Stow Conservation Commission
Minutes
August 17, 2010
A meeting of the Stow Conservation Commission was held at the Stow Town Building, 380 Great Road, Stow, Massachusetts, on August 17, 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
David Coppes made a motion to approve the minutes of August 3, 2010 as drafted and amended. Ingeborg Hegemann Clark seconded the motion and it was passed unanimously.
Stow Highway Department
Highway Department Superintendent, Mike Clayton, was asked to meet with the Commission to discuss procedure/policy for permitting projects within wetland buffers and resources areas.
Much of the work discussed involved establishing proper procedure when replacing or enlarging culverts.
Clayton explained that he always chooses to work at a time when conditions are dry. He said he would be happy to provide us with lists of upcoming projects that he has planned but voiced concern regarding emergency situations. The Commission said that they don’t need to be informed regarding every minor repair. Clayton explained that even in the case of a minor repair, there may be a backhoe on site and it may be questioned.
The Commission proposed that Clayton be in contact with Pat Perry every three months with a list of upcoming projects. Pat would inform the Commission of proposed projects so they’d be aware. If Clayton is able to inform the Commission well in advance of projects, the Commission can determine if a filing will be required for the proposed work or whether it is exempt. The Commission agreed that in the case where there are multiple upcoming projects, the Highway Department would be given permission to combine individual project details into one filing.
Clayton discussed the proposal to replace the arched stone culvert at Heath Hen Meadow Brook on Boxboro Road. Perry inspected the area with Clayton and a Notice of Intent will be forthcoming for the proposed replacement.
Certificate of Compliance
56 Pine Point Road
Property owners, Bruce Gumbert and Linda DiGregorio, have requested a Certificate of Compliance for work completed on an existing seawall.
David Coppes conducted the site inspection and took photographs. The area was found to be stabilized and in good condition. The site is well vegetated and all hay bales have been removed. The Commission agreed that the work was acceptable and agreed to grant the Certificate of Compliance.
David Coppes made a motion to issue the Certificate of Compliance for work satisfactorily completed at 56 Pine Point Road in compliance with Order of Conditions File No. 299-0513. Kathy Sferra seconded the motion and it was passed unanimously.
Tree Removal
165 Kingland Road (U4-71)
The project, (#299-0521) consisting of a home renovation and drilling of a well, was presented to the Commission on June 22, 2010. During the presentation, Tom DiPersio, Jr. stated that no tree removal would be required. Upon commencement of the work, contractors found that it would be impossible to get a well-drilling rig on site without tree removal.
Pat Perry visited the site and took photos. Three small trees at the location of the well and two large Pine trees were found to require removal. All of the trees that require removal are inside the hay bales and are not located on the bank.
The lot is very small – 60’ x 125’. The third pine tree to be removed is outside of the Commission’s jurisdiction in the location of the sewage disposal system. Perry recommended allowing the tree cutting by a vote of the Commission with a memo to the developer.
The Commission discussed the issue and agreed to allow the tree removal.
Ingeborg Hegemann Clark made a motion to amend the Order of Conditions to allow the removal of the specified trees. Helen Castles seconded the motion and it was passed unanimously.
Arbor Glen Soil Remains
Pat Perry received a quote from C.J. Mabardy, Inc. to remove 2,000 cubic yards of remaining topsoil for an amount of $15,651, which includes removal of tailings. Mark Lombardo met Perry on the site and will submit a proposal. Joe Crory who is presently working at Villages of Stow, will also be submitting a quote. The Commission is hopeful for a quote in the area of $10,000, which will include 3-inch screening leaving tailings on the site.
Steve Mong of Applefield Farm is currently farming the land and has offered to contribute $5,000 toward the screening of the soil since it will be distributed on land that he is currently farming. Perry has requested that Pulte clearly mark boundaries so that it will be apparent where Pulte’s land ends and Conservation land begins. Perry reported that she also requested signs where Arbor Glen trails end and trails on Town of Stow property begin. She also noted that septic location must be clearly marked so that heavy equipment will not pass over the top.
The Commission agreed to support an expenditure of $10,000 on topsoil screening and distribution on agricultural property located at Arbor Glen development on Hudson Road. The Commission will be reimbursed $5,000 of that cost by Steve Mong either during or shortly after the project has been completed.
Kathy Sferra moved to expend up to $10,000 from the Conservation Fund for the screening of topsoil located on Parcel B at Arbor Glen contingent on a reimbursement of $5,000 from Applefield Farm. Ingeborg Hegemann Clark seconded the motion and it was passed unanimously.
Lake Boon Drawdown Appeal
Response to Department of Environmental Protection
The Commission discussed and drafted conditions to submit to Department of Environmental Protection (DEP) for inclusion in the Superceding Order issued by Joe Bellino of DEP. The meeting with the Board of Selectmen (BoS) has been postponed to September 14th for adequate time to prepare a proposal for the BoS to act upon.
Joe Bellino, DEP will consider any specific special conditions the Commission may like included in the superceding order. Bellino also asked that the Commission consider issuing an approval of the project under the Stow Wetlands Bylaw.
The following discussion was based on Order of Conditions #299-316.
Under Special Condition Number 5 it states, “Bordering wetland, vegetation and streams must be evaluated for potential impacts due to the drawdown. Potential downstream impacts should be evaluated during the initial drawdown and throughout the periods of lowered water levels.” The Commission had concerns regarding the speed at which the water is reduced; 1.5-2 inches daily was recommended in the Lycott report. The Commission suggested daily measurements be taken. The Commission would like to ensure amphibians, crayfish and fresh water mollusks are protected.
With regard to Special Condition Number 6, the Commission felt that it was not necessary to require the Lake Boon Commission to present their annual report at a public meeting.
With regard to Special Condition Number 4, water quality samples are required but the Commission believes it should state where samples should be collected. Would samples be collected along the shoreline, at a specified depth, or out in the middle of the lake. Total phosphorous, nitrate nitrogen and TKN should be measured, as stated in the ESS report.
The Lake Boon Commission’s emergency plan defined a large-scale emergency as 24 homes having water loss. The Commission thought it should be 10 homes.
The Commission questioned whether the money in escrow should be administered by the Lake Boon Association, as it is now, or if the Board of Health should oversee the account. The Commission also mentioned requesting an annual letter stating that money is indeed in the account.
The Commission felt it should clearly be stated in the Order that if even one well is affected, the operation should be halted and the boards will go back immediately.
Perry will draft conditions as discussed for the Commission’s review and comments.
Deerfield Lane Open Space
Installation of Public Water Supply Well
Bill Wrigley, Town Administrator is exploring the option of drilling a well on the open space parcel at the end of Deerfield Lane owned by the town and managed by the Conservation Commission. There is a serious lack of available options for attaining water for Lower Village and other various projects in town. The Deerfield Lane parcel would allow access to Route 117.
The open space parcel is protected by a conservation restriction. However, the land was taken by the town for unpaid taxes, and never officially given to the Conservation Commission by a town meeting vote. The selectman voted in 2006 to give management and control to the Conservation Commission and can be reclaimed by the Board of Selectmen. Because custody was transferred to the Conservation Commission without town meeting action, reversing that does not require town meeting action, however the parcel is protected by the conservation restriction and will trigger Article 97. The Commission is willing and open to discussion regarding a well on the Deerfield Lane parcel.
The Planning Board has discussed the potential of using the Deerfield Lane
property as a site for a well. It appears that the Zoning Bylaw is fairly explicit in that the provision for a well is limiting to serve residents of the PCD. Therefore, a variance from the Board of Appeals and an amendment to the Planning Board Special Permit for Deerfield Lane would be necessary. The Board further agreed that they would be willing to modify the Special Permit if a variance was granted - provided that the well serve Lower Village as well as the 40B developments.
The Commission feels that the town has exhausted all other viable possibilities for water The Conservation Commission is in support of utilizing the land but realizes that there are legal issues that need to be clarified.
Review for Compliance
C.W. Fuels 626 Great Road (R-10 #41)
This gas station/coffee shop abuts the Elizabeth Brook. The original Order of Conditions was issued 10/2/2001. The Commission was concerned that C.W. Fuels is not in compliance with the Order. Ingeborg Hegemann Clark requested that the file be reviewed and a site inspection conducted to confirm compliance.
Simultaneously, Jack Wallace of the Board of Health, approached Pat Perry to let her know that an emergency septic situation had arisen at the same location. An emergency pump order was issued. The Commission is requiring that an after-the-fact NOI will need to be filed in relation to the septic work that will be performed but will want to condition the emergency repair so that no further impacts to Elizabeth Brook will occur.
Stow Shopping Center
Pump House
Pat Perry received a report from the Fire Department stating that there were erosion issues at the site of the pump house for the fire pond in the rear of the plaza. Perry inspected the site, took photographs and found it to be true that there were problems. Perry reported that she believes a retaining wall would need to be installed. She will send a letter to Linear Retail requesting that the install erosion controls and submit a Notice of Intent to prevent further impacts to the pond and to repair the area so that the Fire Department would be able to safely conduct pump testing.
Adjournment
Kathy Sferra made a motion to adjourn the meeting at 9:45 PM. David Coppes seconded the motion and it was passed unanimously.
Respectfully submitted,
Patricia R. Perry
SCC Coordinator
Maureen Trunfio
SCC Secretary
| 
