HomeMy WebLinkAboutConservation Minutes 1/11/1993TOWN OF MANSFIELD, MASSACHUSETTS
50 West Street, Mansfield, MA 02048
J'
MANSFIELD CONSERVATION COMMISSION
AGENDA
MONDAY, JANUARY 11, 1093
7.30 CALL TO ORDER
7 :45 WETLANDS PROTECTION ACTT HEARING
Dunn Engineering /Walmark Carp.- -Lets 234 -240, 217
(Assessors Map 37), Hallett Crossing II sUbdivision--
Dwellings, driveways, grading for 8 lets
8:15 WETLANDS PROTECTION ACT HEARING CONTINUATION - SE 11 -409:
East Coast Devt. -- Between Cooper Rd./Mystic Lane
southerly side, Rt. 10E -- Construct drainage
structures/facilities for 13 -lot subdivision, within 100
ft, buffer zone
8:45 WETLANDS PROTECTION ACT HEARING CONTINUATION - SE211 -410:
Mass. Highway Dept. - -L. Rhodes - -Rt. 140/405 to Norton
town line -- Reconstruction of Rt. 140 and associated work
between 495 and the Norton town line
AS TIME ALLOWS:
MINUTES
CORRESPONDENCE /NEW BUSINESS
CERTIFICATES OF C:OMPLIANC:E
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Members Present:
Gnairman Lauicweii.
Commissioners Cormier.
F'oroes.
-
rowers. SanoWSKI
MOTION:
To nominate Comm. Cauldwell
for another term as
chairman.
(Powers - Forbes; all in
favor)
VOTED
MOTION:
To nominate Comm. Powers
for vice - chairman.
(Forbes - Smith; all in
favor, Powers abst.)
VOTED
MINUTES
MOTION:
To approve the minutes of
1/28/92.
(Powers - Cormier; all in
favor, Sadowski,
Forbes abst.)
VOTED
DRAFT OF LETTER RESPONDING TO PROPOSED CHANGES TO WETLAND PROTECTION
REGULATIONS
hick distributed a response he prepared. The Canoe River Aquifer
Advisory Committee has voted not to take a position with regard to the
proposed changes. Discussion postponed pending Comm. Owens' arrival.
WETLANDS PROTECTION ACT HEARING CONTINUATION
Dunn McKenzie, Inc. /Walmark Corp. - -Lots 234 -240, 217 (Assessors
Map 37), Hallett Crossing II subdivision -- Dwellings, driveways,
grading for 8 lots
Ellen Peoples was present and requested the withdrawal of
lots 67 (235) and 68 (236) from this application (to be considered at
some future date) due to results of site walk.: wetlands changes and
some violations. The area is not in the water protection district.
Houses and driveways were included in the original drainage
calculations. In most areas the flow will go towards the road,
because of the amount of fill which will be required for the houses;
where flow does not go toward road, infiltration trenches or dry wells
will be included.
Ken BUja, 25 Heather Lane, was present and asked about a couple
of the lots. Standing water on his lot has "increased dramatically"
since this construction; he has lived there for 13 years. That may be
an issue under state ,jurisdiction, since state issued the superseding
orders. Final flags have not been put on the plan. A second site
walk is scheduled for 1/16/93 at 7 :00 a.m.
MOTION: To continue to 1/25 at 8:05.
(Powers - Forbes; all in favor) VOTED
MOTION: To send letter to state asking that they review /address
the apparent wetland filling which has occurred, as well
as observations /questions about lots 67 -68, including:
1) the fact that the outlet from the drainage system
into the ponding area is almost submerged, as are the
siltation controls; 2) there appears to be a loamed,
seeded area which according to the original plans was
part of the wetland area; and 3) the connections of two
pond areas; and 4) the reports of increase in standing
water levels as a result of this project.
(Powers - Sadowski; all in favor) VOTED
MANSFIELD CONSERVATION COMMISSION MINUTES
MONDAY, JANUARY 11, 1993 -- PAGE 2
WETLANDS PROTECTION ACT HEARING CONTINUATION - SE211 -409:
East Coast Devt.-- Between Cooper Rd. /Mystic Lane southerly side,
Rt. 106 -- Construct drainage structures /facilities for 13 -lot
subdivision, within 100 ft. buffer zone
Mike Trowbridge was unable to attend the hearing. The only
outstanding issue was a change in a couple of flags and the outfall.
Mr. Trowbridge has submitted a plan reflecting those changes.
The Commission is satisfied with the revisions. The commission wishes
to reserve for further review any future work to be done on lots 10
and 11 which falls within the buffer zone. The applicant was so
informed on the site walk.
MOTION: To close the hearing.
(Powers - Forbes; all in favor, Smith abst.) VOTED
WETLANDS PROTECTION ACT HEARING CONTINUATION - SE211 -410:
Mass. Highway Dept. - -L. Rhodes - -Rt. 140/495 to Norton town line- -
Reconstruction of Rt. 140 and associated work between 495 and the
Norton town line
Kevin Walsh, Environmental Section of Mass. Highway Dept.,
represented the applicant. Kate Thompson (John Crowe), Ed Corcoran
(Mass. Highway Dept.), Dick Cutts, consultant, Rich Albano (Sanford),
and Rayna Rubin (Great Woods) were also present. Mr. Walsh described
the project from beginning for the benefit of the new commissioners.
Reconstruction will include widening of Route 140 from its
present range of 36 -70 feet to a proposed 74 -92 feet in width.
Widening will also include a bridge crossing ever the Rumford River.
An EIR certificate was issued for this project in May of 1909. The
alternative currently proposed in this hearing was selected in that
EIR report as being the best alignment with least impact. The project
involves impact on wetlands as well as buffer zone work. The NGI was
submitted as limited project (correcting a substandard intersection);
as such, the 5000 sq. ft. threshold has been exceeded. All general
performance standards-will be complied with.
The two intersections being improved are the 140 intersection/
495 ramps and 140 /Great Woods driveway. For traffic safety reasons,
because the two intersections are so close, the road also will be
widened.
In 1990 wetlands were flagged and reviewed by the Mansfield
Conservation Commission under a Determination of Applicability.
Resource areas involved: bank, land under water (Rumford River);
bordering vegetated wetlands associated with the Rumford River;
bordering land subject to flooding. Widening will occur on west side
of the road. Bridge abutments will be extended about 50 ft. In
general there will be 2 -1 slopes, with the exception of a 1 -1 slope in
one area to minimize impact on wetlands. The alteration proposed as a
result of the roadway widening encompasses all four resource areas.
Alterations proposed: 220 sq. ft. of bank along Rumford River
(direct result of new abutments and wing walls); 575 ft. of bank.
parallel to 140; 12,400 sq. ft. of bvw; 21,840 sq. ft. bordering land
subject to flooding; 2000 sq. ft. land under water (by bridge
extension and associated riprap.) The latter alteration is labeled
MANSFIELD CONSERVATION COMMISSION MINUTES
MONDAY, JANUARY 11, 1993 -- PAGE 3
"temporary" because it will occur during construction, and the
capacity of the waterway will not be reduced permanently. 100 -year
floodplain alteration also shown on plans. All resource areas will be
replicated on 1 -1 basis or greater, including wildlife habitat
according to wildlife study. The west replacement area is currently
located on private property, with a permanent easement to be obtained
on this land. Mr. Corcoran explained that the Order of Conditions
can be recorded Simultaneously with the orders of taking; then the
issue of clouding the title does not arise. The northern replacement
area adjacent to 495 ramp, is currently owned by the proponent. Both
areas are adjacent to the areas being altered. Hydraulic regime and
vegetation will be the same.
A new 250 ft. -long drainage swale will be created as part of the
replication process. Other mitigation: 1 -1 riprap slope to minimize
impact; stringent erosion control program (description included in
NOI).
Re North and southbound ramps: project involves widening paving
by four feet; this work will take place in buffer ;one but will not
impact wetlands.
Rich Albano, Sanford Ecological Associates, described the
wildlife habitat impact evaluation and replacement strategy-and the
wetlands vegetation cover types on the site. Sanford reviewed the
site in 90 -91 after commission issued its determination, to evaluate
the types of resource areas. Evaluated wildlife cover types, soils,
hydrology (surface and sub - surface), vegetation, etc. This
information has been submitted as part of the NOI. Evaluations have
been done using a database specific for this county.
Richard Cutts, civil engineer with John Crowe, explained that
cattail marshes have been proposed to treat storm runoff from roadway.
One area will discharge freely into wetlands (as it does now). Catch
basins will have hooded outlets/traps. Calcs. etc. have been provided
in NOI. Flood storage will be increased by 4000 cubic ft.
Comm. Smith asked about the size of the stone which will be used
along side of roadway; stone will be a minimum of one foot. A detail
included in filing.
Comm. Sadowski asked for a review of the hydrology of the runoff
from the side of the road. Mr. Cutts reviewed the calculations.
Mr. Albano was asked why the proposed replacement vegetation isn't of
the same type as that being removed. He explained that the woody
vegetation proposed takes more effort to establish; indigenous soils
will be retained as much as possible, and other herbaceous materials
like those currently present are expected to remain within the
retained soil. Canary grass is being used primarily to stabilize
soils because of its fast- growing nature.
A Chapter 91 determination will be filed.
Nancy Gray MacNeilly, abutter /property owner in area expressed
her concerns about the Rumford River and asked for assurances that the
surrounding property will not be adversely affected. Kate Thompson
responded that there will be short -term construction impacts,
\ due to bridge abutment work, etc., and the erosion control procedures
listed in the NOI include siltation fence, coffer dams, siltation
sumps, water filtration. However, regarding long -term impacts on the
MANSFIELD CONSERVATION COMMISSION MINUTES
MONDAY, JANUARY 11, 1993 -- PAGE 4
area with which Ms. MacNeilley is especially concerned, no work is
proposed on that side of the road other than five feet of rip -rap to
improve stabilization of the river bottom and to decrease the velocity
and minimize impact of a small section that will drain into the
Rumford River. She maintained that the amount of water will not be
greater in quantity or quality post - construction, nor will the rate of
flow be faster than it is now.
Ms. McNeilley asked whether the amount of water might decreases,
which could also adversely affect the area. Project representatives
responded that, in fact, some of the runoff could be decreased in one
area as a result of going into the ground in another place (the new
replication area), but the overall effect on the entire watershed area
will.not be changed. Mr. Cutts maintained that as far as man -made
engineering is concerned, this is best that can be done.
Ms. McNeilley has observed traffic and asked whether there is a
study that prove=_- that road widening will alleviate the problem. She
advocated finding out about LegoWorld plans before making changes to
the road. She stated her belief that getting cars in and out of Great
Woods parking is not, in her opinion, a safety issue. Ms. Rubin
disagreed.
Mr. Corcoran reiterated that people will be fairly compensated
for the land taken, that every effort will be made to minimize amounts
that needs to be taken, and that his department has put much time into
this project and believes that it stands on its own merit, quite apart
from LegoWorld concerns /roads.
Karl Clemmey, South Main St., asked for shorter plantings so you
can see his proposed building (for which he has an approved site plan
and curb cut). Mr. Albano explained that since a red maple swamp area
is to be altered, red maples have been proposed for replication in
order to provide equiv Lent wi�dlife value, and he does not advocate
any substitution. R6 p e ented accompanying documents to Chairman
Cauldwell, but withdrew them when he left the meeting.
Comm. Powers asked what the EIR recommendations were regarding
water quality, and whether the project will require Water Quality
Certification. The issue hasn't yet been addressed, but Water Quality
Certification will be required by state.
In answering the question about who made the determination about
public safety concerns for this intersection, Rayna Rubin, John Drew
Company, explained that traffic /safety concerns first came up during
the EIR process in 1985, with input from a number of officials.
Dan McGonnegal maintained that the traffic /safety concerns are on
the Norton side. Mr. Corcoran doesn't know to what extent studies
have been done.
Comm. Sadowski, raising the issue of segmentation, asked whether
the commission might be looking at a future 495 southbound ramp
project in the works, in addition to this project. Rayna Rubin
answered that no such plans are under consideration.
Comm. Forbes believes it prudent to consider the ramifications of
any imminent LegoWorld decision.
Comm. Powers suggested that a limited project status results from
there being no viable alternative which has less impact, and raised
the possibility of including in the Order that consideration be given
MANSFIELD CONSERVATION COMMISSION MINUTES
MONDAY, JANUARY 11, 1493 -- PAGE 5
to considering alternatives which may arise as a result of LegoWorld
siting.
Comm. Powers asked about time frames regarding the eminent domain
process. Great Woods Ctr. will acquire as much of the land as
possible and then donate it as part of their mitigation; any land they
cannot acquire will be taken by eminent domain, about three to six
months after right -of -way plans showing what is necessary to take.
MOTION: To close the hearing.
(Cormier - Powers; all in favor, Smith abst.) VOTED
CERTIFICATES OF COMPLIANCE:
Comm. Forbes asked that the record show that she reluctantly
signed Certificates of Compliance for lot 7, Deerfield Estates and lot
8, Shamrock Estates, voted by the Commission at its 12 -28 -92 meeting.
MOTION: To release lots 18 and 21 from SE211 -352 (partial).
(Powers - not seconded; motion dies)
Comm. Forbes asked that Mr. Fuller be asked to meet with the
commission on the 25th, around 8:30.
DRAFT OF LETTER RESPONDING TO PROPOSED CHANGES TO WETLAND PROTECTION
REGULATIONS
Comm. Powers commented that the revisions to the sections
affecting ACEC areas better than those originally proposed last year.
She suggested removing the sentence signifying the Commission's full
approval of these changes, and adding a sentence to the following
paragraph reiterating the need for further discussion of these issues,
through the proposed wetlands /ACEC Advisory Committee.
MOTION: To send letter as amended.
(Powers -'Forbes, all in favor) VOTED
Additional changes have been proposed by DEP regarding
agriculture /aquaculture; comments are due Jan. 25th. Dick will draft
a response and distribute it before the next meeting.
FINANCE COMMITTEE MEETING - Sat. 1/30 9:30 a.m. Commissioners raised
concerns about the need for a capital improvement plan which would
include funds for land acquisition.
JOINT RECREATION /CONSERVATION PROJECT: Chairman Cauldwell raised the
idea of initiating a joint trail project with the
recreation /conservation commissions. Comm. SadowskPq sted an
education trail. Commissioners asked that Steven e invited to
talk to both commissions trailbuilding through wetlands.
RUSTING FARMS, LOT 8:
Comm. Powers has had a report that a lot in the Austin Farms
(owned by Mr. Fuller) subdivision which was considered unbuildable
because of wetlands (8) now has construction equipment on it. Dick
will check it out.