Stow Conservation Commission
Minutes
March 1, 2011
A meeting of the Stow Conservation Commission was held at the Stow Town Building, 380 Great Road, Stow, Massachusetts, on March 1, 2011 at 7:30 in the evening.
There were present: Rebecca Mattison, Chair
Helen Castles, Vice Chair
David Coppes
Doug Moffat
Kathy Sferra
Absent: Ingeborg Hegemann Clark
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 7:35 PM.
February 15, 2011 Minutes
Doug Moffat made a motion to approve the minutes of February 15, 2011 as drafted. Kathy Sferra seconded the motion and it was passed unanimously.
Amended CR/Deerfield Lane
Kathy Sferra has been working with Jon Witten, Town Counsel, to finalize language to amend the Conservation Restriction for property located at Deerfield Lane to allow a public water supply to be located on the property.
The Commission reviewed the draft amendment for acceptance and submittal to Irene DelBono at EOEEA for review. The Commission requested Pat Perry draft a cover letter with final review by Kathy Sferra noting that the Commission unanimously support the amendment.
David Coppes made a motion to accept the amendment for the Conservation Restriction titled Crescent Farms located on Deerfield Lane and send the documents to EOEEA for review and approval. Doug Moffat seconded the motion and it was passed unanimously.
Arbor Glen Trail Easement
At the Commission’s February 15, 2011 meeting it voted to accept ownership of the public easement at Arbor Glen contingent upon acceptance of the language in the final agreement by Town Counsel and Planning Board. No action was taken by the Commission.
Agricultural Property/Tuttle Lane
Pat Perry noted that there has been some interest in the large parcel on the south side of Tuttle Lane by a completely organic farm located in Concord but further investigation of the site will have to wait for the snow to melt.
Warrant Articles
The Commission reviewed the three draft warrant articles to be submitted for the May Town Meeting. Two are standard articles to transfer money that the Commission has received into the Conservation Fund and the Wetland Fund. Final figures will be included prior to the warrant articles being published.
The new warrant article is to allow the Commission to issue revocable agriculture licenses not to exceed six years for land acquired for agricultural uses.
Kathy Sferra made a motion to approve warrant articles as drafted and submit for May Town Meeting. Doug Moffat seconded the motion and it was passed unanimously.
Highgrove Estates/West Acton Road
Continued from December 7, 2010 to March 1, 2011
At 7:45 PM Rebecca Mattison opened the continued public hearing for a Notice of Intent application filed by Acton Distinctive Homes. The proposed subdivision, Highgrove Estates, will be located off West Acton Road. Rich Harrington of Stamski & McNary Inc. is the engineer for the project and presented.
Harrington informed the Commission that the Planning Board continued the public hearing to March 15, 2011 to allow time to receive comments from Police and Fire. Police have commented but a meeting is scheduled to meet with the Fire Chief on March 3rd. Perry noted that she would be present along with Planning Board members. Because minimum practical road width requirements have not been determined at this time, Harrington thought it would be pointless to discuss drainage concerns with the Conservation Commission and asked for a continuance to April 15, 2011.
Harrington reported that he met with Kathy Sferra and Pat Perry to discuss the protection of the area of land between town land and the vernal pool. Originally the developer talked about giving a four-acre parcel to connect town land to the vernal pool. It was decided that as the plan was originally drafted, it wouldn’t be as protective as the alternative decision that was reached. Together Harrington, Sferra and Perry came up with a restricted area to provide protection across the lots in Acton and Stow. The new plan will provide a valuable corridor between town land and the vernal pool. The area will remain wooded and encompass all existing wetlands and vernal pools on the multiple lots. This should enable the project to meet the requirements of public benefit.
Harrington stated that he feels this protective strip provides a nice balance between home sites and the protected land. It calls attention to the important features on their property that they must be aware of. He reminded the Commission that it would be written into the property owners’ deeds that there is a restricted area associated with their property. The protected areas will be clearly shown on the site plans that will be on file in Town Building. If a property owner comes to the town for anything in the future (building an addition, etc.) the proper forms will circulate through the town offices. During this process the Conservation Commission will be made aware and can make sure those areas remain protected.
The Conservation Commission requested markers on ground that serve as notice of protected areas such as granite markers or boulders. Harrington agreed to that idea and explained often 2-foot 3”x3”markers are installed at the corners and along any long stretches of the protected area. This provides a visual line marking the protected areas. Dave Coppes is still concerned regarding run-off if areas are cleared after subdivision is completed.
The Commission questioned whether they’d have the legal right to go onto the property and inspect; for example, to verify that trees haven’t been cut. The Commission thought that would be a good condition to write into the restrictions. The Commission clarified that access to inspect the property for the Commission would not serve as a public access or a public easement for the general public. Pat Perry mentioned the protections at Kettle Plain Road that are similar because of riverfront protection that the Commission wanted to be able to provide.
The Commission wondered if a restriction is written on a deed whether it is considered a perpetual restriction or does it need to be re-recorded after 30 years. Kathy Sferra stated that it would have to be re-recorded and the restriction language should give the town the right to do this.
Jayne Merrick, 274 West Acton Road, questioned whether the Conservation Commission has influence or jurisdiction over how vehicles and people use this land and develop it. Merrick questioned whether the Commission had seen the drainage plans. The Commission assured her that they have seen the plans and are satisfied with the proposed erosion controls. The Commission informed her that they would inspect the site once construction begins. They reminded her that they appreciate when a neighbor notices an excessive amount of runoff and notifies the Commission.
Merrick and Charles Kern, 304 W. Acton Road, both voiced concern with implementation of the plan. The Commission explained that the work will be completed in phases and the soil will need to be stabilized before continuing on to the next phase. Harrington added that they plan to build the road in three phases: the lower part, the middle part and the top portion of the road near the top of the hill. He explained the use of a hay bale line, silt fence, erosion fabric and a special conservation mix of seed that will be planted. The Commission explained that if it feels erosion is not being handled properly, it could shut the project down at any time. The Commission explained that they require an extra amount of hay bales and silt fence to be stored on site in the event that a component fails, the materials are available to fix the problem
immediately. Merrick stated that the area in its natural state without any construction is experiencing a large amount of natural runoff at present.
Rich Harrington will meet with Planning Board on March 15, 2011 and would like to continue the public hearing with the Conservation Commission to April 19, 2011.
Kathy Sferra made a motion to continue the public hearing for Highgrove Estates to April 19, 2011 at 7:30 PM or later. Helen Castle seconded the motion and it was passed unanimously.
Adjournment
David Coppes made a motion to adjourn the meeting at: 8:15 PM. Kathy Sferra seconded the motion and it was passed unanimously.
The Commission adjourned at 8:15 PM.
Respectfully submitted,
Patricia R. Perry
SCC Coordinator
Maureen Trunfio
SCC Secretary
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