Stow Conservation Commission
Minutes
September 18, 2012
A meeting of the Stow Conservation Commission was held at the Stow Town Building, 380 Great Road, Stow, Massachusetts, on September 18, 2012 at 7:30 in the evening.
There were present: Ingeborg Hegemann Clark, Chair
David Coppes, Vice-Chair
Cortni Frecha
Serena Furman
Rebecca Mattison
Doug Moffat
Doug Morse
Associates: Andy Snow
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 4, 2012 as drafted and amended. Serena Furman seconded the motion and it was passed unanimously.
Notice of Intent (#299-0550)
Kearsarge Energy Solar Project/302 Boxboro Road (Minute Man Air Field)
The office of the Conservation Commission received a letter dated August 12, 2012 from, Kearsarge Energy requesting that the public hearing scheduled for this evening be moved to December 2012. The rescheduled date for the public hearing will be December 4, 2012.
David Coppes made a motion to continue the public hearing regarding Kearsarge Energy’s proposed solar array installation at Minute Man Air Field to December 4, 2012 on or after 7:30 PM. Cortni Frecha seconded the motion and it was passed unanimously.
Massachusetts Mosquito Control Project
Pat Perry reported that the Massachusetts Mosquito Control Project will be working in a wetland area near 570 Great Road.
Abbreviated Notice of Intent (#299-0552)
819 Great Road (R-3 #50A)
At 7:45 PM Ingeborg Hegemann Clark opened the public hearing for an Abbreviated Notice of Intent #299-0552 filed by Dave Goguen for the proposed activity of stabilization of a bank and
slope on his property at 819 Great Road. Pat Perry reviewed the Abbreviated Notice of Intent and David Coppes conducted the site inspection on behalf of the Commission.
In April 2012 fill was deposited on the slope to the wetlands on the west side of the property and wood chips were laid down without a permit from the Conservation Commission. Goguen was present at this meeting and told the Commission that he filled and raised the area 3-6 feet in order to level it and to prevent erosion. Additionally the work was done in order to enlarge the area between the wetland and the driveway at the top of the slope for a safer turn around, to provide an area to deposit snow during the winter months and to stop active erosion of the slope into the wetland. The top of the slope is approximately 30 feet from the edge of wetlands according to a plan dated March 21, 1995. The slope is currently covered with at least six inches of wood chips and has been stable since April 2012, showing no signs of slipping.
Goguen discussed stabilization plans with the Commission. He told the Commission that he has created a berm at the top of the slope. The Commission noted this at the site inspection and found this to be a good technique to prevent soil and wood chips in the area from running down the slope directly into the wetland.
The Commission suggested that Goguen plant a hedge row at the top of the bank, two feet inside of the top of the slope, to prevent further impacts to the 35-foot NDZ. The Commission instructed Goguen to plant at least five of either of the following shrubs: Juniperus chinensis “Gold Lace” #3 pot or #5 pot (preferred) or Juniperus chinensis “Pfitzeriana Anglica Blue” #3 pot or #5 pot (preferred). The Commission informed Goguen that the turn-around area shall not serve as the sole storage space for snow. Goguen agreed to this condition.
The Commission found that stabilization of the slope and redirection of direct storm water discharge to the wetland provides adequate public benefit for work within the 35-foot NDZ.
No abutters were present.
Cortni Frecha made a motion to close the public hearing for an Abbreviated Notice of Intent (NOI) #299-0552 filed by Dave Goguen for the proposed activity of stabilization of a bank and slope on his property at 819 Great Road. David Coppes seconded the motion and it was passed unanimously.
David Coppes made a motion to approve and issue the Order of Conditions File No. 299-0552 for an Abbreviated Notice of Intent (NOI) #299-0552 filed by Dave Goguen for the proposed activity of stabilization of a bank and slope on his property at 819 Great Road. Cortni Frecha seconded the motion and it was passed unanimously.
Lake Boon Commission Annual Report
Weed Management Drawdown
Members of the Lake Boon Commission (LBC) had requested an appointment with the Commission to present the end of year report required by the Order of Conditions for the Lake Boon Weed Management Drawdown. The LBC had requested that Jack Wallace, Health Agent for the Stow Board of Health (BOH) be present, which he was. Also present were Cindy Curley of the Lake Boon Commission
(LBC) and Theresa O’Riorden, LBC volunteer, who took lake level measurements for the LBC. Don Hawkes was present as a liaison to the Selectmen.
O’Riorden submitted lake level readings regularly to Pat Perry at the Commission office. Perry created a chart based on these readings The chart was distributed at this meeting. [Reference point for measurements of the weed management drawdown is “Top of Concrete”.]
The Lake Boon Commission would like to begin the 2012 drawdown on October 1, 2012. Perry told the LBC that they were responsible for placing a legal notice in the Stow Independent newspaper stating that the drawdown will commence on October 1, 2012. They agreed to do so.
The 2011 drawdown was blamed for causing two shallow wells to go dry, causing the drawdown to be halted immediately. It was never officially confirmed by an authority that the drawdown was the cause. The LBC had agreed to provide $10,000 for provision of an emergency water supply and/or emergency well repairs to residents affected by the drawdown. The Commission insisted that Jack Wallace show that the $10,000 is actually present in the Lake Boon Drawdown Escrow Account before any drawdown begins. Wallace agreed to do so.
Wallace suggested a much slower drawdown this year. He called for a “gradual, controlled effort.”
The Board of Health and the Lake Boon Commission discussed the emergency plan and decided they would like to change the guidelines for dry well notification slightly. Wallace said that he would like the Stow Police Department (PD) to be the first to receive the phone call when a Lake Boon resident believes to have lost water due to the drawdown. Next, the Stow PD would contact the BOH (either Wallace and/or Marcia Rising) The Commission suggested that the change in the emergency notification plan be noted in the newspaper. The Commission instructed the LBC to submit a written summary of the changes to the emergency notification plan agreed upon at this evening’s meeting and submit them to the Conservation Commission, Board of Health and the Department of Environmental Protection (DEP), explaining to DEP that these were minor changes to the Order of Conditions and that an amendment to the Order or a new Notice of Intent would not be required. LBC should ask whether DEP considers the
changes significant enough to warrant an amendment to the superseding order.
If no problems are encountered, December 1, 2012 will mark the end of the drawdown. The goal is a drawdown of 12 inches. The LBC realizes that the goal might not be achieved with the limited time and slow rate planned for the drawdown.
Seith Cove Swim Raft Complaint
A site investigation was conducted to 11 and 21 Hale Road on Saturday, September 8, 2012. The following notes have been replicated from the Commission’s site report:
Members of the Commission went to Hale Road, observed the float location from both 21 and 11 Hale Road and made the following two observations:
1. There did not appear to be any hooks or features on the float that would allow boats to "dock" onto the float.
2. It did not appear to interfere with navigation into the embayment.
Members of the Commission, independently, researched the definition of docks and found that in all cases the definition of a dock pertained to a structure that extends along shore or out from the shoreline into a body of water to which boats may be moored. Or to which transfer of goods, services or people are transferred from the water to the land. A raft was defined as a structure that was buoyant. The Commission also reviewed the minutes of the public hearing for the Notice of Intent filed for the cove restoration. This research led to the determination that the raft in question was not a dock and did not
impede navigation into the embayment therefore the float was not in violation of the Order of Conditions. The Commission mentioned that the Lake Boon Commission may want to address this issue further by regulating moored rafts in their own bylaws. The Commission will write a letter to both parties involved and explain their determination.
Joyce Auclair, resident at 21 Hale Road, was present and claimed that the raft did, in some cases, interfere with nautical navigation of the cove.
David Coppes made a motion to clarify that the Seith swim raft at 11 Hale Road is not considered a dock, does not interfere with navigation into the embayment, and, therefore, does not violate the existing Order of Conditions. Doug Moffat seconded the motion and it was passed unanimously.
Forthcoming Request for Determination of Applicability (RDA)
27 Barton Road (U-1 #53-1)
At the Commission’s previous meeting, September 4, 2012, Connie Zimmerman met with the Commission regarding a Notice of Intent pertaining to an upgrade to a failed septic system. After closing that hearing, Zimmerman spoke briefly with the Commission regarding the possibility of curtailing invasive species growth along the edges of her property. Ingeborg Hegemann Clark confirmed an invasive problem when she conducted the site inspection for the septic replacement.
A public hearing for the removal of the invasive species at 27 Barton Road has been scheduled for October 2nd. Ingeborg Hegemann Clark, Serena Furman and associate member Andy Snow volunteered to conduct a site inspection on September 26th to meet with the Greg Carbone of Bartlett Tree Company to identify species to be removed.
Adjournment
Doug Moffat made a motion to adjourn the meeting at 9:30 PM. Becky Mattison seconded the motion and it was passed unanimously.
The Commission adjourned at 9:30 PM.
Respectfully submitted,
Maureen Trunfio
Stow Conservation Commission Secretary
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