Stow Conservation Commission
Minutes
April 20, 2010
A meeting of the Stow Conservation Commission was held at the Stow Town Building, 380 Great Road, Stow, Massachusetts, on April 20, 2010 at 7:30 in the evening.
There were present: David Coppes, Chair
Becky Mattison, Vice Chair
Ingeborg Hegemann Clark
Doug Moffat
Absent: Kathy Sferra
Kathy Tarbi
comprising a quorum of the Commission; also
Patricia R. Perry, SCC Coordinator
Maureen Trunfio, SCC Secretary
Helen Castles, Associate Member
The meeting was called to order at 7:30 PM.
Minutes/April 6, 2010
Ingeborg Hegemann Clark made a motion to approve the minutes of April 6, 2010 as drafted and amended. Becky Mattison seconded the motion and it was passed unanimously.
Pedestrian Walkway Committee
Tori Fletcher, a representative of the Pedestrian Walkway Subcommittee, requested a brief meeting with the Commission. This is a subcommittee of the Planning Board and was formed in response to the Master Plan Committee’s interest in forming a pedestrian connection between the business and recreational districts in town. Fletcher requested a brief meeting with the Commission to discuss the Phase I/Early Action Plan. The subcommittee is looking for guidance from the Commission as to what level of documentation they might need to submit to the Stow Conservation Commission for its review. Specific areas of concern are those that cross wetlands (Elizabeth Brook) or within the buffer zone of wetland resources.
The subcommittee hopes to build three sections of walkways to fill in gaps that exist between the Lower Village and the town’s recreational fields. There are three gaps: one in the town center, one between Harvard Road and Hudson Road, and one from Bose to the Applefield farm area.
Fletcher hopes they will be able to simply fill in gaps in the walkway. The proposed walkways, as much as possible, will be constructed of a soft surface material. Thought must be given to whether the path would be open to bicycles.
According to GIS maps the first segment of sidewalk in the Lower Village area will not involve wetlands. The second section, from Harvard to Hudson Road will involve crossing the Elizabeth Brook on the existing bridge. The segment from Bose to Applefield Farm does not show wetlands.
Fletcher was wondering if the committee needed to complete full-scale wetland delineation and submit a complete NOI for the project. Fletcher voiced concerned over the committee’s limited funding. The Commission thought they would require, at minimum, a Request for Determination of Applicability in order to determine if any impacts would occur to the wetlands.
Notice of Intent
62 South Acton Road (R-21 #42-2)
At 7:45 PM, David Coppes opened the public hearing for a Notice of Intent filed by Maria Giovino and Shawn Doherty proposing an addition to the existing single family home and relocation of the driveway. Wetlands are located to the north and east of the existing house and are well defined by the topography of the lot. All proposed construction is offset greater than 35 feet from the wetlands. Site photographs and soil profile descriptions have been submitted. Wetland flags and locations are identified on the plan. The wetlands are located at the toe of a slope, which is dominated by Eastern White Pine and areas of Japanese Knotweed. Soil auger samples were used to verify the placement of the flags.
Mark Donohoe of Acton Survey & Engineering presented the plans. He claimed that the soil is sand and gravel, very flat area and erosion should not be a problem. Recharge trenches are proposed for the edge of the driveway. Doug Moffat conducted the site visit and agreed with the wetland line. Moffat noted that the lot is tight and work will be conducted up to the 35 foot No Disturb line. Japanese Knotweed will be removed mechanically. Donohoe confirmed that the excavation for the basement would be done from within the new foundation.
Doug Moffat made a motion to close the public hearing for a Notice of Intent filed for proposed work at 62 South Acton Road. Becky Mattison seconded the motion and it was passed unanimously.
Doug Moffat made a motion to approve the Findings and Special Conditions drafted and issue the Order of Conditions for proposed work at 62 South Acton Road. Ingeborg Hegemann Clark seconded the motion and it was passed unanimously.
Notice of Intent
Athens Street & Goshen Lane (R-2 #4 & 5)
At 8:00 PM, David Coppes opened the public hearing for a Notice of Intent filed by Robert Quirk in response to an Enforcement Order issued in 2009 by the Commission for work previously done without a permit. The applicant is seeking to obtain approval for work conducted as well as additional restoration work proposed in areas subject to protection. The work includes construction and maintenance of portions of the access road within the 100 foot buffer zone of Border Vegetated Wetland (BVW), the stabilization of barren soils in the buffer zone of BVW and Bordering Land Subject to Flooding, the removal of fill from BVW, the restoration of altered areas, and the addition of several drainage improvement structures. David Coppes and Kathy Sferra reviewed the Notice of Intent application on behalf of the Commission.
Dr. Jerome Carr of Carr Research Laboratory, Inc. represented the applicant and provided testimony on how areas of disturbance would be restored.
Area 1: This area in the southeastern section of the site is located behind the partially constructed barn with a stone façade. Part of the constructed access road occurs within the 100-foot buffer zone of BVW lying downgradient of the road. The Commission, in the initial site visit, expressed concerns about the work in the buffer zone and that there was another wetland area upgradient of the road which was connected to the downgradient BVW by a streambed or drainage path. Dr. Carr stated that the upgradient area does not qualify as a BVW and is not connected to the downgradient BVW. No restoration work in this area is currently being proposed. The delineation for the wetland is the same as five years ago stated Carr. The Commission stated that Carr’s professional judgment would need
to be supported by soils data sheets since the area appears to be a wetland jurisdictional area. The Commission questioned whether the roadway that was built along the property in order to maintain the fence could be returned to its natural state. One of Quirk’s employees stated that the road would never be used because it is almost always wet and muddy. The Commission noted that the road should be removed if there was not intention of using it.
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Area 2: The project description states that there is a section of barren soils above the edge of the pond that is in buffer zone to the BVW and Bordering Land Subject to Flooding (BLSF). This section of the property involves a steep embankment. Dr. Carr proposed stabilization using an ero-mat or approved equal and planting of an erosion control seed mix. He added that the barren, flat area at the top of the hill would have erosion control structures installed to keep water and sediment from flowing down the steep embankment.
The Commissions remembered that there were wetland flags in this area . However the line was missing flags and the Commission found the missing flags were covered with material. The line would need to be reestablished. The Commission said they’d like to see a definitive line established that would alert trucks so that they would not dump beyond the specified line. A fence or boulders were suggested as a form of marker since a line of hay bales has not proven to be enough of a deterrent. (This also applies in Area 3.) The Commission concluded that it’s time to do more than stabilize the slope. They feel that it’s time to clearly send the message, “Don’t fill the wetlands.” The Commission described this area as a section where some filling was done, a substantial amount of restoration had been
done and then more dumping/erosion occurred.
Area 3: Dr. Carr explained that a gravel drive is proposed within the buffer zone of BVW in the area of the existing access road. The BVW have been previously filled with excavated material. Dr. Carr stated that all fill will be removed from the BVW and adjacent slope and shall be stockpiled a distance greater than fifty feet away from the wetland border. The slope will be re-graded and again stabilized using ero-mat and planted with an erosion control seed mix. The disturbed wetland areas shall be seeded with a New England Wetland Seed Mix.
The Commission questioned the slopes and contours on the plans. The Commission stated that they will require a definitive line of boulders in this area also, closely placed, or a fence to eliminate further dumping..
Area 4: Dr. Carr explained that this is an area that contains existing access roads within the buffer zone of BVW. There are a number of proposed actions in the area to prevent further erosion and sediment from being deposited into the adjacent BVW. The proposal includes two gravel driveways, drainage basin, riprap spillway, riprap drainage swale, an additional drainage swale and regrading within the buffer zone of BVW. All sediment between the existing access road and BVW will be removed and replaced with six-inch loam and re-seeded using a New England Conservation/Wildlife seed mix. Dr. Carr believes the drainage structures and regrading will prevent any further sedimentation to the BVW.
The Commission explained to Carr that typically, in cases of new subdivisions, they’d get a maintenance requirement on a project similar to this. The Commission questioned the feasibility of the drainage plan. Will it work? They did not want to require drainage calculations because this is not a full-blown drainage system. However, the Commission would like some guarantee that this drainage plan will work. It is clearly a case where serious erosion could occur. Runoff that was not there prior is now apparent. The Commission would like some input from the engineers on this area during the upcoming site visit.
The Commission perceived Dr. Carr’s plan for this area as a paved waterway, with the potential of rapidly flowing water, which would flow down and be diverted into the basin. The water would come down hit the heightened ridge and, presumably go into the rip rap swale. The type and size of rock in the swale should be specified. Trenching across the road was devised by using a soil cut of three inches and putting three inches back on the other side.. The Commission felt they would need more specific detail before this phase of the project could move forward.
Area 5: The paved driveway of Athens Street from Hudson Road is the final area to be addressed. The previously existing gravel driveway and culvert has been the subject of an earlier Enforcement Order from the Commission which was resolved by the client filing an after-the-fact Notice of Intent, and the Commission issuing an Order of Conditions with which Quirk complied. Since then numerous new potholes have evolved in the access way. The client filled an area of potholes with loose chunks of bituminous concrete that was then compacted. The applicant is seeking an after the fact approval for this previously completed work. The Commission voiced concern over the fill material used in the potholes. Dr. Carr also could not name the individuals or firm that completed the regrading work. The Commission would like to look at the material used in
filling the potholes in their upcoming site visit.
Richard and Donna Bonczek, 217 Hudson Road, were present and stated that they have lived in their location for 30 years and questioned the ownership of Athens Lane. The Commission replied that they requested that information in a previous filing and has not received a definitive answer. Bonczek’s state that they have an old map that shows Athens Street as a county way.
Franck Vernooy, President of Anver Corp., purchased Parcel 3, which abuts Quirk’s property and includes ownership of a portion of Athens Street. He showed his parcel on the map, 37 acres of land. They own a small portion of that that goes up the lane to the gate connecting to an old road. Anver has not yet utilized the land in any way. His understanding that there is a right-of-way because that is the access to other properties such as the saw mill. He claimed to see quite a bit of activity coming in and out of the property. He stated that the land is zoned industrial and his company may, someday, build a plant there. Vernooy was not certain of legal rights regarding the right of way.
Donna Bonczek mentioned that when they bought their house, Athens Street used to connect through to Maple Street and they used to be able to walk through. She mentioned that they can’t now because Quirk put up a fence. Her question regarded the road that goes along side the fence to Bose. When Quirk cut in a road from her house she could walk 15-20 feet from the fence right out to Bose. However, once they cut that road, every time it rains there’s so much silt on the path that “it’s like walking in quicksand.” Mrs. Bonczek offered to have her husband walk with the Commissioners when they come out for the site visit. The Commission told her that they found a similar problem in Area 4 but in that case silt is heading toward a wetland so they have jurisdiction. The Commission told her that the problem
she’s referring to is located east of Area One. They told her that, in that area there are no designated wetlands and they don’t have jurisdiction over that problem.
She also voiced concern over what is actually being dumped in the area. She mentioned the fact that people with homes in that area are concerned about their wells. The Commission pointed out to the Board of Health that on a prior site visit they found trash at the bottom of a trench and all sorts of refuse. The Enforcement Order, site report and photos had been submitted to the Board of Health.
The Commission agreed to meet on Sunday, May 2, 2010 at 9:00 AM for a site meeting at Athens Street. Dr. Carr agreed to be at the site meeting and to alert Mr. Quirk so that he could be in attendance. The public hearing will be continued to May 18th to facilitate the site meeting.
Doug Moffat made a motion to continue the public hearing for a Notice of Intent filed for proposed restoration work at Athens and Goshen Lane to May 18, 2010 at a time to be determined.. Becky Mattison seconded the motion and it was passed unanimously.
Notice of Intent
Parcel K Randall Road (R-11 #37B)
At 8:45 PM David Coppes opened the continued public hearing for a Notice of Intent for a project at Parcel K Randall Road. No testimony was given. Coppes stated that the applicant’s representative, Scott Hayes of FORESITE Engineering, has requested a continuance to May 18, 2010 to prepare revised plans for the proposed construction of a wetland driveway crossing and installation of electric, telephone and cable utilities for the purpose of accessing the southern uplands of the site for construction of a single-family dwelling.
Doug Moffat made a motion to continue the public hearing for a Notice of Intent filed for proposed work at Parcel K Randall Road to May 18, 2010. Ingeborg Hegemann Clark seconded the motion and it was passed unanimously.
Notice of Intent
Kirkland Drive Pond (R-5 #8,9,10,11,12,13,16)
At 8:46 PM David Coppes opened the public hearing for a Notice of Intent filed by residents residing along the pond proposing herbicide/algaecide treatments to rid the pond of millweed. Aquatic Control Technology, Inc. submitted the Notice of Intent with an Aquatic Management Program for the pond, which included chemical treatment and best management practices. Presentation of the management program had been presented in detail at the prior meeting on April 6, 2010. The outstanding issue open for discussion was the proper way to record an Order where multiple properties were involved.
The Commission was working to verify the proper way to record the order. Town Council had not responded to the Commission’s inquiry. The suggestion from the Circuit Rider at the Department of Environmental Protection stated that all 5 proponents sign and have the Order recorded against their property. Brent Midwood, 32 Kirkland Drive, stood and clarified that they are not proponents of the project and would not want the Order recorded against their property. The Commission acknowledged that request. The Commission addressed Corina Marshall of 54 Kirkland Drive, who represented the pond owners, and told her that signatures will need to be gathered as soon as possible as part of the Notice of Intent.
Ingeborg Hegemann Clark made a motion to close the public hearing for a Notice of Intent filed for proposed pond management at the Kirkland Drive pond. Doug Moffat seconded the motion and it was passed unanimously.
Becky Mattison made a motion to approve the Findings and Special Conditions drafted and amended and issue the Order of Conditions for the Aquatic Management Program proposed for Kirkland Drive pond. Doug Moffat seconded the motion and it was passed unanimously.
Open Space Derby Woods
Trail Network/10 Sylvan Lane
The office received a request from the owners at 10 Sylvan Drive concerning the location of the proposed hiking trail through the open space. The request was to move the trail further back from their property line since the trail would be at the edge of the property in a grassed area that could intrude on their privacy and safety of their children. Pat Perry conducted a site inspection on Tuesday, April 12th and agreed with the property owners. The project manager for the development has held up any work on that portion of the trail until Perry gives permission to move the trail back 20 feet in the buffer zone that would cause no impact to the wetland. Planning Board agreed to the minor change in the location of the trail. Deadline for completion of the work is May 4th. The Commission had no objections to
moving the trail back 20 feet.
Deerfield Lane/Drainage Issues
The property owner on lot 39-4 reported that he is getting water in his basement from the drainage easement at the back of his property. Mike Clayton, Highway Dept., called to report that they will be extending the pipe to alleviate the problem. No digging is proposed. The Commission had no objections to the maintenance work proposed by the Highway Department.
Enforcement/55 Pine Point Road
A site plan and description to stabilize the property has been submitted for the Commission’s review. The Commission agreed the plans and description appear to address the issues of concern. Site inspections will continue to ensure compliance.
Warrant Articles
Lake Boon Water Quality Remediation: support
Town Land Gift to First Parish Church: support
Open Space Conservation Restriction/Corzine Parcel: support CPC’s original proposal
South Acton Road Land Purchase: not supportive without specific details for the scope of work
Zoning Bylaw Amendment/Flood Plain/Wetland Overlay District: support
Encroachment on Red Acre Woodland
Pat Perry received a letter from the Stow Conservation Trust regarding encroachment on Red Acre Woodland by property owners at 67 Elm Ridge Road. This included stockpiles of manure, a fire pit, a canoe, etc. The Commission holds the conservation restriction with the Trust.
Pat Perry advised Carol Gumbart, SCT Director, to keep her abreast of developments. If there is no resolution, the Commission may need to apply pressure.
Vernal Pool at Derby Woods
Connie Schwartzkopf has been in contact with Pat Perry and Planning Board regarding drainage from Derby Woods and its affect on a vernal pool in the open space portion of the development.
The Commission questioned whether it was a certified vernal pool. Perry stated that it was regulated as a vernal pool when Derby Woods was developed. Her property was flooded during the heavy rain in March. The Highway Department visited her property and cleaned the culvert. The Commission believes that the stormwater management system at Derby Woods is functioning adequately and is frequently inspected by Planning Board’s consulting engineer.
Collings Proposed Access Road
The Commission has been copied on a plan submitted to Planning Board regarding an access road proposed by Bob Collings to alleviate traffic congestion during special events on his property located on Barton Road. A small portion of the road is in the buffer zone. The Commission noted that Mr. Collings might have to file a Notice of Intent if he is proposing to upgrade the portion of the road in the buffer zone or a Request for Determination of Applicability.
Adjournment
Becky Mattison made a motion to adjourn the meeting at 9:50 PM. Ingeborg Hegemann Clark seconded the motion and it was passed unanimously.
The Commission adjourned at 9:50 PM.
Respectfully submitted,
Patricia R. Perry
SCC Coordinator
Maureen Trunfio
SCC Secretary
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