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2012-03-06 Conservation Commission Minutes
Stow Conservation Commission
Minutes
March 6, 2012

A meeting of the Stow Conservation Commission was held at the Stow Town Building, 380 Great Road, Stow, Massachusetts, on March 6, 2012 at 7:30 in the evening.

There were present:     Helen Castles, Vice Chair
David Coppes
Ingeborg Hegemann Clark
Doug Moffat
                        

Absent:         Rebecca Mattison, 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

Ingeborg Hegemann Clark made a motion to approve the minutes of February 21, 2012 as drafted.  David Coppes seconded the motion and it was passed unanimously.

Functions of the Conservation Commission and Interested Candidates

Cortni Frecha, Jennifer Chiapella and Roger Sturgis have indicated that they may be interested in becoming members of the Commission.  Pat Perry requested that they attend this meeting, intro-
duce themselves, ask questions to get a feel for the Commission’s responsibilities and commitment.  All three were in attendance at the meeting this evening.  

Track Road Multi Use Committee
 
John Akers, Chair of the Multi Use Track Road Committee requested time to meet with the Conservation Commission to deliver an update of where they stand on this project at present.
Akers, along with Don Rising, attended this meeting and spoke before the Commission.

Akers explained that in order to receive Federal money, the project must be paved. According to Akers, results from an online, in-town survey showed that approximately 70% of respondees preferred that the path be paved. State and Federal Government prefers that the path be 12-14 feet wide in most places. It can be as narrow as 8 feet in limited circumstances, but 12-14 is the preferred width. There must also be a 3-5 foot buffer on either side. The wetlands will be intruded upon because of these requirements.

If a paved rail trail is built with Federal money, Akers explained, Federal and State agencies require that there must be ample parking available at both ends. In Stow, at the Maynard end of the trail, the Committee is negotiating with the Assabet National Wildlife Refuge to gain permission to utilize their parking lot off White Pond Road. The parking area has recently been constructed and will soon be paved. It will provide approximately 35 parking spaces. Akers noted that they will need to develop a plan for parking on other end of the trail near Barton Road, if they hope to receive State and/or Federal funding.

Akers explained that there is a difficult challenge presented at the Maynard end of the proposed trail. A strip of land at this end of the trail also serves as the landowner's (Rob Albright) driveway. The landowner needs vehicular access to this property. The Mutli Use Track Road Committee owns a right of way, but the only access to the trial at this location is via Albright’s driveway. Federal and State government agencies insist that a trail such as this cannot share any portion of its path with vehicular traffic. There does not seem to be opportunity to move or replicate the driveway to another location. The Commission suggested applying for a waiver with the State and/or Federal governments. Rising stated that they tried to gain a waiver from the State, but because the State is tied to Federal regulations they were denied. Akers feels this will present a problem for the Commission due to proximity to the river, wetlands in the area and lack of land for expansion options.

Akers explained that there are drainage swales on one side and in some cases on two sides of the abandoned railroad bed that determines the path of the trail. Akers foresees issues with the Commission with regard to wetland intrusion. The Committee would like the Commission’s involvement and advice. Akers said that the Committee was told by the Department of Transportation (DOT) and the Committee’s engineering firm that there is a limitation of 5,000 square feet of disturbance and that there may be a provision allowing a bit more. The problem arises from the fact that this is not a project located singularly in Stow. Maynard and Acton’s disturbances are included in the total number of square feet. Akers admitted that the Committee is not certain that Stow, alone, can keep alterations under 5,000 square feet.

Given the background, Akers requested that members of the Commission accompany him and Don Rising for a site walk in the near future.  Stow hasn't started its 10% design (conceptual) completion. An aerial survey of the property has been requested as part of their initial design planning. Akers explained that if there is no chance of the project coming to fruition, the Committee would rather not spend the town's money on the aerial survey. Much of the decision will rely on the Commission’s evaluation and the Committee will wait for advice from the Commission before taking further action.

Akers feels that the Commission must walk the entire length of the proposed rail trail to completely understand the potential impact. At that point, the Commission should be able to deliberate and deliver a decision whether the project is viable or not. Akers and Rising said they would appreciate feedback and especially any suggestions to solve problems they may encounter regarding the wetlands include the conundrum regarding Albright's driveway.

Members of the Commission and the Committee agreed to meet at 9 am on Sunday, March 11, 2012 in order to walk the trail.

Request for Extension Permit for Order of Conditions (#299-0497)
Lot 1 Hudson Road

FORESITE Engineering has requested a one year extension to Order of Conditions  #299-0497 which expire on June 2, 2012.  Doug Moffat had conducted the site inspection for this project.  According to the engineer’s letter, construction work is scheduled to commence this spring and should be substantially completed by the expiration date of the Order.  An extension is necessary to have the site stabilized and to request a Certificate of Compliance.

Doug Moffat made a motion to issue a one-year extension to the Order of Conditions File No. 299-0497 for work at Lot 1 Hudson Road valid through June 2, 2013. David Coppes seconded the motion and it was passed unanimously.

Draft Warrant Article
Deerfield Lane/Extinguish Conservation Restriction

The Commission needs to vote to approve the warrant article drafted by Jon Witten and reviewed by Kathy Sferra to extinguish the Conservation Restriction on the property. The Commission agreed they were satisfied with the warrant article as presented and voted to accept it.

Dave Coppes made a motion to accept the warrant article that would extinguish the Conservation Restriction on property located at Deerfield Lane. Doug Moffat seconded the motion and it was passed unanimously.

Revision Work Continues on Wetland Protection Regulations

The Commission reviewed and discussed possible amendments and additions to Section 5 of the Wetland Protection Regulations titled “Performance Standards”.   Future working sessions will be scheduled.

Correspondence from Minute Man Air Field
Parcel R-7 #30-8

The Commission discussed Don McPherson’s request to harvest trees on conservation land abutting Minute Man Air Field in a letter to the Commission dated February 16, 2012. He would like permission to clear in order to aid expansion of the future solar project. The Commission decided they would decline McPherson’s offer to harvest trees at this time.  Pat Perry will issue a letter to McPherson informing him of the Commission’s decision.

Dave Coppes made a motion to deny the request made by Don McPherson to clear trees located on Conservation Land abutting Minute Man Air Field, Parcel R-7 #30-8.
Ingeborg Hegemann Clark seconded the motion and it passed unanimously.

Adjournment

Doug Moffat made a motion to adjourn the meeting at 9:35 PM. Ingeborg Hegemann Clark seconded the motion and it was passed unanimously.

The Commission adjourned at 9:35 PM.

Respectfully submitted,



Maureen Trunfio
SCC Secretary