Stow Conservation Commission
Minutes
May 5, 2011
A meeting of the Stow Conservation Commission was held at the Stow Town Building, 380 Great Road, Stow, Massachusetts, on May 5, 2011 at 7:30 in the evening.
There were present: Rebecca Mattison, Chair
Helen Castles, Vice Chair
David Coppes
Ingeborg Hegemann Clark (arrived at 7:45 PM)
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.
Tuttle Lane Organic Apple Tree Proposal
Ted Painter has requested an appointment with the Commission to discuss his proposal to establish an experimental organic apple planting on the farmland off Tuttle Lane and the request for a 25-year license agreement. At the direction of the Conservation Commission, Pat Perry had sent a letter to Mr. Painter denying the use of the land for apple planting and the use of an experimental spray but allowed his proposal for field crops and a cover crop.
Ted Painter, owner of Shelburne Farm on West Acton Road, was present and explained his knowledge regarding organic, no-spray apple trees. Painter told the Commission he has been studying this idea for 12 years. He said there is only one successful no-spray organic apple orchard in Massachusetts. He has found that in the last five years new materials have been approved that makes the concept much more feasible. He prefers to experiment at a distance from his established apple trees for fear of possible insect infestation.
The Commission told Painter that they are impressed with his ambition, but do have reservations about being left with a planted orchard on farm land that is presently clear for field crops. He said that his farm has the equipment to pull up the trees and he would be willing to do the work if this project failed. Painter said he would be more than happy to post a bond or to set up a reserve account that would legally bind him to being responsible for removal of the trees in the case of deciding to abandon the project.
The 25-year agreement is a very important point for Painter. He said that if he agreed to the normal six-year license, his crop would just be coming into production after 4-5 years. He would want time to recoup his initial costs, which he estimates to be between $25,000 and $30,000. Painter said the expected life of project is 20 years.
The Commission told Painter that at the present time they couldn’t guarantee a 25-year license agreement. He wants assurance that he will be able to cover his up front costs. He would like to order trees this year and plant. He said, if necessary, he would plant them on his own property temporarily. The Commission told Painter they could inquire with Town Counsel. It was thought by the Commission that a proposal for a 25-year license, if there were a possibility of that, would need to go before Town Meeting for a vote.
When asked about what nutrients these trees would take up from the soil, Painter explained that it’s a cycle of the trees taking nutrients from the earth and the farmer constantly replenishing the soil. He practices these techniques currently on his traditional orchard. He told the Commission considering the way he treats the soil, the Tuttle Lane property could easily transfer from an orchard to field crops.
Sferra explained that the primary challenge in issuing a 25-year license agreement would be legal constraints. Sferra explained that a six-year license agreement was recently approved at town meeting because Town Counsel didn’t think the Commission could issue a license for that long without town meeting approval. And because it is conservation land, anytime the town wants to dispose of it or the dispose of the interest in it, we would be required to go to the Legislature, which is a long complicated process. Coppes stated that any license agreement over the six-year period would require Legislature approval since we would be giving up control and management of the land. The Commission said it would raise the issue with Town Counsel and get back to Mr. Painter.
Center School Construction Site
Representatives from P.J. Stella, Cincotta and School Committee were present to discuss the condition of the site to get it into compliance. Present were Joe Stella, President of P.J. Stella, Construction, Richie Cordeiro, Project Manager for R.J. Cincotta, Richie Cincotta, Cincotta Co., Steve Quealy, P.J. Stella, Paul Griffin, Jr., Construction Monitoring Services, Craig Martin, Town of Stow Elementary School Building Committee (ESBC), Ellen Sturgis, Co-Chair ESBC, Michael Wood, Nashoba Regional School District Superintendent of Schools, William Byron, Stow Resident.
As~the Commission noted~in early April, the site is at its most vulnerable during this spring construction period. ~Significant portions of the site are~currently~unstable and muddy. ~A large part of the site drains toward the~stream and~wetlands.~Erosion and sedimentation controls are important and sufficient attention is not currently being given to the design, placement or maintenance of these controls.
The Commission received photos from Glenn Davis, Clerk of the Works (not present), illustrating what has been done since the Commission’s last site visit and the Commission was happy with advances made such as temporary Best Management Practices (BMPs) . The Commission stated that it was concerned that after the site inspection there was a very slow response to rectify items discussed. The Commission is concerned because it is considered “mud season” and all water flows in one direction and that is toward the stream. The Commission told Stella that it has evidence that the stream has been affected. Gravel can be seen where the stream pours out and fine sand is apparent. Members of the Commission have investigated the wetland across the street as well. The Commission admitted it couldn’t prove that any change to the
stream and/or wetland is a result of the construction project. However, the Commission is asking Stella as they dewater more, additional thought needs to be given to how the site is handled.
Ingeborg Hegemann Clark asked who is considered the ultimate responsible party at the construction site. Joe Stella said that since Richie Cordeiro is generally on site, he should be the first one spoken to. Next in line would be Joe Stella. Hegemann Clark asked Rich Cordeiro to review what has been done in the last week and a half and explain BMP’s (best management practices) that have been utilized.
Cordeiro produced a plan and explained that once this is graded there will be very little water going down into that area. Cordeiro said that they have come to the realization that with the groundwater as high as it is, they collectively need to look at this site as a living entity--not static situation, and when they do anything on site it creates a domino effect. He told the Commission that he recreated the check dam.
A manhole at the southwest corner of the school~is~covered with a metal plate. ~The plate allows sediment to enter the manhole, with direct discharge to the headwall and stream. ~ Adjacent to the manhole discussed, there~are~areas where concrete had spilled. ~Particles from the spilled concrete may easily be transported to the manhole and into the stream. ~Cordeiro explained that the three manholes are active and it becomes a safety issue. They put a plate on top of it and that way no one can fall through but it becomes a sediment issue also. He said what they’ve come up with is to excavate around the manholes about 8 inches, put a filter fabric over the whole thing, let it drape, put hay bales around them and put down 1½” of stone so each one acts as its own sediment filter. They will use this as a model
as they go forward on the project. He said this worked so well that they’ve decided that any time they have a catch basin that’s active/open they’ll use this model for each one.
Hegemann Clark said that when they excavate in that area vehicle movement through the area will have an impact on these, and they need to consider how they will set these up when they need to excavate. Cordeiro answered that already a contactor had “wiped out” one of these set ups. He explained that they now mark the area with stakes and caution tape. Hegemann Clark asked how wide the narrow vehicle corridor is. Cordeiro answered that there is plenty of room for the vehicles to go around. It is easy to steer around them, he added.
Hegemann Clark mentioned that there is also a problem with water coming down from the back of the site. Cordeiro explained that there is a small earthen dam and then water comes down to the check dam. He said they also built another hay bale line with fence that is meant to stop this flow. The Commission asked if there are many vehicles coming into and out of this area. Cordeiro answered no, but that he must keep it open to emergency vehicles. He said they would keep track of the earthen dam on a daily basis. They have added an additional hay bale line. The Commission concurred that this must be watched closely on a daily basis. The Commission asked who, specifically, is going to be looking over this on a daily basis. Rich Cordeiro said that he is on site daily until around 1 pm. Stella added that Steve Quealy is on site daily at the
Center School site as well to watch this. The Commission asked for confirmation that this would be checked diligently on a daily basis and Cordeiro confirmed that he would.
The Commission was disappointed to learn that the cleaning of the frac tank resulted in additional sediment discharge to the stream. ~The Commission understands efforts were made to minimize the release of sediment, but sediment was observed leaving the site. ~In combination with previous sedimentation of the stream and the recent releases, the streambed and banks have been affected and will need to be restored.
Cordeiro responded to this concern by saying they were very upset by this situation. The hole was 22 feet deep and kept failing. They had to take it down 6 feet, dewater and then down another 6 feet, etc. It wasn’t doing the trick so they got the frac tank. Cordeiro said that problems arose when they cleaned the frac tank. Hegemann Clark told Cordeiro that they noticed that whomever was cleaning the frac tank did build a berm, but a sequence of berms would be more appropriate in the event that siltation arises again. Cordeiro claimed that from this point forward, dewatering efforts would be marginal. Site managers have “put their heads together” in places where they can’t access a check dam. Cordeiro said that in future situations their idea is to dig a hole, put 1½” stone in that hole, take hay bales
and silt fence and create a circle around the hole, dump the water in and, hopefully, by the time it goes through this process, clean water will come out. Cordeiro reiterated that they wouldn’t be working much deeper than a maximum of 8 feet from here on out. Hegemann Clark pointed out that this a hope but don’t assume it will work. She recommended they try it and keep a strict eye on it. Cordeiro agreed to her suggestion.
They rebuilt the hay bale line and silt fencing four feet before you get to the swale in front of the school. According to Cordeiro, this proved much more efficient. Cordeiro said they’ve also cleaned out the check dam and the warm weather is helping evaporation.
Cordeiro addressed the large piles of loam stockpiled on the site that the Commissions feel are not adequately stabilized. He said that it should be noted that there are two piles: one the loam pile and the other is a structural fill pile. He said they have placed hay bales toward the back and have started to put silt fencing around it. He reported that this pile is active and will be accessed on a daily basis for a while. Therefore, they can’t put anything like hay bales and silt fences in front of the pile. The Commission asked if there were plans to remove the pile in the near future. Cordeiro reported that Honey Pot Hill Orchard in Stow would be removing 2,000 cubic yards. The Commission asked how much soil they assumed was in the pile. They estimate around 11,000-13,000 yards of loam unscreened. They explained that the structural
pile is being used for deep fills. The Commission explained that they would prefer that Cordeiro be cautious and reminded him that a few days of rain could create a mess of these piles.
The Commission mentioned concrete spills on the site. Joe Stella said that the mason had been relocated. Hegemann Clark reminded them that she is concerned about the concrete breaking up into particulates. When she was on site she showed them how to pick them up in plastic and make sure that they are reported.
Another concern was a large oil spill that was noticed by the Commission and the fact that there seemed not to have been an immediate response. Stella explained that a hydraulic line in the concrete truck had broken. He told the Commission that they do have a pit on site. The Commission reported that they saw brown absorbent rags and the rags, which were not an optimal product, were 20 feet away from where the pumping out had occurred. Cordeiro replied that they were not responsible for the concrete truck. The Commission recommends that Stella/Cincotta provide Steve Quealy with resources, available immediately on site, to be able to handle a situation like this properly.
The Commission told Stella that they have talked about going out when the level of water in the stream has gone down ad talk about wetland restoration. Joe Stella said that they are planning on doing that when the conditions are right. The Commission informed Stella that they would not instruct him on the restoration. He will need to research that.
Joe Stella asked at what point should they finish the area around the headwall. Cordeiro said they would talk to the civil engineer about the right time to get in there. They’ve said that they’ve got everything contained. The Commission asked whether it was active storage. Cordeiro answered that it’s all been removed. Richie Cincotta said that there’s a mock up panel that 99% completed and that should just stay there until the time is best to finish the work and water is at its lowest point so a better job can be done. Hegemann Clark replied saying that they are in agreement as far as working when the stream is at its lowest point, but she is speaking about final grading in the area. Joe Stella said that the gas and electric lines still need to be brought in. Cordeiro added that all flow is designed to go in one
direction so it all needs to be finished so that everything is working properly and very little will be going into the catch basins.
Hegemann Clark raised the question of concrete trucks spilling concrete. Cordeiro said that they scrape it up on a regular basis. The Commission suggested they continue to scrape up any mortar spillage. They explained that it breaks up into particulates and changes the chemical nature of the soil.
The Commission also questioned the oil spills on the site. When the Commission visited the site representatives from Cincotta showed the Commission how they were taking the contaminated soils out, putting them aside and covering them with plastic. The Commission reminded them to continue to report those spills in accordance with the law. They spoke about a concrete truck that was at the wash station area and had a hydraulic line spill. Hegemann Clark voiced her concern that the site didn’t have a kit for immediate response plan. Stella said they do have a kit on site. The absorbent rags that the Commission saw in use, they felt, were not adequate. The Commission was also concerned about the location of the particular large spill that they saw. Cordeiro said that he looks to Stella to handle spills and feels that he is not equipped to
deal with those situations.
The Commission spoke to Stella and asked that Steve Quealey have the resources he needs available to him. Stella said that they have talked about who is controlling what tasks on site and said they will continue to have sit-down discussions and site walks together to keep tasks organized. He also promised that Quealy will be provided the resources needed to run the site properly.
The Commission mentioned that when the level of water in the stream goes down this summer, go out and come up with a restoration plan. The Commission stressed the fact that they will not tell Stella what is required of them. Stella will need to research and devise a restoration plan.
Hegemann Clark said she had spoken with Davis and Quealy about the fact that there are areas where the mud is one-inch thick. She asked if they had intentions of putting stone down temporarily as a way of handling the mud. Cordeiro explained that they had removed much of the mud and it’s 100% better now.
The Commission closed by saying that they felt, at the last inspection, it was a bad looking work site and they are hoping they can rely on the staff of Stella/Cincotta to handle things better as the project moves forward. They told Stella/Cincotta they hope not to have to issue an enforcement order.
Certificate of Compliance
Parcel K Randall Road (OOC 299-0432)
Order of Conditions File No. 299-0432 for this wetland crossing expired before any work commenced on the site. The applicants have submitted a new Notice of Intent application and the Commission issued a new Order on July 2010.
Kathy Sferra made a motion to issue a Certificate of Compliance noting that no work ever commenced for Parcel K Randall Road under Order of Conditions File No. 299-0432. David Coppes seconded the motion and it was passed unanimously.
Agricultural Use of Conservation Land/Applefield Farm
Perry submitted draft license agreements for the Commission’s review. Perry noted that each agreement should be tailored to the individual farming the land. The Town Meeting has voted to allow the Commission to issue six-year renewable license agreements.
A specific license agreement will be created for Steve Mong of Applefield Farm for his use of agricultural land at Arbor Glen/ Phillip Noonan Field. Mong will be granted a six-year license and Mr. Rodriquez will be farming 3 acres at Tuttle Lane farmland for a one-year term. The farmers will receive the agreements to review and accept and then the Commissioners will vote to issue.
Helen Castles suggested that the agreement require a hay land seeding once the farmers decide not to renew the license agreement otherwise a cover crop such as rye is normally used over the winter months. Castles stated that a hay land seed mix, approved by the Commission, would bring the land back to hay and prevent open areas from being overtaken by invasive plants. Pat Perry will work with Helen Castles to incorporate this requirement into agricultural agreements.
Arbor Glen Public Access Easement Agreement
The agreement has been reviewed and accepted by Jon Witten. The Liability clause was changed to delete the wording “Town agrees to indemnify with “The Town agrees to hold the Grantor and all Owners of the Condominium harmless”. Perry recommended the Conservation Commission should vote to accept the agreement as drafted contingent upon Planning Board’s review and acceptance of the agreement. Once this has been done, the Commission will need to conduct a site inspection to issue a Certificate of Compliance.
Kathy Sferra made a motion to accept the Public Access Easement Agreement at Arbor Glen contingent upon Planning Board’s review and acceptance of the agreement. Helen Castles seconded the motion and it was passed unanimously.
Trail Accessibility with Mobility Impairments
Kathy Sferra reported on information received from the Department of Justice (DOJ) regarding trail accessibility for individuals with mobility impairments and submitted the following to the Commission to begin discussion.
About six weeks ago, the Department of Justice promulgated new rules in trail accessibility for people with mobility impairments.~ In brief, the rules are designed to allow those in need of mobility assistance the ability to take motorized vehicles on trails. ~~And by motorized vehicles, they mean “Segway” type vehicles, ATVs, jeeps, 4X4s, snowmobiles, dirt bikes, and you name it… ~~This applies to state agencies, municipalities, nonprofits, land trusts, etc. ~I attended a training session today (wearing my Mass Audubon hat) that was hosted by TTOR and DCR, and attended by a wide variety of land managers from across the state, including a number of conservation commissions and land trusts. ~Everyone is scrambling to respond to these new rules in a coherent and thoughtful manner.
~
These rules are already in effect, meaning that someone could show up on one of our conservation areas tomorrow and have the right to use a motorized vehicle on a trail despite our posted policies.~ There is a presumption that these vehicles are allowed unless the land managing entity conducts an assessment that sets specific rules about types of vehicles, allowable trails etc.~ The factors that go into an assessment are focused on access (is the trail wide enough?, are there bridges that can take the load?), safety, and resource protection (rare species, wetlands, well sites, archeological resources, etc.).~~ The managing entity can ask for evidence that the person needs to use a vehicle because of mobility impairment, but if they tell you that they need to do so, you are not allowed to insist on proof.
~The guidelines caution that many mobility impairments are not evident or visible.
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It is not sufficient to simply say “XXX land manager prohibits motorized vehicles on its conserved lands” as a matter of policy, there needs to be a specific assessment of the trails that demonstrates that the use of specific types of vehicles is not acceptable based on the factors above. ~The burden of proof is on the land manager to make this demonstration and the spirit of the law is to prevent discrimination and allow those with mobility impairments the right to use land. ~In most cases, land managers will identify some trails where these uses will be allowed and others where they will not, set speed limits and weight restrictions for vehicles, and possibly require the use of electric vehicles to address noise/visitor experience concerns. ~These rules will need to be publicized to the public via signage and/or websites. ~~Of course everyone is worried about potential abuse from those who claim impairments and don’t have them in an effort to use this as a way to ride dirt bikes
where they would otherwise not be allowed.
~
Sferra noted that without any written policy we are open to problems. Sferra suggested pulling together a small working group of Stow Conservation Trust and Conservation Commission representatives to think together about how we will respond to this as it applies to conservation land in Stow. The topic will be included on a future agenda.
Order of Conditions File No. 299-0530
Highgrove Estates/ West Acton Road (R-20 #17, 19, 20, 21, 22)
Rich Harrington, Stamski and McNary and Jim Fenton were present during the Commission’s discussion of the draft conditions prepared by Ingeborg Hegemann Clark. All plan modifications shall be submitted to the Commission prior to the commencement of work on the site for approval in conjunction with the Planning Board. The Commission told Harrington and Fenton that they will want preconstruction meetings to meet the contractor, discuss first phase work and again to inspect the erosion controls prior to construction. Granite markers shall be installed to permanently define the deed-restricted areas. These areas are to remain undisturbed and give the Conservation Commission the right to re-record the restrictions to ensure their enforceability.
David Coppes made a motion to approve and issue the Order of Conditions DEP File No. 299-0530 for construction of a private common driveway for not more than five lots with two wetland crossings and a single family dwelling with associated utilities, grading and stormwater management system at Highgrove Estates on West Acton Road as drafted and amended. Ingeborg Hegemann Clark seconded the motion and it was passed. Kathy Sferra abstained from the vote.
Stow Acres Country Club Dumping
Doug Moffat visited the site and displayed photos of accumulated trash; possibly adjacent to or within a wetland area. The Commission felt the trash area should be further investigated. Jack Wallace, Stow Board of Health, visited the site with Mike McLaughlin, Fire Chief. They found empty oil drums, old televisions, etc. Wallace called DEP and explained what they had found and DEP declared that it was a case that the town could handle. Wallace contacted Walter Lankau, owner of the property and informed him that they must properly clean up the site.
ET&L Corp./Unpaved Road in Wetland Area
Delaney Street
Garry Balboni, President of ET&L Corp., built an unpaved road on his property off Delaney Street. Perry received telephone calls from neighbors complaining about the roadway. Ingeborg Hegemann Clark inspected the site and found it to most likely be a wetland area. Hegemann Clark suggested that Balboni could hire his own wetland scientist to dig pits and flag the area. The Commission called for an abbreviated or full NOI to be submitted. Because work was completed in the 35-foot buffer zone, he will need to request a waiver and show some public benefit. Pat Perry will call Balboni that a Notice of Intent will be required for the work already completed.
Adjournment
Ingeborg Hegemann Clark made a motion to adjourn the meeting at 9:40 PM. David Coppes seconded the motion and it was passed unanimously.
The Commission adjourned at 9:40 PM.
Respectfully submitted,
Patricia R. Perry
SCC Coordinator
Maureen Trunfio
SCC Secretary
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