17A, Lot 34. To construct a slate wall for the purpose of placing a picnic table and to cut down 3 dead trees. (Hearing Officer – Tom Bagwell).
Wants to create a flat spot for a picnic area using gravel and slab.
Plans to do the work next year.
Will remove the tress when he can get someone to cut them.
Bagwell motioned a negative determination.
Bubenas seconded the motion, motion approved unanimously.
Applicant also inquired about extending his dock. Commission suggested he go online and see if he has a chapter 91 license if not, he can apply to Mass DEP.
- Public Hearing – NOI submitted by Valerie Bird on behalf of Laura Hanahan of 51 Pine Grove Ridge, Otis, MA., Map 15D, Lot 98 for the construction of a single family home. (Hearing Officer – Tom Bagwell).
Still waiting for NHESP.
Will use silt fence 10’ from bank while they demolish the existing structure. Demo materials will be taken away.
Will build in same footprint. Will use 3’ of stone around the foundation.
Proposing to drill a new well. Well will be on owners property about 45’ from house.
Adding a new tight tank for septic. Current cesspool is dry and will be filled with sand then abandoned. This was supposed to be done in 1995, but was never completed.
No trees are being taken down.
Concern from Lake Avenue West Association about the Right of Way. They want to make sure that they will be able to retain their privacy and buffer zone.
Valerie Bird to resubmit a new narrative stating that owners will ensure that if the Right of Way is disturbed in any way, it will be restored back its previous condition.
Bubenas motioned to continue the NOI to Tuesday 1/17/2012 awaiting NHESP & revised narrative with the consent of the applicant.
Bagwell seconded the motion, motion passed unanimously.
- Public Hearing—Continuation—NOI submitted by Arlene and Joel Fishkind, to reconstruct a boat house, a retaining wall, a cottage foundation wall, a new septic tank, and a pump chamber at 23 Pleasant Drive in Otis, Map 15D, Lot 33 (Hearing Officer: Susan Bubenas)
All plans and construction methodology has already been discussed.
Received NHESP.
Based on October meeting, we received the planting plan with a detailed list of plants to be used. Lots of trees, shrubs and perennials.
Bubenas motioned to approve the NOI with the revised plan and narrative of October and the revised planting list of 11/21/11.
Bagwell seconded the motion, motion passed unanimously.
Public hearing closed at 7:40PM.
- Had 3 Emergency Certifications from Chris Bouchard on Becket, Pearl and Lee-Westfield roads culverts. Emergency orders filled out and put in Highway inbox.
- Enforcement Orders – all those that are open – review status and next steps – update tracking sheet (McAllister, Raymond, Peterson, Lodgson/Carrington)
317 Pine Road - Terry Gould inquired about this property and was informed that their hearing was continued to January 17th because he needs to have a wetlands delineation and planting plan done.
1954 East Otis Road - property along the bank has been planted with blueberries, river birches, maples and other fruit trees. Commission per inspection by Zaharias s satisfied with the restoration and will monitor for 2 growing seasons. Commission concurs with the owners that there are 2 trees within 40’ of the residence that need to come down.
26 No. Gate Island Rd – needs to come to the January 17th meeting.
Lodgson / Carrington – Zaharis to issue an Enforcement order for Carrington since it was determined that Lodgson was not the owner.
175 Lee Westfield Road – Would like to do another site visit to review summary provided by their consultant and determine what additional steps or plans are necessary. Bubenas to send a note and have them attend the January 17th Meeting.
- Voted to approve 2012 calendar – Roxanne Beaudry to determine how to post on website and other required locations
- Reviewed and approved minutes from Sept 26 & October 5, & October 17th 2011 Meetings
- Any topics not reasonably anticipated by the chair
| 
