Stow Conservation Commission
Minutes
December 7, 2010
A meeting of the Stow Conservation Commission was held at the Stow Town Hall,
380 Great Road, Stow, Massachusetts, on December 7, 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
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.
November 16, 2010 Minutes
David Coppes made a motion to approve the minutes of November 16, 2010 as drafted and amended. Kathy Sferra seconded the motion and it was passed unanimously.
Certificate of Compliance
60 Pine Point Road (#299-0523)
The project included the reconstruction of the existing retaining wall and stabilization of the slope to provide soil containment/erosion control and protect the slope from wave action that previously undermined the existing wall. David Coppes conducted the site inspection and found the project in compliance with orders that were issued. He recommended the Commission approve the Certificate of Compliance.
David Coppes made a motion to approve and issue a Certificate of Compliance for Order of Conditions File No. 299-0523 for work satisfactorily completed at 60 Pine Point Road. Doug Moffat seconded the motion and it was passed unanimously.
Certificate of Compliance
109 Barton Road (#299-0454)
At the request of the Conservation Commission the applicant has submitted driveway elevations to ensure that an appropriate amount of compensatory flood storage was provided. Ingeborg Hegemann Clark and David Coppes reviewed the submittal. Some clarification on plans was required from William Conley, the homeowner. Hegemann Clark recommended the Commission approve the Certificate of Compliance.
David Coppes made a motion to approve and issue a Certificate of Compliance for Order of Conditions File No. 299-0454 for work satisfactorily completed at 109 Barton Road. Ingeborg Hegemann Clark seconded the motion and it was passed. Kathy Sferra was not present for the vote.
Arbor Glen Trail Easement
The Planning Board and Pulte had a disagreement regarding the public trail easement along Heather Lane. An easement document has been drafted including comments from Jon Witten, which will have to be accepted by Town Meeting unless the access easement is being donated to the Conservation Commission. Pat Perry volunteered to speak with Planning Board for more clarification.
Conservation Restriction/Deerfield Lane
Pat Perry suggested the Commission schedule a time to amend the CR to allow installation of a public well and submit to EOEEA. Kathy has been advising Bill Wrigley on the steps involved to have the CR amended. The Commission will postpone any action to a future meeting in 2011.
Agriculture Licenses
Pat Perry requested approval from the Commission to contact Jon Witten regarding the agriculture licenses for Tuttle Lane and Parcel B Arbor Glen. The Commission unanimously agreed to grant permission.
Notice of Intent (#299-0530)
West Acton Road/Highgrove Estates
At 7:45 PM Rebecca Mattison opened the public hearing for a Notice of Intent filed for a proposed subdivision, Highgrove Estates, off West Acton Road. The applicants are proposing a 5-lot subdivision with a common driveway, plus three additional lots adjacent to Stow in the Town of Acton. The proposed work will include construction of single-family dwellings, associated clearing, grading, utilities and drainage system with the driveway requiring two wetland crossings. At the time of the ANRAD filing (10/09/07), the bank associated with the intermittent stream at the base of the hill in Acton was not delineated or confirmed within the edge of wetlands on each side. A bank delineation detail of Crossing One has been submitted to the Commission for review. A Vernal Pool Study has been completed by David Crossman of B&C
Associates, Inc. for three potential vernal pools designated on the site plan.
Richard Harrington, an engineer from Stamski & McNary Inc. (S&M), presented the project. Stamski & McNary also filed with Planning Board (PB) and is scheduled to meet with them on January 18, 2011. This project was originally proposed on a much larger scale. The originally proposed subdivision was denied by PB. Harrington preferred to open proceedings with the Conservation Commission first, attend a site walk with the Commission to verify the new delineations prior to any snowfall, and then meet with the Commission again after he has presented to PB in January.
The subdivision will contain 5 lots in Stow, named Lots 1-5, and three lots in the Town of Acton. Harrington posted a plan that illustrated that Lots 1-5 will share a common driveway from West Acton Road. This will not be built as a town road and will not be maintained by the Town of Stow. Plans showed four hammerhead lots and one conventional lot. A storm water plan and drainage calculations were submitted to PB and the Stow Conservation Commission. According to Harrington, there is a large wetland area in the middle of the site. Water collects, overtops and runs down to an intermittent stream that flows down to Heath Hen Meadow and eventually into the watershed. The long, circular driveway would have two wetland crossings. The first crossing would consist of a wide culvert that channeled two streams into one. The second crossing
would be constructed as a concrete box to allow for a natural channel. There would be replication and erosion and sedimentation control plans are completed. The Commission reminded Harrington that a waiver request for work in the 35 foot No Disturb Buffer would only be approved if in the opinion of the Commission such action were in the public interest and is consistent with the intent and purpose of the Bylaw.
There are three vernal pools that were documented by B&C Associates Inc. of Hudson, MA and submitted. Harrington says no construction shall occur near the vernal pools. All water from driveways would be directed away from vernal pool areas. The Commission questioned whether a vernal pool study has been completed on the upper, back parcel of land. The Commission was concerned also because it appeared that much of the vernal pool buffer zones were on one of the lots in Acton. The Commission questioned whether there was enough room on the hammerhead lots for Open Space.
In the upper back area behind the lots, no work would occur in the wetlands. Septics would be placed in the front part of the lots and wells would be located in the back. The Commission was concerned with wells that appeared on plans to be placed very close to the wetland line. The Commission said they would further explore the property in the upper back area of the hill, as it seems to have a high wildlife value. The Commission suggested granite markers on smaller lots to prevent intrusion into the buffer.
The Commission informed Harrington that they would want to see educational information distributed to new homeowners regarding restrictions on their property relating to surrounding wetlands. For example, the Commission would like to prevent residents from cutting trees, as this would greatly affect drainage on the hillside. Harrington said they have implemented similar educational efforts in the past. For example, they have installed markers that help residents recognize wetland areas. The Commission requested that Harrington make the Town of Acton aware of this as well. Harrington added that there would be a deed restriction that prevents lots from being subdivided.
The Commission questioned whether Stow Police and Fire would reconsider their demand for a public access point from West Acton Road now that there are fewer homes proposed. Harrington said he would raise that idea at the PB meeting in January.
The Commission asked Harrington to be sure to show lots in their entirety on plans. Lot 2, in particular, was concerning. Harrington explained that these plans were drawn mainly to illustrate driveways. The Commission stated that if S&M is filing for lots, they should be completely shown so that any discrepancies can be addressed. The Commission reminded Harrington that public benefit must be demonstrated, which, at this point, has not been shown. Harrington said the fact that the strip of land to the rear of the houses will be left undisturbed for wildlife might possibly be considered public benefit. The Commission indicated an interest in protecting the rear of
Lots A& B in Stow.
The public was allowed time to speak and many comments were addressed.
Ellen Sturgis, 12 Canterbury Lane, took exception to S&M’s statement that water from the hill presently runs down to a drainage “scheme” at the street and is handled underground. She said that water runs over West Acton Road and flows onto her street. Canterbury is a dirt road (not gravel) and during the heavy rains of last spring was “a mess.” She also mentioned that Canterbury is a private road. The new road proposed would also be a private road and if it is not maintained properly will contribute to great problems on Canterbury. She maintains that any cutting of trees on that hillside will drastically affect drainage.
Jayne Merrick, 274 West Acton Road, seconded what Sturgis stated. She added that they get a tremendous amount of water on their road that generally puddles and doesn’t flow in the direction it’s supposed to, as presented by S&M. Ruts in the side of the road, she added, are clear evidence of that fact.
Jon French, 310 West Acton Road, commented, “This land has been attacked for development four times already and this is the fifth from the time period 1972-2010.” He felt if was rejected that many times already, there was an obvious problem with it being developed. He stated, “It’s apparent that drainage would be an issue.”
Teri Quirk, 337 West Acton Road, stated that water comes down Canterbury and right into her yard.
Jim Donahue, 7 Canterbury, said that he lives one house down from French and regardless of what the plans say, the water does not flow through the culvert, but instead goes right through the middle of French’s yard and through his own back yard and then into the wetland.
Shawn King, 280 West Acton Road, questioned the order of presentation of the project to the town. Pat Perry explained that because of the need to review the wetland line, S&M came into the Commission first and will then present to PB on January 18, 2011. She also stated that PB requested comments from the Conservation Commission regarding this project by
January 10, 2011. The Commission Chair reminded the audience that the Commission’s jurisdiction only pertains to wetlands.
The Commission decided that they should possibly submit their comments to the Acton Conservation Commission or at very least reach out to them in an effort to work together on this project. The Commission scheduled a site walk of the property for December 12, 2010 at 8:30 am. Harrington said a representative from S&M would participate.
David Coppes made a motion to continue the public hearing regarding Highgrove Estates to February 15, 2011 at 7:30 pm or later. Helen Castles seconded the motioned and it was passed unanimously.
Request to Amend OOC #299-0476
Taylor Road Subdivision (Habitech)
At 8:45 PM Rebecca Mattison opened the public hearing for a Notice of Intent filed for an Amendment to Order of Conditions File No. 299-0476, the proposal includes a minor project design change consisting of elimination of the currently proposed 12” RCP drain located adjacent to lot 5, and alternatively installing a catch basin and drain pipe system which would direct storm water runoff across Taylor Road into a level spreader located upgradient of wetland flags #5-03 and #6-03.
Jon Tilton of Hayes Engineering presented to the Commission on behalf of Habitech. Tilton was informed just prior to the meeting that he would need to receive permission from the Division of Conservation & Recreation (DCR) and, therefore, work would be delayed. The Commission informed Tilton that he would need to resolve the issue with DCR before they could issue a decision.
Kathy Sferra made a motion to continue the public hearing regarding an Amendment to Order of Conditions at Habitech’s Taylor Road subdivision to December 21, 2010 at 7:30 pm or later.
David Coppes seconded the motioned and it was passed unanimously.
Order of Conditions (#299-490)
Lake Boon Lake Level Drawdown
The Commission is required to issue an Order of Conditions under the Town of Stow Wetland Protection Bylaw for the proposed 7-year drawdown of Lake Boon for the reduction of weeks as part of the Lake Management Plan at this evening’s meeting. Prior to the meeting
David Coppes had started a draft decision. Becky Mattison, Chair, reminded the audience that the Commission would not be taking testimony. The Commission discussed issues raised by abutters at the public meeting on December 7, 2010 as well as some of their own concerns.
Ingeborg Hegemann Clark was concerned with the allotted $10K for use in the case of shallow wells going dry during the drawdown. She presented several possible scenarios regarding a number of houses going dry simultaneously and, in the end, was not certain that the money allotted would be sufficient.
David Coppes made a motion to issue the Orders of Conditions/Town of Stow Wetland Protection Bylaw for the Lake Boon Drawdown as drafted and amended. Doug Moffat seconded the motion and it passed. Ingeborg Hegemann Clark voted Nay and Helen Castles abstained from the vote.
There was some discussion about removing the board at the dam, as is usually done for the winter season. Residents have voiced their concern regarding possible damage to their docks. Pat Perry stated that, at present, according to DEP, no one is to remove the board until litigation has been settled. The Commission stated its opinion that this needs to be done, regardless and independent of drawdown issues. Ingeborg Hegemann Clark offered to raise the issue with Joe Bellino of DEP.
Janet Stiles, 58 Pine Point Road, commented that in December residents generally want the boards removed to prevent damage to their docks. She said her opinion was that Conray Wharff should reach out to DEP and request permission to remove the boards.
Conray Wharff, Chair of the Lake Boon Commission and resident of 15 Gately Lane, Hudson, MA, responded to Stiles by stating that Joe Bellino of DEP clearly stated that anyone who touches the boards while there’s still an appeal in litigation, would be fined.
Richard Bleau, 70 Pine Point Road, stood and stated that he wanted to be absolutely clear that no one on the Lake Boon Groundwater Protection Team (LBGPT) was against the boards being removed for annual, winter water level maintenance.
Request for Site Walk (#299-0460)
Department of Fire Services, 664 Sudbury Road
Pat Perry reported to the Commission that Sandra A. Brock, PE, LEED AP BD + C , Chief Engineer at Nitsch Engineering, called the office to request that the Commission walk the Firefighting Academy site with her. ~The project is substantially complete although there will be additional site work needed next spring (top coarse of paving). The intent of this site walk is to allow the
Conservation Commission to see the project now that it is substantially complete but before construction is completely finished stated Perry. The Order of Conditions was issued on February 20, 2007. Perry stated that Brock would like to request an extension until the end of 2011. The Order was in existence during the tolling period of the Permit Extension Act.
Perry noted that Brock said she understood that the site visit would need to occur on a weekend day and said that the Department of Fire Service would have someone on site for the walk. There are areas of the site that are restricted by fence. The Commission agreed tentatively to schedule the site inspection for Sunday, December 19, 2010 at Noon. Pat Perry will coordinate with Brock to arrange that a DFS employee is present for the site walk.
FY2010 Budget Proposal
Expenses have been level funded as requested by the Town Administrator with adjustments in line items for projected expenses. Salaries have been increased by 1% as instructed in our budget memo and Maureen Trunfio, Secretary, will be getting a step increase to level 3 on 9/1/11. (2.21% increase in salaries) Pat Perry has not included a request for additional funds to be appropriated at town meeting for the conservation fund. (Carry over balance $66,023.82 + appropriations of $1,737.50 + interest income of $517 as of 9/30/10 less expenditures of $16,050 so far this year = $51,762.32. This figure does not show current year revenues.
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Kathy Sferra made a motion to approve the FY2012 Budget as prepared by Pat Perry to be presented to Bill Wrigley, Town Administrator, and reviewed by the Conservation Commission. David Coppes seconded the motion and it was passed unanimously.
Derby Woods Open Space Trail
Representatives of the Conservation Commission and Planning Board inspected the proposed trail on September 9, 2010 and Ingeborg Hegemann Clark and Doug Moffat conducted another inspection. It was the consensus on September 9th that the trail was not adequate for pedestrian and equestrian use. At the October 19th joint meeting it was agreed that the Commission would provide general standards and then both boards would conduct a site walk through the current trail with Habitech to discuss an alternative path and appropriate construction. If the Commission does not think it necessary for another site walk, the Planning Board would like to see a recommendation from the Commission.
It was suggested by the Commission that split rail fences be installed in the area where potential drop offs could occur near the first basin. Ingeborg Hegemann Clark mentioned one area where it felt that the trail was a bit too close to homeowners’ property lines. She reported that the trail felt as if it narrowed and ran through someone’s backyard, and then picked up again as an appropriate, wide trail. Doug Moffat was concerned with an area where it appeared homeowners’ may have been stacking logs and planting in an area that is supposed to serve as open space.
The Commission agreed that it is difficult to address this issue without a proper plan. Pat Perry will schedule time for this item on the December 21, 2010 agenda.
Notice of Foreclosure Sale
Boxboro Road (R-7 #35B-4, R18 #22B-2A & 23B-3A)
The Town has been given notice of a foreclosure sale (auction) for property on Boxboro Road in Chapter 61A. Right of first refusal does not come into play here since there was no bonafide offer.
Adjournment
Kathy Sferra made a motion to adjourn the meeting at 10:40 PM. Helen Castles seconded the motion and it was passed unanimously.
The Commission adjourned at 10:40 PM.
Respectfully submitted,
Patricia R. Perry
SCC Coordinator
Maureen Trunfio
SCC Secretary
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