Stow Conservation Commission
Minutes
October 18, 2011
A meeting of the Stow Conservation Commission was held at the Stow Town Building, 380 Great Road, Stow, Massachusetts, on October 18, 2011 at 7:30 in the evening.
There were present: Rebecca Mattison, Chair
David Coppes
Ingeborg Hegemann Clark
Doug Moffat
Kathy Sferra
Absent: Helen Castles, Vice 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.
Approve Minutes
David Coppes made a motion to approve the minutes of October 4, 2011 as drafted and amended. Doug Moffat seconded the motion and it was passed unanimously.
Request for Determination of Applicability
90 Taylor Road (R-8 #11)
At 7:45 PM Rebecca Mattison opened the public hearing for a Request for Determination of Applicability filed by Nicolas Dimopoulos for site grading work associated with a proposed septic system at 90 Taylor Road. David Coppes reviewed the application on behalf of the Commission. Steve Poole of Lakeview Engineering presented to the Commission. Dimopoulos, the property owner, was present.
Poole stated that a portion of the site grading associated with the proposed septic system is located within the 100-foot buffer zone from the wetlands. This area is approximately 750 sf in area and is required for the proposed breakout fill related to the system design. The finished slope will be loamed and seeded for stabilization purposes.
Dave Coppes stated that his concern was that there appeared to be refuse, such as brick, concrete and asphalt, mixed in with the fill that the applicant intends to spread. The fill was not on site when the plan was drawn. Dimopoulos told the Commission that all dirty fill will be trucked off site before the project begins. Coppes also concerned that invasive plant species could take over the site in areas where the earth had been disturbed. The Commission reminded Dimopoulos and Poole to be sure that erosion controls are far enough below grading work to control runoff.
No public comment.
Kathy Sferra made a motion to close the public hearing for a Request for Determination of Applicability filed for proposed grading work associated with a proposed septic system at 90 Taylor Road. David Coppes seconded the motion and it was passed unanimously.
Kathy Sferra made a motion to issue a Negative 3 Determination approving the Request for Determination of Applicability filed for proposed grading work associated with a proposed septic system at 90 Taylor Road. David Coppes seconded the motion and it was passed unanimously.
Highgrove Estates/Plan Modification
The Commission received an email from Rich Harrington, P.E. at Stamski & McNary, Inc., requesting approval for a minor plan modification to increase the road width as shown on the plan to 16 feet in the interest of public safety. The Planning Board (PB) and Sue Carter. Planning Board’s consulting engineer, support this modification.
Harrington and Carter confirmed that this change would not affect the width of the wetland crossing. The Commission voiced concern about extra run off. Harrington states in his letter to PB that he has updated the drainage calculations to reflect the slight increase of 0.03 acres of pavement area to the two basins at the entrance and has determined that the as-built storage volumes in these basins can handle the slight increase in runoff, since they have a larger storage capacity than the design. Perry reported that the Planning Board approved the increase of the road width as “a minor red-line plan modification”. The Commission is secure with the fact that the as-built plan will serve to demonstrate changes and have no objection to the Planning Board’s the red line modification and will not request a formal filing
with the Commission.
Certificate of Compliance Request (#299-0437)
Pulte Homes/Arbor Glen (R-10 #55&56)
Pat Perry reported that the Planning Board has no issue with the drainage swales at Arbor Glen and the members from the Homeowners’ Association that attended the Planning Board meeting have no issue. 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 Arbor Glen in compliance with Order of Conditions File No. 299-0437.
Kathy Sferra seconded the motion and it was passed unanimously.
Hale Cove Restoration (#299-0536)
Abutter Complaint
Phil Winin of 32 North Shore Drive, visited the Conservation Commission office on October 7, 2011 and submitted photos he took depicting concerns that he has with regard to the cove restoration at 11 Hale Road. Winin attended the initial public hearing on June 7, 2011 and voiced concern with possible water flow toward his home. Kent Seith, the homeowner in charge of the restoration, assured Winin at the time that there would not be water flowing toward his home. Seith, at that time, told Winin that he would be responsible for fixing any problems that impacted Winin’s property. Seith was present at this evening’s meeting to address concerns raised by Winin. Mr. Winin was not in attendance.
None of Winin’s four photos demonstrated problems associated with areas on his property. One photo claimed that Seith had “filled” the shoreline along the cove. Seith replied to that complaint by stating that he had simply evened the shoreline to the dock and had not extended the shoreline at all. Prior to the project there was vegetation on the shoreline. Seith was allowing time to see what re-vegetated on its own. The Commission suggested Seith plant seed now, during the warm fall weather. In the event that seed does not germinate, a small stone barrier should be installed to keep soil from eroding due to wave action.
In another photo, Winin depicted a pile of dirt that was left after the restoration. Winin claimed this pile was eroding into the lake. Seith said he had planned to spread the dirt as needed and that he would spread it now, if necessary. He added that the pile is not as large as it appears in the photo. The Commission noted that the pile of dirt was not within the 100-foot buffer zone to the lake.
Pat Perry agreed to send a letter to Mr. Winin explaining the findings at this meeting. She will invite him to meet with the Commission if he has any further concerns regarding this project.
Abutters Laura Anne and Tom Amacetti were present and spoke in support of Seith. They stated that the fish activity and clarity of the water has improved greatly since the restoration.
Lake Boon Drawdown
The Lake Boon drawdown is underway. Perry reported that there seems to be some confusion on the part of Lake Boon Commission (LBC) as to compliance with the Orders (DEP & Bylaw). Perry had invited the LBC to attend this evening’s meeting but had not received a response from them.
The Conservation Commission took two readings. They found that in 11 days there was a recorded drop of 0.10 feet (1.2 inches).~ The permitted rate is 3 inches per week.~ Clearly the rate of discharge is not enough to draw down at the prescribed rate stated Coppes. The Commission agrees that another 6-inch board should be removed.
The Order of Conditions requires that the LBC be responsible for measurements. The Commission would like to see this information plotted and available to the public.
Athens Lane
No action.
Center School Building Project
Ingeborg Hegemann Clark received a call from Joe Stella informing her that they have hired a new contractor, Ernest Guigli & Sons, from Natick to replace Cincotta.~ Ernest Guigli & Sons will
Start by checking all erosion and sedimentation controls.
Stella asked if Hegemann Clark would be interested in meeting with them.~ They have a tentative meeting time for 8 am on Thursday, October 20, 2011.~ Clark reported that Stella indicated that he thought that Cincotta had completed the stream clean up and was about to start on the wetland mitigation associated with the setback.~ He wants to check the stream on Thursday as well as discuss the wetland mitigation. Stella said he would send Hegemann Clark an email to confirm a meeting on Thursday and would copy the Building Inspector.
67 Elm Ridge/Red Acre Woodland
Mr. Herbst met with Jack Wallace of the Board of Health on October 14, 2011. He has agreed to remove the fence from Stow Conservation Trust property. A permit from the Zoning Board of Appeals may be required to keep the fence on the property line.
Cancellation of November 1, 2011 Meeting
The Conservation Commission agreed to cancel the previously scheduled November 1, 2011 meeting.
Captain Sargent Farm Land
Leonardo Rodriguez has farmed three acres on Tuttle Lane during this past summer. He has requested permission to renew his farming license for 3-6 years. He is presently applying for a loan from the Mass Development/Carrot Project Small Farm Loan Program. He hopes to get enough money to purchase a tractor to work the land. If he succeeds, he has expressed interest in farming the entire five acres. Pat Perry, Maureen Trunfio and Joyce Bunce, Community Gardens Steward, have watched Mr. Rodriguez excel as an organic land steward during the past growing season. He has been quick to assist fellow
gardeners and to donate food to the local food pantry. Pat Perry recommended that the Commission agree to renew Mr. Rodriguez’s license and they agreed to do so on her recommendation.
OARS Elizabeth Brook Phosphorus Findings
Ingeborg Hegemann Clark updated the Commission on her discussion from October 17, 2011 with Alison Field Juma, Executive Director of the Organization for the Assabet River (OARS) Hegemann Clark sent Rebecca Mattison’s recent report to Field Juma, and she believes that there is a possibility that the original number of total phosphorus could be correct due to the fact that it was a high storm period and the fact that total number being measured was particulate phosphorus. Field Juma added that because the measurements were taken in March, high levels could be the result of a rain event with snow melts carrying sediment off the road; it could be coming from erosion along stream banks or it could be coming from the golf course. Field Juma said it is worth asking the questions, “What is the source?” and “Where is the
source?”
Mattison said she would like to know where they took the measurement because there are three golf courses in the vicinity of the river. Field Juma said that one of their board members has a new partner who was the Project Manager for the TMDL Report. She will ask him to check into it. Field Juma said she is willing to come and talk to the Commission to determine, together, what the Commission would like to do. She added that since Stow has been commenting on the phosphorus loading from sewage treatment facilities, and because Stow produces phosphorus of our own, it would be responsible for the Commission to look at our own phosphorus contribution and plan a course of action.
Field Juma said that Jack Wallace, Stow Board of Health Agent, is interested in being included in discussion with regard to the phosphorus levels. The Commission wondered if Field Juma might be aware of sources of grant funding [relating to lowering phosphorus levels] that could be pursued.
27 Barton Road
Pruning and Invasive Species Removal
Pat Perry reported that Greg Carbone of Bartlet Tree Co. called to discuss pruning and removal of invasives such as bitterswett and multiflora rose at 27 Barton Road. He has requested that Perry accompany him on the property prior to any tree work. Perry noted that the property was within the 200 foot Riverfront of the Assabet River. The Commission recommended that Pat Perry ask Mr. Carbone to submit in detail his proposal for pruning and removal of invasives such as bitterswett and multiflora rose detailing his methods. No vista pruning is permitted in the Riverfront without a permit from the Commission and no broad based spraying of a herbicide will be permitted. Perry stated that the Commission should develop a set of standard guidelines for homeowners interested in removing invasives and whether or not a
permit from the Commission would be needed. Kathy Sferra agreed.
6 Cider Mill Road
Possible Wetland Violation
It was brought to the attention of the office of the Conservation Commission that
Jonathan Olszak, the owner of 6 Cider Mill Road, has been building a boardwalk across the stream to the rear of his property and possibly clearing trees within the a wetland resource. The plan shows that there is a 35-foot No Disturb Zone associated with 6 Cider Mill Road. The Commission asked Pat Perry to send a cease and desist letter via Certified Mail and ask Mr. Olszak to meet with the Commission at their November 15, 2011 meeting.
212 Harvard Road
Request to Remove a Tree
The property owner at 212 Harvard Road, met with Perry regarding removal of one deciduous tree and plant arborvitae for privacy at the rear of his property 60 feet away from the existing stream. He has submitted a letter and sketch. Perry stated that here would be no impact to the stream and recommended allowing the plantings of the arborvitae and the Commission concurred.
Adjournment
David Coppes made a motion to adjourn the meeting at 9:02 PM. Ingeborg Hegemann Clark seconded the motion and it was passed unanimously.
The Commission adjourned at 9:02 PM.
Respectfully submitted,
Patricia R. Perry
SCC Coordinator
Maureen Trunfio
SCC Secretary
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