HomeMy WebLinkAbout02082010 CONSERVATION EXECUTIVE SESSIONTown of Mansfield
Conservation Minutes
Executive Session RE-CE IVED
February 8,2010 � `� (;LFRIG S OFFICE
Present: Joseph Mulkern, Chairman; Paul Boyden, Vice Chairman; Michele NI1te;Wb@6Calilth%gll2_3role Matthew;
Elizabeth Leidhold, Conservation and Environmental Planner; Robert Mangiaratti, Town Council.
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Absent: Jack Smith and Derek House. H A S S A C `U i (_ j j$
Meeting called to order at 6:00 pm.
Motion: To enter into Executive Session for the purpose of discussing 23 Lakeview Avenue and return to open session
(Cauldwell - Boyden)
Roll Call Vote: Joseph Mulkern, aye; Paul Boyden, aye; Michele White, aye; Colin Cauldwell, aye; Carle Matthew, aye
Vote: 5 -0 Passes
A new block patio, a landing with stairs leading from a new addition out to the new patio, new decking and an additional
stair, using pressure - treated lumber, leading down to Greenwood Lake, were added without permits, in violation of the
Order of Conditions and encroaching on the 25 -ft. no touch zone.
Attorney Robert Mangiaratti said he knew tine board was concerned about being consistent when handling cases such as
this; they are concerned about future work being done by neighbors of Mrs. Memory if she is not made to correct the
violations within the 25 -ft. no touch zone.
Mrs. Memory's attorney, Marc Antine, in a letter dated December 21, 2009, proposed a plan for the board's approval. The
current area of pavers is 355 sq. ft., 123 sq. ft. more than the two (2) existing patios (232 sq. ft.). Mrs. Memory proposes to
remove 123 sq. ft. of pavers and an additional 38 sq. ft, of pavers to compensate for the 38 sq. ft. of stairs off the real- area
of the house. A total of 161 sq. ft. of pavers would be removed. The pressure - treated stair and landing would be replaced
with a composite material.
In Attorney Antine's letter, he cited 2.2 (4) of the Mansfield By -law — " Normal maintenance, repair, replacement or
improvement to any existing private residential property or components, including, but not limited to: fences, hedges,
gardens, lawns, retaining or stone walls, patios, lamp posts, flag posts, or mailboxes. Project proponents must thoroughly
check with the Commission or its agents for applicability." Mrs. Memory, at previous hearings, told the board the former
agent, without approval from the board, approved the proposed work within the 25 -ft. buffer.
Attorney Mangiaratti told the board the burden of proof would be on the Conservation Commission. He said it would be
easy to prove the alterations were done in the 25 -ft. area — the pavers, stairs and landing for the addition and the stairs
leading down to the water — but he said it would be hard to counter Mrs. Memory's claim that the former agent, Michele
Grenier, approved the work Mrs. Memory proposed.
Attorney Mangiaratti said the time and money spent to research and argue the case in court would be costly to the town; to
star the proceedings could cost the town $10,000. He said to proceed with the coma case would require the approval by the
Board of Selectmen and at this time the Selectmen would have a problem taking enforcement action. He said it was not a
sensible thing to do; there is a risk of losing the case, with the town required to pay Mrs. Memory's legal fees. He advised
the board to accept the settlement made by Attorney Marc Antine, Mrs. Memory's lawyer. The corrective measures would
be visible to the neighbors which would discourage any figure work planned.
Joe Mulkern said he was concerned the neighbors would feel they could do any work they wanted with little consequence.
Paul Boyden said he would like all the pavers removed and he is concerned about the stairs by Greenwood Lake. He said
the elevations are way off on the property, trees were removed and excavation was done on site. lie is also concerned
about run -off from the pavers going into the lake because there is no siltation control.
Carole Matthew would like a letter from Attorney Mangiaratti stating what was done to remedy the situation and why.
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Attorney Mangiaratti suggested an engineer be hired to check the elevations. Elizabeth said there is no consistency; every
plan submitted is different as far as the elevations are concerned. She said it is evident that fill was removed and replaced,
yet the elevations on the plans do not reflect this.
Elizabeth asked that a plan be submitted with accurate elevations, showing both before and after elevations. She also asked
that a more detailed restoration plan for the buffer by the lake and a plan showing the proposed siltation barriers be
submitted. She also agreed that Attorney Mangiaratti submit a letter stating the former agent did not apply the by -law
properly when allowing the work to be done and what steps would be taken to remedy the situation.
Attorney Mangiaratti cited 2.2 (4) again regarding the normal maintenance, repair, replacement or improvement of patios
and 2.5 concerning grading work associated with additions. He told the board the language in the by -law concerning
exemptions is very vague, creating very large loop holes He said Mrs. Memory had a right to improve or replace the patio.
Elizabeth asked if he was saying the work was allowable. Attorney Mangiaratti said the work was not a clear cut violation
of the by -law.
Elizabeth said the board could require Mrs. Memory to obtain a Chapter 91 license for the deck, stairs and dock. She said
this requirement could be put in the Order of Conditions. A Certificate of Compliance would not be issued until this
condition was met.
Carole Matthew said the wetland line is at Greenwood Lake and all the work done is within the 25 -ft. buffer zone and the
work was done without an Order of Conditions. The board can offer a counter proposal to the proposal submitted by Mrs.
Memory. The board should ask for the real grade of the site, plantings along the bank to provide a buffer, removal of the
pavers, how much space between the pavers and the letter from Attorney Mangiaratti outlining his recommendations to
resolve the issue.
Attorney Mangiaratti told the board they could impose a fine for the work done in the buffer area without an Order of
Conditions, a violation of the by -law. Joe Mulkern suggested the fine be equal to Attorney Mangiaratti's fees.
Attorney Mangiaratti said the mistakes made by MichBle Grenier, the former agent, are not binding on the Commission —
everyone agrees Mrs. Memory violated the state act and the by -law by working in the buffer zone.
Colin Cauldwell made the motion to establish a fine of $1,500 and require Mrs. Memory to take out the pavers as proposed.
The following should be submitted: a detailed plan of the permeable pavers and how much space should be between each
paver; an as -built with the correct elevations, showing before and after elevations; a siltation control plan; a planting
scheme for the plantings in the buffer along the bank of Greenwood Lake; planting scheme to be approved by Elizabeth;
reports and pictures of the plants are to be submitted through two (2) growing seasons to make sure the plants are healthy.
Carole Matthew seconded.
Motion passed 5 -0 -0.
Elizabeth asked Attorney Mangiaratti about adding fees for inspections and violations; would the fees have to be approved
at Town Meeting? Attorney Mangiaratti said no, the board does not have to go to Town Meeting to add or change
regulations; the changes should be treated as regulations. The process to change or add regulations is in the town's by -law.
A notice must be published in the local paper and the meeting posted.
Gift of Land from Norman Vickery, South Main Street, Parcel 2 (Map 14, Lot 22): When Newell Vickery died in 1948, lie
left the property to his wife Elizabeth J. Vickery. When she died in 1979, her estate was left to her five sons. One son has
died; the remaining sons would like to donate the land to the Town of Mansfield. In order to give the laud to the Town of
Mansfield, the heirs of the deceased brother would have to be notified and a probate petition would have to be filed for the
deceased brother.
Attorney Mangiaratti said Norman Vickery does not solely own the property and advised against taking the land until the
title is clear. He said he will contact Agent Ken Parsons.
Lou Andrews joined the meeting. He said NRT can help with the title search; he will talk with the NRT board.
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Attorney Mangiaratti asked if the board could afford to pay the legal expenses to clear the title. The board will check to see
if there are resources available to cover the cost. The board asked Attorney Mangiaratti to move forward to clear the title so
the land can be donated to the town.
Motion: To close the Executive Session and return to open session
(Boyden — Cauldwell)
Roll Call Vote: Joe Mulkern, aye; Paid Boyden, aye; Michele White, aye; Colin Cauldwell, aye; Carole Matthew, aye.
Vote: 5 -0 -0 Passes
Motion: To adjourn at 7:10 pro.
Vo . - - asses
k,44--L, 1 -2
Joseph Milk rn, Chairman Date of Approval
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Date of Release
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