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2010/08/03 ConCom Minutes
Stow Conservation Commission
Minutes
August 3, 2010

A meeting of the Stow Conservation Commission was held at the Stow Town Building, 380 Great Road, Stow, Massachusetts, on August 3, 2010 at 7:30 in the evening.

There were present:     Rebecca Mattison, Chair
                        Helen Castles, Vice-Chair
                        David Coppes
                        Ingeborg Hegemann Clark 
Kathy Sferra

Absent:  Doug Moffat
               
                               
comprising a quorum of the Commission; also

                        Patricia R. Perry, SCC Coordinator
                        Maureen Trunfio, SCC Secretary
                                                                
The meeting was called to order at 7:30 PM.

Minutes

Helen Castles made a motion to approve the minutes of July 20, 2010 as drafted and amended. Kathy Sferra seconded the motion and it was passed unanimously.

Partial Certificate of Compliance
31 Asa Whitcomb Way

Resident, Michelle Waldie, called the office regarding the absence of a Certificate of Compliance on her property.  Waldie is in the process of selling the home and a closing for the sale is scheduled for August 17, 2010. The Order of Conditions was issued for a 3-lot subdivision, roadway and drainage system.  Planning Board confirmed that the street has not been approved. Pat Perry suggested the Commission issue a partial Certificate of Compliance for Lot 1 only.  The lot includes a portion of the drainage area.  David Coppes will inspect the site on Wednesday, August 4, 2010 and report to Pat Perry. A decision will be made whether a partial Certificate of Compliance can be issued based on his site review.

Kathy Sferra made a motion to approve and issue a Partial Certificate of Compliance for 31 Asa Whitcomb Way with the notation of Ongoing Conditions, specifically stating that the existing berm and drainage that are on Lot 1 shall not be altered contingent upon a satisfactory site review. David Coppes seconded the motion and it was passed unanimously.

Amendment to Order of Conditions
Center School Project

At 7:55 pm the Commission reopened a public hearing continued from July 20, 2010 to consider a request to amend the Order of Conditions issued to the Stow Elementary School Building Committee. The proposed activity is consideration of a wetland enhancement project to mitigate encroachment of 1,650 square feet of bordering vegetated wetland for renovations to the existing Center School. Jamie Warren and Lorraine Finnegan of Symmes, Maini & McKee Associates Inc. (SMMA) presented. Neil Joyce of the ESBC (Elementary School Building Committee) and Stow resident, Jack Slattery of 53 Conant Drive were present.

At the previous hearing SMMA discussed creation of a ephemeral pool but after review, felt a pool may result in future limitations on the school site. SMMA is now proposing a simpler wetland replication area outside of the existing wetland that will act as an extension to the current wetland area. The replication area will mimic existing wetland conditions and will be hydrologically connected to the existing BVW.

The original impact of approximately 1,650 s.f. has been minimized by installation of a modular retaining wall north of the access drive behind the building addition. By utilizing a retaining wall, the impact area is reduced to approximately 900 s.f.  The original plan, enhancing the wetlands by removing approximately 15,000 s.f. of invasive species in and adjacent to the wetland, has been modified to avoid an aggregate alteration of wetland of more than 5,000 s.f. SMMA is now proposing to remove approximately 3,100 s.f. of invasive species. With the 900 s.f. of direct alteration and 3,100 s.f. of invasive species removal, the total wetland alteration is approximately 4,000 s.f. Both areas will be replanted in accordance with details provided in plans. This scope exceeds the required 110 percent (990 s.f. 900 s.f.) replication requirement of the bylaw.

SMMA also presented an additional plan that included a reduced replication area at a ratio of 2:1 (1,900 s.f. 900 s.f.). This option preserves the overflow play area south of the basketball court and eliminates the additional chain link fence, which would be required for in the Option 1 scenario.  This option would still provide a greater than required ratio of replication but at a reduced cost to the Town of Stow.

SMMA’s plans noted that hydric soil would be utilized on the site. The Commission mentioned that clean loam would be suitable if hydric soil is too difficult to relocate. The addition of 20% organic content was determined not to be necessary. The Commission also discussed the actual timeframe for planting. SMMA explained that they wanted to complete work in the back field area during Phase I. Finnegan explained that they would like to stay on schedule with the foundation installation. August 9th is the scheduled commencement of excavation for the foundation; well before replication of the wetland has been completed. SMMA requested permission to complete the replication, remove invasives and plant in the Fall of 2010 or the Spring of 2011. The Commission agreed to the request as long as construction wasn’t ongoing during a period when water was present in the area. The Commission also stated that the replication, invasive removal and planting work, must be completed by the time Phase I of construction has been completed.

Kathy Sferra made a motion to close the public hearing for the request to amend Order of Conditions File No. 299-0516 for the Pomp/Center Elementary School renovation.  Ingeborg Hegemann Clark seconded the motion and it was passed unanimously.

David Coppes made a motion to approve the findings and conditions as drafted and issue an amended Order of Conditions for the Pompo/Center Elementary School.  Helen Castles seconded the motion and it was passed unanimously.

Plantation Apartments (40B)
252 Great Road

The ZBA Hearing for a 37-unit apartment building has been postponed until August 5, 2010 and they are requesting input from various departments. The Commission instructed Pat Perry to write a letter stating that the Commission has no jurisdiction in the area.

Pilot Grove II

The ZBA will hold a hearing for approval of an amendment to a 40B Comprehensive permit dated 10/22/88 for a 60 unit mixed income rental development to accommodate the proposed Pilot Grove II development on August 16th at 7:30 pm. Kathy Sferra agreed to review the filing and attend the meeting.

Lake Boon Drawdown  
Appeal to DEP

The Lake Boon Commission and the Conservation Commission are on the Board of Selectmen’s agenda for August 17th.  The BoS would like a written summary from the Commission as to the reasons for this meeting.  Jon Witten has also been asked to add his input from our meetings with DEP.  Pat reported to the Commission that Laura Spear, the Chairman of the BoS, made clear that she has no understanding of the law in regards to the appeal (DEP or Superior Court) and what the BoS’s role is regarding the drawdown.  The town owns the dam; therefore the Board of Selectmen should approve the project and manage removal of the boards with the Highway Department.  Kathy Sferra offered to update Spear.

The Commission agrees that proper information has been provided by the Lake Boon Commission and will support the drawdown.  The Commission would like the appeal remanded back to the town to facilitate a public hearing; Joe Bellino of DEP stated in a prior meeting that his inclination is to issue a superceding order and was willing to review conditions that the Commission would like included.  The Commission also discussed whether a public hearing should be held since the decision is still under the town bylaw.  

Draft Agriculture License/Arbor Glen:

Pat Perry has assembled a draft license for farming Parcel B and recommends a meeting with Steve Mong of Applefield Farm.  Perry also stated that the issue of the topsoil that will be left on the property is still ongoing.

Highway Department Culvert Work

The Commission discussed work that the Highway Department has been completing in wetland areas without permission or permit. Mike Clayton, Superintendent of the Highway Department, will be invited to a future meeting with the Commission to discuss proper procedure when replacing or enlarging culverts, as well as any additional work in a wetland areas. The Commission proposed the possibility of meeting with Clayton twice a year to have him present upcoming projects.

Derby Wood Trail

Pat Perry was asked by Dave Coia of Habitech to approve the trail in the open space at Derby Woods. Pat and Bruce Trefry went out to inspect the trail in July and found no evidence of a 6-foot wide trail. Pat will contact Dave Coia regarding her findings.

Honey Pot Hill

Building Department received a query as to whether Honey Pot Hill Orchards requested a permit to plant a new arborvitae maze on Boon Road. The Commission recalled that the area is a wetland area and has had discussions with Honey Pot regarding planting and building in this area in the past.  Ingeborg Hegemann Clark asked Pat Perry to contact Andrew Martin to schedule a site inspection.  Helen Castles and Rebecca Mattison offered to assist.

Adjournment

Ingeborg Hegemann Clark made a motion to adjourn the meeting at 9:38 PM.  Kathy Sferra seconded the motion and it was passed unanimously.


Respectfully submitted,




Patricia R. Perry
SCC Coordinator





Maureen Trunfio
SCC Secretary