Stow Conservation Commission
Minutes
May 17, 2011
A meeting of the Stow Conservation Commission was held at the Stow Town Building, 380 Great Road, Stow, Massachusetts, on May 17, 2011 at 7:30 in the evening.
There were present: Rebecca Mattison, Chair
David Coppes
Doug Moffat
Kathy Sferra
Absent: Helen Castles, Vice-Chair
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 7:30 PM.
Approve Minutes
David Coppes made a motion to approve the minutes of April 19, 2011 as drafted and amended. Doug Moffat seconded the motion and it was passed. Kathy Sferra abstained.
Request for Determination of Applicability
109 Kingland Road (U-4 #56)
At 7:35 PM Rebecca Mattison opened the public hearing for a Request for Determination of Applicability filed by Linda Telfer to replace existing stepping stones to Lake Boon with wooden stairs and hand rail at 44 Davis Road. Becky Mattison reviewed the application on behalf of the Commission.
Dave Woerpel of Mazmanian Design Inc. is the contractor and presented plans. Stair width will be 3 feet by approximately 32 feet in length with a 4x4 foot landing approximately 10 feet from the top. Bottom of stairs will be approximately 12 feet from the water line. Concrete footings will consist of 8-inch Sona tubes dug to a depth of 4 feet. The total area disturbed will be approximately 4.5 square feet. No grading is proposed and all work will be conducted by hand. The Commission felt that the new stairs would be an improvement and alleviate erosion on the hill.
Karen Wright, an abutter from 110 Kingland Road, spoke only to say that she supports the proposed plan.
David Coppes made a motion to close the public hearing for a Request for Determination of Applicability filed by Linda Telfer to replace existing stepping stones to Lake Boon with wooden stairs and hand rail at 109 Kingland Road. Kathy Sferra seconded the motion and it was passed unanimously.
Kathy Sferra made a motion to issue a Negative 3 Determination without conditions approving the Request for Determination of Applicability filed by Linda Telfer to replace existing stepping stones to Lake Boon with wooden stairs and hand rail at 109 Kingland Road. David Coppes seconded the motion and it was passed unanimously.
Notice of Intent (#299-0533)
44 Davis Road (U-4 #53)
At 7:50 PM Rebecca Mattison opened the public hearing for a Notice of Intent filed by William Blake for the addition of a deck to the existing home at 44 Davis Road. Helen Castles reviewed the application on behalf of the Commission, but was not present at this meeting. Castles’ site report and photos were submitted for the Commission to review.
The applicant is proposing the addition of a 14-foot by 24-foot deck to the rear of the house within the 35-foot NDZ. A request for a waiver has been submitted. James Tetreault, engineer from Thompson-Liston Associates Inc. of Boylston, MA presented to the Commission. Tetrault stated that no trees would be removed. He reported that all work would be done by hand. He stated that the stairs would be dug into the ground not on a cement pad. The Commission found public benefit in the fact that invasive plants will be removed and native shrubs will be planted.
There was no public comment.
Kathy Sferra made a motion to close the public hearing for a Notice of Intent filed by William Blake for the proposed addition of a deck to the existing home at 44 Davis Road. David Coppes seconded the motion and it was passed unanimously.
Kathy Sferra made a motion to issue the Order of Conditions File No. #299-0533 for the proposed addition of a deck to the existing home at 44 Davis Road as drafted and amended. David Coppes seconded the motion and it was passed unanimously.
Notice of Intent (#299-0537)
77 Hudson Road (R-10 #56C)
At 8:00 PM Rebecca Mattison opened the public hearing for a Notice of Intent filed by Top-Flite Custom Homes for reconstruction of a single family dwelling, installation of utilities, site grading, cleanup of trash and debris and landscaping at 77 Hudson Road. Rebecca Mattison reviewed the application and conducted the site inspection on behalf of the Commission.
The original home on this site was destroyed by fire. Scott Hayes of FORESITE Engineering presented on behalf of the homeowner, Catherine O’Brien. The driveway will remain, essentially, in the same location. The home will be a bit farther away from the stream/wetland area. This fact was determined to serve as a public benefit.
The Commission had not yet received a DEP file number, meaning the hearing would be continued pending DEP review.
David Coppes made a motion to continue the public hearing regarding 77 Hudson Road to June 7, 2011at a time to be determined. Doug Moffat seconded the motion and it was passed unanimously.
Notice of Intent (#299-0534)
18 Great Road/Patterson Auto Body (R-29 #54)
At 8:15 PM Rebecca Mattison opened the public hearing for a Notice of Intent filed by S&F Adventures for an addition to the rear of the existing Patterson Auto Body building at 18 Great Road. Doug Moffat reviewed the application and conducted the site inspection on behalf of the Commission.
James Tetreault, engineer from Thompson-Liston Associates Inc., presented to the Commission. The applicant is proposing to construct a 20’x60’ addition to the rear of the existing Patterson Auto Body Building. A request for a waiver for work within the 35 foot NDZ has been submitted. Wetland report has been submitted states that the pond at the rear meets certification guidelines for a vernal pool. Tetreault assured the Commission that all work utilizing heavy equipment would be done from the existing asphalt. He said he would store all material in an appropriate manner outside the buffer. The Commission insisted that a hay bale line be staked and that no work should be done beyond that hay bale line.
There was no public comment.
Kathy Sferra made a motion to close the public hearing for a Notice of Intent File No. 299-0534 filed by S&F Adventures for the proposed addition to the existing auto body shop at Patterson Auto Body, 18 Great Road. Doug Moffat seconded the motion and it was passed unanimously.
Doug Moffat made a motion to approve and issue the Order of Conditions File No. 299-0534 for the proposed addition to the existing auto body shop at Patterson Auto Body, 18 Great Road as drafted and amended with a special condition regarding a vernal pool. David Coppes seconded the motion and it was passed unanimously.
Certificate of Compliance (#299-0389)
18 Great Road/Patterson Auto Body (R-29 #54)
A Certificate of Compliance has been requested by S&F Adventures for the rebuilt auto body repair shop at 18 Great Road. Doug Moffat conducted the site inspection on behalf of the Commission. The area was found to be stabilized and in good condition. The site is well vegetated and all hay bales have been removed. The as-built plan has been submitted. The Commission agreed that the work was acceptable and agreed to grant the Certificate of Compliance.
Doug Moffat made a motion to approve and issue the Certificate of Compliance for work satisfactorily completed at 18 Great Road in compliance with File No. 299-0389. Kathy Sferra seconded the motion and it was passed unanimously.
Certificate of Compliance (#299-0522)
32 Davis Road (U-4 #49)
James Halliday has requested a Certificate of Compliance for the replacement of the existing retaining wall and dock on Lake Boon with a precast block type wall. Helen Castles conducted the site inspection
on behalf of the Commission. The area was found to be stabilized and in good condition. The site is well vegetated and all hay bales have been removed. The Commission agreed that the work was acceptable and agreed to grant the Certificate of Compliance.
Kathy Sferra made a motion to approve and issue the Certificate of Compliance for work satisfactorily completed at 32 Davis Road in compliance with File No. 299-0522. David Coppes seconded the motion and it was passed unanimously.
Certificate of Compliance (#299-504)
24 Randall Road (R-11 #35A)
A Certificate of Compliance has been requested for this property. The Order of Conditions approved the demolition of the existing house within the 100-foot buffer zone and the construction of a new dwelling outside of the buffer zone. A new water service line to the existing well is in the 35 foot NDZ. All debris and structures were to be removed from the buffer zone. Kathy Sferra conducted the site inspection and recommends not issuing the COC until the site is better vegetated and ALL debris such as tires, pipes and heavy equipment is removed from the buffer zone on the other side of the silt fence on the wetland side.
Certificate of Compliance (#299-0105)
58 Randall Road/Driving Range (R-11 #25)
A Certificate of Compliance has been requested for this property. The Order of Conditions approved the expansion of the existing driving range at Stow Acres Country Club. On May 1, 2011, members of the Commission conducted a site inspection and confirmed that a buffer of vegetation was left undisturbed between the wetland and driving range.
The area was found to be stabilized and in good condition. The site is well vegetated and all hay bales have been removed. The as-built plan has been submitted. The Commission agreed that the work was acceptable and agreed to grant the Certificate of Compliance.
David Coppes made a motion to approve and issue the Certificate of Compliance for work satisfactorily completed at 58 Randall Road in compliance with File No. 299-0105. Kathy Sferra seconded the motion and it was passed unanimously.
Discussion Radant Technologies
Vegetation Management Plan
225 Hudson Road (R-2 #1-1, 1-2)
The public hearing was opened on April 19, 2011 and continued to facilitate a site review, which was conducted on Sunday, May 1, 2011. The applicant is seeking approval of a Vegetation Management Plan for an existing 1600-foot outdoor Radio Frequency testing range located behind the Radant building. The range, which was previously cleared, contains portions of many resource areas including riverfront area associated with a perennial stream, bordering wetlands and buffer zone, which have since overgrown.
The Commission had a difficult time finding a format in which to allow long-term cutting. Plans utilized for utility companies, airports, etc. did not apply to this situation. The Commission decided to continue the hearing in order to research this item further.
David Coppes made a motion to continue the public hearing to June 7, 2011 at a time to be determined regarding Notice of Intent (#299-532) submitted by Radant Technologies, 225 Hudson Road (R-2 #1-1, 1-2). Kathy Sferra seconded the motion and it was passed unanimously.
Enforcement Issue
265 Gleasondale Road (R-11 #7A)
Due to complaints received in the office, Doug Moffat conducted a site inspection to confirm that the residents at 265 Gleasondale Road were working within the buffer zone of the wetland without a permit from the Conservation Commission.
Moffat did notice that it appears the homeowner has done some bulldozing on the property. He noted that there were approximately three dump truck loads of dirt at the top of a bank. Moffat witnessed water was running down this pile. He added that the septic leach field had been seeded, but there were many bare spots remaining.
The owner, Robert Bradway, will be notified and required to attend a future meeting of the Commission to address this issue.
Enforcement Issue (#299-518)
Athens Road & Goshen Lane (R-2 #4&5)
Pat Perry reported to the Commission that Mr. Balzotti, a representative of Mr. Quirk, stopped by the office this past week to notify the Commission that Gerry Carr would be assessing the site and starting work. Pat Perry informed him that his verbal notification was not adequate and that a formal written notification would be required from Carr.
The Commission decided that since ample time had been allotted for work to begin and that had not occurred, a fine should be issued. The Commission asked Perry to draft a letter explaining that if work does not commence by the date of the Commission’s next meeting, June 7, 2011, an additional fine would be issued.
David Coppes made a motion to issue a $300 fine for non-compliance with File No. 299-0518 for restoration work at Robert Quirk’s property at Athens Road and Goshen Lane. Doug Moffat seconded the motion and it was passed unanimously.
Enforcement Issue (#299-0514)
277 Sudbury Road (U-3 #19)
Pat Perry mailed Gary Shimmell a letter requesting that a planting plan be submitted to the Commission by May 17, 2011. That has not been received. The Commission decided to request a plan to be submitted by the next meeting, June 7, 2011. If a plan is not received by that time a fine will be issued.
Kathy Sferra made a motion to issue an enforcement order and request that Gary Shimmell submit a stamped planting plan for 277 Sudbury Road by June 7, 2011. A fine will be issued at the next meeting of the Conservation Commission if Shimmell fails to submit the plan as requested. David Coppes seconded the motion and it was passed unanimously.
Linear Retail/Stow Shopping Plaza
117 Great Road (R-30 #13A)
Pat Perry notified Linear Retail to submit a Notice for the restoration of the slope at the fire pond at the rear of the Shopping Plaza by May 17, 2011. Perry did receive a plan but was not satisfied with it, as they were attempting to re-use an existing plan. Pat Perry has made Planning Board aware of these issues with Linear. Perry also notified Linear that they still needed a Certificate of Compliance for the installation of the sewer line, which is conditioned under a separate Order of Conditions.
Enforcement Issue
C.W. Fuels/Dunkin’Donuts (#299-0528)
626 Great Road at Hudson Road (R-10 #41)
The Commission previously discussed problems with plantings on the property and vehicular activity in the rear of the building near the Elizabeth Brook. Pat Perry noted that this organization has two open Orders of Conditions with which they clearly are not in compliance. It was decided that the Commission should conduct a site inspection and Kathy Sferra volunteered to visit the site, write a report, submit photos and report her findings to the Commission. Pat Perry will supply her with site plans and Orders of Conditions.
Enforcement Issue (#299-0274)
152 Barton Road/DeWolfe (U-2 #14)
No action.
Center School (#299-0274)
152 Barton Road/DeWolfe (U-2 #14)
Perry reported that a site inspection requested by Craig Martin was conducted on May 10th to view reportable spills from equipment. Perry spoke with Joe Stella by phone who stated that he reported the spills to DEP. Pat Perry confirmed that Stella did report the spill. Stella is contacting an environmental company to test the sites and report what needs to be done. Perry informed Stella that she would like copies of the environmental company’s findings.
Land Steward Contract Renewal
Pat Perry informed the Commission that Bruce Trefry, who has been the Land Steward for the Commission for the past six years, is willing to renew his contract at the same pay rate. The Commissioners commented on the outstanding work performed by Trefry. The Commission discussed the possibility of Trefry working with volunteers. Pat Perry explained that the Stow Conservation Trust (SCT) utilized volunteers, but our insurance carrier frowns upon it.
David Coppes made a motion to renew the Conservation Commission Land Steward Contract for Bruce Trefry for another three years. Kathy Sferra seconded the motion and it was passed unanimously.
Agricultural Use of Conservation Land at Tuttle Lane and at Arbor Glen
Pat Perry reported to the Commission that Leonard Rodriguez of Waltham is interested in leasing three of the ten acres available. He has spoken with Perry and plans to farm crops such as corn, potatoes, peppers, tomatoes, etc. Rodriguez would be permitted to use water from the fire pond on site to water crops. He has agreed to keep the edges of the property mowed for walking paths.
Pat Perry reported to the Commission that Steve Mong, Applefield Farm, would like to sign the licensing agreement to farm the land at Arbor Glen (Phillip Noonan Field) near the Bose property. He is interested in farming the land for at least the next 12 years, but licenses can only be issued at a six-year maximum. It was recently approved at Town Meeting to allow the Commission to issue six-year renewable license agreements. Mong has agreed to add the Conservation Commission to his insurance rider. Mong has paid for screening of large volumes of loam from the Arbor Glen development to be added to the fields.
David Coppes made a motion to approve a one-year agricultural license as drafted and amended for Leonardo Rodriguez to farm three acres at Tuttle Lane and a six-year agricultural license as drafted and amended for Steve Mong to farm the property adjacent to Arbor Glen (Phillip Noonan Field). Kathy Sferra seconded the motion and it was passed unanimously.
Adjournment
Kathy Sferra made a motion to adjourn the meeting at 9:45 PM. David Coppes seconded the motion and it was passed unanimously.
The Commission adjourned at 9:45 PM.
Respectfully submitted,
Patricia R. Perry
SCC Coordinator
Maureen Trunfio
SCC Secretary
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