Stow Conservation Commission
Minutes
July 6, 2010
A meeting of the Stow Conservation Commission was held at the Stow Town Building, 380 Great Road, Stow, Massachusetts, on July 6, 2010 at 7:30 in the evening.
There were present: David Coppes
Helen Castles
Ingeborg Hegemann Clark
Kathy Sferra
Doug Moffat (arrived at 7:45 PM)
Absent: Rebecca Mattison
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.
A brief discussion regarding the installation of docks off rights of way at Lake Boon and whether a full Notice of Intent would be required for the installation of four piers to support a 3’ x 16’ dock. There was some discussion regarding recording of the Order of Conditions especially when the owner of the property was opposed to the project. Further discussion was tabled for another meeting.
Request for Determination of Applicability
150 Barton Road (U-2 #13)
At 7:35 PM David Coppes opened the public hearing seeking to obtain approval to construct a
16 x 26 foot garage that will replace an existing garage. The homeowner, Lee McNeil, presented the plan. The entire lot is within the buffer zone because the property is 90-feet deep. The soils on the property are fine sandy loam. The property is relatively flat and slopes very gently away from the lake.
The original garage is very old and in poor condition and McNeil would like to build a new wooden garage. He is requesting permission to build the new garage slightly larger on approximately the same footprint. He plans to install a concrete foundation and floor. The current dirt floor is ripped up due to a problematic tree root system.
There is one tree that McNeil believes will need to be removed. The tree has some problems at present; a split trunk and dead limbs at the top. One branch of the split trunk is growing directly over the garage and that is another concern. McNeil mentioned that 30-40% of the root structure would be disturbed with the foundation work. The Commission felt the removal of that specific tree was a reasonable request and should be permitted.
McNeil has proposed putting a silt fence on one side of the project in an area where any excavation material may fall. Stockpiling of excavated material did not appear to be a problem. It was assumed by the Commission that there will not be very much material and what is removed will be stored on the existing driveway. The existing well and septic system will not be disturbed. Those facilities were newly installed in 1998, when McNeil purchased the property.
Kathy Sferra made a motion to close the public hearing for a Request for Determination of Applicability filed for proposed work at 150 Barton Road. Helen Castles seconded the motion and it was passed. Doug Moffat abstained from the vote.
Kathy Sferra made a motion to issue a negative Determination for proposed work 150 Barton Road contingent upon the tree being removed, silt fence installed and soil stockpiled so that it would not pose a risk to the wetland resource. Ingeborg Hegemann Clark seconded the motion and it was passed. Doug Moffat abstained from the vote.
Amendment to Order of Conditions (#299-0513)
56 Pine Point Road
At 7:45 PM David Coppes opened the public hearing seeking to amend an existing Order issued on February 2, 2010 allowing for investigative work on an existing seawall to determine if the seawall should be repaired or replaced. The Commission specified that the Phase I report be submitted prior to any work on the seawall to determine if a full Notice of Intent would be required or if submittal of a request for an amendment to the existing Order would suffice. Steve Poole, Lakeview Engineering, represented the homeowners, Bruce Gumbert and Linda DiGregorio. Poole presented a slight modification to the repair proposed by CabCo.
The Commission approved repair of the wall. The wooden cap that is on the wall had rotted and instead of replacing the cap with wood as originally proposed, Poole would like to replace the rotted wood cap with a concrete cap. That will act to better protect the soil behind the wall. A connected concrete sidewalk is another new proposal. A sidewalk would allow better access around that area and act as a stable anchor for the dock. Silt fence will be installed and the dewatering will be directed to the existing haybale dewatering basin still in place from Phase I of the project.
Kathy Sferra made a motion to close the hearing for a request to Amend Order of Conditions File No. 299-0513 for work to repair the seawall at 56 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 amended and issue an Amended Order of Conditions File No. 299-0513 for seawall repair at 56 Pine Point Road. Helen Castles seconded the motion and it was passed unanimously.
Certificate of Compliance
Lot 3 Cider Mill Road
John Anderson, Box Mill Realty LLC, has requested a Certificate of Compliance for work completed on a new home. The home was built outside the buffer zone Anderson needed permission to do grading and yard work.
Pat Perry 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 as-built plan has been submitted. The Commission agreed that the work was acceptable and agreed to grant the Certificate of Compliance.
Ingeborg Hegemann Clark made a motion to issue the Certificate Of Compliance for work satisfactorily completed at Lot 3 Cider Mill Road in compliance with Order of Conditions File No. 299-0414. Kathy Sferra seconded the motion and it was passed unanimously.
Certificate of Compliance
Lot 2 Cider Mill Road
John Anderson, Box Mill Realty LLC, has requested a Certificate of Compliance for work completed on a new home. The home was built in the buffer zone. Anderson also needed permission to do grading and yard work.
Pat Perry 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 as-built plan has been submitted. The Commission agreed that the work was acceptable and agreed to grant the Certificate of Compliance.
Kathy Sferra made a motion to issue the Certificate Of Compliance for work satisfactorily completed at Lot 2 Cider Mill Road in compliance with Order of Conditions File No. 299-0415. Ingeborg Hegemann Clark seconded the motion and it was passed unanimously.
Notice of Intent
72 Pine Point Road
At 8:15 PM David Coppes opened the public hearing without testimony for 72 Pine Point Road. Due to the holiday on July 5th, abutters were not provided with the sufficient notice of the public hearing date. As such, the engineer for the project is requesting the Commission open the hearing without testimony and continue to the next available date.
Kathy Sferra made a motion to continue the public hearing for a Notice of Intent filed for 72 Pine Point Road to July 20, 2010 at a time to be determined. Helen Castles seconded the motion and it was passed unanimously.
Notice of Intent
60 Pine Point Road
At 8:20 PM David Coppes opened the public hearing without testimony for 60 Pine Point Road. Due to the holiday on July 5th, abutters were not provided with the sufficient notice of the public hearing date. As such, the engineer for the project is requesting the Commission open the hearing without testimony and continue to the next available date.
Kathy Sferra made a motion to continue the public hearing for a Notice of Intent filed for 60 Pine Point Road to July 20, 2010 at a time to be determined. Ingeborg Hegemann Clark seconded the motion and it was passed unanimously.
Center School Renovation
Request to Amend Order of Conditions
Ingeborg Hegemann informed the Commission that Jamie Warren of Symmes, Maini, McKee and Associates (SMMA), architects for the project, contacted her regarding a mistake in surveying the wetland line and that due to the dense brush and thick vegetation in the area, their surveyor did not get a good line for a reading. Ingeborg Hegemann Clark felt that their calculations were figured incorrectly and the error wasn’t noticed until the contractors were out staking the area in order to install erosion control measures. On July 6, just prior to the Conservation Commission meeting, Hegemann Clark visited
the site with Terry Gensel, Senior Wetland Scientist and the environmental consultant for the project. The area is old fill and it’s dense with honeysuckle stated Hegemann Clark. The wetland is a very facultative community, the over story is red maple, white ash is the dominant herbaceous and that’s a FACU species. They found that if built where it was proposed, the new building would be ½ foot from the wetland flag. If left unchanged, the fire road would be built in the wetland area.
Hegemann Clark explained that the plan shows that there’s a lot of fill in that location. She stated that SMMA will try to adjust the grade to see if they can reduce the fill. There is the requirement of sufficient legal notice if SMMA wants to present at the Commission’s July 20th meeting. Pat Perry stated she requested a brief description of plans from SMMA so that she would be able to publish the legal notice for the public hearing by July 7th, which will satisfy State public notification requirements.
Hegemann Clark stated that SMMA is not certain whether they’d rather meet informally or submit an actual request for amendment at the Commission’s July 20th meeting. The Commission stated that a formal request would be necessary.
The Commission wants to be sure that it is made clear that this is a very unique case and that it’s not a simple case that whenever mistakes are made, wetlands can simply be filled and then replicated. Hegemann Clark told SMMA that they will be responsible for presenting a valid case and will have to attempt to minimize the impact on the wetland. They will be required to come in with the regular sequence of “avoid, minimize and mitigate”. Ideas mentioned were invasive species management and the idea that if they can remove mature shrubs and replace with nicer shrubs while the landscaping is going on. The ditch area might potentially be excavated out and an attempt made to establish a vernal
pool.
Adjournment
Kathy Sferra made a motion to adjourn the meeting. Doug Moffat seconded the motion and it was passed unanimously.
The Commission adjourned at 8:30 PM.
Respectfully submitted,
Patricia R. Perry
SCC Coordinator
Maureen Trunfio
SCC Secretary
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