HomeMy WebLinkAboutCONSERVATION09192016Town of Mansfield
Conservation Minutes RECEIVED
September 19, 2016 rO`lpq CLEnKC OFFICE
Present: Michael Healey, Chair; Christopher Marcheselli; Matthew Rieth; Jack Smith; DaJII1lNc(@y VQtel* Q?nn
Conservation and Environmental Planner J33
1. Meeting opened at 7:00 pm. (,IHUSETTS
2. Request for Certificate of Compliance: DRT Development LLC, 295 Branch Street, Map 34, Parcel 101 (formerlL71
Branch Street, Lot 3). DEP SE 211 -0945
Ms. Gonyer explained the Order of Conditions was issued in July 2015 as part of three single - family lots to be built on
Branch Street around a large isolated vegetated wetland. They were presented as three lots because each lot had
easements associated with the other lots; this lot (Lot 3) has a utility easement along the 50 -foot Buffer Zone to install
utilities for Lot 4. She said the easement on Lot 3 has been wood - chipped, which was not part of the Order; she would
like the easement left to naturalize once all the utilities have been installed.
Ms. Gonyer said a retaining wall was built, the lot has been fully landscaped with the disturbed areas seeded and
stabilized, three (3) disc signs have been installed in the approved location and the limit of back yard has been
maintained. She said an on -going condition would be the limit of lawn remain the same. The Certificate of Compliance
will be held until plans have been submitted for the removal of the wood chips.
Mr. Marcheselli made the motion to issue a full Certificate of Compliance for DRT Development LLC, 295 Branch Street,
Map 34, Parcel 101 (formerly 271 Branch Street, Lot 3) under DEP SE 211 -0945, with the following on -going conditions:
utility easement left to naturalize; extend of lawn shall not exceed lawn footprint; area to the south of the shrub line
shall be left to naturalize. Mr. Rieth seconded the motion. Motion passed 5 -0 -0. ( "As -Built Plan for Hse. No. 295 Branch
Street in Mansfield, MA dated August 8, 2016, prepared by RIM Engineering Co., Inc.).
Hearing ended at 7:12 pm.
3. Request for Certificate of Compliance: Mark Brintnall, 300 Ware Street, Map 33, Map 1. DEP SE 211 -0926
Homeowner Mark Brintnall was present.
Ms. Gonyer said this project came before the Commission in July 2014 as the result of an Enforcement Order; an
addition to an existing barn was constructed without proper permitting. The homeowner was notified and
subsequently filed for the addition and the issues with storage and debris within the 25 -foot No Disturb Zone (NDZ). As
part of the Order of Conditions, a restoration plan was developed along with a check list of things to be mitigated. Ms.
Gonyer said all debris piles, gravel, car parts, and storage tents have been removed and all disturbed areas have been
left to naturalize. She said on -going conditions would be to leave the 25 -foot NDZ in its natural state and storage of
materials or dumping lawn clippings into wetland and /or 25 -foot NDZ is prohibited.
Mr. Marcheselli made the motion to issue a full Certificate of Compliance to Mark Brintnall, 300 Ware Street, Map 33,
Map 1, DEP SE 211 -0926, with the following on -going conditions: all areas within the 25 -foot No Disturb Zone are to
remain in a natural state; no storage of materials in this zone shall occur; dumping lawn clippings into wetland and /or
No Disturb Zone is prohibited. Mr. Rieth seconded the motion. Motion passed 5 -0 -0.
Hearing ended at 7:18 pm.
4. Request for Certificate of Compliance: Joseph M. Fidler, Esq., 631 East Street, Map 33, Parcel 20 -22, Unit A202. DEP
SE 211 -697
Ms. Gonyer explained this is an administrative filing for a partial Certificate of Compliance (COC) for an individual condo
unit at Heron Crest at 631 East Street. She said the entire parcel has the encumbrance of the Order of Conditions
(issued in 2004) on each individual unit so when a unit owner tries to sell their property, a title search appears on the
deed. She said this is a transfer of a unit not within Conservation jurisdiction. Ms. Gonyer recommended a partial COC
be issued.
Mr. Rieth made the motion to issue a partial Certificate of Compliance to Joseph M. Fidler, Esq., 631 East Street, Map
33, Parcel 20 -22, Unit A202, DEP SE 211 -697. Mr. Marcheselli seconded the motion. Motion passed 5 -0 -0.
Hearing ended at 7:21 p m.
5. Request for Certificate of Compliance: Christopher A. Cook, 18 Rosewood Drive, Map 39, Parcel 207. DEP SE 211-
0763
Ms. Gonyer said the Order of Conditions was issued in May 2006 for the installation of an in- ground pool and associated
apron with landscaping within 100 feet of Bordering Vegetated Wetland. She said the work has been done with very
little variation from the Plan of Record and all disturbed areas within the lawn have been stabilized. The Order of
Conditions has expired and she recommended a full Certificate of Compliance be issued with one condition that
dumping of lawn clippings is prohibited within the resource areas.
Mr. Marcheselli made the motion to issue a full Certificate of Compliance to Christopher A. Cook, 18 Rosewood Drive,
Map 39, Parcel 207, DEP SE 211 -0763, with the on -going condition that dumping of lawn clippings in resource areas is
prohibited. Mr. Rieth seconded the motion. Motion passed 4- 0- 1(Hobaica abstained).
Hearing ended at 7:23 pm.
6. Request for Determination of Applicability: Gregg Dion, 149 Brown Avenue, Map 4, Parcel 103. Replace existing
septic system within 100 feet of the Inland Bank of Greenwood Lake.
Homeowner Gregg Dion was present.
Ms. Gonyer explained this application is for the upgrade of an existing septic system within 100 feet of Greenwood Lake.
She said the limit of work, the lawn area, is shown on the plan and the septic upgrade will be a benefit to Greenwood
Lake.
Ms. Gonyer recommended a Negative 3 Determination, work will not alter Resource Area, be issued with the conditions
the Agent is to inspect the erosion control (mulch not straw silt socks) prior to the start of work, all disturbed areas are
to be seeded as soon as possible and the Agent shall be notified when the project is complete and the lawn has been
seeded and established.
Ms. Gonyer said this condition will be added to all RDA filings so a pre- and post -site visit can be done to make sure
everything is in the approved location.
Mr. Marcheselli made the motion to issue a Negative 3 Determination, work will not alter Resource Area, to Gregg
Dion, 149 Brown Avenue, Map 4, Parcel 103 for the replacement of an existing septic system within 100 feet of the
Inland Bank of Greenwood Lake, with the following conditions: The Agent is to inspect the erosion control (mulch not
straw silt socks) prior to the start of work, all disturbed areas are to be seeded as soon as possible and the Agent shall
be notified when the project is complete and the lawn area has been seeded and established. Mr. Rieth seconded the
motion. Motion passed 5 -0 -0. ( "Upgrade Sewage Disposal Plan for No. 149 Brown Avenue in Mansfield, MA dated
August 3, 2016, prepared by RIM Engineering Co., Inc.).
Hearing ended at 7:29 pm
7. Request for Determination of Applicability: Kevin W. Kerrigan & Susan E. Lemieux- Kerrigan, 28 Erin Drive. Proposed
addition, two -car garage and deck to existing single - family dwelling within 100 feet of Bordering Vegetated Wetland and
ACEC.
Homeowners Susan and Kevin Kerrigan were present
Ms. Gonyer said this application is for the construction of a garage /addition and new deck on a relatively flat lot. The
garage /addition will be off the back of the house in the footprint of an existing patio and driveway; the project will
result in an increase in impervious. A drywell for roof runoff will be installed. Ms. Gonyer observed lawn clippings in
the 25 -foot No Disturb Zone.
Mr. Hobaica asked where the surplus fill will be stored. All material will be stored inside the limit of work. The erosion
control limit shall be extended to the left of the proposed addition.
Joseph Ferrari, 32 Erin Drive, asked about the proposed drywell. Ms. Gonyer said the drywell will be to recharge the
imperious coming off the roof line. Mr. Ferrari said he wanted to make sure the addition at 28 Erin Drive would not
affect his property because he has never had an issue with flooding on his property.
Mr. Hobaica made the motion to issue a Negative 3 Determination, work will not alter Resource Area, to Kevin W.
Kerrigan & Susan E. Lemieux - Kerrigan, 28 Erin Drive, for a proposed addition, two -car garage and deck to existing single -
family dwelling within 100 feet of Bordering Vegetated Wetland and ACEC, with the following conditions: All roof runoff
is to be directed to drywells or stone trenches; the Agent is to inspect the erosion control prior to the start of work;
homeowner shall discontinue to dump lawn clippings in wetland and /or 25 -foot No Disturb Zone; Agent is to inspect
post- construction after disturbed areas have been stabilized. "Proposed House Addition for Hse, No. 28 Erin Drive in
Mansfield, MA" dated August 17, 2016, prepared by RIM Engineering Co., Inc.).
Hearing ended at 7:59 pm.
8. Request for Determination of Applicability: Columbia Gas of MA, Benefit Street, Public Roadway Layout. Proposed
gas main replacement within existing paved and /or edge of paved roadways within the 100 -foot buffer zone of
Bordering Vegetated Wetlands and 200 -foot Riverfront Area.
Christopher Sanderson, Merrill Engineering & Land Surveyors, representing Columbia Gas of MA, explained the
application is for the installation of new gas line within the existing road layout and for gas service connections to
nearby properties along Benefit Street. He said a small portion of the work will be done within the 100 -foot buffer zone
to the Bordering Vegetated Wetlands and the 200 -foot Riverfront Area. He said the work will be limited to what can be
installed and backfilled in one day. Mr. Sanderson said no work will be performed during any rain events, there will be
no stockpiling of any materials during the project and everything will be returned to the original condition with no
change in grade.
Mr. Sanderson said the catch basins will be protected with filter fabric to ensure sedimentation does not enter the
drainage system. He said prior to the start of work erosion controls will be installed down gradient towards any of the
resource areas; Ms. Gonyer asked that mulch wattles be installed at the headwall of the culvert at the corner of Benefit
Street, at the end of the street between the last house, and along the catch basins.
Mr. Healey asked if the old gas line would be removed. Mr. Sanderson said at this point in time the existing line is very
corroded, so the gas company will cut and cap the line, flush the line out and abandon the line.
Mr. Hobaica asked when the work would start. Mr. Sanderson said no work is done from December to April so the work
will probably start in October as soon as all permits have been done.
Mr. Rieth made the motion to issue a Negative Determination for reason q3, work will not alter Resource Area, to
Columbia Gas of MA to replace a gas main within existing paved and /or edge of paved roadways within the 100 -foot
buffer zone of Bordering Vegetated Wetlands and 200 -foot Riverfront Area, with the following Special Condition: The
Agent is to inspect the erosion control prior to the start of work; all terms outlined in project narrative to be followed.
Mr. Marcheselli seconded the motion. Motion passed 5 -0 -0.
Hearing ended at 8:07 pm.
9. Abbreviated Notice of Resource Area Delineation: Berlin Landing Realty Trust, 0 Gilbert Street (Map 3, Lot 12) and 0
Gilbert Street Rear (Map 3, Lot 9). Resource Area Delineation. DEP SE 211 -0961
Scott Goddard, Professional Wetland Scientist with Goddard Consulting, LLC, said the purpose of this application is to
evaluate a vacant parcel of land for all wetland resource areas subject to jurisdiction under the MA Wetland Protection
Act (WPA) and the Town of Mansfield Wetlands Protection By -Law. Mr. Goddard performed the delineation of
Bordering Vegetated Wetlands and the 100 -foot buffer zone.
Mr. Goddard explained this is actually two parcels of land that combined equals approximately 40 acres of land. He said
it is a landlocked property, abutting a parcel previously issued an Order of Resource Area Delineation (GRAD) on Gilbert
Street under DEP SE 211 -0927.
Mr. Goddard and Ms. Gonyer walked the site on September 8, 2016 and minor modifications to the wetland delineation
were agreed upon in the field; additional flags were added to the revised plan dated September 8, 2016.
Mr. Goddard said there is mapped FEMA Zone on the property, noted as Zone A, which means there is no base flood
elevation associated with it. There are topographic indicators that are consistent with the 100 -year flood plain. Mr.
Goddard asked the Commission to include the finding that the Bordering Vegetated Wetland boundary is the maximum
extent of the flooding for a 100 -year flood plain elevation.
Mr Healey noted Mr. Goddard is listed as a trustee of Berlin Landing Realty Trust, Mr. Goddard said it is not in an
ownership capacity, but in a trustee capacity.
Ms. Gonyer said the full extent of the line was walked, along with the previously approved line under DEP SE 211 -0927.
She said there were some areas that were not as defined as a vegetation change; in these areas soils were looked at
because they were more definitive. She said she is comfortable with the line.
Mr. Hobaica said he was concerned there could be a conflict because Mr. Goddard delineated the resource areas and he
is the trustee of Berlin Landing Realty Trust, the Applicant. Ms. Gonyer agreed this was not an impartial party
delineating the resource areas. Mr. Goddard said there was full disclosure because it is not an ownership interest, it is
just a trustee interest.
Mr. Healey noted Mr. Goddard is probably the first person to come before the Commission with an interest other than
providing a service to a client. Ms. Gonyer said it would be up to the Commission to decide whether or not this would
be a bias interpretation of the wetland delineation. She said she looked at the delineation objectively.
Mr. Hobaica asked if there were any plans for the parcel. Mr. Goddard said at this time there are no plans.
Mr. Marcheselli asked if Ms. Gonyer considered this to be a detailed delineation. Ms. Gonyer said she considers the
delineation accurate.
Mr. Hobaica asked if there is anything the Commission should be concerned about from a legal standpoint since Scott
Goddard is listed as a Trustee on two of the subject parcels. Ms. Gonyer said Mr. Goddard has to fully disclose his
involvement with the project.
Mr. Rieth made the motion to issue the Order of Resource Area Delineation to Berlin Landing Realty Trust, 0 Gilbert
Street (Map 3, Lot 12) and 0 Gilbert Street Rear (Map 3, Lot 9) for resource area delineation, DEP SE 211 -0961. The
wetland line is approved as shown on the site plan "Plan of Land in Mansfield, MA, revised September 8, 2016, prepared
by RIM Engineering Co., Inc.; it is presumed the actual 100 -year flood plain is consistent with the Bordering Vegetated
Wetland boundary. Mr. Smith seconded the motion. Motion passed 4- 0- 1(Marcheselli abstained).
Hearing ended at 8:37 pm
10. Notice of Intent: Stephen & Kirsten Murawski, 15 Knight Way, Map 3, Parcel 270. DEP SE 211 -0960
[The application was for the installation of retaining wall, steps, patio, and associated grading. 4'x12' deck expansion
and removal of oak tree and stump within 100 feet of Bordering Vegetated Wetland and NHESP Estimated and Priority
Habitat.]
Ms. Gonyer explained there were administrative issues; the project was supposed to be heard at the last meeting but
the newspaper did not advertise the legal ad in time. The Applicant's consultant, Colin Casper, Guerrini Landscape Inc.,
came before the Commission to explain the project and the Commission was polled to make sure all issues had been
addressed. The Commission was satisfied with the project as proposed, they discussed the special conditions for the
Order of Conditions and the hearing was continued to tonight's meeting to make sure there were no public /abutter
issues. Ms. Gonyer said the Applicant wants to construct a low retaining wall to flatten out the back of the property and
a few landscaping structures or appurtenances
Ms. Gonyer said the project is within a Natural Heritage area but it appears to be under an exemption with MESA. She
recommended the Order of Conditions be held until the Commission has received the letter of exemption from Natural
Heritage.
Mr. Marcheselli made the motion to issue an Order of Conditions to Stephen and Kirsten Murawski, 15 Knight Way, for
the installation of retaining wall, steps, patio, and associated grading, a 4'x12' deck expansion and the removal of an oak
tree and stump within 100 feet of Bordering Vegetated Wetland and NHESP Estimated and Priority Habitat, according to
the "Backyard Layout Conservation Sheet 1" dated July 28, 2016, prepared by Guerrini Landscape, Inc., DEP SE 211-
0960, with the following Special Conditions under the Mansfield Wetland Protection By -Law Chapter 220:
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 dated 7/28/2016 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 8" diameter biodegradable mulch - filled silt sock with wooden stakes every 10 feet on each
sides of sock or equivalent (do not pierce silt sock with stakes). 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 (Le. 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.
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
landscape architect, certifying that the work has been done in accordance with the approved plan. The as -built plan
must show location of all hardscaping.
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. Signage for single family lots: Prior to receiving a Certificate of Compliance, the Applicant must install three
permanent "Environmentally Sensitive Area" signs on the subject lot. The location of the signs is to be designated by the
Commission or the Agent on a case by case basis. The 4" discs (reading "Environmentally Sensitive Area, Do Not
Disturb "), hardware and method of installation are available at Conservation Department.
13. No synthetic fertilizer, herbicides, pesticides or fungicides can be used; only organic products may be used.
14. The Agent is to inspect the erosion control prior to the start of work.
15. Dumping lawn clipping into wetland and /or 25 -foot No Disturb Zone is prohibited
Mr. Rieth seconded the motion. Motion passed 5 -0 -0.
Hearing ended at 8:44 pm.
11. Notice of Intent: Kevin Boyden, 37 Lakeview Avenue, Map 4, Parcel 54. Replace /repair existing concrete
foundation, install new foundation as needed and associated grading on existing house within 100 feet of the Inland
Bank of Greenwood Lake. DEP SE 211 -0962
Homeowner Kevin Boyden was present.
Ms. Gonyer explained the Applicant came before the Commission in August to informally discuss the repair of his
foundation. She said an Order of Conditions was issued to Ronald and Susan Quintiliani, 41 Lakeview Avenue, to raze
the existing house and rebuild a new house on Greenwood Lake. Once the house was removed there would be an
opportunity for Mr. Boyden to install a foundation on the property line; Mr. Boyden wanted to see if the Commission
would be amenable to allow for an Order of Conditions to be issued for him to use the abutting property at 41 Lakeview
Avenue for temporary access to his property to repair the existing foundation. Ms. Gonyer said the Commission
requested Mr. Boyden submit a Notice of Intent and a plan, to include the precise location of the foundation and
footings, erosion control and show the location where the excavated soil would be stockpiled, a narrative and sequence
of work, either on the plan or as an attachment to the plan; the letter of intent /permission from Mr. and Mrs.
Quintiliani, granting Mr. Boyden access to the work area from their property and signed by both parties, would have to
be submitted before the issuance of the Order of Conditions.
Ms. Gonyer said she visited the site on September 12, 2016 and observed a trench line had been dug along the
Applicant's house line with a gutter and piping leading into the trench. Mr. Boyden had also done some preparation
work for the basement; she indicated to both parties that no work can start without the issuance of an Order of
Conditions. Mr. Boyden stated he did not dig the trench. Ms. Gonyer spoke with the abutter and he stated his
contractor did not dig the trench.
Ms. Gonyer noted the Commission cannot grant permission for anyone to work on anyone else's property without their
permission; Mr. and Mrs. Quintiliani would grant access to the property as long as there is a legal agreement signed by
both parties. Ms. Gonyer said the legal agreement has not been presented to the Commission; Mr. Quintiliani, through
an e-mail, stated they are working with their attorney to draft the agreement.
Mr. Healey said Mr. Boyden's proposed work can only be conducted if he is granted access by the neighbor, He said the
plan does not show the limit of work, how the work will be conducted, how the resource area will be protected and the
location where the excavated soil will be stockpiled. Mr. Boyden said the all material will be removed from the site. Mr.
Boyden submitted copies of a narrative, the sequence of work to be done and a letter; Ms. Gonyer read into the record
the basics of the letter requesting an agreement between the abutters to set forth parameters that are to be adhered
to. She said this a private issue between two property owners and the Commission will not move forward on the Notice
of Intent and Order of Conditions until the terms of the agreement have been approved.
Mr. Healey said the property is in a sensitive area and, even though this is a small project, Mr. Boyden would have to
present a narrative, a foundation plan, sequence of work, excavation of the footings and information on the erosion
control.
Ms. Gonyer read the minutes of August 22, 2016 and reminded Mr. Boyden the Commission requires any documents be
submitted seven days prior to a hearing.
Mr. Hobaica said Mr. Boyden should submit details of the proposed work, the limit of work, excavation between the
properties, where he will access the property and more details for the foundation but the most important thing is for
Mr. Boyden to work out an agreement with Mr. Quintiliani.
Mr. Healey said the plan should include a limit of work — how far you will encroach on the abutter's property — how
wide the trench will be— and the letter of agreement with the date reference on the plan.
Mr. Marcheselli suggested the hearing be continued to the October meeting with any information submitted seven days
prior to the actual meeting.
Mr. and Mrs. Quintiliani discussed issues with the drainage; Mr. Quintiliani said water will drain directly onto his
property or straight down to the lake. He said he would like to see a drainage plan. Ms. Gonyer asked that this
information be included on the plan. Mr. Quintiliani said the drain pipe in the back has been moved three times. For
the record, Mr. Quintiliani stated he did not move the pipe. He said he is also concerned about the runoff from the
gutter and downspout on the left side of the house. Mr. Boyden said the gutter /downspout would be eliminated. Mr.
Marcheselli said it should be noted on the plan the gutter and downspout will be eliminated and runoff will be directed
to the front of the house.
Ms. Quintiliani said they want Mr. Boyden to be able to repair his house but they need to protect themselves. She
handed Mr. Boyden a copy of the agreement. Mr. Hobaica said Mr. and Mrs. Quintiliani will need to approve the plan.
Ms. Gonyer recommended the hearing be continued to October 17, 2016.
Mr. Rieth made the motion to continue the hearing for Kevin Boyden, 37 Lakeview Avenue, Map 4, Parcel 54, DEP SE
211 -0962, to October 17, 2016. Mr. Marcheselli seconded the motion. Motion passed 5 -0 -0.
Hearing ended at 9:26 pm.
12. Correspondence:
13. New Business:
14. Old Business:
• 140 Williams Street — Change in Plans
Property owners Homan and Hemzi Sengaba were present
Ms. Gonyer said the Notice of Intent was filed for the construction of a single - family home and an Order of Conditions
was issued January 4, 2016. She said she met the applicant on September 1, 2016 to discuss a field error and some
discrepancies with the Plan of Record. She said the approved elevation on the plan of record shows the top of the slab
elevation at 170'; the actual elevation is 174.5' and Ms. Gonyer said the change is substantial, especially with the
amount of grading and meeting of the grades. She said the Applicant has submitted a change in plans, showing the
elevation change and how they would compensate for the higher elevation with a large retaining wall; the wall will be
over 80 feet long and 8 feet high along the back of the garage and driveway, which would exceed 4', requiring a
structural engineering plan. She said there was a landscape wall, approximately 2 feet high, shown on the plan of
record.
Ms. Gonyer said the Commission can discuss with the Applicants the changes and what the changes mean for the site
and the Order of Conditions and how the Commission wants to move forward.
Mr. Healey said the footprint of the house is not in the approved location. Ms. Gonyer said the location of the
foundation is 4 -5 feet closer to the 100 -foot buffer of the wetlands. Mr. Sengabe said the first excavation was done
incorrectly and the contractor set the concrete forms using the incorrect elevations. Ms. Gonyer said 4 -5 feet is a huge
discrepancy. Mr. Healey said there is a very significant change to the Plan of Record and Conservation was not notified
of the changes. Mr. Sengaba said he did call Ms. Gonyer about the change.
Ms. Gonyer said she went to the site with Richard Alves, Town Engineer, and both agreed a revised plan along with a
structural plan for the retaining wall should be submitted. Ms. Gonyer said this is a completely different plan and she
recommended the abutters be notified of the change in the plan.
Mr. Healey said because of the grade difference, there will be runoff from the driveway out into the street. Homan
Sengaba said there was a swale proposed along the base of the elevated driveway that would be directed into a drywell.
Mr. Marcheselli suggested the homeowner cut down the height of the slab to 170' to save money and help with the
grades. The homeowner said that would be hard due to the level of rebar installed in the foundation.
Ms. Gonyer said the changes to the Plan of Record are significant, not just a minor field modification, and recommended
an Amended Order be filed with notification to the abutters of the changes for a public hearing.
Mr. Marcheselli said a plan showing a cross section of the swale along with the elevations of the swale, grades, direction
of flow, and details of the retaining wall shall be submitted.
Haman Sengaba asked if he could start the deck footings since the trench was already dug; he was told he could pour
the footings but it would be at his own risk since all the changes in the field had not yet been approved.
• 8 Jewell Street — Change inPlans
Ms. Gonyer said there are some discrepancies with this site as well, including the installation of a large boulder retaining
wall in the rear of the house. An as -built plan has been submitted. She recommended these changes approved through
a Change in Plans, no Amended Order is needed. The as -built shall be included in the file.
265 Fruit Street — Airport — update on removal of sand and siltation control. Ms. Gonyer said sand was placed along the
toe of the siltation fence to hold it down. Mr. Marcheselli said this was done because of this was in a historical part of
the airport and the historical commission stated that no digging shall occur. The Commission had ordered the sand to be
removed. The work on those lots associated with the VMP did not start because of the warm winter. Ms. Gonyer said
the clean -up of the sand is ongoing. She is getting updates from the representative.
• 300 West Street Update
Ms. Gonyer met on site with a landscaper. Stakes were set to show the area of rock to be removed with a small
machine. Rocks on the wetland side of the stakes are to be removed by hand.
15. Adjournment:
Motion to adjourn. Marcheselli /Hobaica. Passed.
Next meeting a November 21, 2016 at 7 0 pm.
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