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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 - 19HNSY1tL9 UUMbLh,VH11UN GU'Imlbbl UN NINUILb NUNDA T . J HNUHKY 13. 1'TYd -- rHbt 1 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.