Stow Conservation Commission
Minutes
July 19, 2011
A meeting of the Stow Conservation Commission was held at the Stow Town Building, 380 Great Road, Stow, Massachusetts, on July 19, 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.
Request for Determination of Applicability
Crow Island Boat Launch
At 7:35 PM Helen Castles opened the public hearing for a Request for Determination of Applicability filed by Bernard Donahue for a proposed person-powered boat and safety equipment rental business at Crow Island. Donahue presented to the Commission.
A revised plan was submitted showing that the boats will be stored at the North end of Crow Island. Rob Albright the property owner due to the runway will determine parking area. No improvements are proposed for the existing boat ramp. The maximum number of boats will be 25. Safety equipment will be stored in 60-gallon tubs. Donahue questioned the use of the boat ramp at White Pond Road Bridge. The Commission thought permission would need to be granted via a special permit issued by Planning Board (PB). Boats will be brought in on a trailer and stored on Crow Island. The Commission insisted that Donahue clean the boats before they are brought in to be sure that new invasive weed fragments are not introduced into the Assabet River. Donahue agreed.
David Coppes made a motion to close the public hearing for a Request for Determination of Applicability filed by Bernard Donahue for a proposed boat and safety equipment rental business at Crow Island. Kathy Sferra seconded the motion and it was passed unanimously.
David Coppes made a motion to issue a Negative 3 Determination of Applicability approving the Request for Determination of Applicability filed by Bernard Donahue for a proposed boat and safety equipment rental business at Crow Island with the provision that a maximum of 25 boats shall be stored on Crow Island and that boats be washed to prevent invasive aquatic species from being introduced into the Assabet River. Kathy Sferra seconded the motion and it was passed unanimously
Certificate of Compliance
120 Barton Road (OOC 299-0351)
The attorney for Daniel James contacted the office requesting assistance with the completion of a Certificate of Compliance for his property. The Commission waived the requirement for an as-built plan prepared by a registered professional engineer since the original submittal was based and approved on a plan sketched by hand. The project included adding an addition to the front of the existing home in 2002 and a new drilled well. This item will be on the agenda for the Commission’s August 2, 2011 meeting.
Center School Building Site
Ingeborg Hegemann Clark told the Commission that she intends to send a stern letter to Joe Stella with a copy to the Stow Board of Health emphasizing the fact the spills have not been properly addressed. She feels that the fact that this is a school for young children obligates the Commission to feel confident that dangerous spills are handled promptly and professionally. Pat Perry has been trying to reach the builders and obtain a response, to no avail. Hegemann Clark told the Commission she would also call Joe Stella regarding these issues.
At the Commission’s May 5, 2011 meeting it was determined that when the water level was low, a restoration should be done to the stream. Hegemann Clark will discuss this issue with Stella.
The Commission felt that SWPPP reports needed to be sent to the Commission more regularly.
Vote to Approve Letter to OARS
The Commission voted to approve the letter of support for the Organization for the Assabet River dated July 11, 2011 drafted by Ingeborg Hegemann Clark for a grant proposal for water chestnut removal the Assabet River proposal.
David Coppes made a motion to ratify the letter to OAR regarding Water Chestnut removal. Kathy Sferra seconded the motion and it was passed unanimously.
Vote to Approve Memo re: Deerfield Lane Article 97 Petition
The Commission voted to approve the July memo drafted by Kathy Sferra regarding the Deerfield Lane Article 97 Petition. The letter was addressed to Rep. Kate Hogan, House Counsel, Bob O’Connor, EOEEA and Irene DelBono, EOEEA.
Ingeborg Hegemann Clark made a motion to issue the July memo regarding Deerfield Lane Article 97 Petition. David Coppes seconded the motion and it was passed unanimously
Vote to Approve Letter to Sudbury Valley Trustees
The Commission voted to approve the letter written by Pat Perry regarding a Conservation Partnership Grant for the Corzine property.
Kathy Sferra moved to authorize Pat Perry to send a letter to the Sudbury Valley Trustees regarding a Conservation Partnership Grant for the Corzine property. David Coppes seconded the motion and it was passed unanimously
Vote to Approve Letter to Jim Fenton, Highgrove Estates
The Commission voted to issue the letter to Jim Fenton dated July 19, 2011 drafted by Pat Perry regarding inspection/consultant fees at Highgrove Estates.
Ingeborg Hegemann Clark made a motion to issue the letter to Jim Fenton of Highgrove Estates regarding inspection/consultant fees as amended. Kathy Sferra seconded the motion and it was passed unanimously.
Abbreviated Notice of Intent (#299-0538)
Delaney Street (R-4 #28-2)
At 8:00 PM Helen Castles opened the public hearing for an after-the-fact Abbreviated Notice of Intent (NOI) filed by FLB Management, LLC for the activity of having built a dirt road near a wetland area on Delaney Street in Stow.
The Commission members met on June 25, 2011 on site. They were interested in the survey line drawn into plan. The Commission “paced off” the distance to the edge of wetland and found that the wall was not in the wetland area. The Commission wanted to be clear that they were not approving the line as shown on the plan for future use as reference. They verified that a concrete block wall was not within 35 feet of the wetland line.
While on site, the Commission looked at the possibility of moving the roadway so that it wasn’t within the 35-foot No Disturb Zone. They concurred that it did not seem possible to move the road without ending up with some portion of the road in another wetland area. The Commission decided it was best to keep the roadway in its current location.
In order to offer public benefit and to mitigate for work with the No Disturb Zone, Balboni planted native trees at a point that would indicate the 35-foot buffer line. These trees would serve as a natural boundary and prevent accidental crossover into the buffer in the future. Planting pines, or some other non-deciduous tree, would serve as a screen for neighbors as well. Balboni has parked a water truck near the new plantings and is allowing water to trickle so the trees will survive during the hot weather. Balboni guaranteed the Commission that he would replace the trees if they die. The Commission said they would write a provision into the Order of Conditions stating that the trees must be kept alive.
The Commission considered writing a condition stating that storage will stay confined to one area. If there should be any further storage planned in 100-foot buffer, Balboni should come back to the Commission. Balboni disagreed with these restrictions. His opinion was that he would not be disturbing the land. He said he doesn’t plan to store anything near the road, but in the event his workers place something down temporarily, he does not want to be called before the Commission.
The Commission and Balboni agreed to a condition that states nothing should be stored within 50 feet of the buffer zone. Sferra came up with language stating that any storage in the area marked “storage area” would be acceptable, but the storage must be 50 feet from the wetland line.
Balboni wanted to note on the record that the number for the property is not 22 Delaney Street and he would like it recorded as simply “Delaney Street.”
There was no public comment.
Kathy Sferra made a motion to close the public hearing for an Abbreviated Notice of Intent filed by FLB Management, LLC for the approval of a previously built dirt road near a wetland area on Delaney Street in Stow. David Coppes seconded the motion and it was passed unanimously.
Notice of Intent (#299-0539)
222 Barton Road (U-2 #35)
At 8:25 PM Helen Castles opened the continued public hearing for a Notice of Intent (NOI) filed by Linda S. Cornell 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. Kathy Sferra reviewed the NOI and conducted the site inspection on behalf of the Commission.
Cornell and Ron Gerhard, both of 222 Barton Road, presented along with Steve Poole of Lakeview Engineering Associates. In this second presentation to the Commission, Poole displayed a revised plan that showed phasing of the project. He explained that the first phase would include installation of septic tank and pump check. The second phase would include excavation and installation of the retaining wall, pool and demolition of the shed. The third phase would include the proposed walkway. The final phase would include the demolition of house and new construction. As plan for removal of invasives was also submitted.
The Commission questioned slope restoration and Poole said that would be included in Phase III. The Commission asked where the pool would drain and Poole explained that it would drain into a dry well pit. The Commission reminded Gerhard that when planting, they would like to see more groundcover than grass and suggested a slope stabilization seed mix. Gerhard agreed.
The Commission deemed that the removal of invasive plants, as well as protecting the shoreline that is currently being washed away, would serve as public benefit to allow work within the 35-foot No Disturb Zone. They also found public benefit in the fact that the septic and leach field will be upgraded.
David Coppes made a motion to close the public hearing for a Notice of Intent File filed by Linda S. Cornell 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.
Notice of Intent
Radant Technologies (#299-0532)
255 Hudson Road (R-2 #1-1, 1-2)
At 8:49 PM Helen Castles opened the continued public hearing for a Notice of Intent (NOI) filed by Radant Technologies at 255 Hudson Road. The applicant is seeking approval of a Vegetation Management Plan for an existing 1,600-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. Rich Harrington of Stamski & McNary presented along with Bob Baldelli, an employee at Radant.
Harrington explained that they have located by survey the elevation of the tower roof receiving antennae and found that the height of the transmitting tower is 100 feet. They located the elevation of the lowest dish to establish the lowest point at which radar would be transmitted. The applicant would like permission to cut 20 feet below that line, as shown on the grid. This height is an established plan for outside the corridor.
The Commission questioned whether there would be any cutting in the area since trees at the edges of the corridor are not yet 80 feet tall. Harrington said that the height of most trees at the sides of the corridor are approximately 20 feet tall. He believed there would need to be very little cutting in there at present. He added that Radant might choose to top off trees but would most likely not cut down more than 10 trees per year. The Commission reminded them that they are required to hand-cut and leave fallen trees in place. Coppes said that he would refer to forestry regulations requiring a certain amount of slash to remain. The strip has already been altered. Radant agreed.
The Commission asked what the total square footage of tree removal and they decided that it would be less than 5,000 square feet. Harrington reminded the Commission that both sides of the corridor would remain woodland. The Commission reminded them that any cutting would need to be done under forestry management. The Commission found regulations (under the Limited Project Section 10.53) that mentioned provisions about using a certain percentage of cordwood that you cut on your own property. Radant agreed. Harrington said that they will plan to cut during the winter only.
He added that Radant would still like to have permission to clear the corridor, with the exception of shrubby growth at the bottom. The Commission questioned why Radant would need to clear the whole corridor. Baldelli explained that there is a wide range covered in radar transmission; essentially down to ground level.
In terms of public benefit, the Commission thought that cutting would allow beneficial plants to establish and provide a scrub shrub ecosystem, which is becoming rarer in Massachusetts.
The Commission suggested reducing the plan (on a copy machine) to be recorded with the Order of Conditions since this is long-term management plan. The Commission informed Radant that the maximum term they can offer is a five-year plan. Radant was reminded not to allow the Order to expire.
No public comment.
David Coppes made a motion to close the public hearing for a Notice of Intent filed by Radant Technologies,255 Hudson road for a proposed Vegetation Management Plan. Kathy Sferra seconded the motion and it was passed unanimously.
Certificate of Compliance
Arbor Glen Active Adult Community
The Commission conducted a site inspection on Sunday, July 10, 2011 to survey the area for compliance to the Order of Conditions.
There was one drainage issue behind Unit #4 (20 Arbor Glen). There is a low area between the east and westbound drainage swales that is not draining and holding stagnant water. The Commission and residents are concerned that this area wasn’t graded properly.~ The as-built plan does not show enough detail regarding these swales. The Commission suggested that additional spot elevations be sought. This is something that the developer may need to resolve. The Commission will raise it with them, as well as Planning Board. The Commission felt that a Certificate of Compliance (COC) should not be issued until this drainage issue is rectified
There was one other minor issue in the area where the drainage pipes were constructed at main path entrance to the open space with regard to a triangular area from the entrance to the bird boxes. This can be adjusted. The Commission felt that this was not an issue that should prevent the COC from being issued but instead something that the homeowners association should address.
Many of the minor issues that the Commission found related to landscape and maintenance issues. Ann Coney, of the Arbor Glen Landscape Committee, came forward to listen to the conversation regarding a Certificate of Compliance for the Arbor Glen community. The Commission spoke briefly about maintenance of trails on the property. It was decided that a group including Steve Mong, Arbor Glen residents, Arbor Glen Landscape Committee and
the Commission (including Bruce Trefry) should meet in October and establish a plan to address these points.
Bob Wilber
Invasive Plants/Conservation Lands
Bob Wilber, Chairman of the Open Space Committee, requested time to speak to the Commission regarding invasive plants on conservation lands. Wilber wanted to make clear that he was not before the Commission as a representative of the Community Preservation Committee. He wanted to inform the Commission that he is aware that the town can use Community Preservation Act funds for removal of invasive plants on conservation land which would be considered restoration of open space.
As with any state-funded projects the very start in the process would be to develop an RFP (Request for Proposals) looking for a company that would do a simple inventory or assessment. The second step would be to develop a treatment plan or strategy for going forward. The third step would be to hire a consultant to do the work with a licensed applicator with guidance from the Conservation Commission for minimizing pesticide applications. Wilber hopes that one company could complete both steps and would want input from the Commission. The Commission told Wilber that there might be problems with treating invasives when they are located in a wetland area.
Wilber explained that he would like the Commission to consider a three-year plan. The Commission contemplated several scenarios. The first was the concept of picking one or two invasive plants that they would try to eliminate. The process would include educating property owners so they could attempt to kill the same invasive plant(s) on their private property. The second scenario considered trying to keep invasives at bay in order to maintain a pristine property such as Flagg Hill. The third idea was to take on a project at a badly invaded area such as the Tuttle Lane Community Gardens that is thick with buckthorn, bittersweet and poison ivy. Wilber also explained that community preservation funds could not be used for maintenance.
The Commission was open to the idea, but felt further discussion would be required.
Certificate of Compliance
21 Hale Road/U-5 #19
Homeowners, Michael and Vimala Latz, are requesting a Certificate of Compliance for two Orders of Conditions (299-0510 & 299-0471). Ingeborg Hegemann Clark conducted the site inspection on behalf of the Commission.
The proposed versus the as-built conditions are different but net close to the same amount of impervious cover.~ Scott Hayes, engineer for the project, wrote a summary stating that changes amounted to a 103 square foot overrun on 2,600 square feet of work. The Commission agreed that these changes were acceptable and agreed to grant the Certificate of Compliance.
Ingeborg Hegemann Clark made a motion to issue the Certificates Of Compliance for work satisfactorily completed at 21 Hale Road in compliance with Order of Conditions File No. 299-0510 and File No. 299-471. Kathy Sferra seconded the motion and it was passed unanimously.
Athens Lane Update
On July 10, 2011 members of the Conservation Commission conducted a site inspection to determine if the restoration work in progress is being completed with regard to the Commission’s prior enforcement action and in compliance with the subsequent Order of Conditions issued June 1, 2010.
The Commission requested that Pat Perry send a letter to Mr. Quirk with a copy to Dr. Carr summarizing non-compliance issues or recommendations for Areas 2, 3, 4 and 5 as discussed at the site meeting and in the site report.
Planting Plan
277 Sudbury Road/U-3 #19
The Commission did not accept the planting plan submitted by Mr. Shimmel for review on
June 21, 2011. A certified letter was sent to Mr. Shimmel, with a copy to the homeowners, requesting a revised planting plan that must be submitted prior to or no later than July 19, 2011. The letter instructed Shimmel that he was to immediately replace all erosion controls to prevent further impacts to the lake. New erosion controls have been established. The certified mailing was picked up on June 24, 2011. A revised planting plan was submitted on July 18, 2011.
The Commission found the new plan unsatisfactory. They are asking for a planting plan with no invasive plants and only native plants. Shimmel did not notate on the new plans plants that were proposed and ones that were already planted, as requested by the Commission. The Commission decided to require him to contact New England Wetland Plants, Inc. in Amherst, MA and purchase New England Erosion Control/Restoration Mix for Dry Soil and seed the hillside and request that he attend the August 2, 2011 meeting of the Conservation Commission.
Adjournment
David Coppes made a motion to adjourn the meeting at 10:05 PM. Kathy Sferra seconded the motion and it was passed unanimously.
The Commission adjourned at 10:05 PM.
Respectfully submitted,
Patricia R. Perry
SCC Coordinator
Maureen Trunfio
SCC Secretary
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