Stow Conservation Commission
Minutes
September 14, 2010
At 7:15 PM, Commission members David Coppes, Kathy Sferra and Rebecca Mattison attended a meeting of the Board of Selectmen regarding the draft superceding order of conditions that might be issued by the Department of Environmental Protection for lake level drawdown. Members of the Board of Health and the Lake Boon Commission also attended the meeting.
The Selectmen questioned if there were similar cases where they could look at precedent. The Commission explained that drawdowns are a very common and very effective technique. What makes Stow’s drawdown unique is the number of shallow wells along the lake. The Board of Selectmen’s Chair, Laura Spear, wondered if the $10K in reserve for emergency water was enough money to cover potential costs involved. Theresa O’Riorden, Lake Boon Association member, explained that she compiled the estimates and felt confident that the funds were sufficient. The Selectmen were insistent that residents of the lake be informed and educated regarding the drawdown. Jack Wallace, Health Agent, was present and stated support for the drawdown. The Conservation Commission was present and stated support. Don Hawkes, a lake resident at 9 Dawes Road,
spoke and stated the importance of a public hearing to present the drawdown to all residents. Bill Wrigley, Town Administrator, spoke to the cost of the first year of the drawdown. Pat Perry, Administrator for the Conservation Commission, compiled an estimate for the cost of notifying abutters; water sample testing, etc. and it totaled approximately $500. The Selectmen agreed to pay for these costs from their engineering budget for the first year. Wrigley noted additional costs would be scheduled into the town’s budget for future years’ expenses.
A meeting of the Stow Conservation Commission was held at the Stow Town Building, 380 Great Road, Stow, Massachusetts, on September 14, 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 Conservation Commission meeting was called to order at 7:50 PM.
August 17, 2010 Minutes
David Coppes made a motion to approve the minutes of August 17, 2010 as drafted and amended. Helen Castles seconded the motion and it was passed unanimously.
Notice of Intent
Boxboro Road at Heath Hen Meadow Brook
At 8:15 PM Becky Mattison opened the public hearing for the replacement of a culvert on Boxboro Road by the Stow Highway Department. Mike Clayton, Superintendent of Highways presented plans to replace the existing arched culvert on Boxboro Road/Heath Hen Meadow Brook with a 48-inch smooth wall polyethylene pipe.
Dave Coppes, Commissioner assigned to the site, inspected the culvert and took measurements and photos. Coppes was concerned that the culvert being replaced is much higher than the original one and is a fairly large arch structure. Coppes questioned whether replacing the existing pipe with something deeper might drain off more water from the wetlands upstream. Clayton stated that there was sufficient room to set a new pipe at the same elevation as the old. After reviewing culvert options, it was determined that Clayton’s choice was sufficient.
Resident of 203 Boxboro Road, Mark Jones, stated that during the very heavy rains of Spring 2010 this particular culvert was working at near full capacity.
David Coppes made a motion to close the public hearing for a Notice of Intent filed by the Stow Highway Department for proposed culvert work on Boxboro Road at Heath Hen Meadow Brook. Kathy Sferra seconded the motion and it was passed unanimously.
David Coppes made a motion to approve the Findings and Special Conditions as drafted and to issue the Order of Conditions File No. 299-0525 for proposed culvert work by the Stow Highway Department on Boxboro Road at Heath Hen Meadow Brook. Ingeborg Hegemann Clark seconded the motion and it was passed unanimously.
Notice of Intent
63 Robert Road (R-14 #5A-39)
At 8:30 PM Becky Mattison opened the public hearing for a Notice of Intent filed by Alan and Julie Fish, proposing construction of an in-ground pool, pool house and associated patios, grading and utilities within 100 feet of the Bordering Vegetated Wetland (BVW). The pool and the pool house with basement have been installed. The pool house and grading is within the 35 foot No Disturb Zone of the drainage easement associated with Robert Road.
On Thursday, August 26th, Pat Perry received a complaint from a neighbor regarding possible impacts to the drainage easement. The Building Inspector and contractor were contacted to meet Perry on site for an inspection. Due to the scale and placement of the basement bulkhead of the pool house, Perry had concerns regarding slope stabilization and impacts to the drainage easement. Work at the site was shut down. The following morning a meeting occurred with the homeowners, Alan and Julie Fish, contractor Duffy McNulty, Scott Hayes of FORESITE Engineering, Ingeborg Hegemann Clark and Pat Perry. The homeowners were educated regarding the drainage easement and requirements to bring their project into compliance.
Upon the Commission’s request the silt fence was improved. The bulkhead that was installed was large and caused a fairly steep slope down to the drainage ditch. That bulkhead was removed and the design was changed to a smaller bulkhead and grading will be gentler. Large rocks that were dug will be used to build a small boulder wall no higher than 2 feet on the edge of the easement line that will help level the area and ease stabilization.
The Commission will require the planting of six native shrubs between the stonewall and the drainage ditch. These shrubs shall produce food and nesting for birds. The Commission will expect to see a proposed list of shrubs before planting commences. Planting must be completed in the spring of 2011.
The Commission suggested stabilizing the lawn by seeding as soon as possible. Duffy McNulty, contractor, stated that the grading and seeding would be completed within two weeks.
Donne Cutting, resident of Two Catherine Circle, spoke to state that he finds the drainage easement to be flowing well and hopes that it will continue to do so in the future. The Commission assured him that this project has not affected the flow and the Commission will ensure that the drainage easement is not impacted.
Kathy Sferra made a motion to close the public hearing for a Notice of Intent filed by the Julie and Alan Fish for proposed grading and planting work related to the installation of a swimming pool and pool house at 63 Robert Road. Helen Castles seconded the motion and it was passed unanimously.
Kathy Sferra made a motion to approve the Findings and Special Conditions as drafted and to issue the Order of Conditions File No. 299-0526 for proposed grading and planting work related to the installation of a swimming pool and pool house at 63 Robert Road. Helen Castles seconded the motion and it was passed unanimously.
Emergency Septic System Replacement
C.W. Fuels 626 Great Road (R-10 #41)
Steve Poole met with the Commission to discuss an emergency septic repair at C.W. Fuels. The Board of Health (BOH) notified the Commission that breakout had occurred and impacted Elizabeth Brook. The owners have been notified by DEP and BOH to pump the system weekly and submit pumping reports to the BOH until the system can be replaced.
Poole explained that he designed this septic system four years ago at a time when the Dunkin’ Donut shop that is now inside the gas station was not a consideration. The present system cannot handle the present volume of demand and has failed. Poole recommends removing the original system and installing a new system as soon as possible. He reported that he will have a design plan from surveyors this week and will present information for the final design to the BOH by the end of next week, September 24, 2010. The Commission declared this as a legitimate request for an emergency septic. They will want to see an erosion control on the plan.
The Commission sent a letter to C.W. Fuels regarding the necessity of filing an after-the-fact Notice of Intent but would condition the work to prevent further impact to Elizabeth Brook. C.W. Fuels was also put on notice that the Commission would be reviewing the original Order of Conditions (#299-334) for 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.
Lake Boon Drawdown Appeal
Response to DEP
Conray Wharf, Lake Boon Commission Chair and Theresa O’Riorden met with the Conservation Commission. The Commission explained to them that the goal of all parties involved is to enable the drawdown and do it correctly. The Commission informed the LBC that not all abutters have been notified and explained that it would help their cause to get information they have gathered out to the public and inform them of the work that has already been done and submitted to the Department of Environmental Protection as a requirement of the appeal process.
O’Riorden was concerned about time involved with sending out the notices. At the future public hearing the Commission suggested a short presentation by the LBC explaining to the public what has changed since the last public hearing. LBC could present what the new conditions are and let everyone know that there is an emergency plan in place. That was an area of great concern at the first public hearing. The Commission would take new testimony then give the public a chance to speak.
LBC would like to avoid a public hearing and stated that if a hearing is mandatory there are alternatives that the LBC might need to consider. One option is to go to court and the second option is to drop the entire pursuit of a drawdown. The Commission stated that they had received town counsel’s opinion regarding the proper procedure for issuing an Order of Conditions under the local bylaw which requires a public hearing. A copy of town counsel’s letter was given to LBC.
O’Riorden wondered if they could get a waiver to notify abutters via mail. She wondered whether instead of a public hearing LBC could post the information in the newspaper and on sandwich boards. The Commission again explained that there is no way around a public hearing and the requirements by law to make that happen.
A procedural question was raised of who would take the water samples and monitor the staff gage when the drawdown is in effect. Wharf claims that it is the town’s responsibility to take samples. He thought the Commission should draw the samples and monitor the gage. The Commission explained that they are the regulatory board and can only oversee the work as conditioned. The Lake Boon Commission is the applicant and responsible for complying with the conditions of an Order from the Department of Environmental Protection and the Conservation Commission. The Commission and DEP ensure that the Order is complied with.
Wharf raised the fact that the Hudson Conservation Commission is also involved. He questioned procedure and wondered if LBC could file an amendment with the Town of Hudson. The Stow Conservation Commission informed Wharf that if Hudson issued an Order approving the drawdown the LBC could request an amendment to the Order but would still require a public hearing as a requirement of the Wetland Protection Act.
Certificate of Compliance
120 Taylor Road
The applicant removed an existing shed and constructed a 30’ x 30’ garage in the same location. There was no work within the 35’ No Disturb Zone. David Coppes conducted the site inspection on behalf of the Commission. He reported that the majority of the structure is well outside the 100’ Buffer Zone. He saw rotted remnants of hay bales and the area appears to be re-vegetating nicely.
David Coppes made a motion to approve and issue a Certificate of Compliance for Order of Conditions File No. 299-465 for work satisfactorily completed at 120 Taylor Road. Kathy Sferra seconded the motion and it was passed unanimously.
Harvard Acres Well Drilling Emergency
According to information from the Department of Environmental Protection and the Stow Board of Health, the Assabet Water Company that currently provides water to most homes in the development, is scheduled to file for bankruptcy. Operations will cease within six months. Residents in the area will need to drill private wells in order to provide their homes with water.
Jack Wallace of the Stow Board of Health (BOH) has been working with the Department of Environmental Protection (DEP). DEP has given Wallace the authority to issue variances for those lots that, in the past, may not have met all setback requirements. Wallace asserts that he doesn’t believe giving those variances is endangering the quality of the water. Wallace was present at this meeting and discussed waiving requirements for wells being installed within the Commission’s jurisdiction and/or establishing a procedure/policy for expediting submittals. When questioned by the Commission, Wallace said that to his knowledge no wells would be drilled directly in the wetlands.
The Commission examined town bylaws and emergency provisions of the Wetland Protection Act and determined that if the Board of Health declares the problem an emergency, the Commission can proceed without public hearings and without requiring residents to file either a Request for Determination of Applicability or a Notice of Intent application for each well to be drilled. The Commission suggested each applicant who will be drilling within the buffer zone, visit the Conservation Commission office and apply for a permit to work in the buffer zone. The following forms must accompany each request, Form W which is a request for a waiver from the local bylaw, a plot plan depicting where the well will be drilled and the distance from the wetland, a copy of the Board of Health well permit application, and a signed Stow Conservation Commission
form accepting conditions regarding minimum standards for erosion and silt control for all well installations. No permits will be issued for work within a wetland resource.
The Commission approved these emergency measures for a 30-day period. If more time is required they may choose to extend for another 30-day period.
Ingeborg Hegemann Clark made a motion to issue emergency permits for installation of new residential wells within the 100-foot buffer zone of a wetland resource within the Harvard Acres subdivision in accordance with emergency provisions of the Wetlands Protection Act and the Town of Stow Wetland Protection Bylaw. Kathy Sferra seconded the motion and it was passed unanimously.
Derby Wood Trail
Bruce Trefry, Steve Quinn, Ernie Dodd and Pat Perry walked the trail at Derby Woods at the request of Habitech on Thursday, September 9th. Perry felt that the proposed trail was not, at present, a proper trail. It was a mowed path and would grow over in a very short period of time. The mowed path would not accommodate pedestrian and equestrian use.
Perry mentioned the danger of paths that run along the foot of the storm water basins. There are ledges to accommodate the path but alongside there is a drop off that could create a liability--especially if overgrown with vegetation.
The Conservation Commission discussed the issue and came up with two options. The first option would be to go back to Habitech and insist on a proper trail. The special permit issued by Planning Board did not define parameters but left it to the Commission to approve or deny the trail when completed by the developer. The second option would be to decide to let the trail overgrow to a time when the Stow Conservation Trust does have a connection from Delaney through to Marble Hill. At that time the Commission would have to take responsibility for establishing the trail. A letter will be sent to Habitech with a copy to the Planning Board.
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. This precluded them from being able to test the pump. Perry inspected the site, took photographs and found it to be true that there were problems. Perry reported that in all likelihood a retaining wall would need to be installed. Perry sent a letter stating the case to Linear Retail.
Erosion controls have been installed to prevent any further impacts to the fire pond. Linear Retail contacted the Fire Department for their input and Perry has granted Linear an extension for submittal of a Notice of Intent so that the Commission can review the proposed work for stabilization.
Arbor Glen Soil
Screening and Spreading Loam
Pat Perry recommended awarding the job of topsoil screening to Mark Lombardo. His quote came in at $9,000 to screen an estimated 3,000 – 3,500 cubic yards of topsoil and leave the tailings on site. To move the soil the cost would be $1,000.00 per day. The two other quotes came in at over $15,000.
Kathy Sferra made a motion to accept the quote from Mark Lombardo for work to screen topsoil at Parcel B Arbor Glen. Ingeborg Hegemann Clark seconded the motion and it was passed unanimously.
Athens Lane
Order Of Conditions File No. 299-0518
Pat Perry received a call from Mr. Quirk’s representative, Ceasar Balzotti, last week to request an extension to start the restoration work. Perry asked for a written request for the extension. Balzotti emailed the request for extension on September 10, 2010. The Commission noted that the extension request was received ten days after the deadline.
The deadline date was September 1, 2010 to have the first four areas completed. The Commission was concerned because it’s the end of the growing season. Pat Perry will inform DEP that work has not begun.
The Commission agreed not to extend the deadline and fine Quirk $300 for non-compliance of the Order with a requirement that work shall commence by May 1, 2011 and be completed by July 15, 2011 to prevent further fines.
Ingeborg Hegemann Clark made a motion to fine Robert Quirk $300 for noncompliance of the Order of Conditions and require work to commence by May 1, 2011 and be completed by July 15, 2011. David Coppes seconded the motion and it was passed unanimously.
Adjournment
David Coppes made a motion to adjourn the meeting at 10:35 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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