Stow Conservation Commission
Minutes
September 6, 2011
A meeting of the Stow Conservation Commission was held at the Stow Town Building, 380 Great Road, Stow, Massachusetts, on September 6, 2011 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.
Approve Minutes
Ingeborg Hegemann Clark made a motion to approve the minutes of August 16, 2011 as drafted and amended. Kathy Sferra seconded the motion and it was passed unanimously
Request for Determination of Applicability
55 Boxboro Road Culvert (R-18 #36)
David Coppes recused himself, as he is an abutter and left the room.
At 7:45 PM Rebecca Mattison opened the public hearing for a Request for Determination of Applicability filed by Garry Balboni for the replacement of culvert pipes at his home, 55 Boxboro Road. Ingeborg Hegemann Clark and Helen Castles reviewed the application and visited the site on behalf of the Commission.
Balboni presented plans and photos to the Commission. He explained that when he purchased the property in 1985 he replaced the two existing 30-inch corrugated culverts with two new 48-inch corrugated culverts. Those pipes have since rotted. He would like to perform a slip-line replacement with two smooth surface Snap-Tite 30-foot, 42-inch pipes. He explained to the Commission that the smooth culverts increase flow by 50% over the older, corrugated version. Balboni submitted a flow statistics chart provided by Snap-Tite.
The Commission asked whether sediment would need to be removed from the existing pipe and Balboni said that there was no sediment present. Balboni explained that he would like to use a rubber-wheeled excavator or rubber-tired crane to complete the project. The equipment will operate from his paved driveway. The Commission specified that no equipment should be used in the streambed. Balboni stated that all work in the streambed would be done manually. He said the excavator/crane would need to be parked on his lawn for a short period while a cement truck delivers ready-mix cement. The Commission informed him to be sure that the loam is stable in the area where he will park the excavator/crane.
Balboni showed a sketch explaining how he will divert water while he is working. He intends to put sandbags on the upstream side of the stream and a sump pump on the other side of the sand bags and run a discharge hose up and around the top of the driveway. There is a small pond on the property that Balboni plans to lower for the project. This will be accomplished by manually creating a small “V” notch in the stone dam on he down streamside to ensure low flow. The Commission informed him that the wall must be restored to the original condition when the project has been completed. Balboni agreed.
Balboni said that he intends to wait for a low-flow period to begin this project. The Commission reminded Balboni that he must comply with Army Corps of Engineers regulations.
Ingeborg Hegemann Clark made a motion to close the public hearing for a Request for Determination of Applicability filed by Garry Balboni for the replacement of culvert pipes at his home, 55 Boxboro Road. Kathy Sferra seconded the motion and it was passed.
Ingeborg Hegemann Clark made a motion to issue a Negative 3 Determination approving the Request for Determination of Applicability filed by Garry Balboni for the replacement of culvert pipes at his home, 55 Boxboro Road, with special conditions. Kathy Sferra seconded the motion and it was passed. (David Coppes was not present during the vote.)
Certificate of Compliance Request (#299-0529)
26 Pine Point Road (U-1 #7)
Arthur Bronk installed a new septic system to replace an existing failed system and a retaining wall at the front of the house in 2010. He contacted the office requesting a Certificate of Compliance for his property. Pat Perry conducted the site inspection on behalf of the Commission and found the area stabilized and in good condition. The Commission agreed to issue the Certificate of Compliance.
David Coppes made a motion to issue the Certificate Of Compliance for work satisfactorily completed at 26 Pine Point Road in compliance with Order of Conditions File No. 299-0529.
Doug Moffat seconded the motion and it was passed unanimously.
Tree Removal Request
56 Orchard Drive
The Conservation Commission office received a phone call regarding a pine tree at 56 Orchard Drive that she says is on land managed by the Commission. Pat Perry conducted a site inspection. There is no way to easily determine if the tree is on Conservation Land or whether it should be removed. Commission members suggested that if the tree were thought to be unhealthy, the Tree Warden or Land Steward should be requested to view the tree and make a determination.
Request for Determination of Applicability
Hiley Brook Road Culvert
At 8:10 Rebecca Mattison reopened the public hearing (opened without testimony) from August 16, 2011 for the replacement/repair of the culverts on Hiley Brook Road and Marlboro Road.
On Hiley Brook Road, Stow Highway Department is proposing to slip line four 60-inch culvert pipes running approximately west to east along the Elizabeth Brook. The Highway Department will be working with a private contractor that specializes in this type of repair. David Coppes conducted the site inspection.
Mike Clayton, Superintendent of the Highway Department presented. He explained that the four replacement pipes will be 48-inch, smooth-surface, high-density polyethylene, Snap-Tite pipes. Clayton quoted numbers from Snap-Tite and explained that flow capacity will improve with the new pipes. Flow capacity of a 48-inch polyethylene pipe is 54,000 gallons/minute vs. 44,700-gallon/minute capacity for a 60-inch corrugated pipe. A slip-lining technique will be utilized.
Clayton said they plan to remove all gravel and debris that has collected in the culvert. They will build a dam on the inlet side and on the outlet side. Clayton said they would lay sandbags and then place plastic-lined jersey barriers on top of the sandbags to allow room to work in a dry area. This is the only time a disturbance will occur. This will divert water into the two pipes that will remain in use. The same process will be used on the downstream side as well. They intend to replace two pipes at a time, so flow will not be stopped. Clayton expects they will get two pipes done per week. All work will be done with machinery that will sit on the paved road surface.
Clayton said they intend to remove the hot top, replace gravel and repave the road in the area above the culverts where a sinkhole has formed.
Charles Barney, 60 Lantern Lane, is an abutter who was present for the hearing and spoke only to say he was an interested neighbor and had “no problem” with the proposed project.
David Coppes made a motion to close the public hearing for a Request for Determination of Applicability filed by the Town of Stow Highway Department for the replacement of the culverts on Hiley Brook Road. Doug Moffat seconded the motion and it was passed unanimously.
David Coppes made a motion to issue a Negative 3 Determination approving the Request for Determination of Applicability filed by the Town of Stow Highway Department for the replacement of culvert pipes at Hiley Brook Road, with conditions. Doug Moffat seconded the motion and it was passed unanimously.
Clayton also presented plans to replace a culvert on Marlboro Road. A 24-inch pipe would be installed where an existing box culvert has failed. Flow would be dammed off on the upstream side of the project with sandbags. He explained that the old stone box would be taken out and they would then set the new pipe at the same depth at the bottom of the old stone box. Clayton said they would rebuild the headwalls out of fieldstones
David Coppes inspected the site and reported that the old culvert has failed and water has backed up and the upper end was under water at the time of the inspection. It was clarified for the record that the pipe used would be a 24-inch pipe. A former proposal mistakenly showed a 12-inch pipe.
David Coppes made a motion to close the public hearing for a Request for Determination of Applicability filed by the Town of Stow Highway Department for the replacement of a culvert on Marlboro Road. Ingeborg Hegemann Clark seconded the motion and it was passed unanimously.
David Coppes made a motion to issue a Negative 3 Determination approving the Request for Determination of Applicability filed by the Town of Stow Highway Department for the replacement of a culvert pipe at Marlboro Road, with the special condition that pipes are set at the same elevation as current pipes. Helen Castles seconded the motion and it was passed unanimously.
Appointment of Community Preservation Committee Liaison
Kathy Sferra is presently the liaison to the Community Preservation Committee for the Conservation Committee. Sferra agreed to accept reappointment.
David Coppes made a motion to reappoint Kathy Sferra as liaison to the Community Preservation Committee. Doug Moffat seconded the motion and it was passed unanimously.
Phosphorus Levels in Elizabeth Brook
Laura Spear, Board of Selectman (BoS) Chair, has contacted the Commission to inquire whether a member of the Commission could attend an upcoming BoS meeting. Spear is the Commission’s liaison and is following up to see if someone would come in and update the BoS on current activities, plans, proposals, etc. regarding the Master Plan action item “Identify sources and develop strategies to mitigate excess of phosphorus in Elizabeth Brook during high water, wet weather conditions.” The responsible owners were identified as the Board of Health and the Conservation Commission.
Previously, Dwight Sipler studied numbers produced in the Final Report (Table 2) page 21 by ENSR and determined that the “Elizabeth Brook Wet-Weather-Survey 1-March 16, 2000 Load lbs/day” most likely has flawed data. The number “183” for Elizabeth Brook was unfathomably high as compared to other similar brooks.
The Commission did attend a previous meeting of the BoS and reported their comments on the completed studies. The Commission decided that since this is an 11-year-old study, the best course of action at this time would be to have new samples taken. The Commission decided that they would inform the BoS that they will be contacting ENSR in the very near future to request updated or clarified data.
Becky Mattison will respond in writing to the BoS on behalf of the Commission with our findings and recommendations.
Infestation of Purple Loosestrife/Pompositticut Elementary School
The Office of the Conservation Commission has received two phone calls from a neighbor to the school inquiring as to what the Commission proposes to do about controlling the invasive plant, Purple Loosestrife. The Commission does not have an action plan in place. Removing the flowering heads would prevent the plant from going to seed and spreading.
The Commission suggested that Pat Perry call the inquiring party and inform her that the Commission is exploring the possibility of forming a sub committee, with the help of Bob Wilbur, to determine a course of action for town-wide management of invasive species. The Commission recommended asking her if she would be willing to help with this effort.
The Commission mentioned that they would like to go out and look at the wetlands attached to the Pompositticut School. They are interested in beaver activity, possible sightings of Asian Long-Horned Beetles and varieties of invasive plants on the property.
Eagle Scout Project
Doug Moffat received a query regarding possible Eagle Scout Projects with the Conservation Commission. Suggestions included work on the trail at the Phillip Noonan Field (Arbor Glen), an invasive control project, design an on-line trail guides or mile markers on existing trails.
The Commission will offer these suggestions and the Eagle Scout will need to present them to the Council to be approved. At that time he can present his plan to the Commission.
Pat informed the Commission that Scouts interested in a project have contacted the office in the past for suggestions and/or referrals to other departments for project advice.
Larsen Apple Barn (Stone Building)
The state’s procurement process dictates that the Board of Selectmen must vote to classify the barn as Surplus Property before bids to move it can be invited. Surplus Property is that which no Town department has a use. The Conservation Commission agreed that it has no use for the Larsen Apple Barn.
Proposed amendments to Zoning Bylaw
Commercial Solar Photovoltaic Renewable Energy Installations
The Planning Board would appreciate any comments on this proposed amendment as it relates to the Commission’s specific jurisdiction. The public hearing is scheduled for September 13, 2011. The Commission had no comments on this project.
Declaration of Open Space Restriction/Highgrove Estates
No action.
Athens Road Restoration (#299-0518)
The Commission will need to follow up on restoration work needing to be completed at property off Athens Drive. The most recent letter to Mr. Quirk, which detailed work to be done, will be presented and discussed by the Commission at their next meeting on September 20, 2011.
Enforcement Issue (OOC #299-0514)
277 Sudbury Road (U-3 #19)
Becky Mattison said she feels confident that Mr. Shimmel, the builder, and the Barille’s, the new property owners, are conforming with planting instructions from the Commission.
Enforcement Issue (#299-0334 & 0528)
626 Great Road/ C.W. Fuels/Community Convenience (R-10 #41)
Fines of $600 were paid by proprietor, David Lorden. Mr. Lorden will appear at the Conservation Commission meeting on September 20, 2011 to discuss getting the site into compliance.
Enforcement Issue
152 Barton Road (U-2 #14)
Mr. DeWolfe conducted extensive work on his Lake Boon property without a permit from the Commission. He appeared before the Commission on June 22, 2010 along with Steve Poole, Lakeview Engineering, and agreed to work with Poole in developing a plan for restoration. Pat Perry will contact Poole and remind him of this project.
Center School Building Site Update
Pat Perry received SWPPP reports from the work site. Joe Stella stated in an email that he had his environmental company go to the site and collect soil samples from the Area B spill site and should have results by the end of the week.
Kettle Plain Road Restoration
The Town has received money to finish the replication areas on this street. A resident of Kettle Plain has offered to design a landscape plan free of charge. Pat Perry will discuss this offer with Highway Department.
57 Elm Ridge Encroachment
The Board of Health has revoked the Stable License for 57 Elm Ridge Road and fining the owners of the property $100.00 per day until a new application for a Stable License is received by the Board of Health. Encroachments on the Red Acre Woodland have not been removed to date. A future meeting will be organized to address these issues and determine next steps for compliance.
Adjournment
Ingeborg Hegemann Clark made a motion to adjourn the meeting at 9:15 PM. David Coppes seconded the motion and it was passed unanimously.
The Commission adjourned at 9:15 PM.
Respectfully submitted,
Patricia R. Perry
SCC Coordinator
Maureen Trunfio
SCC Secretary
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