The clear-cutting last month of a presumed vernal pool during site work for the Gloucester Crossing shopping center is under investigation by the Conservation Commission.
At a Sept. 17 meeting, the commission and developer Sam Park agreed on mitigation, including replanting around the site of the seasonal pool behind the Fuller School, where spotted salamanders and possibly other amphibians breed.
At its November meeting, the commission intends to resume its inquiry into the clear-cutting, which was described by Park's lawyer, Michele Harrison, as a "misunderstanding."
Opponents of the project have posted a video on YouTube, the multimedia Web site.
One week ago, Gregg Smith, creator of the SaveCapeAnn Web site and a leader against the proposed development at Tide Rock in Lanesville several years ago, posted a three- minute video of a site visit to the pool last year before the project — a 200,000 square foot development on 32 acres just off the Route 128 extension — was approved unanimously by the City Council.
The clip shows discussion about the area of the pool, which by overt agreement with the city was not to be altered. But the headline for the video announces: "Sam Park and Michelle Harrison Clear Cut Vernal Pond."
"The core of the vernal pool habitat will remain protected," Amy Green, an environmental consultant to the project wrote in April 2007 to Tony Omobono, of CDM, the environmental consulting firm employed by the city at Park's expense to peer review the development plans.
The unauthorized work removed the trees and shrubs around one of three uncertified vernal pools connected by wetlands that run diagonally across the project.
In an interview, Park said, "As soon as we heard there was an issue, we were out there immediately."
The work was undertaken as part of a permitted relocation of power lines. The clearing under the line is about 100 feet wide, and was shifted about 100 feet, according to site plans.
Smith, a video camera operator, could not be reached, but former City Councilor Valerie Nelson, one of a vanguard of activists who have aggressively opposed Gloucester Crossing, said the violation warranted the "maximum" penalty for the developer.
"The city sits on you like a ton of bricks when things like this happen," said Nelson. "I don't know what planet they're on, but it isn't green."
Nelson said she hoped the city would reopen the vetting of the project, which was completed last September, and revisit the drainage plan.
Harrison, however, said simply that "there was a misunderstanding."
"The plans showed the relocation of the power lines," she said. "The contractor believed they were following what was shown on the plans. When the ConCon contacted us, we immediately looked at what happened and proposed mitigation."
At the Sept. 17 meeting of the commission, Park's team proposed to — and were directed to — order shrubs to be planted this fall to give the salamanders and other amphibians, possibly turtles and frogs, something next spring for egg laying like the natural environment that was destroyed last month by hand tools.
Eight days ago, in a summary of the controversy sent to the council, community development Director Sarah Buck said Bill Manuell, an environmental consultant employed by the city to supervise construction, stopped a contractor from clearing the site around the pool with heavy machinery in early September.
"Near the end of the week, however, work resumed," Buck's memo continued. "While the contractor kept heavy machinery out of the wetland, they went in with hand power tools and cleared all tree and shrub vegetation within the utility easement, which includes the vernal pool habitat."
Harrison said it was her understanding that the contractor misunderstood the order not to go into the site with heavy machinery to mean that hand tools were allowed.
"There are conflicting opinions between the project proponents regarding whether the cutting in the vernal pool was allowed as part of the project," Buck wrote.
In an interview, Buck characterized the incident as an "imperfectly reversible mistake," and added a point to be resolved was whether the mistake was made in "good faith."
"The site contractor was told to stop but he didn't," said Buck.
"Many people are using this as an opportunity to criticize (Gloucester Crossing)," said Park, who said he was committed to "creating habitat" and making "the site work better than it did before."
Opponents of the project have challenged the state's decision to give $2 million in grant money for infrastructure and are challenging negotiations for an additional tax forgiveness that Park and his partner and lender DeMoulas Super Markets are seeking from the city.
DeMoulas has signed a long-term lease to build a Market Basket supermarket in the anchor spots and Staples and Marshall's have also signed leases as junior anchors.
Richard Gaines can be reached at rgaines@gloucestertimes.com.
