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HomeMy WebLinkAboutConservation Minutes 11/23/1992TOWN :OF MANSFIELD, MASSACHUSETTS p 50 West Street, Mansfield, MA 02048 t, MANSFIELD CONSERVATION COMMISSION AGENDA MONDAY, NOVEMBER 23, 1992 7:30 CALL TO ORDER 8:00 WETLANDS PROTECTION ACT HEARING: 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 9:00 WETLANDS PROTECTION ACT HEARING: 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 AS TIME ALLOWS: MINUTES, CERTIFICATES OF COMPLIANCE, ORDERS OF CONDITIONS MANSFIELD CONSERVATION COMMISSION MINUTES MONDAY, NOVEMBER 23, 1992 - -.PAGE 1 Members Present: Chairman Cauldwell, Commissioners Forbes, Powers, O'Neill, Smith MINUTES: MOTION: To accept the minutes of 11 -9 -92 as revised. (O'Neill - Powers; all in favor) VOTED CERTIFICATES OF COMPLIANCE SE211 -326. Lot 31, Down Lane (Austin Farms). Work is complete, except that growth must take hold. There is a slight deviation from the approved plan, but no changes affect wetlands. MOTION: To issue a partial certificate for lot 31. (Powers - Forbes; all in favor) VOTED EXTENSION PERMIT, LOT 18, FOREST PARK, SE211 -245. Mordini Bros. sent letter as requested stating their anticipated construction time (summer '93). MOTION: To issue one last extension, and notify the applicant that if any new plan deviates from the original plan submitted to the Conservation Commission, it must be reviewed by the Commission. (O'Neill - Powers; all in favor) VOTED CERTIFICATE OF COMPLIANCE SE211 -379, Rosewood Drive (off of Bird Road). Drainage work is done; two or three lots remain under the overall order of conditions. MOTION: To issue a partial certificate for lot li from SE211- 379. (Powers - Forbes; all in favor, Smith abst.) VOTED CORRESPONDENCE /NEW BUSINESS -- Received correspondence from NBIS (formerly Attleboro Pawtucket); a hold has been placed by the Dept. of Revenue on an account ($2200 +) held jointly by the Mansfield Conservation Commission with Angelo Pasqualino. Questions arose as to who has right to the money. A response will be sent to the bank indicating that a municipality is co -owner of that money. -- Guaranty Trust has been taken over by Fleet and F.D.I.C. Questions arose as to the status of the Erick Road project (SE211- 180). - -The DEP has withdrawn the original proposed new regulations governing wetland work in ACEC areas and is working on new ones. Currently being proposed: for work within an ACEC, the 5000 sq. ft. rule for wetland replication, and the 500 sq. ft. rule, would be eliminated. All other limited project exemptions would still apply. Comments will be accepted from the public until January. -- Revised budget was distributed to the commissioners. WETLANDS PROTECTION ACT HEARING - 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 MONDAY, NOVEMBER 23, 1992 -- PAGE 2 Present for hearing: Lisa Rhodes, Mass Highway Dept.; Robert Mion, Project Manager for the State Highway Dept.; Ed Corcoran, 1 Director of Right of Way section; Kate Thompson and Dick Cutts of John Crowe Assoc.; Bruce Campbell, design consultant; Richard Albano, Sanford Ecological Associates. Ms. Rhodes explained that the purpose of the proposed project is to improve safety in the area. 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 over the Rumford River. This project has been in the works for a number of years. An EIR certificate was issued in May of 1989. The alternative proposed in this hearing was selected in that EIR report as being the best alignment with least impact.. A design public hearing has been scheduled for Dec. 17. The project involves impact on wetlands as well as buffer zone work. The NOI was submitted as limited project (correcting a substandard intersection); as a limited project, 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 "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 proposed iacatad on private property, with a permanent easement to be obtained on this land. 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. Kate Thompson described the replication areas. 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 zone but will not MANSFIELD CONSERVATION COMMISSION MINUTES MONDAY, NOVEMBER 23, 1992 -- PAGE 3 impact wetlands. Rich Albano, Sanford Ecological Associates, explained that the applicant had requested a wildlife habitat impact evaluation and replacement strategy. 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. Mr. Albano explained that what is included in the report is only a potential species list for the site. IRayna Rubin arrived at this point.] The bank replacement area will be an enhancement over the currently existing bank, according to Sanford. Richard Cutts, civil engineer with Sohn Crowe, explained mitigation for drainage system along the roadway. 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. provided in NOI. Flood storage will be increased by 4000 cubic ft. In response to Dick's questions, the applicants stated that 220 linear ft. of bank along the Rumford River and 230 ft. along the drainage swale will be altered, and that cattails are the best available mitigation technology for the area. Comm. Powers asked about how the swale will be treated once filling occurs; what will be done to channel water out etc. A pipe (with manhole) will run in the sideslope of the road and be directed to a pre - treatment marsh, slowly filtering through wetland to the Rumford River. She also asked whether - because of the height of the current bridge, and the filling occurring - any consideration Was given to the water that currently backflows into the area. This has been calculated, according to Mr. Cutts. Comm. O'Neill asked what wildlife has been observed on the site. Mr. Albano noted birds especially; no detailed studies of amphibians were done. He emphasized that the potential species list should be regarded as a conservative estimate of what is possible there. Concerns rose over the idea of putting water onto private land. Mr. Ed Corcoran explained that none of the replication work on private land can take place until that land has been acquired for this project by the state. The Orders of Conditions will run with all the properties. The state cannot take land until the project is in proper footing for acquisition, but no work will be done until ownership is acquired. Lenny Flynn, NRT, was present to encourage the commission and the state to consider delaying the work until it is known whether the Lego project will be become a reality, since proposals (e.g., a service road) tied to the Lego project might obviate the need for this work. Ms. Rubin responded that there is currently a traffic safety problem, and even if Legoland were to happen, the earliest mitigation would occur in 1996. Mr. Corcoran added that the state is ready to go ahead now, and expressed his feeling that there is no redundancy in doing this and the Lego proposal as well, but he also agreed that things must be reviewed in light of any decision regarding Lego. Paul Lorincz, an attorney representing Mr. Karl Clemmey (also MANSFIELD CONSERVATION COMMISSION MINUTES MONDAY, NOVEMBER 23, 1992 -- PAGE 4 present), stated that his client has given no permission to anyone to file such an application on his property. He maintained that once the commission issues an Order of Conditions, it will be recorded against Mr. Clemmey's land, constituting a cloud on the deed. Mr. Lorincz questioned the authority of the commission,to issue an order for Mr. Clemmey's property. Mr. Corcoran responded that "99% of the time," town boards and commissions have issued orders prior to taking of land, because the state is allowed by statute to take only that portion of the property required, so. approved plans must be in place. The Order of Conditions is tied to this project; Mr. Clemmey's property will not be encumbered by the orders. An order would, however, serve notice to a potential purchaser that a project is being contemplated which would impact Mr. Clemmey's property. It doesn't prevent him from transferring the land, though it might affect the fair market value. Dick Lewis added that the conservation office regularly responds to inquiries about orders on a deed. Mr. Lorincz still maintained that the land would be encumbered, for refinancing or other purposes. He also questioned why Mr. Clemmey was not given notice and information regarding the hearing earlier, as he felt there was not enough time to review the large amount of information contained in the submission. Kate Thompson responded that Mr. Clemmey has been aware of and involved in these plans, which have been modified extensively to reduce impact on his land. Nancy Grey McNeilley represented abutter Mrs. Gray, who owns property on both sides of bridge. She agreed with Mr. Flynn about postponing any work until the Lego decision is reached. Ms. McNeilley registered strong opposition to the project. Mr. Clemmey, South Main St., showed the commission a site plan in existence about 1 1/2 years showing what he wa t to do with his land. He asked several questions about runoff. Mr. explained the drainage system impacts. Mr. Clemmey said he would file suit against the board as well as against Great Woods and the state, stating that he wanted the board to consider his site project as one project with the Great Woods project in its impacts. It was explained to Mr. Clemmey that his own site plan has not been filed with the commission. A joint application would require that Mr. Clemmey and the applicant for the project represented by this filing come to an agreement and jointly submit a Notice of Intent. This has not been done, and therefore the commission must consider only that project which has been filed. Comm. O'Neill suggested that the proposed plans should show Mr. Clemmey's proposed project, since his approved site plan overlaps an area where a replication area is shown. Kate Thompson responded that the applicant is not required to show other people's approved site plans. Mr. Clemmey requested that the town engineering dept. review these plans. He will send a letter with his questions to the Project Manager of the State Highway Dept., with a copy to the Conservation Commission. MOTION: To continue the hearing to Dec. 14, 1992 at 3:00. (O'Neill - Forbes; all in favor, Smith abst.) VOTED MANSFIELD CONSERVATION COMMISSION MINUTES MONDAY, NOVEMBER 23, 1992 -- PAGE 5 MOTION: To ask that the town engineer review the submission. (Powers - Forbes; all in favor) VOTED WETLANDS PROTECTION ACT HEARING: 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 Ralph Maloon represented the applicant. Wetlands have recently been re- flagged, as requested. The plan represents a modification of Tara Estates, a 13 -10t subdivision with 1300 feet of road. The project is within a water protection district. The drainage system includes a retention area on the combined lots 7 and 9. Disturbance is around the outfall only. Plans were approved by the Planning Board last Wednesday night. Drainage calcs etc. have been reviewed by the Town Engineer as part of the planning process. Oil /water separators included. The notice includes the grading and construction of Sadie's Way which falls within the buffer zone. Site walk: 11 -25, 7:30 a.m. MOTION: To continue the hearing to 12 -14 at 9:30. (Powers - O'Neill; all in favor) VOTED REVISED PLAN: SE211 -327, LOT 32 (AUSTIN FARMS) Lawn area will be limited to 7500 sq. ft. Plan was revised before, the newly submitted plan goes back to the original. Chairman Cauldwell suggested relocating dry well in back of house, pulling hay bale line in. MOTION: To send a letter to applicant requesting the change and a new plan showing this change, or a new notice; with the new plan submitted to be the plan of record if applicant complies. (Powers - O'Neill; all in favor) VOTED ORDER OF CONDITIONS: SE211 -404, Plymouth St., Town of Mansfield Chairman Cauldwell proposed conditions, which the commissioners modified. Changes as follows: Add to Finding ffl: The commission finds that thresholds do not trigger Wildlife Habitat or bank replication. Change Finding H5 to: A substantial amount of the proposed work taking place within the 100 ft. buffer zone involves clearing for the creation of grassed playing fields. The referenced plans include conceptual field layouts. Add Finding 06: Applicant agreed, at the hearings, to a 20 ft. setback from wetlands. New condition 01: Pursuant to finding 45, any tree clearing, etc. within 100 feet of wetlands (including clearing for purposes of field layout), shall be submitted to the Conservation Commission for review before work commences. New condition 02: The applicant is requested to recharge on site and to prevent runoff wherever possible. Add to condition 04: This plan shall address the layout, fertilization, and pest /weed control of these areas. No outdoor lighting and /or utilities shall be installed within 100 ft. of resource areas without commission approval. MANSFIELD CONSERVATION COMMISSION MINUTES MONDAY, NOVEMBER, 23, 1992 -- PAGE 6 Chairman Cauldwell passed the gavel passed to Acting Chairman O'Neill. MOTION: To issue the orders for 404 as discussed. (Powers - Cauldwell; Powers, Cauldwell in favor; Forbes, Smith, O'Neill abst.) VOTED The gavel was passed to Comm. Cauldwell. EXECUTIVE SESSION: MOTION: To go into executive session for the purpose of discussing potential litigation. (Powers - Smith: Forbes -aye; Powers -aye; O'Neill -aye; Smith -aye; Cauldwell -aye) VOTED The meeting adjourned at 12:00.