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HomeMy WebLinkAboutCONSERVATION03212016Town of Mansfield Conservation Meeting March 21, 2016 Present: Michael Healey, Chairman; James Turnbull, Vice Chairman; Christopher Marcheselli; Matthew Rieth; Jack Smith; Ryan Maxwell. 1. Meeting opened at 7:10 pm. 2. Notice of Intent: Ronald Quintiliani, 41 Lakeview Avenue, Map 4, Parcel 53, DEP SE 211 -0954. Razing existing house to construct new single - family house with expanded patio and deck, and install a 5'x25' aluminum dock within 100 feet of the Inland Bank of Greenwood Lake and within Land Subject to Flooding, and Land Under a Body of Water. Hearing continued from February 22, 2016. Craig Cygawnoski, RIM Engineering Co., Inc., explained at the February meeting the Commission questioned the construction of the retaining wall and Frank Gallagher, Gallagher Engineering, was hired to provide a structural analysis of the Redi -Rock block retaining wall system. Mr. Cygawnoski said soil logs were also added to the plan, one dug by hand at the base of the wall and one used during the construction of the new septic system, located in front of the house (Sheet 2 of 2). Mr. Healey said at the last meeting alternatives to the retaining wall were discussed such as terracing which would help control the surface water. Mr. Cygawnoski said at the February meeting the Commission agreed the Maple and Ash trees could be removed because they are within 10 feet, or hanging over the house; the stumps are to be left in place so the wall will not be disturbed. He said if this area were to be terraced, the stumps would have to be removed. Mr. Healey said the trees in question are not within the area where the retaining wall will be replaced. He noted there already has been a great amount of adverse impact to the resource areas on this property. Mr. Quintiliani said he was concerned about the safety of the trees. Mr. Healey said there are other alternatives to maintaining a tree; you can prune a tree instead of removing it. Mr. Healey noted the planting plan submitted does not show what will be planted to mitigate the removal of the two trees. Mr. Quintiliani said the mitigation plan was developed by a certified horticulturist. Mr. Cygawnoski suggested two trees be planted in this area but located further back from the house. Mr. Marcheselli agreed the two trees are too close to the house and should be removed and asked Mr. Quintiliani to plant two Maple trees. Mr. Healey noted trees stabilize the soil and if the trees are removed the entire wall could be compromised. He suggested the applicant replace the entire wall while there is access to the site. Mr. Cygawnoski said he thought the intention was to replace the entire wall. Mr. Healey said the engineer- stamped plan from Redi -Rock referenced grading to be done so surface water drains away from the wall and the ground water elevation behind the wall should be determined (Page 3 of 3). He said this is why he suggested terracing be done to help control the surface water. Mr. Quintiliani explained he would like to replace the existing detached garage with an attached garage which would help eliminate the runoff between the garage and the house; a drywell would be installed to catch runoff 1 from all the down spouts. Mr. Quintiliani said on the right side of the new garage a terraced stairway would be built to lessen the slope, providing mitigation for the runoff in this area. Mr. Cygawnoski said because there is only five feet to the property line a normal stairway would have to be done. Mr. Healey suggested an additional drywell at the bottom of the stairway would help to alleviate the water load in this area. Mr. Marcheselli said he was more concerned about the water behind the wall freezing and said he would rather the water sheet over the wall because he does not want to see water traveling back toward the house. Mr. Healey said the manufacturer cautions against allowing this to happen. Mr. Turnbull said the plan has good structural detail but the assumptions made are for a dry installation only. He said more information is needed for how stormwater will be infiltrated behind the wall and this should be addressed by the engineer and referenced on the plan. Mr. Maxwell agreed. Mr. Marcheselli said he is not concerned about the stormwater but with the natural groundwater and how it will effect the wall. He said he is confident the design of the wall will work and the patio pavers will eliminate a lot of the runoff which will sheet over the wall. Mr. Healey said the engineer- stamped plan specifically states grade to drain surface water away from the wall. Mr. Cygawnoski asked if there were any other issues which needed to be addressed on the plan, other than the finalization /clarification on the drainage under the wall. Mr. Healey said the issues are: replanting trees to replace the two trees to be removed and solutions for the water runoff. Mr. Healey asked about the proposed attached garage. Mr. Cygawnoski said the applicant will be going before the Zoning Board of Appeals for approval April 5, 2016 (for a variance from the side yard setback). He said the applicant is not changing the footprint of the garage and will not cause an increase in the existing non - conformity. Mr. Marcheselli asked about the runoff from the driveway. Mr. Cygawnoski said the runoff flows back from the house toward the street. Mr. Marcheselli said connecting the garage to the house would help with the runoff. Mr. Turnbull asked about the proposed dock. Mr. Cygawnoski said examples and general product information for the dock have been submitted. Mr. Quintiliani discussed the design and materials used for the dock. The Commission approved the dock. Mr. Cygawnoski asked if the Commission would give conditional approval of the application, contingent upon the finalization /clarification by the engineer of the drainage behind the retaining wall, so reconstruction of the wall can begin. Mr. Healey said the Commission can't give approval without knowing what the solutions are for the water behind the wall. Mr. Maxwell asked Mr. Healey why he was concerned about the water sheeting over the retaining wall. Mr. Healey said this would be an unpermitted stormwater discharge. Mr. Maxwell suggested regrading to allow for runoff from the driveway to be discharged into the dry well located in the front yard. Mr. Marcheselli suggested raising the elevation of the foundation of the proposed house, using porous pavers for the patio and installing an infiltration system in the garden area to help with runoff. Mr. Turnbull said the calculations need to be addressed because the application is for a dry well. Mr. Cygawnoski said the solution might be to regrade the area and redo the entire wall. Mr. Turnbull agreed. 2 Mr. Turnbull made the motion to continue the hearing for Ronald Quintiliani, 41 Lakeview Avenue, Map 4, Parcel 53, DEP SE 211 -0954, to April 25, 2016. Mr. Rieth seconded the motion. Motion passed 6 -0 -0. Hearing ended at 8:35 pm. 3. Request for Determination of Applicability: TEC Associates, Amtrak Right -of -Way. The Request for Determination of Applicability (RDA) was filed for the renewal of the Amtrak Right -of -Way Vegetation Management Plan. Thomas W. Lewis, TEC Associates, on behalf of Amtrak, explained Amtrak performs the vegetation management under a Vegetation Management Plan (VMP) administrated by the Department of Agricultural Resources under regulation 333 CMR 1100, which is the Commonwealth of Massachusetts Rights -of -Way Management Regulations. Mr. Lewis said Amtrak has to have an approved VMP to renew the wetland delineation along the right -of -way; the VMP expired on December 31, 2015, Mr. Lewis said the Rights -of -Way Management Regulations require the applicant to submit an RDA to each municipality for approval of the delineation of the resource areas. He cited 310 CMR 10.03 (6) (b) Presumption Concerning Application of Herbicides. Mr. Lewis noted there are no proposed changes to the delineation established in 2011. Mr. Lewis explained there are "no spray" areas, "limited spray" areas, and "buffer zone" areas. He said the type of resource area determines how restrictive the application is. He said areas are designated by color on Sheet 1 of 2: light blue is for buffer zone areas (spraying done at one year intervals), dark blue is for work to be done in Zone 2 areas, designated as a Wildlife Protection Area, where application is restricted to one spray every two years; this area is also a recharge area for public water. Mr. Lewis said the yellow areas are "no spray" areas because they are located within 10 feet of a wetland. He said upland areas are not color- coded. Mr. Turnbull made the motion to issue a Negative Determination for reason #5, citing 310 CMR 10.03 (6) (b), 310 CMR 10.58 (6) (a) as exemptions, for TEC Associates for the vegetation management along the Amtrak Right -of- Way in Mansfield. Mr. Rieth seconded the motion. Motion passed 6 -0 -0. Mr. Lewis noted every year TEC Associates submits, on behalf of Amtrak, a Yearly Operation Plan (YOP) which will go to Conservation, Boards of Health and the Selectmen. He said notification will be in the spring with more details as to where applications will take place. He said the VMP is renewed every five (5) years. Hearing ended at 8:47 pm. 4. Correspondence: 5. New Business: 6. Old Business: Discussion: Hunting at Sweet Conservation Area. Will be added to the April 25, 2016 agenda. Trail Maps for Conservation Land: Mr. Turnbull made the motion to the purchase a post, sign and map holder for the Sweet & Kalnins Conservation Area and trail maps for Corporal Robert Francis Hardy Conservation Area, Marie Streese Memorial Conservation Area, Great Woods Conservation Area and Sweet & Kalnins Conservation Area, amount not to exceed $1,000.00. Mr. Maxwell seconded the motion. Motion passed 6 -0 -0. Minutes of January 11, 2016, Mr. Maxwell made the motion to approve the January 11, 2016 minutes. Mr. Rieth seconded the motion. Motion passed 3- 0- 3(Turnbull, Marcheselli, Smith abstained). Minutes of February 22, 2016. Mr. Rieth made the motion to approve the February 22, 2016 minutes. Mr. Marcheselli seconded the motion. Motion passed 3- 0- 3(Healey, Smith, Maxwell abstained). 7. Adjournment: Motion to adjourn at 9:33 pm. Marcheselli /Turnbull Passed. Next meeting will be April 25, 2016. Michael Healey, Chairman Date 2