Stow Conservation Commission
Minutes
July 17, 2012
A meeting of the Stow Conservation Commission was held at the Stow Town Building, 380 Great Road, Stow, Massachusetts, on July 17, 2012 at 7:30 in the evening.
There were present: Ingeborg Hegemann Clark, Chair
David Coppes, Vice-Chair
Serena Furman
Cortni Frecha
Rebecca Mattison
Absent: Doug Moffat
Doug Morse
Associates: Stewart Dalzell
Andy Snow
Jeff Saunders
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
Rebecca Mattison made a motion to approve the minutes of June 26, 2012 as drafted and amended. Cortni Frecha seconded the motion and it was passed unanimously.
Request for Determination of Applicability
Sudbury Road Bridge Boat Launch (R-24 #23B)
At 7:40 PM Ingeborg Hegemann Clark opened the public hearing for a Request for Determination of Applicability filed by Kevin Benoit for the proposed activity of installation of a walkway and boat launch at the Sudbury Road Bridge. The proposed project will serve as Benoit’s Eagle Scout project.
Pat Perry and Rebecca Mattison inspected the site. Upon inspection of the area proposed for a walkway, the Commission found the bank to be eroded and unsafe. The area is overgrown with brush and knotweed. The land is owned by the town and managed by the Selectmen. Benoit has met with the Board of Selectmen to get permission for the project. He presented to the Commission and showed photos illustrating his plans. He intends to remove overgrown brush from the area and place granite steps and a railing to provide a safe walkway down to the river’s edge. Benoit is also proposing a sign board to post maps and information.
The Commission asked what equipment would be utilized. Benoit answered that one backhoe, operated by Hartwell and Sons would be used. Seven steps would be installed. Benoit said he would have help from other Eagle Scouts. He would like permission to name the walkway in memory of Michael Mague, a Scout who has passed away.
At the site inspection the Commission found the water to be low and thought it would be easy for Benoit to install straw bales in order to control erosion. Benoit said that he would like to begin the project in August and that he would contact the Commission before he begins work.
The Commission voiced their opinion that the walkway with handrails and a more feasible launch at the river’s edge would be a great benefit for the many users of this launch and fishing area. The Commission voted to waive the filing fee.
Cortni Frecha made a motion to close the public hearing for a Request for Determination of Applicability filed by Kevin Benoit for the proposed installation of a walkway, steps and boat launch at the Sudbury Road Bridge. David Coppes seconded the motion and it was passed unanimously.
Serena Furman made a motion to waive the filing fee for the Request for Determination of Applicability filed by Kevin Benoit for the proposed installation of a walkway, steps and boat launch at the Sudbury Road Bridge. David Coppes seconded the motion and it was passed unanimously.
Request for Determination of Applicability
53 Great Road (R-29 #4-3)
At 8:45 PM Ingeborg Hegemann Clark opened the public hearing for a Request for Determination of Applicability filed by Scott Fitzgerald for the proposed activity of installation of a natural gas line to the existing home, installation of underground electric, improvement of the existing driveway and construction of a garage and porch to the existing home at 53 Great Road. Ingeborg Hegemann Clark and Jeff Saunders reviewed the application and inspected the site. NSTAR has emailed a description of the work to open the road to install the gas line.
Fitzgerald explained that there was a lot of debris that had been dumped along the property line. He has cleared the debris (rotted logs, rusted cars and campers, trash piles, etc.). After clearing the debris and having it hauled away, he seeded the area.
Fitzgerald showed the area where the driveway needs to be stabilized. He explained that water is coming off of Great Road running down the driveway, puddling (which is creating a silt pocket) and then leaching into the wetland area. He plans to prevent this from occurring. Fitzgerald said work on the driveway would extend 150 feet into the property from Great Road. He would be adding stone, gravel and eventually paving the surface. He plans to utilized silt fence as erosion control on the wetland (East) side of the driveway. Fitzgerald told the Commission that this would be a quick project lasting only two days. The Commission agreed to allow this work.
Fitzgerald is seeking permission to install a natural gas line on the left side of the driveway; as far away from the wetlands as possible. He would also like permission to install underground electric lines. The Commission agreed to allow this work.
Fitzgerald would like to do minor upgrades to front of house, adding a porch perched on sonar tubes. The porch would extend six feet from the front of the house for the full length of the house. There is currently a dilapidated garage on the property. Fitzgerald’s filing requested permission to add an attached garage to the left side of the existing house. The dimensions would be 24 feet long and 30 feet wide. The Commission granted permission to add the garage. The Commission stated that no additional structures will be permitted at the rear of the property until wetlands in that area have been determined. Fitzgerald was told to contact the Commission before work commences.
Abutter, Brian Martinson of 43 Pompositticut Street, was present but had no comments on the project.
Becky Mattison made a motion to close the public hearing for a Request for Determination of Applicability filed by Scott Fitzgerald for the proposed installation of a natural gas line to the existing home, installation of underground electric, improvement of the existing driveway and construction of a garage and porch to the existing home at 53 Great Road. Cortni Frecha seconded the motion and it was passed unanimously.
David Coppes made a motion to issue a Negative 3 Determination approving the Request for Determination of Applicability filed by Scott Fitzgerald for the proposed installation of a natural gas line to the existing home, installation of underground electric, improvement of the existing driveway and construction of a garage and porch to the existing home at 53 Great Road.
Cortni Frecha seconded the motion and it was passed unanimously.
Notice of Intent (#299-0550)
302 Boxboro Road (R-7 #30-7, 34, 35, 38)
At 8:00 PM Rebecca Mattison opened the public hearing for a Notice of Intent (NOI) filed by
Andrew Bernstein of Kearsarge Solar LLC proposing improvement of runway safety areas, marking of vegetative airspace obstructions and installation of a photovoltaic renewable energy facility at Minute Man Air Field (MMAF), 302 Boxboro Road. Several members of the Commission have inspected the site in conjunction with the ORAD that was previously approved and issued by the Commission. DEP has reviewed the NOI and had placed additional requirements on the project.
Randy Christensen, Sr. Environmental Scientist at Stantec Consulting Services Inc., presented to the Commission. Representatives of Kearsarge Energy that were present included Everett Tatelbaum and Michael Maynard. Frank Griffin, Project Executive and Matt DiNisco, Commercial Project Manager, of groSolar were present. Don McPherson of MMAF was present. The Commission’s Associate Member, Stewart Dalzell was in attendance.
Christensen explained that there were four principle areas he wanted to discuss at this meeting. The first area involves runway construction combined with runway safety area construction. Christensen told the Commission that according to the Federal Aviation Administration’s (FFA) airport reference code, MMAF has had a deficient runway safety area at the end of Runway Three.
Areas two through four involve the solar fields. The three solar arrays will be referred to as the southeast array, the southwest array and the west array.
With regard to area one, Christensen stated that the FAA requires certain criteria for safety at the end of runways as well as width of area at the sides of any runway. Because Stow’s airport would not be in the same category as a large airport such as Logan Airport, FAA has created design criteria that addresses lower reference codes, B-1 category that includes airports that deal with propeller planes with low approach speeds and narrow wingspans. These FAA requirements for the B-1 category, require 240 feet in length off the end of the runway and 120 feet in width on from the midline of the runway. MMAF currently only has 80 feet in length at the end of the runway.
Bedrock at the end of the runway has caused difficulty in providing the 240 feet in length at the end of the runway. Christensen said they found that if they are able to raise the runway area by 5-6 feet, they will be able to reduce the cut in the bedrock that will be necessary to provide the required runway safety area. By raising the end area, the maximum cut in the bedrock required would be 12 feet in the safety area. If the area is not raised, the required cut would be between 17 and 20 feet. The runway will need to be deconstructed and then rebuilt which will include paving and grading. Christensen clarified that, in order to build proper side slopes off the runway, intrusion on two wetland areas would be required. He cited a total of 1,773 s.f .of direct impact on Bordering Vegetated Wetland (BVW).
Stewart Dalzell, Associate Member of the Conservation Commission, disclosed that he has worked professionally with Christensen in the past on MassPort projects. Dalzell stated that it is not typical to see runway safety improvements combined with solar projects and asked Christensen to clarify the combination. Christensen explained that removing bedrock can be very costly and MMAF cannot afford the necessary upgrades on its own. He added that because the ground will be lowered, this would allow panels to comply with certain FAA height requirements. The Commission questioned whether cutting would be necessary if the solar project were being completed independently of the safety improvement projects. Christensen answered that it might not be necessary, but it would be nearly impossible for MMAF to afford upgrades on its own. He added that a
fix for the end of runway safety area without utilizing the proposed plan would also lead to more “feathering” along the runway into the wetlands.
Christensen continued forward with the presentation and said that the southeast solar array would hold approximately 3,542 solar modules mounted on steel racks. This area will require 8-foot obstruction lights on four poles that cut across the array. All power generated by these modules must be configured through the inverter and into underground electric. The panel field itself would be surrounded by a six-foot chain link fence. Within that fenced area, there are plans to clear and grub woody vegetation. The area would be seeded with native seed mix and rye grass for quick re-growth with the hope that native grasses will overtake the area.
The southwest solar array will provide 3,366 modules and an interconnection to the grid on Taylor Road. An inverter, mounted on a cement pad, would sit in this area. Pole mounted obstruction lights are associated with this array also. Christensen said there the vast majority of the southwest array is outside of any jurisdictional area. There is no riverfront jurisdiction but there is 100 foot buffer zone that could be impacted.
Christensen showed the trail for interconnect path that extends from the southwest array out to the grid on Taylor Road. The electricity would run underground up to the point where it would run up the pole located on Taylor Road. Since there is a trail established, Christensen said they would need only to take down mature trees along the 50 feet of length. Christensen said they would need to remove trees in order to run the underground line. The Commission questioned why they would need to take down trees for an underground line. Christensen answered that root balls sometimes interfere with the underground line. Christensen said this area is beyond the Commission’s jurisdiction.
The west solar array is west of the runway area. Christensen called this area an upland field. This field will house 4,664 modules. The perimeter of this area will be fenced. There would be several incursions into the 35-foot wetland areas on this portion of the project. He said there would be clearing and grubbing in the field area. He then said that much of this area is wooded and selective tree removal is proposed on the outskirts due to the sun penetration factor. The underground electric cable would go from one inverter pad and then up to overhead electric through the wetland area. One pole would be located in the wetland area and two would be located in upland island areas. The span would be too great to exclude the pole in the wetland area. The Commission questioned access to get the poles into the area. Christensen
showed an existing access road in the area. Timber mats would be utilize to install the pole and then mats would be removed. These poles would serve a dual purpose. First, they would be moving electric out toward Taylor Road. Second, they would serve as mounts for two lights to mark existing aerospace obstructions. Christensen clarified that these lights would be LA 10 Obstruction lights. LA 10 lights are dim red lights mounted on top of the pole to signal pilots that there are objects in the area. McPherson explained that these low-wattage lights are similar to the red-shielded light seen outside the Fire Department Building in Stow. Christensen said the FAA will need to be presented with this information and verify that Kearsarge and MMAF’s plans up to their standards.
Christensen presented overall wetland impact statistics. There would be 7,000 square feet of restoration work which exceeds the 110% required by the Stow Wetland Protection Bylaws. Christensen said they had additional ideas that they would like to show the Commission on site. With regard to replication, he said he hoped the Commission would be open to the idea of allowing some violation of replication standards from the bylaw in exchange for an improvement in the replication area. Christensen said they have ideas for mitigation in the riverfront area such as bank repair. This site visit will be open to the public. The date set for
that site visit (open to the public) is August 25, 2012 at 8 am. Participants will meet at the airport terminal.
There was discussion regarding the Heath Hen Meadow 100-Year Flood Plain Study completed by BSC Group. (Ingeborg Hegemann Clark disclosed that she is employed by BSC Group.)
Christensen said they utilized that study when looking at the culvert location in the runway. Christensen said the culvert location is below 261 feet and that the minimum elevation is 261.5 feet. Because of this Christensen said they were able to avoid the limitations of the 100-Year Floodplain. He said they would plan to fill right up to that culvert during the widening of the runway.
Dalzell asked about coordination with the FAA. Christensen said that there has been no determination from the FAA regarding this project. MEPA (Massachusetts Environmental Policy Act) does not need to be satisfied with this project because it’s a private venture. In 2005/2006 FAA had input while reviewing the safety area study. FAA also reviewed part of the Vegetation Management Plan (VMP). Part of that VMP was the proposed lighting along the edge of the property. Christensen added that since this is a private venture and MMAF is not using MASS DOT or FAA funds, they are able to avoid much of the State MEPA statute.
Abutter, Deborah Estey of 228 Taylor Road, was concerned with the height of the poles that would be erected and house the safety lights. Christensen replied that the poles that will be utilized to mark and light trees along the wetland boundary would be 80 feet high. The poles that will be utilized to light the panels would be eight feet tall. Estey asked what the consequences might be for the airport if they did not make these safety upgrades. McPherson questioned why one would not want to make the upgrades if the money is available to do so. McPherson added that the runway being built will be the same length and same width. Christensen added that the strength of the runway will not be upgraded and residents would not see large aircraft flying into and out of the airport. The Commission reminded the abutters that some of their concerns were
not in the jurisdiction of the Conservation Commission.
Abutter, Richard Fisher of 181 Taylor Road, was concerned with the 100-Year Flood Plain plan. He said he would like to come into the Conservation Commission office and look at the study. Pat Perry said she will locate the town copy of the plan for Fisher. Christensen said he could PDF the Flood Profile Map to the Conservation Commission office. Fisher was concerned with the drainage in the area where the profile would be changed. Christensen said Fisher could read the Stormwater Drainage Reports that will be on file in the Conservation Commission office. He said that there would be no increase in post-construction flows. Fisher said he was concerned with directional surface flow post construction. Christensen said this information is also contained in the Storm Water Drainage Reports.
The applicants have agreed to continue this hearing until September 18, 2012.
David Coppes made a motion to continue the public hearing for Notice of Intent File No.299-0550 filed by Notice of Intent filed by Andrew Bernstein of Kearsarge Solar LLC proposing improvement of runway safety areas, marking of vegetative airspace obstructions and installation of a photovoltaic renewable energy facility at Minute Man Air Field, 302 Boxboro Road to September 18, 2012. Rebecca Mattison seconded the motion and it was passed unanimously.
Juniper Hill Water Company (JHWC)
85 Circuit Drive (R-15 #119)
An Order of Conditions was issued on April 3, 2012 to the Juniper Hill Water Company (JHWC) for the installation of a new groundwater supply source. Michael Suleski serves as President of Juniper Hill Water Company and was present to ask the Commissions suggestions for silt removal or stockpiling during the drilling process. Suleski said they would prefer permission to stockpile the silt as opposed to trucking the silt off site which would prove very expensive. David Coppes agreed to do a site walk with Suleski on July 19, 2012 to determine if, and where, stockpiling would be permitted.
Request for Determination of Applicability
KMW Hardware Inc., 117 Great Road (R-30 #`3A)
On June 26, 2012 a public hearing for a Request for Determination of was held. The Commission granted permission for KMW Hardware Inc. to install a propane filling station at 117 Great Road.
Rebecca Mattison made a motion to issue a Negative 3 Determination approving the Request for Determination of Applicability filed by KMW Hardware Inc. to install a propane filling station at 117 Great Road. Serena Furman seconded the motion and it was passed. David Coppes abstained.
Request for a Certificate of Compliance (#299-0433)
33 Marlboro Road (U-7 #8)
Upon inspection the area was found to be stabilized and in good condition. The site is well vegetated and all hay bales have been removed. The as-built plan and a letter from the engineer has been submitted. The Commission agreed that the work was acceptable and agreed to grant the Certificate of Compliance.
Cortni Frecha made a motion to issue the Certificate Of Compliance for work satisfactorily completed at 33 Marlboro Road in compliance with Order of Conditions File No. 299-0433. Rebecca Mattison seconded the motion and it was passed unanimously.
Enforcement Issues
626 Great Road (R-10 #41)
Pat Perry has been in contact with David Lorden, owner of the property at 626 Great Road. On July 11, 2012 the owner of Warren Landscaping in Hollis, NH called the Conservation Commission office and said that Lorden has contracted with them to do the required plantings. The landscaper said he will begin work as soon as possible.
Joanne Road (R-13 #11-1)
On July 14, 2012 members of the Commission visited the disturbed site with the owner, Frank Lundy. It appears that Mr. Lundy has replaced a culvert in an existing cart path and has cleared trees on either side of the cart path. The Commission has asked Lundy to complete a RDA.
The Commission visited the site, accompanied by Lundy, and found that he had replaced an existing six-inch culvert pipe with a 12-inch pipe. Additionally, he had been clearing the cart path and dirt was moved. This dirt had slid into the wetland in two locations.
The Commission requested that Lundy cease clearing the cart path until he has met with the Commission. Additionally they asked him to pull the dirt back up along the cart path and add stones along either side of the culvert.
Lundy is willing to comply and requested a letter from the Commission describing what they would like him to do to restore the area.
819 Great Road (R-3 #50A)
Pat Perry has been working with the homeowner to get a NOI application completed. He has cleaned out (by hand) anything that has entered the wetland. During recent rain it was noted that earth had not moved.
Adjournment
Rebecca Mattison made a motion to adjourn the meeting at 10:50 PM. Cortni Frecha seconded the motion and it was passed unanimously.
The Commission adjourned at 10:50 PM.
Respectfully submitted,
Maureen Trunfio
Stow Conservation Commission Secretary
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