Stow Conservation Commission
Minutes
January 5, 2010
A meeting of the Stow Conservation Commission was held at the Stow Town Building, 380 Great Road, Stow, Massachusetts, on January 5, 2009 at 7:30 in the evening.
There were present: David Coppes, Chair
Becky Mattison, Vice Chair
Kathy Sferra
Doug Moffat
Kathy Tarbi
Absent Ingeborg Hegemann Clark
Dennis Walsh
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/December 1, 2009
Kathy Tarbi made a motion to approve the minutes of December 1, 2009 as drafted. Kathy Sferra seconded the motion and it was passed unanimously.
Certificate of Compliance
40 Pompositticut Street
Steve Poole, Inland Survey, Inc. has requested a Certificate of Compliance for the abandonment of existing leaching area and installation of a new Title 5 compliant sewage disposal system. The Commission issued a decision with one ongoing condition, which stated, “No mowing shall be permitted within 8 feet of the delineated wetland line shown on the plan. Planting of native trees, shrubs or herbaceous cover is permitted”. Becky Mattison conducted the site inspection on December 17, 2009 and found the area stabilized and in good condition.
Becky Mattison made a motion to approve and issue a Certificate of Compliance for 40 Pompositticut Street with the notation of Ongoing Conditions, specifically Special Condition number 32 that pertains to mowing. Doug Moffat seconded the motion and it was passed unanimously.
Certificate of Compliance
356 Great Road
Steve Poole, Lakeview Engineering Associates, has requested a Certificate of Compliance for the interior demolition of the existing structure and construction of a new Title 5 compliant septic system, retaining wall, loaming and seeding. The Commission allowed work within the No Disturb buffer. No ongoing conditions. David Coppes conducted the site inspection and presented photos to the Commission. He found great improvement in the drainage but was concerned about a potential sinkhole. The Commission decided that this area must be viewed once more without snow cover before the Certificate of Compliance can be granted. This issue will be reviewed at our February 2, 2010 meeting.
Certificate of Compliance
Lot 1 North Short Drive
Tom DiPersio, Thomas Land Surveyors & Engineering, requested a Certificate of Compliance for the construction of new single family dwelling, with associated driveway, utilities including septic system, grading, landscaping and a dock on Lake Boon. A Chapter 91 license for the dock has been approved and a copy submitted to the Commission. Doug Moffat conducted the site inspection and found no issues with the site.
Doug Moffat made a motion to approve and issue a Certificate of Compliance for Lot 1 North Shore Drive. Kathy Sferra seconded the motion and it was passed unanimously.
Partial Certificate of Compliance
64 Farm Road
The office of Attorney Joseph J. Connolly has requested a partial Certificate of Compliance for 64 Farm Road (lot 18). According to records, 64 Farm Road did not require an Order of Conditions for the construction of the single-family dwelling. Order of Conditions File No. 299-124 was issued for work associated with a drainage channel and culvert at the corner of Lot 14B. The Commission has not issued a Certificate of Compliance for this work and in the past has issued partial Certificates stating that the Lot in question was not associated with File No. 299-124.
The Commission discussed the possibility of investigating the “closing out” of issues surrounding the entire development associated with File Number 299-124 at a future date. This would be similar to work done for the Kettle Plain Road/Whispering Wood developments.
Becky Mattison made a motion to approve and issue a Partial Certificate of Compliance for 64 Farm Road. Kathy Tarbi seconded the motion and it was passed unanimously.
SCT Representatives Regarding Nature Camp Proposal
The Stow Conservation Trust (SCT) is proposing to sponsor a summer nature day camp. They are looking for an area to support the camp and have requested time at this meeting to discuss the possibility of using town conservation land – possibly Gardner Hill/Town Forest. The camp concept is proposed for four weeks in July from 9:00 – 3:00. This is not a one-time/one day activity as is typically proposed and there will be a cost to participants.
Betsy Kyle, Center School Teacher and would-be Camp Director, Carol Gumbart, Conservation Commission Administrator for the Town of Bolton, John Busch, President of the Stow Conservation Trust and Don Rising, Clerk for the SCT were present to offer information regarding the proposed program.
The camp, presently titled Tom Denney Nature Camp, currently runs in Bolton and has been in existence for over 20 years. Ms. Kyle has been director of the camp for many years and would like to bring the camp to Stow.
The Commission was in support of the camp idea but unsure of the legal details of operating a paid camp on land acquired with grant money as well as several other issues. The Commission feels that further research needs to be completed before a commitment can be made.
It was agreed that a working committee with three members from the Conservation Commission and three members from the Stow Conservation Trust should be established. Its first meeting was scheduled for January 11, 2010 at 7:30 a.m.
Preconstruction Discussion
62 South Acton Road
The Commission met with Maria Giovani and Shaun Doherty regarding a possible addition to the current dwelling at 62 South Acton Road. A site map was displayed and all plans seemed not to affect the current No Disturb Zone. The Commission declared that a new survey must be completed to ensure the actual wetland lines. If the lines do not change with a new survey, then the homeowners should go ahead with submitting a Notice of Intent for a public hearing and decision from the Commission.
Baseline Documentation Parcels/Conservation Restrictions
The Commission discussed whether any of their parcels had baseline documentations already completed. There was the thought that perhaps the Stow Conservation Trust may have completed some documentation of particular properties. Procurement laws (Chapter 30B) require formal advertised competitive bids for contracts over $25,000. Kathy Sferra submitted a copy of a sample RFP for the Commission’s review. Ms Sferra stated that there would be approximately 24 conservation restriction properties where baseline documentation needs to be completed. This number includes Agriculture Preservation Restrictions, however there may already have been baseline documentations completed on these pieces of property. The Commission would like to request half of the required money from the Community Preservation Fund and half will come from their own
Conservation Fund. The estimated fee to have this work completed by a qualified professional would cost between $2,000-$3,000 per property. The commission asked that Pat Perry start the research for the conservation restriction parcels needing baseline documentation and to review the Procurement Laws.
Athens Lane Enforcement
According to a fax the Commission received on December 16, 2009, Dr. Carr of Carr Research Laboratory, Inc. was unable to meet the Commission’s deadline of December 15th to submit a Notice of Intent for the restoration work on property owned by Mr. Quirk due to the fact that the survey work had not been completed. Dr. Carr has requested another extension.
The Commission agreed not to grant an extension and send a letter to Mr. Quirk requesting the following:
- A letter from a surveying firm, under contract with Mr. Quirk, with a commitment to a date to have the surveying work and plans completed.
- A letter from Mr. Quirk stating when the Notice of Intent would be submitted to the Conservation Commission for a public hearing.
Doug Moffat made a motion to issue a $300 fine to Mr. Quirk and send a letter to Mr. Quirk requesting a letter from the firm contracted to conduct the survey with a commitment to a date for completion, and a letter from Mr. Quirk stating when the Notice of Intent will be submitted. Kathy Tarbi seconded the motion and it was passed unanimously.
Site Report/413 Taylor Road
The Commission conducted a site inspection on Saturday, December 19, 2009 at 413 Taylor Road to verify the possibility of sediment entering the brook located on the border of Mr. Bonetti’s property. There was no finding of sediment flowing from Mr. Zieba’s property. There was a question of whose property lies upstream from Mr. Zieba’s property. The answer to that proved to be Fieldstone Drive. The Commission decided to re-visit the site in the Spring due the frozen conditions.
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Status of Conservation Restriction re Derby Woods Open Space
The Commission has not received any feedback from the Trust or the developer’s attorney regarding the status of the conservation restriction for the open space at Derby Woods subdivision off Harvard Road. Pat will continue to request a status report.
Open Space & Recreation Plan
In October the Commission received a letter from the Executive Office of Energy and Environmental Affairs offering an additional two years to the five-year plan that was submitted and approved. The expanded action plan must be received by February 28, 2010. The Open Space Committee has voted to expand the action plan and request the additional two years worth of grant eligibility. The Commission voted to do the same and authorize the Open Space Committee to expand the plan and meet the deadline.
Doug Moffat made a motion to expand the action plan of the Open Space and Recreation Plan and request the additional two years worth of grant eligibility and authorize the Open Space Committee to meet the deadline. Kathy Tarbi seconded the motion and it was passed unanimously.
Collings/Barton Road
Bob Collings will appear at the February 2, 2010 meeting to discuss using a portion of Liberator Lane for an access road to alleviate traffic congestion. Pat Perry requested that Mr. Collings submit a letter to the Commission with his proposal and justification.
Assignments:
NOI/56 Pine Point Road - Doug Moffat will do a site inspection of this property in preparation of our February 2, 2010 meeting.
Adjournment
Kathy Sferra made a motion to adjourn the meeting at 9:20 PM. Becky Mattison seconded the motion and it was passed unanimously.
The Commission adjourned at 9:20 PM.
Respectfully submitted,
Patricia R. Perry
SCC Coordinator
Maureen Trunfio
SCC Secretary
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