HomeMy WebLinkAboutmin of conservation com 06/22/2005
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RECEIVED
TOWN CL.tR~S OFF ICE
06 JUN - 6 AM II : 36
Mansfield Crossing Project Workshop Meeting
June 22, 2005 MANSFIELD
MASSACHUSETTS
Present: Carole Matthew; Colin Cauldwell; Michele Grenier;
Representing ESS: Ann McMenemy of Environmental Resources Management; David
White, Jr. Group Manager, Land Development & Engineering, ESS; Jeffrey Heidelberg,
Project Engineer, ESS; Louis Masiello, Director of Development, W/S Development;
Mark Beaudry, Senior Project Manager, Meridian Associates, Inc.; Jeffrey Bridge, Senior
AssociatelEcologist, Mason & Associates, Inc.
For the review, Jeff Bridge did a wetland related review and Mark Beaudry did a
stormwater engineering review.
Ann-There have been ehauges in wetlaud impacts since the review-the Mass Electric
Easement was not included in this review. This wiD be incorporated into the review.
Louis Masiello suggested using the Recommendations part of the letter from Mason
& Associates as a template.
Jeff Bridge stated that the recommendations are based on the March 9tll plan and
that there were updated plans submitted on May lOth. He also said that he is not
r- requiring the applicant to do anything, he is only suggesting that the Commission
require the applicant to consider these points.
Mr. Masiello stated that the plan dated May 10tll is a response to the Planning Board
recommendations. ESS wiD be meeting with the Planning Board on July 20, 2005.
He also stated that the Zoning Board had acted in favor of 3 relief items: to reduce
the total number of parking spaces on site from the zoning code to a ratio of 4 to 5;
buildings to be set away from certain types of soils, soils that don't have an
environmental value (ZBA and the Planning Board waived this section of the code);
tile 50 ft. laudseaping set back. ThM applies to the entire property. Mass aeetrieal
power lines bi-sed the site aud will cross a section of the 50 ft. buffer. Trees will be
cleared in the 50 ft. buffer to dear a small area UDder the power line. ZBA has
granted a special permit for this project.
Mason & Associates recommends that the Commission consider the following:
1) Require the Applicant to update and expand as necessary the information in the Notice
of Intent to include, at a minimum, a description of all regulated activities, resultant
resource area alterations and the their effects on the environment.
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Since much of the information has been supeneded and is outdated, Jeff feels the
Notice of Intent needs to be updated with information to coincide with the revised
plans and to provide additional information concerning wetland mitigation and the
r various proposed enhancement measures to existing resource areas and previously
disturbed buffer zone. He is not suggesting a new Notice of Intent be filed- maybe
consolidate all information and changes from all the boards. He stated that impacts
have increased with the May plans. There is little to DO infonRatioB .. the
irrigation; how it is going to work, what impact it will have on the pond. More
infOnRation is needed in regard to the improvements/enhancements they are
proposing for the resource areas and the buffer zones.
Ann and Mr. Masiello agree this should be done.
2) Require the Applicant to consider realignment of the proposed relocated overhead
transmission line in an effort to avoid alteration ofBVW.
Jeff proposed putting the new pole to the south of the existing pole to avoid aD
alteration of wetland 1.
According to MECO the existing double pole, super struettJre lias to stay in place
and can't be relocated. The next pole has to continue in the same alignment-can't
turn at an angle. The lines can't go over the develeplBeBt ... the pukiag let. Mass
Electric was not receptive to putting the lines under ground because they are hard
to maintain and repair.
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Ann said that the additional wetland impact is the result of the reIoeatioB of Mass
Electrical easement requirements. Also ESS has requested "limited projed" status
for public utilities (10.53 (3) (d))
Ann spoke to DEP about the over-head eledrie easeJBeltt .. the "1iIIIited pnjed"
and they said it is not possible to restore to the pre-existing conditions if it was
forested because of Vegetation Management programs.
Mr. Bridge said only relocation of utilities is allowed uder a "limited pnjed".
This does not fall under a "limited projed". He is concerned about the restoration-
surface vegetation and contours of the area because trees are being cut and they are
converting from one cover type to another.
Michele agreed that the utility line doesn't exist now and does not fall under
"limited projed" status.
Ann-When DEP reviewed this projed they did Dot offer auy comments about auy of
the "limited projects". The impact to the wetland was 1,850 sq. ft., a little higher
than when the projed was reviewed by Mason & Associates. The impact is now
more than 2,300 sq. ft.
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Jeff-If it is determined that these 3 wetland alteration areas associated with the
r-- relocation of the MECO line are not of "limited project" status, then the project is
weD over 5,000 sq. ft.
3.) Require the Applicant to provide written documentation from Mass Highway that site
access from Route 140 does not represent a reasonable and currently available alternative
means of access from a public way.
Mass Highway has denied site access from Route 140 in numerous letters. Further
information is needed.
Jeff-For purposes of complyiDg with tIlis "limited project", further information is
required to prove there is no reasonable alternative.
4) Require the- Applicant to consider the use of elevated bridge structures (e.g. pre-cast
concrete open bottom arch culverts) in lieu of the currently proposed enclosed box and
reinforced concrete pipe culverts and fill to cross intermittent streams A, B and C.
Jeff feels that resource area impacts caD be further minimi7.ed if elevated structures
were used to span intermittent streaMS A, Band C rather than the proposed use of
culverts and fill.
Ann-There has been recent changes in regulations relative t. stream crossings.
.r- These changes have not been adopted by the Wetlands Protection Act (not for 3
years). This will mean more extensive review ofprojeets. Crossings will be larger,
the impact greater (for this site, crossing areas of existing streams-the farm pond
crossing with existing culvert, intermitteat streams A aad B-IJedI are degraded frHt
past activities-not devoid of value, just reduced value). There is also an intermittent
stream channel, dag to dnin wetland I (this is not the main outlet of wetland 1).
This site also has a small culvert. Because these are not high value stream locations
on the site, Ann does not feel the cost benefit aaaIysis aad .1Jer:ial faadi.B tIIat
would be maintained would be appropriate to go to this level of design that would
result in additiODaI wetland aad BVW impacts. At this time they have not
redesigned to implement these requirements on this project.
Carole wanted to know if ESS would consider using elevated bridge structures.
Mr. Masiello said they have considered this but don't think it is the correct solution.
They would be wiDing to show the Commission the added impact and why they feel
it is not the solution. This would impact the fa... p8Bd enMISiag aad the
intermittent stream crossings.
CoHn feels the Commission would tike to see the impact the elevated bridge
structures would have.
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5) Require the Applicant to evaluate the Wetland Replacement Areas and to modifY the
~ design as necessary to ensure the development of a successfully functioning wetland
mitigation plan.
Jeff: Wetland impacts total 4,494 sq. ft. with wetland replacement totaling 22,540
sq. ft.-a 4:1 ratio. Wetland Replacement Area 1 is located adjacent and downstream
of Water Quatity Basin 1. Going to be alteriDg 446 If of replacement bank. The
stream tIlat is being altered-what is the frequency of Bow? How often is the
replacement bank for the alteratioa gei8g" Oew is .......,. water A.... ~ ... alae
bank is coming out of the basin that only receives water intermittently?
Ann: WiD look in to tile Oow of the streams. The bank DlitiptiOD is for aD of the
bank impacts on the site. The applicant could have tried to create several
replacements in other locations but wouldn't have got the value aDd felt by creating
one mini- eco-system, this would add more value and function.
Wetland Replacement Area 2, between basin 3 aud existing wetland-Michele aud
Jeff noticed that there is a lot of compacted gravel. Jeff suggested that the gravel fill
be removed aDd replaeedlbaddilled with suitable soil (orgaDie earboD) that will
support the proposed wetland plantings.
Ann agreed.
r-- 6) Require the Applicant to consider further revisions to the stormwater management plan
to avoid the discharge of runoff into the Pond and the resultant direct and indirect impacts
to Wetlands I and 2.
A review of the Stormwater Report Addendum notes that the water levels will rise
approximately 1 inch in Wetland 1 and 0.5 in Wetland 2, essentially at the same
levels as predevelopment conditions.
At the present time, there are 2 out falls and no inlet into the poDd. There are 2
inlets proposed for the pond.
Colin-What about tile qualitative impact of the untreated water? This is a change
aud needs to be addressed.
Jeff-Why can't the drainage continue to go into IBtenDitteat Stream B so we don't
have the untreated stormwater going into the pond?
David-We are modifying the Sell_I St. dninage-ean go back and introduce some
type of treatment system to elean fllis water
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Jeff recommends putting in another stonnwater deteatiea ..... _1iIIe .. aptun
some of the water, treat the water, contain it and outlet it to the pond-therefore they
wouldn't be using the pond for retention. They would not have to fill the wetlands
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to create a berm to hold the water in the basin. The water could be metered out to
r- the pond to maintain the hydrology of the pond. Therefore, water doesn't increase;
you save wetland impacts and avoid altering the pond because of stormwater runoff.
The applicant claims that the alteration of LUWW is limited to the installation of an
intake pipe for irrigation and will be less than 5,000 sq. ft. Jeff-at a minimum, the
5,000 sq. ft. thres'old 'as been exceeded and he feels the project, as proposed, wiD
actually alter approximately 4 acres of LUWW and wiD exceed the performance
standards for this resource area. Therefore, a wildlife habitat evaluation is
necessary.
Ann doesn't believe this is .. alteration because it doesn't have a negligible change
or an adverse impact, as defined in t'e Wetlands Protection Act.
Jeff disagrees; he feels it is .. alteratioa. He feels this is .. ........... iuae ....
could affect the project.
Carole feels it is au alteration. She feels the Commission probably wiD 'ave a
problem with this.
7) Require the Applicant to provide additional information regarding proposed irrigation
and its effects on the Pond.
r- As proposed, .. intake pipe wiD be installed within the pond for tile purposes of
witladrawing water for irrigation (so the project wiD not be drawing off the public
water source for irrigation).
This appears to represent an additional aetivity nsuIti8g ill ......... aItcntieII to
LUWW-Iowering of the water level-for which the impacts have not been identified,
described or evaluated in the Notice of Intent.
Ann-It was in a conceptual stage when the Notice of lateat _u:IiW a year ago-did
acknowledge the dired impact for when the pipe would be laid in the pond and the
intake valve installed.
Ann-We don't have the specitk answers for you, need to go baek iatenaaIIy to
evaluate and put details and an advanced concept to a design.
Lou described a Lifestyle Center-tlte site layout is IIIOre varied; stores are facing
each other, not a street; tenants are more high end, specialty stores as opposed to
general or discount stores; Architecture is more upgraded-dapboard, cultured
stone, more glass; more heavily landscaped.
Jeffwanted to bow why a well was aot put in for irrigation plU'pOSeS. David said
that since the pond is replenis'ed with groundwater, that to put in a well would be
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diverting water from the pond. They want to maintain the hydrology of the pond
and the intermittent streams.
Mark thought that maybe a cistern could be used to take the runoff from the roof
for irrigation.
Colin-Has the applicant thought of using drought-resistant plantings? Yes
Ann-should they be looking for alternatives for irrigation?
Michele feels all water conservation issues should be explored to minimize the
impact on the pond and wetlands.
Ann-We need to explore all alternatives for irrigation and address what has been
proposed so far, with far more detail/elimination of the impacts to wetland.
8) Require the Applicant to prepare a wildlife habitat evaluation pursuant to 10.60 should
alteration to LUWW exceed the 5,000 sq. ft. threshold.
9) Require the Applicant to re-consider the filing fee in response to those currently
proposed activities resulting in the raising and lowering of the water level in the Pond.
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This is an additional activity resulting in further alteration to LUWW, for which
impacts have not been identified in the Notice of Intent riled May 2004. This wiD be
included in the revised Notice of Intent.
10) Require the Applicant to consider a revised site plan of reduced scale to further avoid
and minimize project-related wetland impacts to the extent practicable and to provide a
50 ft. "no disturb" zone as required by the Commission.
This project does not fully comply with the Massachusetts Wetlands Protection Act
or the Town of Mansfield Wetland Protection By-law. Jeff feels that the proposed
development could be scaled down to be in compliance of the 50 ft. "no disturb"
zone and to lessen the wetland impacts.
Carole stated that the Commission wiD require that ESS follow Section 2.4 of the
By-Law, holding them to the 50 ft. "no disturb" zone for new construction. This
project primarily establishes a limit of work setback of 25 ft.
Ann and Lou met with the former agent and he advised them that for a disturbed
site which this project is, that a 50 ft. wouldn't be appropriate-gave them examples
of commercial projects such as Erin's Centre where there was work up to the 25 ft.
zone.
Carole pointed out that we have been in court for years over Erin's Centre.
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Colin said that the Commission has consistently held to the 50 ft. "no disturb" zone.
"Our policy is our policy. People have been unable to build because of the 50 ft. and
constructions unable to be occupied because of the setback. The Commission's
position is to require a 50 ft. "no disturb" zone for new construction."
Mr. Masiello said that the project has now been reduced from 450,000 sq. ft. to
395,000 sq. ft. They have eliminated the hotel from the plan. In its place they wiD
relocate the existing farmhouse that is in front of the pond to the hotel site and it
wiD then be donated to the Chamber of Commerce to be used as their headquarters.
They have also eliminated the large anchor store (Kohl's) from the plan and have
reconfigured the plan, the result of which wiD mean smaller, more high end
specialty type stores, 20,000 sq. ft. or less.
There have been increases in some of the buffering set backs to property lines. They
have made changes to prevent encroachment in the 25 ft. zones. They have also
pulled the developed portion of the property away from the wetland line. They have
added upland stormwater basins that were not in the original design, to reduce the
use of the existing on site pond as a detention feature, to a minimum level.
11) Require the Applicant to consider placing a Conservation RestrictionlEasement on
the subject property to avoid subsequent alteration of resource areas and buffer zone.
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This would prevent further alteration of resource areas and to the remaining
undeveloped areas.
The applicant does not want a Conservation Restriction.
Michele wants a Deed Restriction not a Conservation Restriction and Ann agreed.
12) Require the Applicant to provide additional information/detail regarding the proposed
improvements/enhancements to resource areas and Buffer Zones.
Ann is putting together an enhancement plan but is holding off because she is
finalizing the landscaping plan with the Planning Board and wants to make sure
there is no conflict with the enhancement and landscaping plans.
13) Require the Applicant to consider implementing a monitoring control plan for
invasive plant species as part of the overall wetland mitigation program.
Jeffwould like the Applicant to implement a monitoring control plan for invasive
plant species such as purple loosestrife and reed canary grass.
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Ann says there are invasive plant species on site. There is also invasive aquatic
species in the pond. Since herbicides would be the primary recommendation to
control the invasion, before Ann crafts an invasive species plan, she would like to
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know how the Commission would react to that. Michele thinks excavation might
also be something to think about.
14) Require the Applicant to fully demonstrate regulatory compliance, appurtenant to the
Act and By-Law, in response to those project-related jurisdictional activities.
Ann-This goes back to the 1st bullet and aU the stuff talked about in between.
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