Stow Conservation Commission
Minutes
November 20, 2007
A meeting of the Stow Conservation Commission was held at the Stow Town Building, 380 Great Road, Stow, Massachusetts, on November 20, 2007 at 7:30 in the evening.
There were present: Ingeborg Hegemann Clark, Chair
David Coppes, Vice Chair
Kathy Sferra
Doug Moffat
Becky Mattison
Dennis Walsh
Kathy Tarbi
comprising a quorum of the Commission; also
Patricia R. Perry, Administrative Assistant
The meeting was called to order at 7:30 PM.
Consultant’s Fee/ANRAD 117 Walcott Street (R-1 #27)
Pat Perry reported that the invoices from Mason & Associates, Inc. and Waterman Design Associates should not be approved until the check for the $2500 has been cleared and the Commission has received a letter from Landwest Development agreeing to pay for the consultant’s fee. The Treasurer Collector deposited the check last Friday.
Meeting Schedule for December
Due to special town meeting scheduled for December 3rd, Pat Perry is not booking any appointments or public hearings for that night. This means the Commission will only have one more meeting on December 18th. The Commission agreed to meet on December 11th and December 18th.
Assabet River Study
The Commission voted last week to authorize Kathy Sferra to draft a letter for Ingeborg to sign recommending the Selectmen request a seat on the Study Committee for the Assabet River Study Committee. The Commission reviewed the letter and voted to approve as drafted.
Becky Mattison made a motion to approve the letter as drafted to the Board of Selectmen requesting a seat on the Assabet River Study Committee. Kathy Sferra seconded the motion and it was passed unanimously.
Assabet Water Company
38 Adams Drive
Bob Maynard, President of Assabet Water Company, requested a meeting with the Commission for approval to go ahead with the installation of the building within the buffer zone. James Bond, Project Manager for Assabet Water Company attended the meeting also. Mr. Maynard was requesting permission to go forward with the installation of a steel structure with some modifications to the plan submitted with the Notice of Intent and approved by the Commission in 2005 showed the building within the 100-foot buffer zone. The building’s footprint will not increase and will be housed on a cement slab rather than a smaller footprint with a basement. An amended plan will be filed in December to address other changes and a wetland delineation that the Commission may be able to confirm.
David Coppes made a motion to allow the installation of the steel structure since it is in the same location as the original plan submitted with the Notice of Intent. Doug Moffat seconded the motion and it was passed unanimously.
Abbreviated Notice of Resource Area Delineation
117 Walcott Street (R-1 #27)
At 8:05 PM Ingeborg Hegemann Clark opened the continued public hearing for an Abbreviated Notice of Resource Area Delineation filed by Alice Cushing for a confirmation of the wetland delineation at 117 Walcott Street. Rich Harrington of Stamsky and McNary and Dave Crossman of B&C Associates represented the applicant.
A revised plan dated November 20, 2007 reflecting the changes to the wetland delineation performed by Dave Crossman was submitted this evening with a narrative from Rich Harrington dated November 20, 2007. Revisions to the wetland delineation and plan were based on the report from the consultants, Mason & Associates and Waterman Design Associates, and the Commission’s site work.
The Town of Stow Wetland Protection Bylaw and not the Wetland Protection Act regulate isolated wetlands. It will be noted in the Order of Resource Area Delineation that the isolated wetlands are mislabeled unless another revision to the plan is submitted.
Pat Perry suggested continuing the public hearing to December 18th to receive the letter from Landwest and verify that the check for $2500 for the consultants has cleared.
David Coppes made a motion to continue the public hearing for the Abbreviated Notice of Resource Area Delineation for 117 Walcott Street to December 11, 2007 at 7:30 PM or later. Becky Mattison seconded the motion and it was passed unanimously.
Abbreviated Notice of Resource Area Delineation
W. Acton Road (R-20 #14, 17, 19, 20, 21, 22)
At 8:25 PM Ingeborg Hegemann Clark opened the public hearing for an Abbreviated Notice of Resource Area Delineation for property off West Acton Road filed by Christine Sweeney for confirmation of a wetland delineation performed by Dave Crossman of B&C Associates. Rich Harrington of Stamsky and McNary and Dave Crossman represented the applicant.
Becky Mattison, Kathy Sferra., Kathy Tarbi, Doug Moffat and Ingeborg Hegemann Clark met with Dave Crossman on Sunday November 18th and agreed to the flagging as revised on site. They changed one flag by deleting it and connecting the two flags on either side of the deleted flag. Rich Harrington submitted revised plans dated November 20, 2007. It was noted that there is a large vernal pool on site with a depth of up to three feet, which is significant.
Abutters asked questions such as “What is the difference between a vernal pool and bordering vegetated wetlands?” and “What determines whether or not it is a wetland?” The Commission replied that a vernal pool requires a higher level of protection and a wetland determination is based on three criteria such as vegetation reflective of a high water table, hydric soils, standing water. Abutters were also concerned about the drainage problems that already exist on West Acton Road due to water runoff from the Sweeney property. They are concerned that stripping the slope for development would increase the runoff.
The Commission will take all comments into consideration if and when a Notice of Intent is filed for the development of the parcels in question and as abutters they will be notified of further filings.
Doug Moffat made a motion to close the public hearing for an Abbreviated Notice of Resource Area Delineation for property located off West Acton Road. Dennis seconded the motion and it was passed unanimously.
David Coppes made a motion to issue the Order of Resource Area Delineation for the West Acton Road property and confirm the wetland delineation as amended. Kathy Sferra seconded the motion and it was passed unanimously.
Notice of Intent
242 Hudson Road (R-11 #44)
At 8:50 PM Ingeborg Hegemann Clark opened the continued public hearing for a Notice of Intent filed by Joshua Libby and Mary Hochella for the construction of two additions to the existing dwelling at 242 Hudson Road and moving the driveway to a new location. Russ Wilson of R. Wilson and Associates represented the applicants. David Coppes and Ingeborg Hegemann Clark conducted a site inspection on behalf of the Commission.
It was noted that the project is straightforward with a small edge of emergent sedges/rushes/perennials/annuals extending from the bank of the pond. The hearing was continued to await a file number from the Department of Environmental Protection. The file number has been assigned; and a draft Order of Conditions is available for review by the Commission.
Kathy Sferra made a motion to close the public hearing for a Notice of Intent filed for work proposed for 242 Hudson Road. David Coppes seconded the motion and it was passed unanimously.
David Coppes made a motion to approve the Order of Conditions as drafted and amended for 242 Hudson Road. Becky Mattison seconded the motion and it was passed unanimously.
Order of Conditions
Ridgewood Estates (R-18 #22B-3A & R-7 #35 & 35B-4)
Kathy Sferra made a motion to issue the Order of Conditions for Ridgewood Estates off Boxboro Road for the construction of an Active Adult Community as drafted by David Coppes and amended by the Commission. David Coppes seconded the motion and it was passed. Dennis Walsh, Becky Mattison and Kathy Tarbi abstained from the vote since they did not attend all of the public hearings.
Order of Conditions
Taylor Road Lots 3, 4, 5
The applicant is proposing to construct driveways, install drywells and perform grading activities within the buffer zone for three building lots. Doug Moffat conducted the site inspection for this application and drafted the Order to be issued this evening.
Kathy Sferra made a motion to issue the Order of Conditions as drafted by Doug Moffat and amended by the Commission for work proposed at Lots 3, 4, 5 Taylor Road. Becky Mattison seconded the motion and it was passed. Ingeborg Hegemann Clark abstained from the vote since she did not attend all of the public hearings.
Certificate of Compliance
Indian Ridge Subdivision Roadway & Drainage System (R-12 #22)
At the request of the Conservation Commission, Associate Stewart Dalzell conducted a site inspection on November 17th and reported on the condition of the roadway and drainage system. Based on his site inspection and review of the file, he recommends issuing the Certificate of Compliance.
Kathy Sferra made a motion to issue a Certificate of Compliance for Order of Conditions File No.. 299-200 for satisfactory completion of the roadway and drainage system based on the report submitted by Associate Member Stewart Dalzell. David Coppes seconded the motion and it was passed unanimously.
Comments/FEIR Wastewater Treatment Plants/Northborough, Marlborough, Shrewsbury
Kathy Sferra made a motion to authorize Ingeborg Hegemann Clark to draft comments on behalf of the Conservation Commission with regard to the FEIR Wastewater Treatment Plants for Northborough, Marlborough, and Shrewsbury. Doug Moffat seconded the motion and it was passed. David Coppes recused himself from the vote and any discussion on the subject.
Project Update:
· Trefry Lane: John Jagger emailed saying that no work has been done on Lots 6 or 7. Action: Send letter to Kendall Homes and issue a fine of $300.
· Crow Island: John Bolton witnessed trees downed along the river’s edge at Crow Island and lying in the water. Action: Send letter to Mr. Albright requesting he attend a meeting of the Conservation Commission to discuss past and future work at Crow Island since any work is within the Riverfront.
· Minute Man Air Field VMP: Nicole Sanford’s email said that she was on site on November 11th to flag the work limit boundary for VMA 7 and to meet with the contractor. She says she will be preparing a memo for both Don and the Commission regarding Monday’s work. She also said that as shown on the maps, the boundary for VMA 7 is essentially the wetland boundary and she did not change the wetland line but rather established the work limit boundary using the maps from the NOI and VMP.
· First Parish Church: Whitney Granger called to say that they want to pave portions of the parking lot and want to know if they will need an engineered plan. Action: File a Notice of Intent with a site plan prepared by a Professional Engineer.
Adjournment
The Commission adjourned at 10:55 PM.
Respectfully submitted,
Patricia R. Perry
SCC Administrative Assistant
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