Stow Conservation Commission
Minutes
October 19, 2010
At 7:00 PM, Commission members Helen Castles, Ingeborg Hegemann Clark, David Coppes, Rebecca Mattison, Doug Moffat, Kathy Sferra attended a meeting of the Planning Board (PB). Pat Perry, Administrator and Maureen Trunfio, Secretary of the Conservation Commission also attended. Bruce Trefry, associate member and Land Steward for the Commission, was also present for the discussion.
The meeting was scheduled to address the issues surrounding the trail that is to be constructed in the Open Space at the Derby Woods Subdivision. Representatives of the Conservation Commission and Planning Board inspected the proposed trail on September 9, 2010 for compliance with the PB’s Special permit dated January 26, 2004 and deemed that, in its present state, the trail is not acceptable for pedestrian and equestrian use.
The PB wanted to accomplish resolution with Derby Wood Trail, but also request general requirements for trail building from the Commission. The Commission explained to PB that there are general standards put forth by organizations such as the Appalachian Mountain Club (AMC) but each trail needs to be assessed on a case-by-case basis. The Commission also explained that is up to them only to approve or deny a trail. After that decision has been handed over to PB, it is their duty to enforce compliance from the developer.
The Commission would like to be involved with planning the route of the trail so that safety can be considered, instead of a case of “shortest trail from Point A to Point B.” An improperly constructed trail could become a liability to the town. PB agreed.
The Derby Wood trail was required by PB to accommodate pedestrian and equestrian users. In this case the trail should be six-feet wide with a two-foot margin on both sides of the trail. It should provide ten-foot overhead clearance. Preparation of the trail tread should involve scraping away any organic materials, leaves, needles, roots, bark and decomposed vegetation and should be free of rocks and stumps. The potential danger of the storm water basins is a special case with the Derby Wood Trail. PB agreed.
The Commission mentioned the idea that, in many cases, it would be better to have the developer contribute money to a Trail Fund so that a trail could be built at a later date by qualified personnel. PB appreciated the idea. A Trail Fund would charge the developer a specified amount per linear foot to be earmarked specifically for trail building and/or maintenance. The fund could also pay for costs such as fences and signage along the trails. The developer would need to pay the calculated amount before final permits were released by PB.
In future cases PB will incorporate basic standards into their plans for trail building and will consult with the Conservation Commission early in the planning process for input regarding each specific project where a trail will be required. Bruce Trefry offered to provide standard trail building techniques for further review. The Planning Board and Conservation Commission representatives will conduct another walk to inspect the trail.
A meeting of the Stow Conservation Commission was held at the Stow Town Building, 380 Great Road, Stow, Massachusetts, on October 19, 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
Guest: Conor Hogan
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.
October 5, 2010 Minutes
Kathy Sferra made a motion to approve the minutes of October 5, 2010 as drafted.
Ingeborg Hegemann Clark seconded the motion and it was passed unanimously.
Extension Request (OOC 299-0464)
RidgeWood Estates/Boxboro Road
The Commission received a written request from Harry Blackey, Ridge Wood LLC, for confirmation that Order of Conditions File No. 299-0464 was eligible for a two-year automatic extension to the Orders of Conditions for RidgeWood Estates to be built on Boxboro Road. These automatic extensions are provided for in Chapter 240 of the Acts, signed by
Governor Deval Patrick on August 5, 2010.
The Commission acknowledged the two-year extension contingent upon receipt of proof of recording of the Order at the South Middlesex Registry of Deeds.
David Coppes made a motion to issue a letter acknowledging the two-year extension continent upon receiving proof of recording at the South Middlesex Registry of Deeds. This extension is granted as an automatic extensions provided for in Chapter 240 of the Acts, signed into law by Governor Deval Patrick on August 5, 2010. This extension will expire on November 20, 2012. Kathy Sferra seconded the motion and it was passed unanimously.
Extension Request (OOC #299-0476)
Taylor Road/Lots 3, 4, 5
On behalf of Habitech, Inc. Hayes Engineering, Inc. has submitted a letter requesting a three-year extension from the Commission to complete the subdivision on Taylor Road conditioned under Order of Conditions File No. 299-0476.
The Commission agreed to approve a one-year extension. Habitech will be requested to provide an update on the status of the conservation restriction involved with this project, as required by Planning Board. The new extension will expire on November 20, 2011.
Perry reported that at a future date, a request to amend the existing OOC will need to be filed by Habitech to allow work on the drainage within the 35 foot NDZ to eliminate the destruction of mature trees and shrubs at abutting property. Sue Carter, the Planning Board’s consulting engineer, submitted a report regarding drainage for the project which provides an outlet from the depression at the front of Lot 5—this location was identified as a low puddling area on the existing conditions plan prior to construction. This outlet pipe is proposed to cross in front of the abutters to the east (n/f Parks) so that the water can flow under Taylor road via the existing culvert by the Parks driveway. Mature trees need to be removed to accomplish the connection.
Ingeborg Hegemann Clark made a motion to issue a letter granting a three-year extension. This extension will expire on November 20, 2013.
Kathy Sferra noted that she had reviewed the conservation restriction for the open space portion to the subdivision three years ago and forwarded the restriction to Habitech’s attorney for submittal to EOEEA for review prior to submitting a final document. The status of the restriction is unknown.
Ingeborg Hegemann Clark made a motion to amend the original motion and grant a one-year extension contingent upon a completed conservation restriction. This extension will expire on November 20, 2011. Kathy Sferra seconded the motion and it was passed unanimously.
ARRT Track Road
The Conservation Commission requested a meeting with Mr. Rising to discuss the availability of Federal money to create a design plan for Track Road, which would enable a connection to Maynard’s bicycle trail that begins at White Pond Road. Design costs would be approximately $225,000; Stow’s portion of the cost is $45,000 or 20%. ARRT Committee has applied for CPC money to pay for Stow’s portion and is a warrant article for town meeting. (Warrant Article)
Mr. Rising did not appear at the meeting. No discussion was undertaken.
Solar Panels at Minute Man Airfield
At 8:00 PM informal discussion was scheduled regarding the possibility of the installation of solar panels at Minute Man Airfield. Ingeborg Hegemann Clark and associate member of the Commission Stewart Dalzell had visited the site the prior week. Dalzell was not present at this meeting. Don McPherson, owner of the airfield was not present. Bob Knowles, Chief Operating Officer of Renewable Energy Massachusetts LLC (REM) along with Stephen Barrett, Environmental Consultant with Harris Miller Miller & Hanson, Inc. presented to the Commission.
REM receives funding from the State and Federal Governments to develop minimum 2 megawatt solar energy fields. Knowles contacted McPherson to question whether he would be interested in having “solar fields” installed. Hudson Light and Power is interested in buying the power from REM in an effort to add clean energy sources to its portfolio.
McPherson has a vegetation management plan in place from 2005. REM studied the plan and has identified wetlands and planned placement of the solar units around them. Because there is not a lot of upland area, REM inquired whether the Commission would allow them to maximize land usage directly up to the 35-foot buffer. The Commission found the last delineations to have been completed in 2004 and requested that before moving forward, REM should recheck delineations in areas where they would be working closest to the borders.
The Commission questioned access to the panels. Knowles stated that McPherson mentioned there was access to the site off Taylor Road and Maura Drive. He explained that once the panels are installed energy would be brought out either through underground cables or poles. The Commission also asked if they are planning to install as close to the 35-foot as allowable, will they be wanting permission to remove trees. Barrett told the Commission that based on initial reports it did appear that a few trees would need to come down. Ingeborg Hegemann Clark informed them that runoff needs to be considered in areas where trees are cleared. If the process goes forward the Commission would like to see drainage plans and reminded them that very sandy substraits may result in more runoff, post clearing.
Barrett mentioned that they did not plan to lay down gravel, but instead plant low-growing vegetation in the area after panels are installed. He said that most units are installed on large concrete blocks or, in some cases, held down by poles that would go into the ground.
Kathy Sferra voiced her general opinion of the project by saying she did not have a problem if the design encroached on the buffer zone here and there, but she added that she didn’t want them to treat the situation as if the entire buffer zone is available for use.
Barrett and Knowles asked the Commission if they could come in at a later date for a follow up. The Commission was agreeable to the idea.
Notice of Intent
626 Great Road (R-10 #41)
At 8:30 pm Becky Mattison opened the public hearing for a Notice of Intent filed by David Lorden, C.W. Fuels, proposing to replace the existing failed septic system. The system will be in the same location as the existing system. The engineer, Steve Poole, represented the applicant. The property owner did not attend the public hearing as requested.
Steve Poole stated that the proposed work includes the excavation of the existing, failed sewage disposal system and the construction of a new, expanded system, in the same general location. It is not proposed to change existing grades in the area nor will there be new impervious surfaces installed as part of this project. The project is within the Riverfront Area.
As part of this project, the Commission reviewed the original Order of Conditions (#299-0334) and found that the site was not in compliance. The Commission was concerned with signs stating that parking behind the building was allowed, which was not permitted in the original Order of Conditions. Plantings that were conditioned in the original Order were never completed.
The Commission saw no problems with the plan for the new septic design, but had questions regarding the planting plan. The Commission requested a revised landscape plan be submitted based on the March 2002 plan approved by Planning Board. There were questions regarding signage. The Commission wanted signs a, b & c to be installed per the original March 2002 plan. In addition, they specifically insisted that a “No Salt” sign be installed at the wetland boundary.
Kathy Sferra made a motion to close the public hearing for a Notice of Intent filed by David Lorden of C.W. Fuels for proposed septic upgrade work at 626 Great Road.
Ingeborg Hegemann Clark seconded the motion and it was passed unanimously.
Doug Moffat made a motion to approve the Findings and Special Conditions as drafted and to issue the Order of Conditions File No. 299-0528 for proposed septic upgrade work at 626 Great Road. Helen Castles seconded the motion and it was passed unanimously.
Plan Review
32 Davis Road (U-4 #49)
The Commission requested the engineer for the project, Jude Gauvin of Adept ESC Inc., attend this evening’s meeting to provide a final wall design including end wall designs and locate the sediment control basin on the site plan review as conditioned in the Order prior to commencement of work on the seawall. Halliday attended as well.
Gauvin answered the Commission’s question regarding the issue of removing neighbor’s wall by hand. In response to a flow rate question regarding sediment that flows down in the direction of the sediment basin, he explained that two shallow wells will be set up with pumps in them and the pumps will pump into an area where the water will cascade down slowly and filter. The Commission asked how far off the wall will the riprap would be. Gauvin said 24 inches.
Ingeborg Hegemann Clark made a motion to accept plan filed in response to the Order of Conditions File No. 299-0522 for proposed seawall work 32 Davis Road. Helen Castles seconded the motion and it was passed unanimously.
Derby Wood Trail
No discussion occurred.
Conservation Restriction
Red Acre Woodland Abutter Encroachment
The Stow Conservation Trust (SCT) has made many attempts to have the residents of Elm Ridge Road remove encroachments to the Red Acre Woodland without success. SCT would like the Commission to assist since the Commission is the holder of the conservation restriction.
The Commission agreed to visit the site and try to locate property markers. If this proves unproductive, the Commission decided it would be willing to split the cost of a land survey with SCT.
Warrant Articles
Article 2: Transfer and Authorization of Deerfield Lane Parcel
The selectmen would like to attempt to amend the conservation restriction and special permit to allow a public water supply to be located on this site. Kathy Sferra has been in contact with Irene DelBono, EEOA and Town Counsel regarding the language in the warrant article and action required to amend the conservation restriction. Sferra has met with Bill Wrigley, Town Administrator, who agrees that an amendment to the restriction is preferable to removal of the restriction. If the warrant article passes, the Commission will expect more information regarding the design and who will be operating the well. A Notice of Intent (NOI) will need to be filed if the warrant passes.
Sferra stated she would like the first sentence of the warrant eliminated because it is not needed. She also asked to change the sentence “authorization to sell or enter into a long or short term lease of all or a portion of said parcel for the purposes of development of a public water supply and including approval to construct and install all surface and subsurface infrastructure and equipment necessary for the development of a public water supply...” to read “to amend the restriction imposed by the CR to provide for the uses listed above.”
Ingeborg Hegemann Clark made a motion to support the warrant article for Deerfield Lane with amendments to article as proposed by Kathy Sferra and Town Counsel. David Coppes seconded the motion and it was passed unanimously.
Track Road (Article 3)
To see if the town will vote to approve the expenditure of the sum of Forty-five Thousand Dollars ($45,000.00), or any other sum, for the Town’s share of the cost to design, to Mass DOT requirements, on a regional basis with the Towns of Maynard and Acton, a portion of the Assabet River Rail Trail from the Stow/Maynard town line to Sudbury Road. (Community Preservation Committee).
The Commission took no position due to lack of information, and no vote of support ensued.
Project Update
Pump House at Shopping Plaza
Perry reported the Fire Department (FD) and Linear Retail associates met Tuesday, October 12th to discuss the FD’s limited access to the pump to do testing. Discussion included extending the existing outlet out to an area near the parking area to accommodate the Fire Department or install a new dry hydrant in the pond.
Erosion problems and the access for fire protection will be addressed when the NOI is filed.
Project Update
Screening of Loam/Parcel B Arbor Glen
Perry reported that the screening has been completed and the Commission has received a bill of $13,000 dollars and a check from Applefield Farm to reimburse the Commission for a portion of the screening. Steve Mong has requested that Parcel B be named “The Phillip Noonan Field” who was the previous owner and farmer at the site. The Commission agreed that the name proposed would be a nice tribute to Noonan. Pat Perry will be looking into having a draft license agreement developed.
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Lake Boon Drawdown/Filing Under Local Bylaw
The Superceding Order of Conditions has been appealed by residents of Lake Boon. Perry reported that the annual 6-inch board removal for winter will not be permitted until the appeal is settled according to Joe Bellino of DEP.
The Commission was not pleased that Joe Belino forbade the Town of Stow from removing any boards while this issue is in litigation. The Commission regards the standard winter board removal, that has been ongoing for many years, as standard maintenance that has nothing to do with the lake drawdown. The Commission did agree that the Highway Department should have a written lake management plan for an annual winter drawdown.
Susan Lawrence Park
David Coppes met with Bill Wrigley, Town Administrator, to discuss the moving the well head on Town Building property further east. The existing parking lot is already in Zone 1. Town can’t construct a new parking lot because it adds more to the non-compliance issue. Wrigley thought for some time that Town Building would get on the proposed water pipeline. That pipeline project has been canceled.
The location for the proposed wellhead is within the 100-foot buffer zone. Coppes informed Wrigley that he would need to file a Request for Determination of Applicability (RDA) so that the project could be vetted publicly. The change would allow the water supply to come into compliance with Zone 1 set back requirements.
Wrigley asked for an unofficial query as to the support of the Commission on this issue. He would like to be able to present the Commission’s support to the Board of Selectmen next week. The Commission voiced its support of the issue and Pat Perry will inform Wrigley of the support on Wednesday, the morning following the meeting.
Tree Removal
479 Gleasondale Road
Perry reported that the homeowners contacted her after a tree fell on a parked car in their parking area at their home this past week. They have had three or four tree companies inspect the trees for estimates and they have all identified the trees that need to come down since they are dead or dying. The homeowners are concerned since they have a handicapped child and their tenants have two small children that play in the yard under the trees near the river. Perry submitted photos for the Commission’s review and requested to have the trees removed.
The Commission agreed to allow the removal of the trees for safety reasons.
Adjournment
Kathy Sferra made a motion to adjourn the meeting at 10:30 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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