Stow Conservation Commission
Minutes
October 5, 2010
A meeting of the Stow Conservation Commission was held at the Stow Town Building, 380 Great Road, Stow, Massachusetts, on October 5, 2010 at 7:30 in the evening.
There were present: Rebecca Mattison, Chair
Helen Castles, Vice-Chair
David Coppes
Ingeborg Hegemann Clark
Doug Moffat
Kathy Sferra
comprising a quorum of the Commission; also
Patricia R. Perry, SCC Coordinator
Maureen Trunfio, SCC Secretary
The Conservation Commission meeting was called to order at 7:30 PM.
September 14, 2010 Minutes
David Coppes made a motion to approve the minutes of September 14, 2010 as drafted and amended. Kathy Sferra seconded the motion and it was passed unanimously. Doug Moffat abstained from the vote.
Legal Counsel Charges/Daley & Witten
David Coppes made a motion to approve and pay the amount of $1,690.00 for legal services associated with the Lake Boon Commissions appeal of the Conservation Commission denial for lake drawdown to be paid from the Wetland Account. Helen Castles seconded the motion and it was passed unanimously.
Notice of Intent
253 West Acton Road (R-20 #39)
At 7:50 PM Becky Mattison opened the public hearing for a Notice of Intent filed by Andrew Cavossa, proposing an upgrade to the existing septic system. Brandon Ducharme of Ducharme & Dillis represented the applicant. Helen Castles conducted the site inspection on behalf of the Commission.
The applicant’s engineer, Brandon Ducharme of Ducharme & Dillis, presented his design to upgrade the existing septic system. Due to the location of the existing well, the replacement system is located toward the rear of the property. Meeting the minimum Title 5 offset requirements to the existing drinking water well results in a reduced offset to the wetland. The project would require some grading in the 35-foot No Disturb Zone.
Ducharme explained that the current system is old and that it is in failure. The lot size limits options for locating the new system and the current system is within 50 feet of the well. 100 foot offset for the well is preferred. They are honoring the 4-foot groundwater offset for Title V due to the proximity to the wetlands. The plan was also filed with the Board of Health (BOH). BOH is requiring that the well be tested.
Ducharme is proposing an erosion control barrier at the toe of the slope. The Commission would like to include a condition that requires the planting of wildflowers and low-growing shrubs in the area to ensure the area does not emerge as lawn and will stay undisturbed. Ducharme said stockpiling the soil would occur near the front of the house.
The Commission discussed additional options for bringing the project as far as possible from the wetland, but none seemed to make a substantial difference. Ducharme thought maybe he could shorten the grading by 5-foot which would make the slope steeper. He added that he prefers not to because when a 2:1 slope is introduced, there’s an added risk of erosion.
Ducharme told the Commission that the owner would like to complete the project before winter. It is a project that generally requires 1.5 weeks.
Kathy Sferra made a motion to close the public hearing for a Notice of Intent filed by Andrew Cavossa for a proposed septic replacement at 253 West Acton Road. Doug Moffat seconded the motion and it was passed unanimously.
Ingeborg Hegemann Clark made a motion to approve the Findings and Special Conditions as drafted and to issue the Order of Conditions File No. 299-0527 for a proposed replacement at
253 West Acton Road. David Coppes seconded the motion and it was passed unanimously.
Derby Wood Trail
At our last meeting (9/14/2010), the Commission thought it best to let the trail overgrow until the Stow Conservation Trust (SCT) secured a link to Marble Hill otherwise it was a trail to nowhere that would not be used. The Commission would have to assume the responsibility of maintaining a trail that, most likely, would see little use. Since the trail was a requirement of the Special Permit for the subdivision, Pat Perry wrote a letter to Bruce Wheeler of Habitech and also sent a copy to Planning Board (PB). The PB has voted not to release the 22nd lot until the Commission and Habitech have resolved the issue of the trail. The Planning Board has requested that the Commission meet with them to discuss a policy for trail building in PCD’s. The meeting is tentatively scheduled for October 19th at 7:00
PM. The Commission will request Bruce Trefry, Land Steward, to be involved in that discussion. At this meeting, there are two separate issues that should be raised. One is the specific trail at Derby Woods. The second topic for discussion is general trail building policy.
In the future the Commission thinks it would be wise to develop trail requirements and guidelines regarding how to build a proper trail. These guidelines might be changed on a case-by-case basis. The Commission also voiced concern with asking building developers to build trails. The case was also proposed that perhaps the developers should contribute money to a Trail Fund. Money from that fund would be spent by having trails built by a qualified individual or group. In addition, a portion of the funds would be utilized for trail maintenance. A possible price-per-foot monetary figure should be discussed.
The Commission wanted to be clear with PB that their duty is merely to accept or deny a trail that is presented by a contractor. It is the responsibility of the PB to explain requirements and expectations to the builder. In the case of the Derby Wood trail, the Commission’s position was presented to PB in writing. A letter from Pat Perry explained that the Commission did not approve the trail as constructed.
Emergency Dam Repair at Lake Boon
Highway Department Superintendent, Mike Clayton, informed Pat Perry that there was a leak at the dam that needed to be repaired as soon as possible-- preferably while the level of the water is down. Perry informed Joe Bellino at DEP of the situation and he gave the go ahead to do the work as long as Clayton submitted a written description of how the work would be conducted. Bellino said an Emergency Certification Form was not necessary. Clayton reported that the leak was plugged on Friday morning, October 1st.
Solar Panels/Minute Man Air Field:
Ingeborg Hegemann Clark and associate member of the Commission Stewart Dalzell met with Don McPherson to discuss the possibility of installing several acres of solar panels at the airfield.
During the offsite meeting McPherson questioned what the Commission’s position would be if the panels were in the buffer zone, but outside the 35-foot No Disturb Zone. Hegemann Clark told him the project would be regulated the same as any other.
Hegemann Clark reported that McPherson referenced Carlson Orchards on Route 111 in Harvard as a site to visit with a large field of solar panels similar to what he would like to install. Helen Castles mentioned that she has seen Carlson’s panels and explained that they are set on poured cement footers. David Coppes, who has current experience with fields of solar panels, added that panels are often imbedded into the ground. The panels need to be able to survive wind shear and are usually set close to the ground. Coppes explained that in some cases crushed stone is laid down between each panel and between rows.
Hegemann Clark also reported that at the meeting McPherson talked about having the panels installed above grade because he’d like to have them high enough so sheep could potentially graze underneath them. The Commission is concerned that the higher they are, the more likely they’re going to get lifted by wind. The Commission also worried that there would be shading underneath the panels and vegetation would not grow. The Commission worried that if he planned to “plant” them up against each other, grasses would not grow in the area. The Commission wondered if McPherson might, at some point, install fencing also to keep out vandals. The Commission wondered how McPherson was going to access the panels. He had mentioned that there is an easement near 216 Taylor Road.
Hegemann Clark suggested McPherson meet with the Commission for an informal discussion. That discussion is scheduled for October 19th.
Harvard Acres
Emergency Well Drilling Progress
Pat Perry has issued six emergency permits and has received a list of properties in the buffer zone from Phil Nadeau (DEP). He has identified 27 properties that are in the buffer zone from a wetland map, however that does not mean that the wells will be located in the buffer zone. A copy of the list was given to Board of Health. The 30 days to issue emergency permits ends on October 14th prior to our meeting on the 19th. The Commission voted to extend the deadline for Harvard Acres residents to apply for emergency drilling permits.
Ingeborg Hegemann Clarke made a motion to extend the 30-day deadline, set to expire on October 14, 2010, an additional 30 days from the date of expiration. Kathy Sferra seconded the motion and it was passed unanimously.
Shaw’s Shopping Center/Linear Retail
Pump House
Pat Perry met with Mark Conley at the Stow Shopping Center on September 22nd to discuss work to stabilize the slope at the fire pond to prevent further erosion and for a safe access for the Fire Department to do pump testing. Perry noted that Linear has done various work in the back within the buffer zone without permits from the Commission. Conley wanted to add riprap to the bank and add a row of boulders to keep the fire trucks away from the edge of the bank. Pat Perry talked with Lt. Benoit of the Stow Fire Department the next day and he was not satisfied with Mr. Conley’s proposed repair. Pat Perry emailed Mr. Conley on September 23rd expressing the Fire Department’s concern.
The Commission suggested that if this project continues to be difficult, the Stow Fire Department might consider sending a letter to Linear Retail stating that they cannot offer fire protection. The Commission reaffirmed the fact that the Commission’s role is simply to permit or deny what an engineer proposes. Pat Perry mentioned additionally that debris is being dumped into the pond and building materials are being dumped behind the building on an ongoing basis.
Parcel B/Arbor Glen Screening and Loam Spreading
Screening has been ongoing as weather permits since Friday, September 17th. The quote was for six days of screening at $1500/day plus $1,000 to spread the loam. Steve Mong, the current person farming the land, has been spreading the loam in the fields and will be moving the tailings along the edge of the property for a stonewall. As of September 30th, there is still some topsoil to be screened, at the most two days worth of work.
Pat Perry spoke with Mark Lombardo and received a quote of $3,000 for the rest of the screening. Steve Mong has offered to contribute another $1,000 in addition to the $5,000 he’s already contributed.
Doug Moffat made a motion to approve spending an additional $3,000 from the Conservation Fund to complete screening of loam at Parcel B/Arbor Glen agricultural land contingent upon Steve Mong contributing $1,000 to the project. Kathy seconded the motion and it passed unanimously.
Emergency Septic System Replacement
C.W. Fuels 626 Great Road (R-10 #41)
Perry submitted a draft plan prepared by Steve Poole for the septic replacement at the convenience store on Great Road. Poole will be submitting a Notice of Intent for a public hearing scheduled for October 19th. CW Fuels is still pumping weekly.
The Commission reviewed the plan and found it to be significantly larger than the current septic. The Commission asked that Perry have Poole revise the plan to show the 35-foot and the 100-foot buffer and request that the owner of the convenience store attend the public hearing. The Commission also requested that Poole have the existing system shown underneath so the Commission can compare the existing and proposed. There was no mention of when work might begin.
72 Pine Point (U-1 #26)
Order of Conditions File No. 299-0524
The Commission issued an Order of Conditions for a concrete wall replacement/wall-resurfacing project at 72 Pine Point Road. Perry presented a written request from Steve Poole, the engineer for the project, stating that the homeowner would like to construct a new stonewall in lieu of what was previously proposed. This proposal will alter the approved work, only in the fact that the wall will be cemented stone in lieu of poured concrete and the portion of the wall planned for resurfacing will be removed and replaced with a new stone wall. As a large portion of the proposed work involved removing and replacing the damaged wall, this change appears to be minor in nature. The water level in the lake has been lowered so this work could proceed with little or no impact to the lake.
Kathy Sferra made a motion to approve the minor plan revision for the seawall project at 72 Pine Point Road. David Coppes seconded the motion and it was passed unanimously.
32 Davis Road (U-4 #49)
Order of Conditions #299-0522
The applicant’s engineer submitted revised plans for the wall design for the Commission to review and approve. The Order of Conditions required that the applicant submit the following revised plans for the Commission to approve:
- Plan showing the location of sediment control basin on the site plan view.
- Plan showing final wall design including end wall details.
- Plan showing location and type of dock. The replacement dock shall not exceed 300 sf in area and shall not extend into the lake beyond existing conditions.
The engineer for the project presented two separate wall designs for Perry to show to the Commission. The final design was dependent on price, however the preference was for the terraced design. The Commission requested Perry arrange to have the engineer for the project attend the next meeting of the Commission to discuss the wall designs in more detail. The Commission also requested that Perry have him include the location of the sediment control basin on the revised plan.
Two Extensions
Pat Perry informed the Commission that there would be two extension requests to review at the October 19, 2010 meeting. The first extension request is from Ridge Wood Estates AAN on Boxboro Road (299-0464). There has been no work at the site to date. The second extension request is on the Habitech lots on Taylor Road Lots 3, 4 & 5 (299-0476). Kathy Sferra said she has viewed these and the erosion controls seem fine.
Warrant Article
Deerfield Lane
The property is in the Conservation Commission’s custody. Pat Perry reported that it was voted at a regular Board of Selectman’s meeting to give the property to the Conservation Commission to manage and control. The parcel is being considered for a public water supply, however there is a conservation restriction on the parcel. Kathy Sferra and Jon Witten, Town Counsel is drafting a warrant article to be presented at fall town meeting.
Adjournment
Kathy Sferra made a motion to adjourn the meeting at 9:35 PM. Ingeborg Hegemann Clark seconded the motion and it was passed unanimously.
Respectfully submitted,
Patricia R. Perry
SCC Coordinator
Maureen Trunfio
SCC Secretary
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