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HomeMy WebLinkAboutCONSERVATION12142015_201601130942Town of Mansfield Conservation Minutes December 14, 2015 Present: Michael Healey, Chairman; James Turnbull, Vice Chairman; Christopher Marcheselli; Jack Smith; David Hobaica; Magdalena Lofstedt, Acting Agent. 1. Meeting started at 7:10 pm. Request for Certificate of Compliance: Cross Tie Construction, LLC, Robert Meeks, Williams Street /Buckskin Drive, Map 6, Parcel 48, 152, 153, 154, & 155. DEP SE 211 -0747 Anticipated withdrawal. Ms. Lofstedt said a letter of withdrawal was not submitted and recommended the hearing be continued. Mr. Turnbull made the motion to continue the hearing for Cross Tie Construction, LLC, Robert Meeks, Williams Street /Buckskin Drive, Map 6, Parcel 48, 152, 153, 154, & 155, DEP SE 211 -0747, to January 11, 2016. Mr. Smith seconded the motion. Motion passed 5 -0 -0. Hearing ended at 7:12 pm. 2. Request for Certificate of Compliance: William McDermott, 18 Martha's Way, Map 3, Parcel 295. DEP SE 211 -0914. Ms. Lofstedt explained at the November hearing Mr. McDermott discussed the inability to install a fence along the culvert and the Commission agreed that a fence was not necessary because the driveway is only 10 feet wide opposed to the approved 12 feet. Ms. Lofstedt did a site inspection on December 10, 2015; the driveway has been completed and the required signs, one on each side of the culvert, have been installed. She recommended the driveway shoulder be cleaned up and, because the vegetation has not germinated, new compost logs should be re- installed along the shoulders to protect the stream and culvert during the winter months. Mr. Turnbull made the motion to issue a full Certificate of Compliance to William McDermott, 18 Martha's Way, Map 3, Parcel 295, DEP SE 211 -0914. Mr. Marcheselli seconded the motion. Motion passed 5 -0 -0. Hearing ended at 7:15 pm. 3. Discussion of 2014 Determination issued to Michele Desantis, 62 York Road. The Request for Determination was submitted in 2014 for the conversion of an existing deck to a three - season room, using the existing deck footings, and the removal of one mature pine tree on a fawned area within 100 feet of a Bordering Vegetated Wetland. Ralph Maloon of RIM Engineering Co., Inc. said during the winter of 2015 the existing deck collapsed. He said an addition with a full foundation, deck and patio were constructed and a retaining wall was added to stabilize and maintain the slope and shrubs were planted. Mr. Desantis said he filed a Request for Determination of Applicability (RDA) in November 2014 to remove a pine tree and enclose an existing 12'x30' deck for a three - season room but did not attend the hearing. He said during the 2015 winter storms, an ice jam formed on the roof and fell, causing a total loss of the original deck. After reviewing the loss, Assistant Building Inspector Lee Day said the original deck would not meet today's code. Mr. Desantis said after negotiating with the insurance company, he hired an engineer to design an addition with new footings and then applied for a building permit. Construction of the addition was started and a landscaper was hired to restore the area. When a final building inspection was done, Mr. Day noticed a significant amount of work had been done. Mr. Healey said by keeping the existing footings, the potential for any adverse impacts to the resource area would have been minimized. He said the plan submitted with the RDA filing noted the existing deck was to be enclosed, using the exiting footings. Mr. Turnbull said Mr. Desantis should have come back with a new proposal. Mr. Hobaica asked if the footprint had changed. Mr. Desantis said the addition was built within the footprint of the original deck. Mr. Hobaica noted that a deck with a landing and stairs, a patio and retaining wall were added. Ms. Lofstedt recommended a Notice of Intent be filed with mitigation for the work done within the resource areas. Mr. Marcheselli, at the November 2014 hearing, asked what would happen if the Determination was issued using the existing footings, but once construction started, a full foundation or new footings were determined to be necessary. At that time, Ms. Gonyer said the applicant would have to submit a revised plan for the Commission's approval. A Special Condition was added to the Determination that the Limit of Work be inspected by the Agent prior to the commencement of work. He agreed Mr. Desantis should file a Notice of Intent and said at this point, removing anything currently there would be more detrimental to the resource areas. Mr. Hobaica asked why the Commission would approve a filing without the homeowner and /or representative present and suggested this be addressed at a future meeting. Hearing ended at 8:00 pm. 4. Notice of Intent: Homam Sengaba, 8 Jewell Street, Map 6, Parcel 47. DEP SE 211 -0951 The application for a Notice of Intent was filed for Homam Sengaba, 8 Jewell Street, Map 6, Parcel 47, to raze the existing house and construct new single - family dwelling with landscaping within 100 feet of a Bordering Vegetated Wetland. Owner Homam Sengaba was present. Mr. Sengaba said Ms. Gonyer reviewed the project with RIM Engineering and revised plans were submitted with the following revisions: e The fence line ends at the Limit of Work not at the wetland line. e The Limit of work was revised as a squared off limit with a line of Arborvitae Revised plan notes #1 -7 Added hatched area where debris is to be removed, by hand if possible or light machinery if necessary. o Landscape areas to consist of native plantings and not to be done until Agent or Representative has met with Landscaper. o Details of proposed drainage structures. a Mulch beds will be allowed to grow naturally. Mr. Sengaba asked if he could cut the two (2) pines trees located outside the buffer (mulch bed) now when the rest of the trees are cleared. Mr. Turnbull suggested Mr. Sengaba tag the trees to be removed, to be approved by the Agent or Representative. Mr. Healey said the trees must be flush cut and stumps are not to be removed. He said no vegetation should be removed beyond the Limit of Work with the exception of the two trees discussed. He said the existing drain structure will remain intact; Notes #1 -7 are to be included with the Order of Conditions; the type of drywells, one for the roof and one for the foundation, should be included with the new plan; a new shed will be located to the left and behind the proposed house; an existing shed to the right of the property will be removed; miscellaneous debris on the property can be removed. Mr. Marcheselli made the motion to issue an Order of Conditions to Homam Sengaba, 8 Jewell Street, Map 6, Parcel 47, DEP SE 211 -0951, to raze existing house, construct new single- family dwelling with landscaping within 100 feet of a Bordering Vegetated Wetland with the following Special Conditions: 1. No work can be started until the Order of Conditions has been recorded with the Bristol County Registry of Deeds and the receipt of the Order is returned to the Commission filled in by the Registry; 2. All work must conform to the plans referenced as "the plan of record" in this Order; 3. All limits of work and erosion controls shall be installed prior to any construction, clearing, or excavation. The erosion controls shall consist of a 12" diameter biodegradable mulch - filled silt sock with wooden stakes every 10 feet on center or equivalent. In addition to the silt sock, trenched -in silt fence may be required depending on the specific site conditions. See the Conservation Agent (Agent) for specific erosion control design standards. The Applicant shall notify the Agent when any such devices or measures are installed so that a site visit can be conducted prior to the commencement of work; 4. The Commission reserves the right to require additional mitigation or erosion control devices or measures if mitigation or erosion control devices are not adequately installed or maintained on site; 5. The Applicant shall ensure that all demarcation (i.e. limits of work) and erosion control devices will remain in place and be maintained throughout the construction process and until all disturbed areas are stabilized. Stabilization shall be achieved once a complete vegetative cover is reached. Seeded areas shall be covered with a suitable protective cover to allow the seed to germinated and become established. All side slopes greater than 3:1 (but less than 2:1) are to be covered with jute mesh and seeded. At no point shall erosion occur resulting in sediment entering the wetland areas. If erosion occurs, the Agent is to be contacted to review the extent of the erosion and determine follow -up actions; 6. All roof runoff is to be directed in drywells or equivalent drainage components approved by the Commission. The Commission or its agent shall review the locations of the drywells; 7. The Conservation Commission or its agent is to be notified of the starting date of the work prior to its commencement; 8. The Applicant shall be responsible to ensure that all contractors on site during the construction have received and reviewed the Order of Conditions and all plans of record; 9. Wetland flagging must remain in place until the project has been completed and the Certificate of Compliance issued; 10. The Certificate of Compliance shall be requested in writing upon completion of the project. At the same time, the applicant or any successor shall, upon completion of the project; submit an as -built plan and letter signed by a professional engineer, certifying that the work has been done in accordance with the approved plan; 11. Any modifications or revisions to the plan(s) referenced in this Order must be submitted to the Commission for review. For single family lots, this Order is for the structures shown on the plan of record only. Any additional structures including, but not limited to, decks, patios, sheds, pools, walkways and /or any hardscape features must be reviewed by the Commission. If, after their review, the Commission finds that the changes are not significant enough (minor modifications) to warrant an Amended Order or new Notice of Intent, then the revised plans shall be considered the new plan of record. If the changes are significant enough to warrant an Amended Order or new Notice of Intent, then the applicant is required to file accordingly; 12. Prior to receiving a Certificate of Compliance, the Applicant must install four (4) "Environmentally Sensitive Area" 4" plastic disc tree signs along the 25 -foot No Disturb Zone or a location designated by the Commission or Agent. Contact the Conservation Department for details. The 4" discs, hardware and method of installation will be provided by the Conservation Department; 13. No synthetic fertilizer, herbicides, pesticides or fungicides can be used; only organic products may be used; 14. No clearing of any vegetation shall occur beyond the Limit of Work with the exception of the two (2) pine trees the Applicant wants to remove outside the 25 -foot No Touch Zone. Trees to be removed are to be tagged by Applicant and reviewed and approved by Agent or Representative prior to the start of work; 15. All existing drainage structures shall remain undisturbed; 16. Proposed sideline fence is to stop at the Limit of Work; 17. All notes (#1 -7) on the site plan titled "Proposed House Location Plan, 8 Jewell Street, dated October 21, 2015, revised December 8, 2015 (received December 9, 2015) shall be included with this Order (1. An on -site meeting between the Owner, Town Agent, and the Landscaping Agent is to take place prior to any site work; 2. All trees are to be removed with their stumps, within the proposed 5 -ft, wide mulch bed along the east and west property lines to the Limit of Work line shown. Trees are to be cleared and stumped throughout the proposed lawn areas; 3. A fence is to be erected along the east and west property lines to the Limit of Work line shown; 4. At the Limit of Work line Arborvitae trees are to be planted 7' on center. A berm is not to be created at the Arborvitae Limit of Work line; 5. The crosshatched area of the 25 -foot No Touch Zone is to be cleared of all debris first and then reseeded with a Conservation approved seed mix. The debris is to be cleared by hand where possible. Heavy material such as the existing slate pile may be removed using a small rubber tire machine. Seek Conservation approval prior to use of machine; 6. The existing drain pipe running from Jewell Street to the wetland area is to be left in place; 7. High groundwater was found to be at Elev. 165. Proposed drywell are to be 3.5 -ft diameter by 3.5 -ft. deep [see E.F. Shea New England concrete precast mini - drywell. Drywell is to have 4' of crushed stone around it. Use filter fabric on stone); 18. Two (2) drywells will be installed — one (1) for roof runoff and one (1) for foundation runoff, 19. A new shed will be located to the left rear of the property; an existing shed shown on the plan will be removed; 20. An on -site meeting with Agent or Representative, Applicant and Landscaping Company will be conducted prior to the start of work; 21.Miscellaneous debris on site will be removed by hand or light machinery if needed. Plan "Proposed House Location Plan for Hse. No. 8 Jewell Street in Mansfield, MA, dated October 21, 2015, revised December 8, 2015, prepared by RIM Engineering Co., Inc. Mr. Hobaica seconded the motion. Motion passed 4- 0- 1(Turnbull). Hearing ended at 8:20 pm. 5. Notice of Intent: Hemze Sengaba, 140 William Street, Map 6, Parcel 101, DEP SE 211 -0952. The application for a Notice of Intent was filed for Hemze Sengaba, 140 Williams Street, Map 6, Parcel 101, to construct a new single - family dwelling with landscaping within 100 feet of a Bordering Vegetated Wetland. Mr. Homam Sengaba was present. Mr. Healey said a revised plan was submitted with the following revisions: • The Limit of Work was revised to eliminate "mulch bed- selective trimming'. • Arborvitae added along rear Limit of Work. • Erosion control detail along Limit of Work. • Revised plan notes 41 -7. • Landscape areas to consist of native plantings. • Details of proposed drainage structures. Mr. Sengaba said he would like to remove the pine trees in the 10 -foot buffer area between the Limit of Work /siltation control and the 25 -foot No Touch Zone. He asked if the proposed shed, to be located at the end of the driveway, could be moved so the proposed drywell for driveway runoff can be relocated, either under the driveway or to the back of the driveway so the two oak trees in this area can be saved. Mr. Healey said the drywell can be moved as long as it is within the Limit of Work. Mr. Marcheselli said the new location of the shed and the drywell should be shown on an As Built plan. Ms. Lofstedt said a condition should be added that any clearing within the 10 -foot buffer area would need to be approved by the Agent or Representative. Mr. Marcheselli made the motion to issue an Order of Conditions to Hemze Sengaba, 140 William Street, Map 6, Parcel 101, to raze existing house, construct new single - family dwelling with landscaping within 100 feet of a Bordering Vegetated Wetland, DEP SE 211 -0952, with the following Special Conditions: 1. No work can be started until the Order of Conditions has been recorded with the Bristol County Registry of Deeds and the receipt of the Order is returned to the Commission filled in by the Registry; 2. All work must conform to the plans referenced as "the plan of record" in this Order; 3. All limits of work and erosion controls shall be installed prior to any construction, clearing, or excavation. The erosion controls shall consist of a 12" (or equivalent) diameter biodegradable mulch - filled silt sock with wooden stakes every 10 feet on center or equivalent. In addition to the silt sock, trenched -in silt fence may be required depending on the specific site conditions. See the Conservation Agent (Agent) for specific erosion control design standards. The Applicant shall notify the Agent when any such devices or measures are installed so that a site visit can be conducted prior to the commencement of work; 4. The Commission reserves the right to require additional mitigation or erosion control devices or measures if mitigation or erosion control devices are not adequately installed or maintained on site; S.The Applicant shall ensure that all demarcation (i.e. limits of work) and erosion control devices will remain in place and be maintained throughout the construction process and until all disturbed areas are stabilized. Stabilization shall be achieved once a complete vegetative cover is reached. Seeded areas shall be covered with a suitable protective cover to allow the seed to germinated and become established. All side slopes greater than 3:1 (but less than 2:1) are to be covered with jute mesh and seeded. At no point shall erosion occur resulting in sediment entering the wetland areas. If erosion occurs, the Agent is to be contacted to review the extent of the erosion and determine follow -up actions; 6. All roof runoff is to be directed in drywells or equivalent drainage components approved by the Commission. The Commission or its agent shall review the locations of the drywells; 7. The Conservation Commission or its agent is to be notified of the starting date of the work prior to its commencement; 8.The Applicant shall be responsible to ensure that all contractors on site during the construction have received and reviewed the Order of Conditions and all plans of record; 9.Wetland flagging must remain in place until the project has been completed and the Certificate of Compliance issued; 10. The Certificate of Compliance shall be requested in writing upon completion of the project. At the same time, the applicant or any successor shall, upon completion of the project; submit an as -built plan and letter signed by a professional engineer, certifying that the work has been done in accordance with the approved plan; 11. Any modifications or revisions to the plan(s) referenced in this Order must be submitted to the Commission for review. For single family lots, this Order is for the structures shown on the plan of record only. Any additional structures including, but not limited to, decks, patios, sheds, pools, walkways and /or any hardscape features must be reviewed by the Commission. If, after their review, the Commission finds that the changes are not significant enough (minor modifications) to warrant an Amended Order or new Notice of Intent, then the revised plans shall be considered the new plan of record. If the changes are significant enough to warrant an Amended Order or new Notice of Intent, then the applicant is required to file accordingly; 12. Prior to receiving a Certificate of Compliance, the Applicant must install six (6) "Environmentally Sensitive Area ", 4" plastic disc tree signs along the 25 -foot No Disturb Zone or a location designated by the Commission or Agent /Representative. Contact the Conservation Department for signage details. The 4" discs, hardware and method of installation will be provided by Conservation Department; 13. No synthetic fertilizer, herbicides, pesticides or fungicides can be used; only organic products may be used; 14.No clearing of any vegetation shall occur beyond the Limit of Work with the stipulation the homeowner will mark the pine trees he wants to remove and will request an on -site visit with the Agent or Representative and the Tree Company or Landscaper. All trees removed outside the lawn area are to be flush cut and the stumps are not to be removed [Note q3 on plan); 15. Proposed sideline fence is to stop at the Limit of Work; 16. Demarcation of Limit of Work as approved lawn area; 17. All notes (01 -7) on the site plan titled "Proposed House Location Plan 140 Williams Street, dated October 21, 2015, revised December 8, 2015, [received December 9, 2015] shall be included with the Order (1. An on -site meeting between the Owner, Town Agent, and the Landscaping Agent is to take place prior to any site work; 2. All trees are to be removed, with their stumps, within the proposed 15 -ft. wide mulch bed along Williams Street; 3. Existing trees shown are to be saved. The understory plants are to be removed. All tree stumps outside the lawn areas, except as described in Note 1, are to be left in the ground; 4. The Limit of Work line is also the siltation control line; 5. At the Limit of Work line to the rear of the house Arborvitae trees are to be planted 10' on center as shown. A berm is not to be at the Arborvitae trees; 6. Any remaining debris is to be cleared by hand where possible. Heavy material such as the existing slate pile may be removed using a small rubber tire machine. Seek Conservation approval prior to use of machine; 7. High groundwater was found to be at Elev. 165. Proposed drywells are to be 3.5 -ft. diameter by 3.5 -ft. deep [see E.F. Shea New England concrete precast mini - drywell]. Drywell is to have 4' of crushed stone around it. Use filter fabric on stone); 18. Two (2) drywells shall be installed — one (1) for driveway runoff and one (1) for foundation runoff. Applicant will re- locate the drywell to the back of the driveway so the two (2) Oak trees in this area can be saved. The new location of the drywell is to be noted on an As Built plan; 19. There will be no work or trimming, clearing or cutting of any vegetation outside the Limit of Work without the approval of the Agent or Representative; 20. Miscellaneous debris on site will be removed by hand if possible or light machinery if needed. Plan "Proposed House Location Plan for Hse. No. 140 Williams Street in Mansfield, MA, dated October 21, 2015, revised December 8, 2015, received December 9, 2014, prepared by RIM Engineering Co., Inc. Mr. Smith seconded the motion. Motion passed 4- 0- 1(Turnbull). Hearing ended at 8:45 pm. 6. Correspondence: 7. New Business: Hunting in Sweet Pond Conservation Area: Letter dated December 9, 2015, from Stefan J. and Salome Steyn. Ms. Steyn expressed her concern about hunting in this area; she did not know hunting was allowed on this property. Will research to establish whether or not state funds were used to purchase this property and the Commission will address the concerns at the January meeting. 8. Old Business: Airport Vegetation Management Plan (VMP) — Winter clearing activities. Mr. Healey said the VMP will start in the winter months of 2016. Due to Ms. Lofstedt's limited hours, the Commission discussed hiring Chris Mason from Mason & Associates, Inc., who consulted for the initial filing, to how to handle the oversight of the selective trimming within the resource areas. The Airport has their own wetland scientist from GZA GeoEnvironmental, Inc. who will submit weekly reports to the Commission. The Commission tentatively scheduled an on -site meeting at the Airport for January 6, 2016. Mr. Marcheselli and Mr. Turnbull volunteered to go to the site meeting with Ms. Lofstedt. Approval of November 16, 2015 minutes: Will be approved at January meeting. 9. Adjournment: Motion to adjourn at 9:05 pm. (Turnbull /Hobaica) Passed. Next meeting will be January 11, 2016 at 7:00 pm. 4ll' 1, c n��A,, Michael Healey, Chairman I — /1 -i8— Date