HomeMy WebLinkAboutCONSERVATION08222016Town of Mansfield RECEIVED
Conservation Minutes TOE14 CLERKS OFFICE
August 22, 2016 2016 0C] 2U A 4 53
Present: Michael Healey, Chairman; James Turnbull, Vice Chairman; Christopher M,y�cheselli; Matthew
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Rieth; Jack Smith; David Hobaica; Ryan Maxwell; Katelyn Gonyer, C i4� onservat n�'` ' � )M
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1. Meeting opened at 7:06 pm.
2. Request for a Certificate of Compliance: Lot 3, 14 Fram Drive. DEP SE 211 -558.
Ms. Gonyer explained the Order of Conditions issued in 1997 for a single - family house has expired and
the owner is requesting a Certificate of Compliance because of a standard transfer of the property. She
said the house is in the approved location and the entire property is well established. Ms. Gonyer
recommended a full Certificate of Compliance be issued.
Mr. Turnbull made the motion to issue a Certificate of Compliance for Lot 3, 14 Fram Drive, DEP SE 211-
558. Mr. Smith seconded the motion. Motion passed 7 -0 -0.
Hearing ended at 7:08 pm.
3. Old Business:
Discussion of Notice of Intent for Stephen & Kirsten Murawski, 15 Knight Way, Map 3, Parcel 270.
Installation of retaining wall, steps, patio, and associated grading, 4'x12' deck expansion and removal of
oak tree and stump.
Ms. Gonyer explained the homeowner filed a Notice of Intent on July 20, 2016 to extend their back yard
by installing a retaining wall, steps, patio, a 4'x12' deck expansion and associated drainage; all work
would be done within 100 feet of Bordering Vegetated Wetland and Natural Heritage Estimated and
Priority Habitat. She said this is a complete contour - driven wetland and there will be a substantial
elevation change.
Ms. Gonyer noted the filing was never advertised to allow for a public hearing, due to an issue at
Mansfield News.
Colin Casper, Guerrini Landscaping, Inc., said a portion of the 4 -foot high retaining wall will be
approximately 4 -5 feet into the 25 -foot No Touch Zone and the grade change will be significant. He said
the back yard in its current condition is unusable and the applicant would also add a 400 square -foot
patio with a small expansion to the existing deck. A large oak tree and stump would also be removed
because of its close proximity to the existing garage. Mr. Casper noted the wetlands were flagged off
the toe of the slope. He said erosion control, mulch socks with silt fence, will be installed. Natural
Heritage has been notified of the project.
Mr. Hobiaca said the proposed retaining wall might be affected the tree stump if it not removed. He
asked if any plantings are proposed along the wall. Mr. Casper said this area would become part of the
existing lawn.
Mr. Healey said the applicant might want to incorporate plantings to delineate the wall. Ms. Gonyer
suggested plantings or a conservation seed mix be planted at the toe of the slope where the area will be
disturbed by the construction of the retaining wall. Mr. Casper said rip rap is proposed in this area to
help stabilize the area.
Mr. Turnbull said this project would be allowed under the by -law: Section 2.5 [the following activities
may be permitted within 25 feet of a resource area: grading work associated with additions to existing
single - family homes] and 2.2 Section 4 [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 poles, or mailboxes— project proponents
must thoroughly check with the Commission or its agent for applicability].
Mr. Maxwell asked if there would be any issues with the project because of the Wading River and if an
additional fence would be required. Ms. Gonyer the work in the Riverfront is exempt and Mr. Casper
said at this time a fence is not proposed.
Ms. Gonyer said the siltation controls should be as tight as possible; an As Built plan would be required;
no debris to be deposited into the wetland; no synthetic fertilizers for the lawn area; two (2)
Environmentally Sensitive Area — Do Not Disturb disc to be installed.
Mr. Maxwell asked for a confirmation letter from Natural Heritage that there are no issues with the
project. Ms. Gonyer said the Order of Conditions would not be issued until the letter has been received.
Mr. Healey polled the board members; all members present are comfortable with the plan as presented.
Mr. Turnbull made the motion to continue the hearing for the Notice of Intent for Stephen & Kirsten
Murawski, 15 Knight Way, Map 3, Parcel 270 to September 19, 2016. Mr. Reith seconded the motion.
Motion passed 7 -0 -0.
Discussion ended at 7:38 pm.
4. Correspondence:
5, New Business:
a. Discussion - Access to foundation - 37 Lakeview Ave
Ms. Gonyer explained an Order of Conditions was issued to Ronald and Susan Quintiliani at 41 Lakeview
Avenue to raze the existing house and rebuild a new house on Greenwood Lake. She said Kevin
Boyden, the owner of the abutting property at 37 Lakeview Avenue, is before the board to discuss the
possibility that once the house at 41 Lakeview Avenue has been removed, temporary access would be
provided to an area on his property for the repair of the existing foundation. Mr. Boyden was to provide
a letter granting permission from Mr. and Mrs. Quintiliani to use the property at 41 Lakeview Avenue for
access to the work area. Pictures were shown of the property.
Mr. Boyden discussed the work required to repair the partial foundation and rectify the flooding issue.
He said he would also be painting, replace windows and the rear roof on that side. He said the
foundation plans were reviewed by the Building Department and the work would not inconvenience or
affect the Quintiliani property. He said Mr. Quintiliani has asked for a legal letter of intent, giving Mr.
Boyden the right to repair and maintain his property, but not using the property at 41 Lakeview Avenue
for anything. Mr. Boyden said he would rather a verbal agreement; his access is limited to receiving Mr.
Quintiliani's permission.
Ms. Gonyer said until permission has been given by the owner at 41 Lakeview Avenue, an Order of
Conditions cannot be approved; she said the work could be done under an emergency order but Mr.
Boyden would still have to file an After - the -Fact Notice of Intent.
Mr. Hobiaca suggested Mr. Boyden contact the Mr. and Mrs. Quintiliani for permission to do the
necessary work and develop a realistic work schedule.
Ms. Gonyer said Mr. Boyden should submit a Notice of Intent and a plan, to include location of
foundation and footings, erosion control and show the location where the excavated soil would be
stockpiled and a short narrative, either on the plan or an attachment to the plan, of the sequence of
work to be done. The letter of intent /permission from Mr. and Mrs. Quintiliani would have to be
submitted before the issuance of an Order of Conditions.
Discussion ended at 8:12 pm.
b. 140 Williams Street- Truck Accident— Hazardous Material Release follow -up:
Ms. Gonyer said an 18 -wheel truck was delivering soil to the property at 140 Williams Street for back
filling and while backing up, one of the pistons in the truck bed broke, causing the entire bed to shift and
the truck to roll. There was no evidence of diesel fuel leaking but hydraulic fluid, well over a reportable
amount, was spilled; Ms. Gonyer said nothing went past the limit of work or into the wetlands; DEP was
contacted and a licensed site professional (LSP) was retained. The oversight was to put all contaminated
material into closed containers; at this time there are two dumpsters on site. Because hydraulic fluid is
hardtop detect, the LSP is waiting for Analytical to return with lab data and a method of disposing the
material.
Ms. Gonyer noted she is concerned about the amount of fill brought onto the property. She will visit the
site with Richard Alves, Town Engineer.
6. Old Business:
300 West Street — Enforcement Order Update
Property owner (Patel) placed gravel up to and in the wetland and buffer zone (including 25 -foot No
Disturb Zone) on a single - family lot. An Enforcement Order was issued May 5, 2016. Mr. Patel was to
submit a restoration plan by July 1, 2016; plan was never received]. A letter was send to Mr. Patel
outlining work to be done; Mr. Patel said he was not notified in writing. Ms. Gonyer sent out another
packet with minutes outlining what was to be done. She finally heard from an engineer hired by the
homeowner to provide oversight for the removal of the gravel and met with him on site. Monday,
August 22nd, Ms. Gonyer received an e-mail from Mr. Patel asking her to provide an outline of the exact
work to be done because they were getting quotes. Mr. Patel asked for an extension of the deadline to
the September meeting. She said this situation has been going on since May and she told Mr. Patel she
needed a letter from the retained engineer by September I ". She is still waiting for information about
where the fill originated from.
Mr. Healey said Mr. Patel was here in May and had ample time to take the more simplified approach to
resolving the issue. He said if Mr. Patel, 300 West Street, does not comply with the Enforcement Order,
specifically to have a letter from a qualified professional engineer outlining the work to remove gravel, a
$50.00 fine per day, allowed by the [Town of Mansfield Wetland Protection] By -Law, will be imposed.
Mr. Healey polled the Commission and all members present were in favor of imposing the fines against
300 West Street unless they comply with the Commissioners order and produce a letter from a qualified
professional engineer by September 1, 2016, outlining the activities and how they will proceed to remove
the material out of the wetland and buffer area.
Discussion ended at 8:42 pm.
Signature pages for TEC Associates Determination of Applicability, approved July 18, 2016, were signed.
Minutes of July 18, 2016: Motion to approve the July 18, 2016 minutes. Turnbull /Rieth— motion passed
7 -0 -0.
7. Adjournment:
Motion to adjourn at 8:46 pm. Turnbull /Marcheselli Motion passed 7 -0 -0.
Ms. Gonyer will do a Riverfront worksheet for approval by the Commission.
Next meeting will be September 19, 2016 in Meeting Room 3 A /B.
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I Healey, Chairman Date
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