Stow Conservation Commission
Minutes
December 21, 2010
A meeting of the Stow Conservation Commission was held at the Stow Town Building,
380 Great Road, Stow, Massachusetts, on December 21, 2010 at 7:30 in the evening.
There were present: Helen Castles, Vice-Chair
David Coppes
Ingeborg Hegemann Clark
Doug Moffat
Kathy Sferra
Absent: Rebecca Mattison, Chair
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.
December 7, 2010 Minutes
David Coppes made a motion to approve the minutes of December 7, 2010 as drafted and amended. Kathy Sferra seconded the motion and it was passed unanimously.
Certificate of Compliance (#299-0514)
277 Sudbury Road (U-13 #19)
The applicant proposed to construct a new single family dwelling according to zoning setbacks, new well and septic system in compliance with the Board of Health and Title V. This causes the house in part to be partially in the 100-foot buffer and the well in the 35-foot No Disturb Zone. A waiver has been granted for the work on the well located within the No Disturb Zone. The Stow Conservation Commission considers bringing the well into compliance a public benefit. The applicant was to restore disturbed areas with native plants, which will be allowed to naturalize. The original plan showed a temporary path to get to the well at the shore of Lake Boon, however the slope was clear-cut. As-built shows the plantings that are already located on site without prior approval from the Commission as stipulated in
the Order of Conditions. Becky Mattison conducted the site inspection December 16th on behalf of the Commission.
Mattison was not present at the meeting but submitted her site report, photos and recommendation for the Commission’s consideration. Her report stated that the site showed severe gullying at the top of the bank in the location of the well down to the haybale line. The gullies around the well are 8 inches deep and at least one new bush is heavily excavated from the runoff. She recommended better erosion controls to protect the slope until vegetation occurs. Mattison also noted that the site was hydroseeded but showed but on the east side showed sheet-flow style ripples. On the lake side, a gully is starting between the deck steps and bank down to the lake. Mattison recommends the area be stabilized and show signs of vegetation before the Commission issues a Certificate of Compliance.
Perry noted that the developer had installed plants on the disturbed hillside without prior approval from the Commission and would probably not survive the winter months. A letter with a copy of Mattison’s report and photos will be sent to developer, Gary Shimmel. Shimmel may renew his request next year once the property is stabilized and the plantings approved.
Kathy Sferra made a motion to deny issuing a Certificate of Compliance for Order of Conditions File No. 299-0514 for work at 277 Sudbury Road. David Coppes seconded the motion and it was passed unanimously.
Notice of Intent (#299-0529)
26 Pine Point Road (U-1 #7)
At 7:45 PM Helen Castles opened the public hearing for a Notice of Intent filed by Arthur Bronk for proposed replacement of a failed septic system within the 100-foot buffer of Lake Boon at 26 Pine Point Road. Doug Moffat conducted the site inspection on behalf of the Conservation Commission.
Thomas DiPersio, Sr. of Thomas Land Surveyors & Engineering represented the applicant. DiPersio explained that the homeowner attempted the Title V process and did not pass. The septic utilizes a cesspool and is located 41 feet from the lake. The new Presby System’s tanks will reside 40- feet from the lake. No work will occur in the 35-foot buffer. DiPersio explained that the location is a very “tight” lot. Many neighbors with the same situation have placed their septic systems across the street, but in this case, Bronk’s well is located across the street. The entire lot is within the buffer zone and they are locked into placing the septic in the front yard. The proposed upgrade for the septic system for a two-bedroom design has been reviewed with Jack Wallace from the Board of Health but to date not
approved.
A retaining wall at the front of the property and many plantings will need to be removed. Anything dug out will need to be trucked off site, as there is no available space for stockpiling. DiPersio told the Commission that at the completion of the project grading over the top of the septic would be flatter than what is there now. Because of breakout they will have to build a retaining wall out front about 6 feet from the front of the house. The tanks will need to be placed under the deck. The deck will need to be torn down and reconstructed after completion of the septic work. DiPersio said the reinstalled deck would have a smaller footprint so that the tanks below are not completely covered.
The Commission discussed erosion control with DiPersio. He told the Commission they would install a silt fence across the front of the house. Moffat questioned the area on one side of the house that seems to have a swale running through between the hill and the house. DiPersio said he would look into it and make sure they “catch” everything.
The Commission saw great value in removing the cesspool. DiPersio said it would be pumped out before it is removed. All trucks will stay up on the street and work will be completed from a terraced area below.
David Coppes made a motion to close the public hearing for a Notice of Intent filed by
Arthur Bronk for proposed septic replacement at 26 Pine Point Road. Doug Moffat seconded the motion and it was passed unanimously.
Kathy Sferra made a motion to approve the Findings and Special Conditions as drafted and issue the Order of Conditions File No. 299-0529 for a septic replacement within the 100-foot buffer zone at 26 Pine Point Road. Ingeborg Hegemann Clark seconded the motion and it was passed unanimously.
Request for Determination of Applicability
Lake Boon Dam, Barton Road (U-1 #51)
At 8:05 PM Helen Castles opened the public hearing for a Request for Determination of Applicability filed by Conray Wharff and the Lake Boon Commission for a Draft Operations & Maintenance Plan for Seasonal Drawdown of Lake Boon.
Wharff addressed the Commission with Cindy Curley and presented his preliminary draft of the plan. The Commission suggested that the document declare definite dates that the boards would be removed and installed so that residents would be aware and could plan accordingly for boat removal and planned projects. They agreed that October 1st and April 1st were appropriate dates for removing and installing the boards. There was some discussion regarding the method for contacting residents. Posting on the LBA website, mailing the email list, posting in the Stow Independent were all suggestions that were put forth.
The Commission suggested that it be stated in the plan that maintenance removal and installment of dam boards shall only be implemented by a Stow Highway Department employee.
Don Hawkes, Dawes Road, stood and stated that the Lake Boon Groundwater Protection Team strongly supports the effort to seasonally remove boards in order to lower the lake to prevent the flooding of basements and damage to docks.
Kathy Sferra made a motion to close the public hearing for a Request for Determination of Applicability filed for an Operations & Maintenance Plan for Seasonal Drawdown of Lake Boon. Ingeborg Hegemann Clark seconded the motion and it was passed unanimously.
Ingeborg Hegemann Clark made a motion to issue a Negative 3 Determination approving the Lake Boon Maintenance Plan as drafted by the Lake Boon Commission and amended by the Stow Conservation Commission as discussed during the public hearing. David Coppes seconded the motion and it was passed unanimously.
Request to Amend Order of Conditions (299-0476)
Taylor Road Lots 2, 3, 5 (Habitech)
At 8:15 PM Helen Castles reopened the public hearing continued from December 7, 2010 for a Request to Amend Order of Conditions for DEP File Number 299-0476 for work to be completed by Habitech, Inc. at property located on Taylor Road, Assessor’s Map R-6 Parcel 108. Work proposed includes the installation of a catch basin and relocation of a 12” drainpipe.
Jon Tilton of Hayes Engineering Inc. contacted Pat Perry prior to the meeting to request a continuation to January 18, 2011.
David Coppes made a motion to continue the public hearing regarding Taylor Road Lots 2, 3 and 5 to January 18, 2011. Ingeborg Hegemann Clark seconded the motion and it was passed unanimously.
Request for Extension of Order of Conditions (299-0420)
Village of Stow
On December 14, 2010 Richard Harrington of Stamski and McNary met with the Commission after sending a letter requesting a three-year extension of the current Order of Conditions set to expire on January 4, 2011. This project does not fall under local bylaws due to the fact that it is classified as a 40B project. Harrington explained that twelve units still need to be constructed with work near the vernal pool and a three-year extension would give Habitech, Inc. time to finish the project. The Order is already extended two years due to the Permit Extension Act.
Ingeborg Hegemann Clark made a motion to issue a three-year extension to the Order of Conditions File No. 299-0420 for work at Villages of Stow valid through January 4, 2014. Doug Moffat seconded the motion and it was passed unanimously.
Encroachment/Elm Ridge Resident
Red Acre Woodland, SCT Land
Pat Perry requested permission to issue a letter on the Commission’s behalf regarding the encroachment onto Red Acre Woodlands, land belonging to the Stow Conservation Trust with a conservation restriction held by the Stow Conservation Commission. The Trust has requested assistance from the Commission and the Board of Health to have the property owners comply within 30 days of receipt of letters.
Ingeborg Hegemann Clark made a motion to grant permission to Pat Perry to send the letter as drafted to the homeowners at 67 Elm Ridge Road ordering removal of any encroachments on Red Acre Woodland in violation of the terms of the Conservation Restriction held by the town of Stow Conservation Commission. Kathy Sferra seconded the motion and it was passed unanimously.
Derby Wood Trail
Representatives of the Con Com and Planning Board inspected the proposed trail on September 9, 2010 and Ingeborg Hegemann Clark and Doug Moffat conducted another inspection recently. It was the consensus on September 9th that the trail was not adequate for pedestrian and equestrian use. At the October 19th joint meeting with Planning Board it was agreed that the Commission would provide general standards and appropriate trail construction.
On the morning of 12/16/10 Perry walked the trail again. The trail is not 8-10 feet wide in certain areas and not well defined or marked with signs at the beginning and end of the trail. The trail around the basin near Dunster Drive has not been completed. Perry suggested that trail blazes be installed also. The Commission reviewed the plan showing the location of the trail and was satisfied with the proposed location.
The Commission concurred with Perry that the trail, in its present state, is not acceptable. Trails are not clearly marked. Trail blazes must be clear and easy to follow. The danger of an edge with a possible drop at the first basin off Harvard Road must be protected with a split rail fence. The trail must be 8-10 feet wide at ALL points. The trail must be completed and these issues addressed before the Commission will issue final approval of the trail. Pat Perry will forward these recommendations to Planning Board.
Kathy Sferra made a motion to issue recommendations to Planning Board to forward to the developer before final approval of the Derby Wood Trail. Ingeborg Hegemann Clark seconded the motion and it was passed unanimously
Arbor Glen Public Easement
An easement document has been drafted by Pulte and is being reviewed by Jon Witten and the Planning Board. According to Witten the document will have to be accepted by Town Meeting unless the access easement is being donated to the Conservation Commission. If the Commission accepts ownership of the public easement we will be obligated to maintain the easement. If there is no easement, there will be no access to the trail on the agriculture field (Parcel B). The Commission felt it important to have access to get to Parcel B, which they manage as agriculture. The question remained regarding trail maintenance. Perry requested Planning Board send a letter to the Commission requesting an action on the part of the Commission.
Perry also noted that Pulte has not yet asked for their Certificate of Compliance. The Commission thought they should check the replication area before the Certificate of Compliance is granted.
Ratification of Emergency Certification for Lake Boon Dam Board Removal
Due to litigation regarding Lake Boon, the Stow Highway Department was instructed not to remove boards from the dam as they usually due for winter maintenance. However, residents complained that the high level of the lake water was causing damage to docks. An emergency order was issued to obtain permission to remove the board. The Commission is required to ratify the emergency certification.
Ingeborg Hegemann Clark made a motion to authorize the emergency certification for the removal of the board at the Lake Boon Dam in December. Kathy Sferra seconded the motion and it was passed unanimously.
Authorization for Pat Perry to Sign the Lake Boon Drawdown Settlement Agreement
The Commission voted to give Pat Perry permission to sign the Lake Boon Drawdown Settlement Agreement.
Ingeborg Hegemann Clark made a motion to authorize Pat Perry to sign the Lake Boon Drawdown Settlement Agreement and issue a joint motion for approval of the settlement. Kathy Sferra seconded the motion and it was passed unanimously.
Adjournment
Ingeborg Hegemann Clark made a motion to adjourn the meeting at 9 PM. seconded the motion and it was passed unanimously.
The Commission adjourned at 9:00 PM.
Respectfully submitted,
Patricia R. Perry
SCC Coordinator
Maureen Trunfio
SCC Secretary
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