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2011-10-04 Conservation Commission Minutes
Stow Conservation Commission
Minutes
October 4, 2011

A meeting of the Stow Conservation Commission was held at the Stow Town Building, 380 Great Road, Stow, Massachusetts, on October 4, 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 September 20, 2011 as drafted and amended.  Kathy Sferra seconded the motion and it was passed unanimously.

Assignment      

Request for Determination of Applicability for 90 Taylor Road assigned to David Coppes to conduct a site inspection on behalf of the Commission.

Lake Boon Drawdown

Pat Perry reported that legal notices have been published in The Stow Independent by the Lake Boon Commission announcing that the drawdown will commence on October 1, 2011.  The Lake Boon Commission had agreed to provide $10,000 for provision of emergency water supply and/or emergency well repairs to residents affected by the drawdown.  The funding shall be placed in a dedicated fund and expended jointly by or in consultation between the Lake Boon Association and the Town of Stow.  The Board of Health and the Lake Boon Association are in the process of drafting guidelines for the administration of these funds.

Deerfield Lane Conservation Restriction (CR)

Kathy Sferra reported that House of Representative Counsel believes the legislature cannot amend a conservation restriction.  Jon Witten, Town Counsel, disagrees and will speak with the other parties directly.

Corzine Woodland

The town originally used Community Preservation funds to purchase the conservation restriction on the Corzine property. The Stow Conservation Trust (SCT) is applying for a grant through Sudbury Valley Trustees (SVT) that would further reimburse their organization for the project. It is proposed that both the Conservation Commission and Sudbury Valley Trustees would jointly hold the conservation restriction for the Stow Conservation Trust.  SVT will do the baseline documentation, which is a benefit to the Commission.  The conservation restriction still needs to be reviewed by EOEEA.

Notice of Intent (#299-0541)
128 Barton Road (U-2 #7)

At 7:45 PM Becky Mattison opened the public hearing for a Notice of Intent (NOI) filed by
Laurel Reynolds for the proposed activity of demolition and reconstruction of the existing house.  The existing patio and seawall will not be touched. Doug Moffat reviewed the Notice of Intent and conducted the site inspection on behalf of the Commission.

Jeffrey Hofmann of Northstar Land Survey Service presented, along with Bernard Christopher, Jr. of Great Woods Post & Beam Co., Inc. Laurel Reynolds, owner of 128 Barton Road, was present.  The existing two-story home has an existing 983 square foot footprint with 245 sf within the 35-foot buffer zone. The new two-story home is proposed to have a 1,395 sf footprint with 230 sf within the 35-foot buffer zone.  A small pump house on the site will be eliminated. Hofmann showed proper erosion control measures on the site plans. Christopher said that all dug materials would be stockpiled on the front side of the property. The Commission reminded him that these materials must be protected with erosion control measures.
        
The Commission questioned whether there would be a full basement. The builder responded that he would not know until he began construction. The Commission reminded him that there will be a drawdown under way and that he should anticipate higher water levels in the spring. At present the well is located in the basement. A new well will be drilled on the property near the current patio. A fairly new septic system was installed on the site several years prior. The tank sits on the front portion of the property near the road, and the leach field is located across the street.

The Commission determined that because less of the home’s footprint will be in the No Disturb Zone public benefit is served.

No public comment.

Doug Moffat made a motion to close the public hearing for a Notice of Intent File No. 299-0541 filed by Laurel Reynolds for the proposed activity of demolition and reconstruction of the existing house at128 Barton Road. David Coppes seconded the motion and it was passed unanimously.

Ingeborg Hegemann Clark made a motion to approve and issue the Order of Conditions for a  Notice of Intent File No. 299-0541 filed by Laurel Reynolds for the proposed activity of demolition and reconstruction of the existing house at 128 Barton Road as drafted and amended. David Coppes seconded the motion and it was passed unanimously.

67 Elm Ridge Encroachment/Red Acre Woodland

Pat Perry reported that Attorney Levine, representing the landowners, is requesting a meeting with the Stow Conservation Trust (SCT). The Commission feels that a representative of the Commission and a representative of the Board of Health should be present at the meeting. If that suggestion is not amenable to the SCT, the Commission feels that the SCT should be made aware that no settlement agreements should be made without first consulting the Conservation Commission.

Athens Road/Quirk Property

Pat Perry reported that all of the cattle on the property have been sold. Presently, Dr. Robert Tashjian, a veterinarian from West Boylston, has requested permission to house 40 miniature horses at the Quirk property on Athens Road. Perry noted that Mr. Quirk would have to apply to the Planning Board for a Special Permit to house livestock since his property is zoned Industrial. Mr. Quirk owes back taxes and is obligated to do the restoration work on his property.

The Commission would like Pat Perry to send a letter to Mr. Quirk and Jerry Carr thanking them for their report and make it clear that no further earth disturbance should be conducted past October 20, 2011.  The Commission looks forward to completion of the restoration work and a final inspection.

Center School Stream Restoration

Ingeborg Hegemann Clark reported that she went to Center School this past weekend to look at the stream and the stream is flowing.~ Clark says we will have to discuss stream restoration under flowing conditions. Clark reported that she has attempted to contact Joe Stella.

Pompositticut School

Ingeborg Hegemann Clark has noticed the water backing up and rising near the school. Beavers have been blamed for the rising water.  She believes that the Board of Health and the Conservation Commission should explore the problem together. Perry stated that the Highway Department has been clearing the debris at the culvert to prevent further flooding of the field at Pompo and across the street at a private residence.  Jack Wallace, Health Agent has been notified.  No wells and/or septic systems have been affected.

Adjournment

Ingeborg Hegemann Clark made a motion to adjourn the meeting at 8:30 PM. Kathy Sferra seconded the motion and it was passed unanimously.

The Commission adjourned at 8:30 PM.

Respectfully submitted,


Patricia R. Perry
SCC Coordinator


Maureen Trunfio
SCC Secretary