HomeMy WebLinkAboutConservation Minutes 7/12/1993TOWN OF MANSFIELD, MASSACHUSETTS
50 West Street, Mansfield, MA 02048
MANSFILLb CONSERVATION
AGENDA
MONDAY, JULY 12,
COMMISSION
1993
7:30 DISCUSSION OF AMENDED ORDER OF CONDITIONS FOR SE211 -335:
Mansfield Oil, 945 East St.
8:15 WETLANDS PROTECTION ACT HEARING -
Nicholas Riccio- -Essex St., Lot y -- Dwelling & associated
work within 100 feet of wetlands
8.30 REQUEST FOR DETERMINATION OF APPLICABILITY - Town of
Mansfield, to determine wetland resource area at
Clinton, Pleasant, and Cottage Streets
8:45 WETLANDS PROTECTION ACT HEARING - Crosspoint Development
Corp.-- Chauncy St. at Forbes boulevard - -To construct an
87,048 sq. ft. shopping center! a portion of which will
require work within bordering vegetated wetland,
intermittent stream bank, and buffer zone.
9:45 WETLANDS PROTECTION ACT - James Barry, Jr.- -- Exclusive Use
Area D, 90 Oat: St.-- Construction of house and related
grading within 100 ft. of wetlands
AS TIME ALLOWS:
MINUTES
CORRESPONDENCE /NEW BUSINESS
CERTIFICATES OF COMPLIANCE
NEW BUSINESS
MANSFIELD CONSERVATION COMMISSION MINUTES
MONDAY, JULY 12, 1993 -- PAGE 1
Members Present: Chairman Cauldwell, Commissioners Cormier, Oberlander,
Powers, Sadowski, Weidner
MINUTES:
MOTION: To approve the minutes of 6- 28 -93.
(Sadowski - Oberlander; all in favor, Powers abst.
from section re Mansfield Oil) VOTED
AMENDED ORDER OF CONDITIONS FOR SE211 -335: Mansfield Oil, 945 East St.
[Comm. Powers left the meeting for the duration of this discussion.]
[Comm. Smith arrived at the meeting.] Mr. Manoogian went through the
orders with the Commission, suggesting changes. Changes agreed to:
Finding 45: Replace "conceptual Zone II" with the title and date of
the Anderson - Nichols report.
Special Condition #1: eliminate "upon petition or initiative ".
Special Condition 02: "This applicant shall submit an as -built plan
showing the location of all above--ground structures and edges of parking
areas, all manholes, and all plantings, and shall be stamped by a
registered land surveyor. This shall be submitted within 45 days from the
end of the appeal period following the issuance of this Order.
Special Condition 03: Change "within 45 days" to "within 45 days from
the end of the appeal period following the issuance of this Order."
Special Condition 414: Change "at least 45 days prior" to "at least
30 days prior ".
Special Condition till: Insert "and registered land surveyor" after
"professional engineer ".
WETLANDS PROTECTION ACT HEARING CONTINUATION - SE211 -429 - Nicholas
Riccio- -Esser St., Lot 2-- Dwelling Y, associated work within 100 feet
of wetlands
Michael Trowbridge represented the applicant. [Comm. Cormier
and Comm. Powers re- joined the meeting.] Cross section of driveway
provided, as requested at site walk. Silt, sand and gravel was
the material found in test hole. Plan revision date 7- 12 -93. Comm.
Powers: Re filling right up next to wall - Mr. Trowbridge changed plan to
reflect 3:1 slope, with siltation fences shown. Comm. Sadowski:
neighbor's questioning of property boundary - problem resolved. Question
remains as to placement of sewer line and potential of line to draw water
off wetland (possibly draining it). Clay barriers /check dams agreed to.
Dick Lewis suggested two such barriers.
Joan Shaw, 386 Essex St., abutter, asked whether proper planning has
been done to prevent them from getting additional drainage. MOTION: To
close the hearing.
(Powers - Sadowski; all in favor, Weidner abst.) VOTED
REQUEST FOR DETERMINATION OF APPLICABILITY -- Town of Mansfield, to
determine wetland resource area at Clinton, Pleasant, and Cottage
Streets
Dave Archard represented the Town in requesting a commission ruling on
property behind 70 Brook St., to ascertain whether the area is a
protectable resource area. Inlet pipe to this portion of pipe is 12 inches
(rather small); the area is flat, with small (6 -8 ") depression. Water must
rise 6 -8 inches before it flows into pipe. DiCk's understanding: back in
MANSFIELD CONSERVATION COMMISSION MINUTES
MONDAY, JULY 12, 1993 -- PAGE 2
j_
1988 street drainage work done, with series of catch basins. At one time
water dumped into that area, but since 1988 that flow was shifted.
Currently a minimal amount of sheet flow off street is probably only water which is received by this pipe. Back Bay Brook water flows down Rock'`St,
since it has been re- routed.
Comm. Powers: how long is pipe between edge of Cottage St. and the
next wetland area into which the pipe 'Would discharge? Dave Archard:
could easily be 1/4 mile; the area is "Pretty much all hard- piped." Comm.
Oberlander: If graded /engineered properly, area Would drain and perhaps
wouldn't be a wetland resource. If the applicant can overcome the
Presumption of significance for each of the nine interests of the Act,
Commission can declare the area not a significant resource.
Steve Bernstein, 70 Brook St., cited a 'report (Jan. 1387) from former
Town Engineer Joe Campo. Mr. Bernstein feels new pipe is 5 -6 inches higher
than the old. .The work done in 1989, according to Mr. Bernstein was not
properly finished.
Dan Thurber, 66 Brook St., feels the area is a swamp. Water comes
from Hillside Terrace, Cottage, Robin Hill Road, etc. etc. and 'can't get to
the drainage system, because it takes path of least resistance.
Mike McLanahan, 45 Rock St. (and also lot on Cottage St.) expressed
concerns that.if Mr. Bornstein fills his property, the water may shift to
flowing onto his property.
Sarah Forbes, 1 Clinton St., also present.
Dave Archard stated that area must be surveyed before any work would
be done. l
Comm. Powers expressed concerns about water quality if road salt
reaches it.
Cindy Bertrand, 100 Brook St., reading a letter from her children,
expressed the feeling that the area is a protectable swamp.
Commission consensus: Oberlander - not a swamp; Smith - not a swamp;
Powers - has wetland qualities, but the reach for hydraulic connection is
so far away that wetland functions are not fulfilled and area is therefore'
not protectable; Cauldwell - it's a swamp but insignificant; suggested
that presumptions can be overcome by applicant; Weidner and Sadowski agreed
with Powers, Cauldwell; Cormier - not a swamp. Commission suggested re-
reading regulations governing such cases and looking at what's out there.
The area may meet some of the provisions of the Act and not others; the
determination must also take into account the needs of the abutters and of
the town. The commission will continue hearing to give applicant a chance
to respond in writing regarding overcoming the presumptions of significance
detailed in the Wetlands Protection Act. William Vernon, representing
Sarah Forbes, expressed concerns about the following: 1. Pleasant St.
(paper st.) is at this point private property; 2. The property owner wants
to preserve the land in current state as closely as possible.
Kathy Griffin, abutter, doesn't want town to "rip the area apart," but
wants drainage problems resolved.
Jean Thurber, 66 Brook. St. responded to Mr. Bernstein's allegations
regarding their pool. drainage.
Commissioners requested that copies of town's written response be
included in information distributed to the commission before the next
meeting, and that extra copies be made available to public.
MOTION: To continue to 7 -26 -93 at 8 :00.
MANSFIELD CONSERVATION COMMISSION MINUTES
MONDAY, JULY 12, 1993 -- PAGE 3
(Powers - Oberlander; all in favor) VOTED
WETLANDS PROTECTION ACT HEARING - Crosspoint Development Carp.-- Chauncy St.
at Forbes Boulevard - -To construct an 87,048 sq. ft. shopping center,
a portion of which will require work within bordering vegetated
wetland, intermittent stream bank, and buffer zone.
Bruce Tyson, TOO Land Planning, represented the applicant.
Representatives of the applicant attended a meeting of the Commission on
May 24 1993 to introduce the project in a preliminary way prior to a
scoping session. Dick. was present at scoping session on site. Questions
raised centered mostly around water quality issues. John Huber, Crosspoint
Associates (project developer); Gary Sanford; Civil Engineer Don Springetti
were present. A determination was made on this property to verify wetlands
line last October (1992). According to Mr. Tyson, the plan presented
represents a compromise for all interests, including wetlands.
Mr. Springetti developed the plan presented. The project encompasses
9 1t2 acres. Plan includes 10 sheets because of the level of detail
presented. Three parcels have been put together to form project. Acre or
so of wetland areas. 100 ft. buffer zone line shown. Three acres of
existing development on the site. Grade near proposed entry of site from
106 is similar to that near Forbes Blvd. Wetlands well below the road on
both sides.
Roof internally drained, so drainage won't spill into parking lot.
Development has been "squeezed" into about 6 acres because of the wetland
areas. Shallow marsh as well as open detention basin are planned.
Drainage designed for 25 -year storm. Parking lot drains to front (south
side). Part of roof water will be directed toward bank replacement area.
In three areas, a total of 3700 sq. ft. bvw
will be impacted, as well as 340 ft. of bank. Replication is in excess of
impacted areas. 12,000 sq. ft to be planted with various types of
wetlands vegetation. 8,000 gal. grease trap shown (Stop and Shop
specification).
Vertical concrete retaining wall, just back from wetlands line, rather
than 2:1 or 3 :1 slopes toward the rear of the building.
Detention basin designed for 100 -year event.
Chain link fence around wetland areas for litter control/ maintenance
purposes. Will also define top of slope. Stop & Shop has standard
maintenance plan involving sweeping, snow removal, etc. Hay bale /silt
fence combination proposed around perimeter of work area, wetland
replacement area and shallow marsh area. Excavation
to he done early in the process so it can be used as a temporary
sedimentation area.
Detailed planting plans also presented by Gary Sanford, Sanford
Ecological Services. Two types of resources: bvw and stream channel;
because stream is intermittent it is regulated as bank for the entire
channel, rather than as land under water body. Currently resource area is
a red maple swamp.
Wildlife habitat evaluation triggered. Results of that evaluation
were submitted. Performance standards and measures discussed also. Based
on Habitat characteristics, computer analysis was done, suggesting that it
is likely that between 50 and 60 species of wildlife may utilize these
areas. Habitat of bank area: 30 or so species (mostly birds and small
MANSFIELD CONSERVATION COMMISSION MINUTES
MONDAY, JULY,12, 1993 -- PAGE 4
rodents and mammals). To meet performance standards a replacement plan is
proposed.- New channel would be fed using clean roof runoff in one place.
Looked at depth to groundwater and are proposing to mimic the
elevations of the original in the replacement zones. Proposing to use the .
soils excavated from impact zones for the replacement areas.
Northern'' replacement area serves two purposes: one cover type around
the edge adjacent to the existing wetland would be wooded swamp; in,the
center a shallow marsh would be created, the purpose of which would be to
receive runoff and serve as a' contaminant removal system as well as
recharge the new bvw being created.
Dick 'asked about how the roof runoff system will work; it is designed
to mimic flow.that exists'. However, it will necessitate very careful
"micro - grading": In the area of detention basin- if unsuitable materials
are found, 'a mixture of peat and loam will have.to be brought in to form
substrate at bottom. The basin will be graded at 3:1, which is easy to
stabilize. Totally unsuitable materials would be removed from the site.
Comm. Smith. re truck turnaround: if oil spill or tank ruptures,
where will waste go? A single basin sufficient to pick up water in the
area, with a gas trap hood (cast iron elbow), has about 98 gals. of
capacity. Capacity of fuel tanks 150 -200 gals. Might be necessary to
double the capacity of the basins in the area.
Dank replacement area: hydraulic connection between one area at rear
of building and the bvw is a small, 5 ft. wide channel through uplands to
connect. Comm. Powers observed that the contour lines seem not to coincide
with bvw lines. There may be an additional area of disturbance: another 10
ft., making it 140 lin. ft. instead of 130. However, the replacement area
proposed is 190 ft.
Comm.- Sadowski': asked about drainage, catchin basins, oil water
separators for parking lot. Approximately 6 and 12 trees (probably 8 -10 ";
used Corps criteria) would have to be taken down. 3720 sq. ft. of red
maple swamp will be disturbed. New area will have same number of trees but
smaller canopy area because the trees will be immature. Twenty to thirty
years before the resource is similar to what exists now. Comm. Sadowski
noted that a less dense canopy area changes sunlight amount, water
temperature, etc. Shading reduces light intensities to about 1 /10 of full
sunlight. A line of white pine to create a fast- growing shading barrier
along the edge of the building adjacent to the wetland is proposed. In the
5 -15 years following development, it will be a shrub swamp -rather than
forested swamp. Species diversity may be increased for a time.
Comm. Cormier: 4120 sq. ft. of shallow marsh being altered;
replication area 4275 sq. ft. Retention area not being used for
replication, and neither is the shallow marsh.
CaUldwell: replacement area D: being fed by roof drain water.
Intermittency of the flow - will it be consistent with what is on site.
Mr. Sanford felt it would be, though probably there will be les water for
the area after development.
Comm. Powers: there will be vertical concrete curbing around the edge
of pavement, b inches high. (Stop ° Shop specs.) Lighting is on building
(about 8 ft. high) , with one freestanding 30-ft. pole in the back. Will
all -night lighting impact on habitat values? White pine barrier may Help. l
Mr. Sanford will try to find-available info about impact of lighting on
habitat values.
MANSFIELD CONSERVATION COMMISSION MINUTES
MONDAY, JULY 12, 1993 --- PAGE 5
Comm. Sadowski: Impact of large paved area - how much more water will
be passing through wetland and right into the drainage system. Peak rates
all slightly reduced. Volume will increase. Concern is that there may be
a wetter wetland on eastern side, drier wetland in northwestern side of
site. Commissioners were concerned that roof leader water may not be
sufficient to 'replace existing amounts of water, and suggested this be
reviewed.
Al Willis, Gloria Drive, commenting on the 30 ft. wide entrance, with
no turning radius for trucks, feels the site is too small. The applicant
is attempting to work out turning radius through easement with neighbor.
The turn can theoretically be done as proposed; traffic engineers have
reviewed.
Marry Hourigan, 475 Chauncy St., asked whether any other businesses
will be located at the site. Stop & Shop will be taking all the space
except possibly for one small space at the end. Commissioners explained to
Mrs. Hourigan that the law requires that the commission accept plans
stamped by registered engineer and land surveyor, but the commission will
walk the site.
MOTION: To continue to site walk 6:00 p.m. 7- -19 -93 and
8:30 on 7 -26.
(Powers - Sadowski; all in favor) VOTED
WETLANDS PROTECTION ACT - James Barry, Jr.-- Exclusive Use Area D, 90 Oak
St. -- Construction of house and related grading within 100 ft. of
wetlands
Ralph MRIoon represented the applicant. Flood plain has been added to
the plan; rev. date 7 -8 -93. Wetlands, hay bales, 100 ft. buffer zone
shown on plan. Last lot in back in the compound. Comm. Powers wants to
look at the line. Plan has been approved by Bd. of Health. Mr. Mahana
stated that the intent is to maintain as many -trees as possible. Hay bales
to wetland side represent limit of clearing. Comm. Powers feels there is a
lot of area of grading and clearing. Corners of house and hay bale line
will be staked. Site walk: 7 -16 at 5 :30.
MOTION: To continue to the site walk and to the meeting on 7 -26 at
7:50.
(Powers - Cormier; all in favor) VOTED
SE211 -424 - RICCIO ORDER OF CONDITIONS:
Include a condition requesting plan or detail of clay check
dam/barriers, as well as boilerplate drafted by Dick Lewis.
MOTION: To issue the order as discussed.
(Powers - Sadowski; all in favor, Weidner abst.) VOTED
The meeting adjourned at 12:00.
Approved by: Date to town clerk:
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