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HomeMy WebLinkAboutCONSERVATION01112016Town of Mansfield Conservation Minutes January 11, 2016 Present: Michael Healey, Chairman; Matthew Rieth; Ryan Maxwell; David Hobaica; Magdalena Lofstedt, Interim Agent. 1. Meeting opened at 7:02 pm 2. Notice of Intent: Ronald Quintiliani, 41 Lakeview Avenue, Map 4, Parcel 53, DEP SE 211 -0954. The Notice of Intent was filed to raze an existing house, construct a new single - family house with expanded patio and deck, and to install a 5'x25' aluminum dock within 100 feet of the Inland Bank of Greenwood Lake, within Land Subject to Flooding, and Land Under a Body of Water. Ralph Maloon, RIM Engineering, Co., Inc., and homeowner Ronald Quintiliani were present. Mr. Maloon explained Mr. Quintiliani wants to raze the existing house and garage and build a new house on the exiting house footprint and repair the existing retaining wall and patio. Mr. Quintiliani said the existing patio will be repaired with a more porous material and the retaining wall will be repaired with pre -fab concrete blocks with footings. He said repairs for the wall will have to be done while the water is at a low level. Ms. Lofstedt said this is a redevelopment of an existing waterfront lot. She asked if the existing house would be completely removed and the proposed house built on the original footprint. Mr. Quintiliani said the existing house and foundation would be removed and the proposed house would be within the existing footprint. Ms. Lofstedt said there will be a slight reduction in impervious area, approximately 300 square feet. She asked for additional details for the retaining wall and noted the applicant wants to remove two trees which would require a waiver for work done within the 25 -foot No Disturb Zone. Mr. Quintiliani said he is concerned the trees are a safety risk; the trees will be replaced with smaller trees. Mr. Healey noted some of the houses in the area do not have retaining walls and suggested an alternative method, grading, different material or terracing be used to stabilize the slope. He said he was concerned about possible dredging in the lake creating a larger sandbar. Mr. Robert Freerksen, 51 Lakeview Avenue, said the sandbar has been there for over 50 years and has not moved or spread. Mr. Freerksen said most of the lots which do not have retaining walls have a much gentler slope; lots with a steeper slope need a retaining wall to prevent soils from washing down into the lake. Mr. Hobaica asked if there would be an increase in the elevations on the property. Mr. Maloon said there would be no change in the grade. Mr. Healey asked if the footprint of the proposed house could be positioned differently on the lot. Mr. Quintiliani said because of the septic system and required setbacks, the new house cannot be relocated. 1 Mr. Hobaica said details for the retaining wall should be submitted, such as a cut sheet of the blocks, how it will be built, excavation needed, and what materials will be used underneath the wall. Mr. Healey said if the retaining wall is over four (4) feet in height, an engineer- stamped plan would be required. Mr. Hobaica asked about the proposed aluminum dock. Mr. Quintiliani said the dock will not be anchored so it can be removed for storage during the winter months. Mr. Maxwell asked that a plan for the dock be submitted. Mr. Rieth asked if there would be any adverse impacts to the lake if the concrete pad is removed and replaced by patio pavers. Ms. Lofstedt said the pavers would be a benefit to the area. For stormwater management, Mr. Healey suggested drywells be installed to mitigate runoff. He asked for a plan showing the footprint of the proposed house. Mr. Quintiliani said he would submit the plan for the next meeting. Mr. Maxwell said Mr. Quintiliani can remove the fir tree but the maple tree should remain. Ms. Lofstedt agreed the maple tree should not be removed. Mr. Healey said Mr. Quintiliani should submit alternatives for the retaining wall, details for the dock, and a revised plan showing the proposed house and the location of the stormwater drywells. Mr. Rieth made the motion to continue the hearing for Ron Quintiliani, 41 Lakeview Avenue, Map 4, Parcel 53, DEP SE 211 -0954, to February 21, 2016. Mr. Hobaica seconded the motion. Motion passed 4 -0 -0. Hearing ended at 8:05 pm. 3. Discussion: 861 West Street Unauthorized excavation to construct a patio within 100 feet of Bordering Vegetated Wetland and the 200 -ft. Riverfont Area. The property owner would like to remove three (3) trees. Homeowner Ronald Bokleman was present. Ms. Lofstedt said Mr. Bokleman installed a patio within the lawn area without the approval of the Conservation Commission. The patio is located, at the closest point, 58 feet from the wetland. She said the trees Mr. Bokleman would like to remove are outside the 50 -ft. Buffer Zone but within the 200 -ft. Riverfront Area, Ms. Lofstedt asked that Mr. Bokleman file an After - the -Fact Administrative Review for the patio and the removal of the three (3) trees. Mr. Bokleman noted the hickory tree needs to be taken down for safety reasons and he would like to remove three (3) pine trees. The Commission agreed Mr. Bokleman can either grind or leave the stumps in place; he will submit pictures of the trees to be removed along with a sketch of the patio area. Mr. Bokleman said the lawn area needs to be heavily re- seeded or re -done entirely to help with erosion control. Mr. Healey said if the lawn is re -done, siltation control will need to be installed. He suggested Mr. Bokleman spread the existing loam pile out on the lawn. 2 Mr. Bokleman will submit a sketch of the patio and the locations of the trees to be cut for Administrative Review. Hearing ended at 8:11 pm. 4. After - the -Fact Notice of Intent: Michele DeSantis, 62 York Road, Map 2, Parcel 289. DEP SE 211 -0955 The After - the -Fact Notice of Intent was filed for the construction of an unapproved retaining wall and grading within the 25 -foot No Touch Zone and construction of a patio and stairs within the 100 -foot Buffer Zone without an Order of Conditions. Applicant is proposing mitigation to the alteration by providing plantings and the removal of wood chips in the 25 -foot No Touch Zone. Ms. Lofstedt said Mr. Desantis is proposing to remove the existing wood chips within the 25 -ft. Buffer Zone and will re -seed the area and add four (4) low bush blueberry and two (2) black chokeberry as shown on the plan dated December 9, 2015 and revised December 16, 2015 [add mitigation details]. Siltation control is to be reinstalled. Mr. Maxwell asked Mr. Desantis about the work done on the property. Mr. Desantis said during the 2015 winter storms, an ice jam formed on the roof and fell, causing a total loss of the original deck that was to be enclosed for a three - season room. Assistant Building Inspector Lee Day said the original deck would not meet today's code and after negotiating with the insurance company, an addition with new footings was constructed without an Order of Conditions. A landscaper was hired to restore the area and five hemlocks, five spreading yews, 2 mountain laurels, two azalea bushes and two rhododendrons were planted. Mr. Rieth made the motion to issue an Order of Conditions for an After - the -Fact Notice of Intent to Michele DeSantis, 62 York Road, Map 2, Parcel 289, DEP SE 211 -0955, to construct a retaining wall and install plantings within the 25 -ft. No Disturb Zone and within 100 feet of 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" (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; 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.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; 7. 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 3 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; 8. Prior to receiving a Certificate of Compliance, the Applicant must install one (1) permanent 4" "Environmentally Sensitive Area" disc tree sign along the 25 -foot Not Touch Zone or a location designated by the Commission or Agent on the subject lot. Contact the Conservation Department for signage details. The 4" discs, hardware and method of installation will be provided by Conservation Department; 9. No synthetic fertilizer, herbicides, pesticides or fungicides can be used; only organic products may be used — Plan, "Existing Conditions at Hse. No. 62 York Road in Mansfield, MA, dated December 9, 2015 and revised December 16, 2015 [add mitigation details], prepared by RIM Engineering Co., Inc. Mr. Maxwell seconded the motion. Motion passed 8:18 pm. Hearing ended at 8:18 pm. 5. 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 Mallory Digges, Cross Tie Construction, LLC, withdrew the request for a partial release on DEP SE 211 -0747 (e- mail dated December 15, 2015) because the roadway will not be finalized until the last lot is built upon. 6. Correspondence: 7. New Business: a. Consultant for Airport VMP: The Airport Commission has hired GZA as the wetland consultant to monitor the project. The erosion controls are now being installed. The cutting in the Town of Norton is being monitored by GZA also and, because Ms. Lofstedt does not have the hours to be on site, she said as long as the monitor communicates directly with her and the Conservation Commission, she does not have an issue. b. Branch Street Development - DEP SE 211 -0946: A Notice of Intent was filed for Lot 4 (303 Branch Street) in June 2015 and an Order of Conditions was issued. There is a new owner, Slav Kulik, and the house design has been changed; the house and deck have been moved out of the 100 -ft Buffer Zone. Work within the 100 -ft. buffer will include grading, utilities and a driveway. The change will be handled as a minor project modification. A revised plan is to be submitted as the Plan of Record. c. Homam Sengaba, 8 Jewell Street (DEP SE 211 - 0951)/140 Williams Street (DEP SE 211 - 0952): Removal of additional debris piles. During a site visit to this property to inspect additional pine trees the owner would like to remove, Mr. Sengaba asked Ms. Lofstedt if he could remove additional debris piles (concrete, slate, stone, construction debris) within the 25 -ft. No Touch Zone. Mr. Healey said there had been some wetland filling at the back of the Jewell Street property and the debris, trees, logs, and stumps have now become part of the eco- system; he said there would be more adverse impacts if the debris was removed. Ms. Lofstedt suggested the Commission approve the removal of the debris piles and the areas be regraded to match existing adjacent contours and re- seeded with an erosion control seed mixture; debris is to be removed by hand if possible or light machinery if 4 needed. Any natural vegetation to the site will be left as is. A letter will be sent to Mr. Sengaba and added to the file. d. Discussion of Hunting on Sweet Conservation Area: Received two letters concerning hunting at Sweet Conservation .Area. Mr. Healey said because state funds were not used to purchase this property, it is within the Commission's purview to decide if hunting should be allowed or not allowed on this property. The discussion will be added to the February Agenda when more board members are present. Mr. Healey said when he walked this site on January 10th he found activities had taken place within the resource areas; a large tree fort had been constructed at the northern end of the property, trees had been cut close to the water and vehicles abandoned on what is believed to be town property. He said there is also evidence of ATVs being used on site. He said the easement on the property at 7 North White Pine Lane is being used by cars as well as hunters and debris has been dumped within the easement. It has been suggested that a gate be installed to keep unauthorized vehicles from using the easement. e. Donation of land containing wetlands: Received calls from homeowners wanting to donate the portion of their property that contains wetlands. Mr. Healey said his concern is there would be a decrease in the tax base for these properties with no benefit to the residents. The property on Maple Street is not contiguous with any town -owned properties. Mr. Hobaica said any property to be donated would be approved on a case by case basis. 8. Old Business: Minutes for November 16, 2015 and December 14, 2015: Motion to approve the November 16, 2015— Rieth /Hobaica Motion passed 3 -0 -1. Motion to approve the December 14, 2015 — Hobaica /Healey Motion passed 2 -0 -2. 9, Adjournment: Motion to adjourn at 9:10 pm — Rieth /Hobaica Motion passed 4 -0 -0 Next meeting will be February 22, 2016 at 7:00 pm. Michael Healey, Chairman Date 5