Stow Conservation Commission
Minutes
June 21, 2011
A meeting of the Stow Conservation Commission was held at the Stow Town Building, 380 Great Road, Stow, Massachusetts, on June 21, 2011 at 7:30 in the evening.
There were present: Helen Castles, Vice Chair
David Coppes (arrived at 7:58 PM)
Ingeborg Hegemann Clark
Doug Moffat
Kathy Sferra (departed at 10:25 PM)
Absent: Rebecca Mattison, Chair
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.
Kathy Sferra announced that one member of the Commission would be arriving late. Therefore, the order of agenda items would need to be altered to accommodate his voting ability. The Pedestrian Walkway Committee Hearing would be moved to 7:45 PM.
Minutes/May 5, 2011
Kathy Sferra made a motion to approve the minutes of May 5, 2011 as drafted and amended. Doug Moffat seconded the motion and it was passed unanimously.
Abbreviated Notice of Intent (#299-0538)
Delaney Street (R-4 #28-2)
At 7:48 PM Helen Castles opened the public hearing for an after-the-fact Abbreviated Notice of Intent (NOI) filed by FLB Management, LLC for the activity of having built a dirt road near a wetland area on Delaney Street in Stow. Ingeborg Hegemann Clark reviewed the NOI and conducted the site inspection on behalf of the Commission.
Garry Balboni, owner of ET&L/FLB Management, LLC presented plans to the Commission. He told the Commission that he had hired Epsilon Associates, Inc. to view the wetland line for accuracy. The Commission said it would like to see wetlands shown on his plan. He told the Commission that 220 on the plan is the floodplain line and the tree line is the wetlands. The area used to store jersey barriers, etc. is not in the buffer zone. They are almost finished moving the barriers.
The Commission was contemplating whether it would be beneficial to the wetlands to have the road moved. Balboni said if the road were moved, he would need to go over a septic system and there would be problems with an existing light pole. The width of the road was a concern to the Commission, but Balboni explained that the size of trucks moving large items should be taken into consideration. The Commission would like to discuss mitigation for work in the 35-foot No Disturb Zone. The Commission explained that a public benefit for the project would need to be found to allow work within the No Disturb Zone.
Bill and Mary Ann Hoffmann, residents of 17 Zander Way, brought a letter and photos to the meeting that explained concerns they had with the building of the road and the storage of items on the property. The Commission informed the Hoffmanns that many of their concerns pertained to asthetics and would best be addressed by Planning Board (PB). They were concerned with having a view of stacked concrete jersey barriers. They were also concerned with traffic on a dangerous curve on Delaney Street.
Martin Goldenblatt, 20 Cider Mill Road, questioned why he had received an abutters notice. He had no concerns with the project.
The Commission requested the hearing be continued to the next meeting on July 19 2011. Members of the Commission will conduct another site visit at 8:30 AM on June 25, 2011.
Dave Coppes made a motion to continue the public hearing for an after-the-fact filing of an Abbreviated Notice of Intent File No. 299-0538 to July 19, 2011 at 7:30 or later. Helen Castles seconded the motion and it was passed unanimously.
Request for Determination of Applicability
Great Road Pedestrian Walkway (R-10 #35, 37, 38, 39, 40)
At 8:20 PM Helen Castles opened the public hearing for a Request for Determination of Applicability (RDA) filed by the Town of Stow Planning Department/Pedestrian Walkway Committee for the installation of a pedestrian walkway on the south side of Great Road between Gates Lane and Hudson Road. Doug Moffat reviewed the filing and conducted the site inspection on behalf of the Commission. Kathy Sferra is an abutter to the project and recused herself from the public hearing.
Bruce Fletcher submitted the proposal for the walkway, will serve as the project director and presented the plan. Plans were drawn by Sue Carter, consultant to the town. The area of work is entirely within the ROW of Great Road. The work will consist of constructing a four foot wide paved pedestrian walkway adjacent to Great Road. Wetland and Riverfront zone lines were traced from prior filings with the Commission (NSTAR project).
Fletcher explained that the building of the walkway would be executed using simple construction. He stated that they would excavate and remove unsuitable soils, stack in gravel and pave over it. He said the depth would vary, but that they would keep to the standard of installing 12 inches of gravel before paving the surface.
There will be installation of curbing in some areas. The walkway will be set back five feet from the road. There will be a culvert crossing, and they will need to move a guardrail. The bridge that spans the Elizabeth Brook has an existing walkway.
The Commission questioned what would be done with the material that’s removed during excavation in the buffer zone. Fletcher noted in the plans that in the buffer zone, soil needs to be removed and brought back rather than stockpiling on site. Fletcher said that erosion control is shown in detail on Carter’s specification sheet. He added that he’s fairly sure there’s adequate room for both hay bales and silt fence. In areas where there proves inadequate space, the Commission said they would require a compost sock or some similar solution.
Fletcher said some topsoil would need to be brought back to dress the edges of the finished paved surface. The Commission suggested, and Fletcher confirmed, that there shall be no stockpiling of excavated soil in the buffer zone. Fletcher said he would deliver a full set of plans to the Commission.
No comment from the audience.
David Coppes made a motion to close the public hearing for a Request for Determination of Applicability filed by the Town of Stow Planning Department/Pedestrian Walkway Committee for the installation of a pedestrian walkway on the south side of Great Road between Gates Lane and Hudson Road. Doug Moffat seconded the motion and it was passed. Kathy Sferra abstained.
David Coppes made a motion to issue a Negative 3 Determination of Applicability contingent that no stockpile of excavated material or fill is permitted in the buffer zone and that compost filter socks or equivalent may be used as an alternative to straw bales and silt fence where appropriate. Ingeborg Hegemann Clark seconded the motion and it was passed. Kathy Sferra left the meeting prior to any deliberation and vote regarding the decision.
Notice of Intent (#299-0540)
169 South Acton Road (R-31 #60)
At 8:35 PM Helen Castles opened the public hearing for a Notice of Intent filed by Scott and Jeanine Cumming for the replacement of an existing septic system. Helen Castles reviewed the application and conducted the site inspection on behalf of the Commission.
The existing septic system for a 3-bedroom home has failed and needs to be replaced. There will be slight grading changes within the jurisdictional area. The wetlands were delineated by David Burke in June 2010 and located by Snelling and Hamel Associates. Stockpiles will be located outside the buffer zone. There is no other alternative placement option for the septic without moving abutters’ wells.
William Murphy of PureGround Engineering designed the septic and presented to the Commission. The house is currently being served by two cesspools. The drinking well is located in the basement of the property. He found that the only place to locate the well would be in front of the house due to the location of neighbors’ septic systems. The new septic would need to be located to the rear of the house. The hay bale line will be located at 35 feet.
The current septic is not above the water table but the new well will be located above the water table. The Commission found that to serve as a public benefit. Four trees will need to be removed. Loam will be stockpiled on site and used to rebuild the slope. What is not used to rebuild will be removed from the site.
Mathew O’Connell, also representing the family, wanted to point out that Scott and Jeanine Cumming are owners of the property, as well as Eloyse Healy as noted on WPA Form 5.
On her site visit, Castles noticed items such as snow blowers stored in the buffer zone. The Order of Conditions will require the removal of household items from the buffer area. Mr. Cumming agreed to remove the items.
Doug Moffat made a motion to close the public hearing for a Notice of Intent File No. 299-0540 filed by Scott and Jeanine Cumming for the proposed activity of replacing a septic system at 169 South Acton Road. David Coppes seconded the motion and it was passed unanimously.
Kathy Sferra made a motion to approve and issue the Order of Conditions File No. 299-0540 for the proposed activity of replacing a septic system at 169 South Acton Road as drafted with the special condition that household items stored in the buffer zone be removed. David Coppes seconded the motion and it was passed unanimously.
Request for Determination of Applicability
24 Kirkland Drive (R-5 #9)
At 8:45 PM Helen Castles opened the public hearing for a Request for Determination of Applicability (RDA) filed by Dan Foster for the proposed activity of patio, deck and landscape work in an area adjacent to a pond. David Coppes reviewed the RDA on behalf of the Commission.
The applicant is proposing (a) to replace existing 14 foot x 14 foot deck 60 feet from the pond with a 16 foot x 14 foot deck, (b) remove existing concrete slab patio and construct a new covered, open air patio against house (greater than 50’ from pond), (c) reduce existing lawn area by approximately 50% by replacing lawn at house side of slope with native plantings and an unpaved walkway. This will establish a defined edge between the maintained lawn and the pond slope, which will revert to native vegetation.
Foster presented his plan to the Commission. He explained that his backyard backs up to a detention pond and there has been “turf wars” between the vegetation along the edge of the pond and his lawn. He would like to create a delineation by installing a walkway with plants. The walkway will be “paved” with pine needles. He has submitted the plan for his open-air porch to the Building Department. At a later date, he intends to rebuild his existing deck. That would require installing four sonar tubes. He told the Commission he already has silt fencing on site.
The Commission found that the conversion of a large section of lawn to native plantings would serve as a public benefit. There were no questions or comments from the audience.
David Coppes made a motion to close the public hearing for an Request for Determination of Applicability for the proposed patio, deck and walkway work at 24 Kirkland Drive. Doug Moffat seconded the motion and it was passed unanimously.
David Coppes made a motion to issue a Negative Three Determination of Applicability as drafted and amended for proposed patio, deck and walkway work at 24 Kirkland Drive proposed work with the condition that the owner utilize native plantings. Doug Moffat seconded the motion and it was passed unanimously.
Tuttle Lane Farm Land
Pat Perry requested that Jon Witten briefly research and proffer an opinion regarding a 25-year proposal to farm Tuttle Lane. He sent a response to Perry that she will summarize put into a letter for Ted Painter, who was interested in leasing the land. His response stated that the Commission can not offer land for a long-term lease. According to Witten, doing so would put the town in violation of Article 97 and procurement laws.
Declaration of Open Space Restriction
The Commission reviewed comments put forth by Kathy Sferra and agreed with her findings. The Commission determined that they are satisfied as drafted and amended with the Commissions’ edits. The comments will be forwarded to the attorney for Highgrove Estates.
Notice of Intent (#299-0539)
222 Barton Road (U-2 #35)
At 8:55 PM Helen Castles opened the public hearing for a Notice of Intent (NOI) filed by
Linda S. Cornell for the proposed activity of reconstruction of the existing house and portions of the septic system, to include a new patio with swimming pool, a series of concrete retaining walls, a handicap access walkway, removal of select trees, shoreline plantings as mitigation and the reconstruction of the existing deck. Kathy Sferra reviewed the Notice of Intent and conducted the site inspection on behalf of the Commission.
Linda Cornell and Ron Gerhard, both of 222 Barton Road, presented along with Steve Poole of Lakeview Engineering Associates.
The existing septic system will be moved across the road. The new septic will be located 250 feet from the lake. Electrical and water connection will also run across the road for a future garage that will be constructed there. The house will eventually be torn down and rebuilt. A series of retaining walls will be built on the steep hillside with the intention of slowing down water flow when it rains.
A new swimming pool will be constructed. The pool will be treated with ozone. There will be a fence around the pool, as required by law. The Commission suggested repositioning the placement of the pool on the lot so that it will be located outside of the 35-foot No Disturb Zone. The owner agreed to the change.
The owner is proposing approximately 50 feet of concrete sea wall that will serve to anchor the proposed epoxy-coated steel dock. Steel posts will be located out in the lake to support the dock.
Presently the hillside is overgrown with invasive plants such as bittersweet and poison ivy. The homeowner will clear that growth and plant native species. A walkway constructed of open-joint, porous pavers will be installed to allow a handicapped family member access down to the lake. These pavers would be used for the proposed patio as well.
DEP commented that a Wildlife Habitat Study may be required. The Commission felt it was not necessary. The Commission questioned a driveway on one side of the existing home that was not shown on the plan. The Commission would like a more detailed account of the planned sequence of the work. This will help determine the placement of erosion controls. The Commission is concerned with the amount of paving required on the site. The Commission would like the removal of an existing shed noted.
No public comment.
Kathy Sferra made a motion to continue to July 19, 2011 the public hearing for a Notice of Intent filed by Linda S. Cornell for the proposed activity of reconstruction of the existing house and portions of the septic system, to include a new patio with swimming pool, a series of concrete retaining walls, a handicap access walkway, removal of select trees, shoreline plantings as mitigation and the reconstruction of the existing deck at 222 Barton Road. Dave Coppes seconded the motion and it was passed unanimously.
Canoe Launch at Crow Island
Bernie Donahue of Maynard is proposing to start a canoe/kayak rental business from Crow Island. He presented a plan that illustrated an aerial view. The plan showed ample existing parking. Donahue illustrated two options for a launch site but told the Commission that he’d prefer to launch boats from the east end of the island. Donahue reported that he has had an informal meeting with Planning Board and has applied for a special permit.
The Commission was concerned with people trampling the vegetation at the east end of the island. In the past turtle eggs were found in the area. Donahue said he would like to start with five canoes. The Commission reminded Donahue that if the boats were to be stored on the island, they should not be stored in a wetland area.
The Commission was concerned regarding the volume of boats to be stored at Crow Island and requested that he store no more than 25 boats. The Commission requested that Mr. Donohue file a Request for Determination of Applicability to the Commission for a decision.
Radant Technologies (#299-0532)
255 Hudson Road/R-2 #1-1, 1-1
Continuation of Public Hearing
The Commission voted to continue the public hearing for a Notice of Intent for a proposed vegetation management plan at Radant Technologies, 255 Hudson Road to Tuesday,
July 19, 2011.
David Coppes made a motion to continue the public hearing for a Notice of Intent for a proposed vegetation management plan at Radant Technologies, 255 Hudson Road, to Tuesday,
July 19, 2011 at 7:30 PM or later. Ingeborg Hegemann Clark seconded the motion and it was passed unanimously.
Planting Plan
277 Sudbury Road/U-3 #19
Pat Perry wrote a letter to Gary Shimmel with a deadline regarding plantings on the hillside. An erosion problem is evident by overtopping displayed at the silt fence. In reponse, Shimmel has sent a plan and has added the proposed planting of three white pines and three eastern red cedars. He had already planted hostas, rose bushes and pachysandra at the site.
The Commission stressed the fact that several of the plants Shimmel listed were non native; for example, Japonica. The Commission would like Shimmel to research native and non-native plants. Instructions from the Commission were as follows: Anything that is not already planted and that is non native should not be planted. Anything that is planted and is considered invasive should be removed. He will need to resubmit a plan illustrating what has already been planted and what he is planning to plant on the site.
If Shimmel needs assistance identifying non-native plants, the Commission suggested that Shimmel refer to the prohibited plant list available on the World Wide Web or visit the library at Garden in the Woods in Framingham, MA.
Election of New Chairperson and Vice-Chairperson for Commission
Pat Perry recommended Helen Castles, current Vice-Chair, be elected as Chairperson. Due to obligations at her place of employment, Castles stated that she was concerned with the number of meetings she may not be able to attend. She declined the Chair position, but agreed to chair the July 19, 2011 meeting.
The Commission may ask Becky Mattison to agree to serve as Chair for another year upon her return from vacation. The Commission will need to address this issue at an August meeting.
Athens Lane
The Conservation Commission office had received a phone call stating that work had begun at Athens Lane on May 25, 2011. David Coppes briefly visited the site and told the Commission that a large amount of work had been undertaken. Pat Perry will deliver the site plans to Coppes and the Commission will conduct a site inspection on the morning of July 10, 2011.
Arbor Glen
The Commission will meet at Arbor Glen on the morning of July 10, 2011 to do a site walk and final inspection of the property.
CW Fuels/626 Great Road
Pat Perry wrote a letter to David Lorden, owner of the property, stating the Commission’s concern with the lack of compliance with the OOC #299-0528. Mr. Lorden was asked to immediately remove signs at the property allowing for additional parking in an area near the riverfront and to block off the back parking area with cones.
The Commission agreed that another letter shall be written and Lorden will be informed that if he does not reply within seven days, a fine will be levied. The Commission agreed that if the seven-day deadline passes and he has not contacted the Commission office, a $300 fine should be issued. The Commission suggested that it vote to continue to assess fines at each future meeting until they have heard from Mr. Lorden regarding the violations.
Ingeborg Hegemann Clark made a motion to authorize permission for Pat Perry to issue a $300 fine to David Lorden for lack of compliance with Order of Conditions #299-0528 if he does not respond within 7 business days to a second letter requesting he contact the office of the Conservation Commission. Kathy Sferra seconded the motion and it was passed unanimously.
Adjournment
Ingeborg Hegemann Clark made a motion to adjourn the meeting at 10:35 PM. David Coppes seconded the motion and it was passed unanimously.
The Commission adjourned at 10:35 PM.
Respectfully submitted,
Patricia R. Perry
SCC Coordinator
Maureen Trunfio
SCC Secretary
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