Stow Conservation Commission
Minutes
August 2, 2011
A meeting of the Stow Conservation Commission was held at the Stow Town Building, 380 Great Road, Stow, Massachusetts, on August 2, 2011 at 7:30 in the evening.
There were present: Helen Castles, Vice Chair
David Coppes
Ingeborg Hegemann Clark
Kathy Sferra
Absent: Rebecca Mattison, Chair
Doug Moffat
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.
Highgrove Estates
Jim Fenton, builder of Highgrove Estates on West Acton Road, met with the Commission to discuss deed restrictions placed on building lots with portions located in Acton. The Commission also wanted to discuss establishing a joint account with Planning Board to cover inspections at Highgrove by Sue Carter, consulting engineer for Planning Board.
Fenton said that Tom Tidman, Conservation Commission Director for the Town of Acton, informed him that Stow could not put deed restrictions on property located in Acton. Kathy Sferra stated that she had raised the question with Town Counsel, Jon Witten prior to this evening’s meeting. Sferra told Fenton that according to Witten, in this case, the Town of Stow could place deed restrictions on property in Acton. The Commission decided, however, to require deed restrictions on the portions of the lots located in Stow to have deed restrictions. The portions in Acton would remain free of any restrictions. The Commission found that language written into the Conservation Commission’s restriction was written in a vague manner that may or may not indicate that parcels in Acton were restricted. Therefore, the language written
by Conservation Commission can remain the same. The language written into Planning Board’s (PB) permit was more specific and may need to be revised.
Fenton agreed to allow a joint account with Planning Board and Conservation Commission for wetland inspections by the Planning Board’s engineering consultant, Sue Carter. Mr. Fenton signed the letter and a copy will be given to Planning Board.
Fenton asked the Commission’s permission to mix loam from the Center School building site with soil at Highgrove to fill around the newly constructed roadway. Concerns arose because it is known that there is arsenic in the soil. The Commission declined to respond that Fenton would have to make that decision, however the Commission requested Pat Perry get a copy of the soil report from Craig Martin, Building Inspector.
C.W. Fuels/David Lorden
626 Great Road/R-10 #41
Mr. Lorden’s $300 fine was to be paid by July 25, 2011 and he had until July 30, 2011 to request a meeting with the Commission. The request to remove the parking signs has not been obeyed. There has been no response to the Commission’s last letter. No action taken.
Planting Plan
277 Sudbury Road/U-3 #19
Mr. Shimmel was asked to appear before the Commission at this meeting. He did not contact the office or appear at the meeting. The Commission decided to issue an Enforcement Order with no fine and request that Mr. Shimmel appear before the Commission at the August 16, 2011 meeting and provide evidence of slope stabilization. A copy of the Enforcement Order will be sent to the homeowners as well.
Ingeborg Hegemann Clark made a motion to issue an Enforcement Order to Gary Shimmel regarding non-compliance of the Order of Conditions and appear before the Commission on August 16, 2011. Kathy Sferra seconded the motion and it was passed unanimously.
Certificate of Compliance Request (#299-0351)
120 Barton Road (U-2 #4)
Daniel James contacted the office requesting a Certificate of Compliance for his property and submitted site photos. 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 120 Barton Road in compliance with Order of Conditions File No. 299-0351.
Kathy Sferra seconded the motion and it was passed unanimously.
Certificate of Compliance Request (#299-0437)
Arbor Glen/79 & 81 Hudson Road (R-10 #55 & 56)
The Commission, upon site inspection, found one swale behind Unit 4 that was not properly conveying stormwater. The homeowners’ association has offered to cut the grass in the swale area. The Commission would like Pat Perry to send a letter to Pulte Homes requesting that they take corrective action. The Commission decided not to issue a Certificate of Compliance at this time.
Kathy Sferra made a motion to send a letter to Pulte Home of New England requesting corrective action on the swale behind Unit 4 at the Arbor Glen site. David Coppes seconded the motion and it was passed unanimously.
Order of Conditions (#299-0538)
Delaney Street (R-4 #28-2)
The Commission closed the public hearing on July 19, 2011. Helen Castles has drafted the special conditions for review by the Commission. Amendments were made and included in the final Order.
Kathy Sferra made a motion to approve the special conditions as drafted and amended and issue the Order of Conditions File No. 299-0538 for a previously built road at Delaney Street. Ingeborg Hegemann Clark seconded the motion and it was passed unanimously.
Order of Conditions (#299-0539)
222 Barton Road (U-2 #35)
The Commission closed the public hearing on July 19, 2011. Kathy Sferra has drafted and the special conditions for review by the Commission. Amendments were made and included in the final Order.
David Coppes made a motion to approve the special conditions as drafted and amended and issue the Order of Conditions 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 dock at 222 Barton Road. Ingeborg Hegemann Clark seconded the motion and it was passed unanimously.
Issue Order of Conditions
Radant Technologies (#299-0532)
255 Hudson Road (R-2 #1-1, 1-2)
The Commission closed the public hearing on July 19, 2011. David Coppes has drafted the special conditions for review by the Commission. Amendments were made and included in the final Order.
David Coppes made a motion to approve the special conditions and drafted and amended and issue the Order of Conditions for a Notice of Intent filed by Radant Technologies for a proposed Vegetation Management Plan at 255 Hudson Road. Kathy Sferra seconded the motion and it was passed unanimously.
RidgeWood Estates
Planning Board has requested the Commission review and comments for a definitive subdivision plan for the Active Adult Community proposed at RidgeWood Estates on Boxboro Road. The reasons for the subdivision is so the developers can sell the detached units a individual homes with lot lines, rather than as condominiums with exclusive use areas. The proposal will not alter the previously approved site development plan or the total number and type of units to be constructed.
Pat Perry questioned whether the developer needed to file new plans with the Commission. The Commission decided that if the plans appear exactly the same in terms of wetlands and open space, the developer would not need to file for an amendment. David Coppes agreed to do a side-by-side comparison of the plans and will inform the Commission of his findings at a future meeting.
Approval of Minutes
Kathy Sferra made a motion to approve the minutes of June 7, 2011 as drafted and amended. David Coppes seconded the motion and it was passed unanimously
Kathy Sferra made a motion to approve the minutes of June 21, 2011 as drafted and amended. Ingeborg Hegemann Clark seconded the motion and it was passed unanimously.
Adjournment
Ingeborg Hegemann Clark made a motion to adjourn the meeting at 9:30 PM. David Coppes seconded the motion and it was passed unanimously.
The Commission adjourned at 9:30 PM.
Respectfully submitted,
Patricia R. Perry
SCC Coordinator
Maureen Trunfio
SCC Secretary
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