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HomeMy WebLinkAboutCONSERVATIONminutes08242009 Conservation Meeting August 24, 2009 Present: Joseph Mullkern, Chairman; Paul Boyden, Vice Chairman; Michele White; Carole Matthew; Derek House; Colin Cauldwell; Jack Smith. 11. Meeting called to order at 7:00 pm. 65 Elyse Road: Homeowner Michael Camillo was told he did not need to file with Conservation for an above-ground pool. 12. RllqllestfotDetermil1ationOfApplicability:PedroLaredo,858.Sch001 Street. The Request for Determination of Applicability was filed to rebuild a shed within the buffer of wetlands. Mr. Laredo and his granddaughter Lissandra Paredes were present. Lissandra told the board her grandfather wanted to rebuild the shed on the existing foundation. The new shed would be taller than the original. Paul Boyden told the board the shed was getting water underneath and the board expressed concern over what would be allowed by the building department. Colin Cauldwell suggested, because the area is very wet that Mr. Laredo pull the shed forward closer to the house and out of the wetlands. He told Mr. Laredo to consider putting the shed on patio blocks; this would protect the wetlands and make the new shed more usable. Paul Boyden told Mr. Laredo the shed should be about 10 to15 feet from the existing foundation. Colin Cauldwell said if Mr. Laredo needed help with the location he could call the office and someone would come out and site the shed. He asked that Mr. Laredo get rid of the concrete from the old foundation. Jack Smith said it will cause more disturbance to the land if the concrete is removed; machinery would have to be brought in. Mr. Laredo was told to remove the foundation if possible without damaging the area. Colin Cauldwell made the motion to accept the new 12 ft x15 ft. shed at 858 School Street, similar to the original shed, pulling the shed out of the wetlands and if possible, to remove the existing concrete slab. A Negative 3 Determination was issued. Jack seconded. Passed 7-0. Hearing ended at7:10 pm. I 3. 69 King Street: Michael Donovan, Fidelity Joint Ventures, Inc. #211-0834 In a letter dated July 14, 2009, Rick Alves, Senior Engineer, noted that there was approximately 60 cubic yards of fill within the flood plain. Since the applicant was unable to compensate for the fill, Rick Alves recommended the 60 cubic yards be removed with the removal of an additional 108 cubic yards for a total of 168 cubic yards. This was to allow for the addition of 4" of loam after the excavation. 1 Michael Donovan told the board the excavator started to remove the fill prior to the last meeting. The excavation was stopped because, as they were removing the 60 cubic yards of material, they realized loam was being removed. The 108 remaining yards were not removed because it would only have to be replaced. Michael Donovan believes the site can be left at these heights and not have to bring in additional loam. Ralph Maloon, RIM Engineering, Inc., marked the stakes this morning. The lot is 3" below the previous grade of the lot and in certain areas additional material was removed to compensate for the 60 cubic yards already removed. Paul Boyden asked Michael Donovan if all trash/debris from the old house (behind the siltation fencing) had been removed from the wetland area. He said everything had been cleaned up. The propane tanks and pads for the tanks have also been removed. Michael Donovan told the board he came tonight hoping the board would issue an Order of Conditions. He asked if John Sullivan would be available on Wednesday to make sure the site has been graded properly so the project could move forward towards dealing with the Enforcement Order so the property can receive the OC and COCo Michael Donovan inquired again about the fence for the 50 ft. line. He told the board the letter of June 22, 2009 did not mention the fence. The letter asked that the following be submitted: an as built drawing with the current elevations of the site, certified and stamped by an engineer; drawing should indicate the fifty (50) ft. setback from the wetland line; and an overlay of the existing elevations as compared to the original drawing, dated January 7, 2008. He told the board a corner of the house is within the 50 ft. The as built plan, dated July 6, 2009 does not show the 50 ft. setback from the wetland line. Michael Donovan told the board the After-the-Fact Notice of Intent needs to be disposed of, the Order of Conditions and the Certificate of Compliance issued to go forward with the sale of the house. The Commission will work on the conditions to be included in the deed restriction. Hearing ended at 7:25 pm. I 4. Medline - #211-0706 Mark Beaudry, Civil Engineer with Meridian Associates and Pete Carl of Carico Construction, Inc., the site contractor, were present. Mark Beaudry told the board the drainage system is not complete; 1 outlet control structure has not been finished. The berm is in. Mr. Beaudry explained the drainage sequence to the board. John Sullivan and Rick Alves of the Engineering Department have reviewed the drainage very thoroughly and have approved the system. Colin Cauldwell said the representatives were asked to tonight's meeting because of issues concerning the swale; the pumping out of the retention basin into the drainage ditch, siltating 400-500 yards of the swale. 2 Mark Beaudry told the board steps have been taken to correct the problem; the hay bales were not containing the run-off. Rick Alves, after visiting the site August 10, 2009, asked that the hay bales be doubled up to help alleviate the problem. Pete Carl asked that members of the board come out to the site. He told the board the swale starts on Medline property but parts of it are owned by Mass Highway and ANB. If Medline should clean up their end of the swale, it will just back up unless the whole swale is cleaned. Jack Smith said the entire swale needs to be looked at and cleaned. Paul Boyden told the board he has phone calls into to ANB in California. Pete Carl told Paul to call the Boston number. Paul will try to get in touch with the other owners and will keep Medline posted. I 6. New Business: 14 Fieldstone Drive: homeowner inquired about clearing trees from a portion of the yard in the back corner of the property. Paul Boyden and Michele White went out to the property last week. The plan in the file dated 1993 shows wetlands on the property. The GIS map (2006) does not match the plan - wetlands are not shown. Michele White made the motion recommending an RDA be filed and a new delineation of the wetlands be done. Derek House seconded. Passed 7-0. Before signing off on future building permits, a site inspection will have to be done by the agent. Julie Freshman of Resource Controls will be filing an RDA on behalf of Verizon for the installation of conduit (FIOS). Paul Boyden, Joe Mulkern and Michele White went to the meeting with Verizon last Wednesday, August 19, 2009. A list of streets involved was included in the package presented at the meeting. Paul noted that some streets were not shown; the new agent will have to watch this project closely. Michele White said some of the proposed work areas have a number of potential vernal pools; no work will be allowed within 100 ft. of the pools. Julie said she could comply with this. Julie wanted to get approval of the entire project; Paul sees many problems with this project. Verizon will submit for the September 14, 2009 meeting. Mansfield Crossing Mall - #211-704: Ann McMenemy called and would like to start the process to file for a Certificate of Compliance. Paul Boyden spoke with her and reminded her there are two site locations that have not been completed that lie within 100 ft. of a stream or wetlands. Through an e- mail, Ann was told only a partial COC can be given. The board wanted to know if the OC has expired. Lou Andrews: Discussion concerning land off Gilbert Street. He will return September 14, 2009. I 6. Old Business: Catherine Memory, 23 Lakeview Avenue - #211-0780 3 Catherine Memory, Attorney Marc Antine and Michael Trowbridge of Hutchins-Trowbridge Associates, Inc. were present. Attorney Antine asked Mrs. Memory to tell the board what the property consisted of when she purchased the house in 1980. Catherine Memory gave a detailed history of the property from the time of purchase up to the completion of the addition and the filing of the request for the Certificate of Compliance. At the time of the purchase in 1980, there was a small patio, approximately 5x6. In 1992, the 24 ft.x30 ft. cottage was winterized and small oil shed added. A small deck was approved by conservation in 1995. Catherine showed the board a picture from 1995 of the deck and an additional patio. At this time a plan was presented to the board showing 3 patios; this was the first time the board had seen this plan. It is not the one submitted with the request for a Certificate of Compliance. Michael Trowbridge said the plan was dated July 20, 2009 and the one he submitted at the hearing of the same date. Paul Boyden showed Mr. Trowbridge the file plan submitted along with the request. Mr. Trowbridge: "Look at the tape of the last meeting. You will see I presented this plan." Derek House asked the square footage of the present walk ways and patios. Michael Trowbridge said it was never measured. Derek said he thought the patio was about 800 sq. ft. Joe Mulkern commented that everything is in the 25 ft. no touch area. Attorney Antine: "There is no question that the patio is in the no touch area; the issue that we are going to discuss with you after we go through the history is that under your by-law the Conservation Agent gave Mrs. Memory permission to construct the patio. Then the question is going to be what was said, which I assume you are interested in." Joe Mulkern: "That's the problem; we have no record of anything." Colin Cauldwell asked that Mrs. Memory finish the history of the property first before the board comments. Derek House asked that copies of the pictures Mrs. Memory was presenting at the hearing be given to the board. Mrs. Memory told the board when she started living there year-round, pink patio bricks were added to the 5 ft. x 6ft. patio. Derek House asked if this patio was permitted. She said no. Attorney Antine said the wetland by-law and the 25 ft. no touch zone was not adopted until 1999. Colin Cauldwell told him the patio would still be under the Wetland Protection Act. "You would have been allowed to do the work but it would have to be permitted." Catherine Memory told the board a second patio, approximately 5 ft. x 6 ft., with red building bricks also existed when she purchased the home. A third patio, with grey bricks is located near the dock. In a 1980 photograph, in a corner of the house by the water, there is a set of stairs. The house had 2 matching doors with brick steps. A flagstone path led from the stairs to the water. Mrs. Memory told the board all the flagstone was removed just before construction began in 2006. 4 In a 1980 photograph, there is a retaining wall, steps down to the water and a dock. No more work was done until June 2006 when the septic system needed to be replaced. Michael Trowbridge drafted plans for the septic replacement. At this time, since the yard would already be dug up, Mrs. Memory decided to do an addition. The Notice of Intent was for the septic and the addition. Attorney Antine submitted copies of the Notice of Intent with the original plan, the Order of Conditions, the Request for a Certificate of Compliance with an as built and a letter from Michael Trowbridge, copies of the Enforcement Order and copies of the Mansfield Wetland by-law. Derek House asked if the plan submitted with the Notice of Intent and the Order of Conditions showed the patios and walkways. Michael Trowbridge said no. At this time, Paul Boyden told Attorney Antine there is a change in the plans; "variance required for purposed renovation" does not appear on the original plan. Mrs. Memory said she went to the Zoning Board of Appeals because she needed a variance (October 2007). The variance was granted. She applied again and received part of what she requested (March 2008). She wanted to add an attic to the house - the attic, which would have increased the height of the house by 3 feet, was denied but the gable on the roof and the relocation of a door on the driveway side was allowed. Paul Boyden said she should have returned to Conservation after the 2nd variance request. The door and the stairs are in the 25 ft. no touch area. Attorney Antine told the board copies of the plan (not seen by the board until tonight) showing the 3 patios would be submitted. Mrs. Memory told the board that the septic system was done in June 2006 but the addition was delayed. In 2007 she proceeded with the addition. As the building progress, Mrs. Memory decided she wanted an attic. She discussed this with Nick Riccio, the Building Inspector; he told her she would need to go back to ZBA. She also went back to Conservation because she felt if she had to go back to ZBA, there might be Conservation issues also. Michele Grenier, the agent, said it was not necessary to file (Mrs. Memory said Karen Lawlor the ZBA secretary was present, but she was not sure if Jane Doucette, conservation secretary was present). In March 2009, Mrs. Memory received a message from Michele Grenier telling her the Order of Conditions (OC) was going to expire soon; she could either file for an extension of the OC or apply for a Certificate of Compliance. Mrs. Memory contacted Tim Boswell, the contractor, on March 31. 2009, to move ahead with the project. She also contacted Michele Grenier at this time. Michele went out to the house between March 31st and April 10th. Mrs. Memory showed her the house and all the work that had been done. Around this time Mrs. Memory became concerned about a tree leaning toward the house. She was not sure if she could take the tree down. Tim Boswell told her he would contact the agent about the tree. Michele Grenier came out to check the tree and told her she could take the tree down. Mrs. Memory asked Michele to look at the area where the planned patio would go. Attorney Antine asked Mrs. Memory if the area was marked in anyway. Mrs. Memory said the area for the patio was marked out by the landscaper in white landscaping chalk, the same basic design that was eventually built. At this time Mrs. Memory also was working with Nick Riccio, Building Inspector and Zoning Enforcement Officer, regarding the stairs. He told her she had to have a landing, a railing and he told her the height requirement of the stairs, all building code requirements. She told Michele Grenier about 5 the stairs, telling her she wanted the stairs to also go to the patio doors. Michele: "You have a door there, you need stairs. You don't have to do anything. Your fine." Mrs. Memory and Michele Grenier talked about the patio on the side of the house; Michele told her she could restore it. Mrs. Memory told her she would like to move the patio closer to the new steps. Michele Grenier told her the area was already disturbed and told her she could. Mrs. Memory said she told the agent she wanted the patio to connect all the doors on the property. She also showed Michele Grenier the stairs leading to the water. She told her the stairs were rotted. Tim Boswell replaced the stair. An additional step was added and the area leveled. Pressure-treated lumber was used. Attorney Antine: "What did Michele Grenier tell you as to what if anything further you had to do with Conservation in order to be able to have the brick patio built?" Mrs. Memory told the board that when the agent said she could do it, she asked if she needed to file a form and go back to Conservation, Michele Grenier said no, she did not need to file, she was fine. The stairs (on the driveway side of the house) with a landing were installed April 29 & 30. The landscaping was finished June 26, 2009. The lawn area was hydro-seeded on June 26th. Mrs. Memory told the board that the heavy rain storm on June 2yth washed away the seed. She applied for the Certificate of Compliance July 1, 2009. After receiving the Enforcement Order, dated July 7, 2009, all work was stopped. Board Comments: Jack Smith said he had no questions at this time. Derek House asked if Michele Grenier had sent a letter to Mrs. Memory stating she had been on the property. Mrs. Memory said no, Michele did not send a letter. She said she never thought to ask for anything in writing. Paul Boyden: "So there is nothing in writing on anything you have said about the agent - all the work that's been done, there is not a thing in writing on it?" Mrs. Memory: "People knew it was being done." She said Jane (Doucette, the conservation secretary) would probably be able to verify that she came in to the office and called frequently. "People would ask about the tree. Jane was aware I had asked for that. People asked about the tree and the patio. People knew I had asked her (Michele) about it. Derek House: "Was there anything in Michele Grenier's field notes?" (Michele's field books were brought to the meeting; nothing in the notes about 23 Lakeview Avenue concerning tree removal or the patio) Derek told Mrs. Memory that the agent could make the decision concerning the tree because it was a safety issue. Derek House asked if the silt fence and hay bales were installed and certified. Mrs. Memory said the siltation fence was installed but the hay bales were not. She said no one said the hay bales were necessary. On January 31, 2008, the contractor on the site asked to have the silt fence inspected so he could start excavating. Mike Ahern, Conservation Constable, discovered the silt fence had been improperly installed. He called the contractor and told him the fencing needed to be redone; the trench needed to be deeper and hay bales also needed to be added. At the time of the site visit for the 6 Certificate of Compliance, the silt fence/hay bales had been removed. Mrs. Memory told the board she understood that when the excavator was ready to restore the land, he talked to Michele Grenier and she gave permission to remove the erosion control. Colin Cauldwell told Mrs. Memory that the silt fencing/hay bales have to remain in place until the area is stabilized (Condition #17). He said "it would really be beneficial to you to read the Order of Conditions." Mrs. Memory: "I did read that but I trusted that Michele, whether I did that correctly or not, in all honesty I did trust that Michele would be the one to tell me what things had to go and what things didn't because she was the designated agent for Mansfield. No one at Town Hall ever once said you need to do something else besides what Michele tells you." Colin also read condition #13 of the Order of Conditions - [any changes to the plans identified in Condition #12 (the work shall conform to the plans and special conditions referenced in this order) shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of a new Notice of Intent]. Colin Cauldwell: "This board is here to enforce the Wetland Protection Act and the local by-law. The board has been put in a terrible position." Attorney Antine told the board he was Town Council for Raynham for 3 years and Town Council for Rehoboth for 6 years. He told the board he does a lot of this kind of work and deals with local wetland by-laws in many municipalities. He said he had looked over the Mansfield by-law. He told the board he has a very different interpretation. He cited 2.1 and 2.2 (4); normal maintenance, repair, replacement to any existing private residential property including, but not limited to: fences, gardens, lawns, retaining or stone walls, patios, lamp posts, flag poles or mailboxes. Project proponents must thoroughly check with the Commission or its agent for applicability. He told the board Mrs. Memory did everything she could to follow the rules, including working closely with the agent. The agent told her she could do the work (patio and stairs) because the site was a previously disturbed area and she did not have to come back before the board. Colin Cauldwell told Mrs. Memory she needed a permit to do this work. "However, we may have allowed you to do this work. There certainly would have been conditions placed on this project that the board did not get a chance to do because you got false or bad or incorrect information from a person you had no reason to distrust." Attorney Antine: "We are here to try to work with you so that we can do what the Commission reasonably needs to have done so that we can get past this problem and if it means Mrs. Memory has to go back and put in hay bales and silt fences and other things the Commission feels has to be done, we are ready to work with you to do that. We see this as a really bad situation. We want to work with you to resolve it." Colin Cauldwell said Mrs. Memory needed to add topography to the as built. He told her there is no siltation control on site presently; this is a violation. He asked about the steps to the water - did she place any material to raise the grade substantially adjacent to that area? Mrs. Memory asked her contractor, Tim Boswell, for this information. Mr. Boswell said 1 step was replaced and a step was added. Carole Matthew asked Colin Cauldwell why he thought Mrs. Memory should have applied for another permit for the patio. He told her because of the scope of the work. He said if Michael Trowbridge had come before the board and said there is an old patio here, here are the pictures, this is what we want to 7 do, the board could have said don't raise this so much, don't use pressure-treated lumber near the water. The board did not have a chance to have an opinion on any of it. Carole Matthew said she considers it a new patio. 2.2 (4) does not apply here. If it was a repair, replacement or improvement there would not be a problem. Paul Boyden was concerned there are no elevations shown on the plans. Joe Mulkern said everyone who lives near water knows about the 25 ft. no touch area. He is concerned about the grading done on the property. He told Mrs. Memory that if she had taken out the old patio and put in a new patio in the same spot it would not be an issue. The new patio is much bigger. He said there are people here tonight who have come before us in the past or will need to come before the board to put stairs or a patio in and were denied or would be denied because of the 25 ft. no touch area. Michele White said 2.2 (4) is not applicable here; it is not a repair, replacement or improvement. Carole Matthew gave an example of a homeowner who cut down trees in the 100 ft. buffer of a vernal pool. The homeowner had to restore the area. Attorney Antine: "That's a different situation. That's not part of what I would talk about as the exemption of the by-law. Cutting down trees isn't doing improvements to things such as patios." Michele White said you could technically say that anything anyone does to their property is an improvement and this whole thing (the by-law) would not apply. Colin Cauldwell: "I think what that says is, yes, we will allow you to improve your patio and build your deck but you have to come before us and let us know what you are doing." Attorney Antine: "Who is 'us'?" Colin Cauldwell: "The Conservation Commission." Attorney Antine: "How about the Conservation Agent?" Carole Matthew: "No, it does say the agent - that's the only instance. Don't take it out of context. If I had a patio that was falling apart I could call Michele and say I have a patio. She comes out, looks at it, fine. But if I want to put a patio in that's brand new, it doesn't apply." Attorney Antine and Mrs. Memory asked if there was any other information Conservation needed. Colin Cauldwell said the topography needs to be added to the plan and the silt fence re-installed. Michael Trowbridge said he did not think the silt fence was necessary - the area is flat and vegetation is growing back. Joe Mulkern agreed the fencing is' not necessary. Mr. Trowbridge asked Derek House if he had seen the patio. He told Derek the patio area is well under 300 ft.; he said the bricked area is not as large as the pictures make it look. Colin Cauldwell and Jack Smith, with Mrs. Memory's permission, will take a look at the patio tomorrow, August 25, 2009. Carole Matthew said if she had an existing patio and she wanted to do work, 2.2 (4) would apply. If she was adding a new patio, 2.2 (4) would not. Neighbors Marcy Eastman, 35 Plain Street, Wanda Pessine, 65 Plain Street and Dr. Daniel R. Burke of Boston spoke on behalf of Mrs. Memory. Also present: Bob Freerksen, 51 Lakeview Avenue, Ed and MaryAnn Verrochi and Joe Verrochi of 27 Lakeview Avenue and John Murphy, 15 Spruce Street, North Attleboro. MaryAnn Verrochi, 27 Lakeview Avenue, told the board that more than 1 tree was taken down; trees are missing along the water's edge - she showed pictures before and after. Colin Cauldwell asked Mrs. 8 Memory if more than one tree came down. Mrs. Memory: "I can tell you one of the trees was dead and we had people certify it was dead. I asked Michele (Grenier) and the tree was taken down. The other tree was leaning toward the house and the contractor took it down." Mrs. Verrochi told the board she would like to put a door and steps off her kitchen then she would not have to walk around the house to get to the water (the house is approximately 8 ft. from the side property line). She asked if the stairs on the driveway side of Mrs. Memory's house were on any of the plans submitted. She told the board the door that was originally on the side of the house is now on the front of the house, the steps out back by the deck are still there. She wanted to know if the side door was put in there voluntarily. She had pictures of the original steps. Mrs. Verrochi was asked for copies of her photographs. Colin Cauldwell asked if there were 2 separate building permits for the addition and the patio. Mrs. Memory said there was only one permit. Stairs were shown on the Zoning and Building plans but not on the original plan submitted to Conservation. Attorney Antine will make 8 copies of Mrs. Memory's photographs and copies of the plan showing the patios and paths for the board. Colin Cauldwell made the motion to continue the hearing, date to be specified. Derek House seconded. Passed 7-0. The board decided to have Mrs. Memory come back September 28, 2009. Fairfield Green - #211-691: Paul Boyden spoke with Bernie Raftrey. The Certificate of Compliance (COC) was signed as a complete COC but should only have been a partial COC because buildings F and G were not complete. The board also asked that a plan be submitted showing the location of wetland protection signage and contact information for the landscaping/maintenance contractor be provided to Conservation. In addition, reports were supposed to be submitted to Conservation in the spring and again in the fall of 2009 on the health and/or replacement of the replication area plantings. The spring report was not submitted. Bernie Raftrey said everything has now been completed. Paul would like Mr. Raftrey to come to the September 14, 2009 meeting; he should bring the NOI, OC and the COCo Maple Street Vernal Pool #1968 - Map 40 - Parcel 92, Lester Epstein: Attorney Brandon Moss told Paul there has been no transmission between him and Mr. Epstein's attorney. The October court date is still open. 15 Pattys Road: homeowner applied for a building permit to build a deck for an existing above-ground pool. The homeowner should have submitted an RDA. A new septic system has also been recently done. Carole Matthew said the property is being sold. Carole asked that a letter be sent to the new owner informing them they are in a Natural Heritage area and no work should be performed without consulting with Conservation first. 9 Conservation Land: Paul went to see Sea Kearney, acting Town Accountant, about the Conservation land account. There was supposed to be $250,000 in the account; $100,000 is missing from the fund. There is $150,900.00 left in the account. He has also asked Sea to look into where the $25,000.00 donation to Conservation by W/S Development Associates LLC (Mansfield Crossing) has gone. Colin made the motion to accept the minutes of August 10, 2009 as written. Paul seconded. Passed 4-0. Jack Smith, Derek House and Colin Cauldwell abstained. 17. Adjournment: Colin Cauldwell made the motion to adjourn at 10:15 pm. Derek House seconded. Passed 7-0. Next meeting will be September 14,2009 at 7:00 pm. c--a~ Joseph MOlkern, Chairman rl-v>_ I,). -1'/-rJr Date 10