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HomeMy WebLinkAboutCONSERVATIONminutes04272009 CONSERVATION MEETING APRIL 27, 2009 Present: Joe Mulkern, Chair; Paul Boyden, Vice Chairman; Carole Matthew; Michele White; Jack Smith; Michele Grenier, Conservation and Environmental Planner. 11. Meeting called to order at 7:02 pm. 2. Notice ofIntent: Mansfield Mnnicipal Electric Department, Bird Road #211- 0829 Thomas Brunner, ofPLM, civil engineer for the drainage calculation design, Allan Rice, design engineer from the consulting firm of PLM, Chris Cox, project engineer for the town and Gary Babin, the Director of the Light Department were present. The Electric Department will be constructing a new electric substation adjacent to the National Grid transmission right-of-way on a I acre pOliion of an existing disturbed 4 acre parcel within the 100 ft. buffer of bordering vegetated wetlands and an Estimated Habitat of Rare Wildlife and a Priority Habitat of Rare Species area. Gary Babin told the board planning and feasibility studies have been done. He also told the board they have worked extensively with the neighborhood, addressing the residents concerns. He said they have work closely with Michele to make sure the plan complies with the wetland regulations and conservation restrictions on the land. Allan Rice told the board there is a single electrical substation on Gilbert Street on the west end of town. All the electricity for the town comes thru this substation. The electricity needs to be transmitted a long distance across town to service East Mansfield. The project is necessary because ofload growth in the town. The Bird Road site has the potential to be developed for up to 8 distribution circuits. The town's current system operates on 8 distribution circuits; the new substation would result in a doubling of the capacity. Allan Rice told the board the new substation would be equipped with two transformers and an equipment enclosure for low voltage switchgear and relays. The equipment enclosure will be a metal structure that is fabricated off site, delivered in sections and constructed on site. An oil containment system and drainage will also be installed. Allan Rice said the Electric Depmiment will enter into an easement agreement with National Grid in order to locate the substation on the land. There can be no other facilities built within the 300 ft. transmission corridor. The substation has to be located to the west of the corridor, leaving about Y, acre for the substation. Access to the substation will be from a paved driveway on Bird Road. Allan Rice told the board catch basins will be added to a Cape Cod berm to collect all rainwater and snowmelt from the driveway, parking area and the oil catchment basin. The runoff will be collected, filtered and discharged to open bottom infiltration chambers, designed to put all water back into the ground directly and keep any mnoff from discharging into the wetlands. The storm water runoff infiltration chambers will be located within the 100 ft. buffer. Allan Rice told the board there will be 2 locked gates for security purposes, one at the entrance to the driveway, the other a motorized gate for entrance to the general yard area. Staked hay bales with silt fencing behind the bales will be installed where needed and remain in place until construction is completed. Stockpiling of material will only be done outside the buffer zone. Allan Rice said there will be 2 large structures by the transmission lines, approximately 40 ft. tall that will require foundations. Because of the size of the towers, the foundations could possible extend down into the water table. In addition, the mechanics for the oil catchment basins are about 70 ft. deep and will also be in the water table. As a result, dewatering may be necessary. The applicant will construct a silt corral outside the buffer to slow down any runoff. Michele told the board the site has been previously disturbed. She said the substation will be located on or outside the 100 ft. buffer zone and there will be some grading within the 25 ft. line. Allan Rice said a retaining wall is planned in the southeast corner of the site to prevent any further intrusion or change in elevation on the down slope side of the wall. Michele told the board she did not see the plan shown tonight with the drainage areas; she was not aware the drainage areas would be on the sides of the site. She thought the drainage was being placed underground. She had told the applicants Mansfield's by-law states all work has to be outside the 100 ft. area when in an endangered species habitat. But because the area is an altered site, is mowed year round and has transmission lines on it, she did not see a problem with the minimal work between the 25 ft. and 50 ft. areas. She said the hay bales have been placed outside the 25 ft. and should have been placed inside the 25 ft. area. Gary Babin told the board they have gone through the Municipal review process. He said John Sullivan had some comments about the initial plan and these comments have been addressed. A follow up set of comments was received today, April 27, 2009; the holding tank to the far right was not on the original design. Allan Rice said John Sullivan recommended more permeability testing be done for the additional set of infiltrators. Paving for the driveway and parking lot will be done after the site has been developed to make sure any material coming off this surface does not enter the drainage or filtration systems. Board comments: Carole Matthew: At the November 17,2008 RDA hearing - Soil borings were done on 3/23/2009 as approved in a Determination of Applicability dated 11/17/2008 - Ann Langille was again reminded about staying out of the 100 ft. Carole told the applicants the plan would not meet the requirements of2.6 of the by-law. Carole said at an initial meeting 5 years ago she told the town manager this was not a good site because of the estimated and priority habitats and the need to stay away from the 100 ft. buffer. "It has been known for 5 years. I do not see how, the way it is designed now, it will meet the town's by-law. 2.6 is pretty cut and dry. Nowhere in our by-law or regulations does it say anything about previously disturbed or mowed or anything else with regard to estimated and priority habitat areas. If it did it would be in 2.4 and 2.6 supersedes 2.4." Carole Matthew said the only thing for the applicant to do at this time is to contact Natural Heritage for a determination as to whether there are any endangered species on site and if the alteration by the project will have an adverse effect on the habitat. The applicant could also hire a wildlife biologist approved by Natural Heritage to conduct an assessment study as to whether any species actually exist on the site and ifthere would be any species impact. She said the by-law is 10 years old and the board has consistently applied the rare species provision and the board has to treat all applicants equally. Michele told the board the Electric Department is presently working with MESA (Massachusetts Endangered Species Act). Paul Boyden told Gary Babin the town was aware of site problems 5 years ago; everyone was aware of the by-law restrictions. Paul mentioned a letter from National Grid dated January 8, 2009 concerning maintenance activities on transmission lines. In the letter National Grid said it was their understanding the Town of Mansfield did not have a by- law. Paul asked Michele if this had been corrected. She said they were informed about the by-law. Carole Matthew added she had asked numerous times if the people involved in the Bird Road project were aware of the 100 ft. no touch. Joe Mulkern told the applicants the board has issues with the structure and placement of the retaining wall and with the 2 gates to be installed. Michele asked if the 2 gates were necessary and if they could be moved to another location. Allan Rice said the gates are necessary to secure the entrance and to allow trucks to get in along the back side for access to the control building and the enclosure for maintenance and storage. Joe told Allan Rice the trucks would come within the 50 ft. line. Jack Smith asked about the make-up of the perimeter wall. Allan Rice said the 12 ft. wall proposed around the perimeter of the site for security and aesthetics consists of 2 components; the base of the wall, about 4 ft., will be cast in place concrete to look like a fieldstone wall while the upper portion, 8 ft., will be concrete panels embossed to give a wood-like appearance. This will provide better visual screening for the neighbors. There will also be extensive plantings around the perimeter ofthe fence. Allan Rice told the board the wall is similar to the one at Mansfield Crossing. Joe Mulkern asked if the other sites had conservation issues. Allan Rice said all sites were in the estimated and priority habitats including the site on the opposite side of Bird Road. This site, approximately 53 acres, also has a conservation restriction; this would be the site oflast resort because of the restriction. Another site looked at was land owned by Jay Zola behind Stanley Village. 3 other sites considered were in residential areas. Of the 6 sites looked at, Allan Rice said the Bird Road site was the most viable. Joe Mulkern told the applicants the board could not vote tonight because of the numerous issues concerning the site. Allan Rice told the board the applicant would have to consider all comments made by the board. Hearing ended at 7:50 pm. 3. Abbreviated Notice of Resource Area Delineation: Covidien, 777 West Street. #211-0828 Rich Albano, project scientist of Tetra Tech Rizzo was present. Rich Albano told the board the delineated wetlands are located in the nOlihwest, western and southwestern portions of the site. The wetlands are associated with an existing southerly-flowing stream, which runs through a culvert located under the interchange between 1-95 and 1-495, eventually flowing into Hodges Brook. Michele reviewed the wetland line on April 16, 2009. The line is accurate. Paul Boyden made the motion to accept the plan, dated April 21, 2009, for 777 West Street, plan titled "Covidien, 777 West Street, ANRAD Plan" as presented to the board. Jack Smith seconded. Passed 5-0. Hearing ended at 8:00 pm. 4. Certificate of Compliance: Alan Brown, 701 North Main Sh'eet - #211-0820 A quitclaim deed has been submitted to Conservation for 701 North Main Street, Unit A. Michele told the board the document addresses all conditions stipulated in the Order of Conditions issued June 23, 2008. The fence is in and the shrubs and trees have been planted. The board was concerned there was not a quitclaim deed for Unit B. Michele will contact Alan Brown so a quitclaim deed for 701 NOlih Main Street, Unit B can be drawn up. Jack Smith made the motion to accept the quitclaim deed for 701 North Main Street, Unit A, Book 17924, Page 280. Paul Boyden seconded. Passed 5-0. A request for a celiificate of compliance has been submitted for 70 I NOlih Main Street. All conditions have been met. Paul Boyden made the motion to approve the issuance of the Celiificate of Compliance for 70 I North Main Street, Unit A - DEP #211-0820, Book 17924 and Page 280. Jack Smith seconded. Passed 5-0. Hearing ended at 8:30 pm. I 5. Other Business: Carole Matthew asked for the pictures of the restored buffer area behind the house at Patriots Way. Michele told the board the project has been closed out. The trees were planted along the southern propeliy line; 3 white birch trees and a high bush blueberry tree. The amendment to 2.5 of the by-law looks good and has been added to the town meeting articles. Carole Matthew made the motion to accept the minutes of Apri113, 2009 as amended: instead of "the applicant is staying away from the vernal pool", the wording should have been "the applicant is staying away from the Rare Species Habitat" on the property. Paul seconded. Passed 5-0. I 6. Adjournment: Motion to adjourn at 8:40 pm. Joe Mulkern/Jack Smith Passed 5-0. Next meeting will be May 18,2009. Ck~ Joseph Mt(lkern, Chairman /(/ -/~-Of' Date