Stow Conservation Commission
Minutes
April 5, 2011
A meeting of the Stow Conservation Commission was held at the Stow Town Building, 380 Great Road, Stow, Massachusetts, on April 5, 2011 at 7:30 in the evening.
There were present: Rebecca Mattison, Chair
Helen Castles, Vice Chair
David Coppes
Doug Moffat
Kathy Sferra
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.
March 15, 2011 Minutes
Helen Castles made a motion to approve the minutes of March 15, 2011 as drafted. David Coppes seconded the motion and it was passed unanimously.
Notice of Intent (#299-0531)
55 Lantern Lane (R-4 #10)
At 7:50 A.M. Rebecca Mattison opened the public hearing for a Notice of Intent filed by
Peter Millholland for a proposed addition to his home. Doug Moffat reviewed the Notice of Intent and conducted the site inspection on behalf of the Commission. The applicant presented along with Rebecca Coldwell and his contractor, Christopher Stockman.
The applicant plans to remove the existing deck at the rear of the house and construct an addition on approximately the same footprint. Another addition is planned to the side of the house including a full foundation. The parcel is entirely within the first 100-foot buffer of the Elizabeth Brook. (Floodplain & Riverfront).
The Commission deemed it necessary to install erosion control due to the heavy equipment that will need to come into the area to dig the foundation. The Commission informed Stockman that straw bales are preferable to hay bales because of the invasive seeds that may be present in hay. Stockman told the Commission that he’d like to stockpile on site the soil that is dug. The Commission approved stockpiling but informed him that the stockpiled site must be inside a straw bale erosion controlled area and that the bales must curve uphill to contain any runoff. The Commission explained that the stockpiled area must be a minimum of 35 feet from the water’s edge. Stockman said he would locate it 40 feet from the edge. The Commission asked Stockman to add a drawn line to the submitted plan that will indicate where the erosion
controls would be located. The line can be referred to when discussing the plan, which will make writing the conditions simpler.
Doug Moffat made a motion to close the public hearing for a Notice of Intent filed by
Peter Millholland for a proposed home addition at 55 Lantern Lane. Helen Castles seconded the motion and it was passed unanimously.
David Coppes made a motion to approve and issue the Order of Conditions File No. 299-0531 for a home addition within the 100-foot buffer zone at 55 Lantern Lane as drafted. Ingeborg Hegemann Clark seconded the motion and it was passed unanimously
Encroachment/67 Elm Ridge Resident
Red Acre Woodland, SCT Land
Stow Conservation Trust (SCT) members requested a meeting with the Commission to discuss the lack of cooperation from the residents at 67 Elm Ridge Road, David and Shelly Herbst, in removing encroachments on Red Acre Woodland (SCT land). The SCT seeks advice in the proper steps to rectify the situation.
Don Rising and Chris Rodstrom represented the SCT and informed the Commission that the owners of 67 Elm Ridge have a corral that extends onto SCT land and a manure pile that is completely on SCT land. SCT would like to have the manure pile moved and the fencing of the corral moved back to the owners’ property line. Rising reported that Jack Wallace of the Stow Board of Health recently met with the owners to determine a plan to solve the discrepancy. The SCT felt that Wallace made progress. Wallace also spoke with the Building Inspector regarding relocating the corral fence and Dwight Sipler of the Agriculture Commission with regard to removal of the manure.
The Commission suggested to SCT representatives that all conversations with the owners be documented. The SCT is hoping that the manure pile and fence will be moved by the end of April.
Rising stated that since the SCT owns the land and the Conservation Commission holds the conservation restriction that getting the Herbst into compliance is a combined effort. SCT stated that they notified the Herbst of the encroachment over a year ago. SCT submitted a document titled “Stow Conservation trust – Red Acre Woodlands Encroachment Statement” which include recent steps taken by SCT in getting the encroachments removed from Red Acre Woodland.
Restoration Project
11 Hale Road
Kent Seith, 11 Hale Road, requested an informal meeting with the Commission to discuss the requirements involved with filing an application with the Commission for a permit to dredge an area in Lake Boon off Hale Road for better access to the lake by the homeowners. The property being discussed is a cove in the second basin. Donald O’Connell of 7 Hale Road presented with Seith. Present in the audience were: Tom Amichetti, 9 Hale Road, Laura Marseglia, 9 Hale Road, Scott Abrutyn, 19 Hale Road and Bayse Hendrix, 15 Hale Road.
Seith stated that the opening used to be around 40’ wide. Opening it up to allow water to circulate would have a positive impact to the health of the pond. He told the Commission that he would want to remove approximately 10-12 feet of bank, opening the channel just enough so the flow will come in and out and boats could come and go. The depth that would need to be removed would be approximately 3-4 feet. He reported that the water quality has degraded because of the lack of flow. He reported that in 2010 there was an oily substance floating on this area of the basin that was disturbing.
The Commission asked if any trees would need to be removed. Seith showed two birches on photos presented that he thought might need to be removed. Seith said the neighbor,
Michael Latz, 21 Hale Road, was on board with the removal of the trees.
The Commission stated its concern and questions as to how the Army Corp. of Engineers views restorations. Would a Federal Permit be required? It was decided that the Chapter 91 Waterway Laws would likely not apply to this project since the lake is an expanded Great Pond and the work is occurring outside of the original Great Pond. O’Connell wondered if the project could be classified as maintenance rather than restoration. The Commission informed him that it would be considered restoration and would require a Notice of Intent application. Seith claimed that the area to be worked upon is well under 100 cubic yards; it measures approximately 43 cubic yards.
O’Connell reported that the water level of the pond is generally higher than the lake. The Commission explained that when dredging below grade, some sort of dam or barrier is going to have to put in place so water doesn’t flow out. A constant flow of water would force silt out into the lake. Seith said he thought it would be a wet project since there is no time of the year that there is a low-water situation. The Commission suggested putting some kind of control upstream so silt could be controlled and pulled out. The Commission told Seith that something like a small sump pump would most likely be adequate.
The Commission next addressed the question of removal of the “dirt” that will be pulled up from the area. Seith stated that he had the idea of placing a large screen on the ground, dumping removed “dirt” on the screen in which case the water would flow through. Next the screen would be pulled up and the “dirt” could be moved out. The Commission informed Seith of the need for straw bales at this site where the screening would take place. Seith asked if the remaining dirt would need to be trucked out of town. He told the Commission that he has a place in mind at the top of his property where an existing depression would act to dewater and control sediment. The Commission explained the use of straw bales at the top of the property where the dirt would be sitting. Seith explained that the area is
naturally bermed. Seith talked about the sinking of one side of the road on D Street. He thought the remaining dirt might be used as fill for that side of the road.
Seith said that they have support for this project from Lycott Environmental who does the lake management on Lake Boon. He added they also have support from the Lake Boon Commission and Association. All five homeowners with properties on the cove are in favor of the project, according to Seith. All homeowners present were informed that a Notice of Intent application and public hearing would be required for the Commission to entertain the restoration project.
Certificate of Compliance (#299-0431)
Stow Acres Country Club Pave Existing Parking Lot/58 Randall Road (R-11 #37A)
The Commission issued an Order of Conditions for the paving of an existing parking lot that included a storm water management system to control runoff. No paving was proposed within the 35-foot No Disturb Zone. In conjunction with the project the applicant agreed to clean up junk/trash in areas adjacent to the proposed work. Doug Moffat conducted the site inspection on behalf of the Commission. There was confusion as to the original location of the junk/trash to be removed under the Order. Dave Coppes and Doug Moffat will conduct another site inspection. No further action was taken.
Certificate of Compliance (#299-0105)
Stow Acres Country Club Driving Range /58 Randall Road (R-11 #25)
In 1988 the applicants expanded the existing driving range without a permit from the Commission. A cease and desist was issued and the applicants were ordered to file a Notice of Intent for the work already completed. Pat Perry inspected the site and recommend the Commission issue a Certificate of Compliance, however Commission members wanted to verify that the applicant left a 30 foot vegetated buffer from the wetland. Ingeborg Hegemann Clark and Kathy Sferra volunteered to conduct a site inspection. No further action was taken.
Center School Building Project
Building Site Progress Report (DEP# 299-0516)
The Commission received a progress report from P.J. Stella Construction Company as requested. The frac tank has been delivered and inspected by Ingeborg Hegemann Clark and Glenn Davis says that the water is running clear. Hegemann Clark reviewed the SWPPP reports and concluded that more information be provided. This should include rain events and simple, hand-sketched changes to the site on a small version of the site plan with notations such as, “eliminated,” “restored,” etc. would be sufficient.
Arbor Glen Public Easement
Pulte has submitted a request for a Certificate of Compliance. Pat Perry requested that the Commissioners schedule a time to conduct the site inspection. Members of the Homeowner’s Association have requested that they be allowed to attend the Commission’s site walk. The Commission decided to hold off on the walk until the Commission receives the acceptance of the finalized language by Town Counsel and Planning Board for the public easement.
Kirkland Drive Pond Herbicide Treatment (R-5 #8-16)
Year-End Report (#299-0517)
Dan Foster, 24 Kirkland Drive, hand delivered materials to the Conservation Commission Office. This included educational flyers that were sent out to the homeowners for weed management as well as copies of newspaper articles. Condition #30 states: This Order of Conditions is valid for three years. However, each year’s herbicide program cannot be applied until approved by the Stow Conservation Commission. The Commission has the right to modify this Order of Conditions after public notice and a public hearing based upon the results of the herbicide application. Pat Perry informed the Commission that it appears that the homeowners are taking the Orders seriously and have been diligent with meeting conditions required in the OOC. The Commission agreed that if a spot treatment is the only application
required this spring, a meeting need not occur.
Crescent Street (U-10 #25A)
Lot for Sale
Lot 2 Crescent Street is currently for sale and the owners are inquiring whether the town is interested in purchasing the 3.26 acre undeveloped lot which included 1.8 acres of Ministers Pond (zoned half residential and half RC). The Commission wondered if Malcolm Fitzpatrick’s land, adjacent to this parcel, might soon be available for purchase. The Commission suggested that the Open Space Committee take a closer look at the parcel and make recommendations.
Tuttle Lane Agricultural Land
The Commission has received two letters of interest in farming the large ten-acre parcel of agriculture land on Tuttle Lane. One party interested is a vegetable farmer looking to farm five acres. The second party is Shelburne Farm of West Acton Road. They are interested in ten acres. The Commission requested that the applications be included on the April 19th agenda for consideration. No further action was taken.
Assignments
David Coppes volunteered to conduct the site inspection at Radant Technologies, 225 Hudson Road for a Notice of Intent application for a Vegetated Management Plan.
Adjournment
Ingeborg Hegemann Clark made a motion to adjourn the meeting at 9:40 PM. Kathy Sferra seconded the motion and it was passed unanimously.
The Commission adjourned at 9:40 PM.
Respectfully submitted,
Patricia R. Perry
SCC Coordinator
Maureen Trunfio
SCC Secretary
| 
