Stow Conservation Commission
Minutes
December 4, 2012
A meeting of the Stow Conservation Commission was held at the Stow Town Building, 380 Great Road, Stow, Massachusetts, on December 4, 2012 at 7:30 in the evening.
There were present: Ingeborg Hegemann Clark, Chair
David Coppes, Vice-Chair
Cortni Frecha
Serena Furman
Doug Moffat
Doug Morse
Associate: Jeff Saunders
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 November 13, 2012 and
November 20, 2012 as drafted. Cortni Frecha seconded the motion and it was passed unanimously.
Correspondence: Resignation of Rebecca Mattison
On November 19, 2012 Rebecca Mattison addressed a letter to the Board of Selectmen and the Commission asking them to accept her resignation. Mattison requested that she be allowed to remain on the Commission as an associate member. The Commission accepted her resignation and agreed to appoint her to serve as an associate member. Pat Perry will publicly post the vacancy.
Serena Furman made a motion to accept Rebecca Mattison resignation from the Conservation Commission and to appoint her as an associate member. Doug Morse seconded the motion and it was passed unanimously.
Certificate of Compliance Request (#299-0508)
64 Boxboro Road (R-17 #5)
Erin and Elizabeth Holmgren contacted the office requesting a Certificate of Compliance for their property. The project involved the installation of a new septic system. Pat Perry conducted the site inspection on behalf of the Commission and found the area stabilized and in good condition. The Commission agreed to issue the Certificate of Compliance.
David Coppes made a motion to issue the Certificate Of Compliance for work satisfactorily completed at 64 Boxboro Road in compliance with Order of Conditions File No. 299-0508.
Doug Moffat seconded the motion and it was passed unanimously.
Certificate of Compliance Request (#299-0334 & #299-0528)
626 Great Road (R-10 #41)
David Lorden has sold this property and money has been kept in escrow until the Commission issues the COC’s and they are recorded, lifting the lien from the deed. Steve Poole, PE has submitted the as-built plans and will confirm that the last two wetland delineation signs have been installed prior to the Commission issuing the COC.
Pat Perry conducted the site inspection on behalf of the Commission and found that the two wetland delineation signs have not been posted as conditioned in the Order. Therefore, a COC could not be issued at this time.
Request for Determination of Applicability
160 North Shore Drive (U-4 #30A)
At 7:45 PM Ingeborg Hegemann Clark opened the public hearing for a Request for Determination of Applicability (RDA) filed by Susan Kloss for the pruning and removal of trees deemed hazardous or in poor health on property located at 160 North Shore Drive. Trees are within 50 feet of Lake Boon.
Ms. Kloss was present at this meeting and displayed photos of the trees in question. She also presented an evaluation report and work description provided by Fred Dodge, Jr. of Country Gardens dated September 27, 2012. Serena Furman conducted the site inspection on behalf of the Commission.
Kloss moved into the home in February of 2012 and told the Commission that she fears trees hanging over her house could potentially drop large limbs or come down upon her home. Kloss mentioned another specific tree that is at the water’s edge that is leaning out with exposed roots that she would like to have permission to remove.
The Commission gave Kloss permission to remove five white pines and one white oak as described in Country Gardens’ work description dated September 27, 2012. They specified that work shall take place only in the section identified as “behind the house.” The Commission conditioned that Kloss must leave the tree roots in place, if possible, to avoid erosion or slope failure and that she must plant three native trees as mitigation. It was also stated that erosion controls must be implemented and that work shall not result in erosion of the bank or slope.
Kloss agreed to all the conditions and replied that she will work closely with Fred Dodge to determine what should be planted after the trees have been removed.
There were no abutters present.
David Coppes made a motion to close the public hearing for a Request for Determination filed for pruning and removal of trees deemed hazardous or in poor health on property located at 160 North Shore Drive. Serena Furman seconded the motion and it was passed unanimously.
Doug Moffat made a motion to issue a Negative 3 Determination for pruning and removal of trees deemed hazardous or in poor health on property located at 160 North Shore Road. Serena Furman seconded the motion and it was passed unanimously.
Lower Village Water Supply
Kathy Sferra, Planning Board (PB) Representative
Kathy Sferra has agreed to talk with the Commission regarding the possibility of installing a public water supply on the open space behind Heritage Lane in Town Forest. This property is managed by the Conservation Commission and protected by Article 97.
The Town Administrator provided a memo regarding the extensive, ongoing search to provide water for Lower Village. His findings detailed that after an exhaustive search dating back to 2006, no water source, to date, has been deemed feasible.
Some time ago, the Commission agreed to bring a warrant to Town Meeting with intentions of lifting the restrictions on the Deerfield Lane parcel to allow for water exploration. That article is in the State Legislature at present. The Commission requested a copy of the Deerfield Lane warrant article and the vote.
Near the end of November 2012, David Coppes and Ingeborg Hegemann Clark conducted a site walk on the property in Town Forest. Coppes said it would need to be determined where the drilling would occur. If the area proposed were in a wetland, no drilling would be permitted. The Commission voiced its concern for how the wetlands in the area would be affected in the vicinity of a well. This would be a concern particularly during pump tests.
Sferra explained that, at this point, the Planning Board is simply looking for a preliminary vote of support from the Conservation Commission. She explained that they are not sure that they are going to want to drill in Town Forest or where exactly, but if the process moves forward, PB would like to be sure that the Commission will work with them.
Sferra explained the process by telling the Commission the order in which things would happen. PB would require a vote by the Conservation Commission, where a majority vote would be required. A warrant article would need to be drafted for May Town Meeting. The article would need to be presented at Town Meeting and if passed would move to the State Legislature and would need to be passed.
Kathy Sferra said that they would prefer a vote from the Commission as soon as possible since they would need to prepare the warrant article in March. They would need to have the warrant article reviewed by Jon Witten, Town Counsel.
The Commission told Sferra they would like more specific information on questions such as the volume of water that would be required from the well. The Commission would like more information as to where, specifically, on the parcel they are looking to drill and at what point in the process would they perform a pump test.
The Commission informed Sferra that they would discuss this item at their next meeting.
Woodhead Property
297 Boxboro Road
Earlier this year the Woodhead family approached Pat Perry and informed her that they would like to offer to the town two Approval Not Required (ANR) parcels that they will be listing for sale. These two parcels are located at 297 Boxboro Road and are contiguous to the Flagg Hill Conservation Area. Cortni Frecha and Pat Perry met with the Open Space Committee (OSC) on November 28, 2012 to discuss their site meeting with the Woodheads. Bruce Trefry was also in attendance to represent the Woodheads with their permission. Vin Antil has given the property a rating of five out of nine values. Discussion centered on the machine shop and all agreed that a level one inspection for contamination should be conducted. Pat Perry volunteered to request Jon Witten’s input on a 21E inspection.
At the present meeting, Frecha gave the Commission a summary of their meeting with OSC.
If the Commission is interested in the land, the next step would be to have an informal discussion with the Community Preservation Committee (CPC) regarding funding. There would need to be more research conducted on where to look for additional funding.
The Commission would need to draft conditions for the Woodhead’s and get a formal proposal of $350K in writing from the Woodhead’s. Professional appraisals were submitted valuing the property at $401K.
The Commission concurred that if the property were contaminated they would not be interested in acquiring it. They also felt that if they were to recommend acquiring the property at Town Meeting, they would need a better understanding of funding sources for the property.
The Commission took a straw vote to demonstrate that there was a consensus that all members of the Commission were in support of the project and taking the next step in looking for funding. All Commission members were in support.
Stow Acres Golf Course Development Rights
The Lankau’s, owners of Stow Acres Country Club, would like the town to consider buying the development rights to the golf course (320 acres). A committee made up of CPC, PB, OSC, ConCom and Board of Selectmen (BoS) members met with the Lankau’s and their attorney on October 12, 2012. A site meeting occurred on November 5, 2012 to tour the north and south course and the committee requested that Pat Perry of ConCom send out letters to appraisal companies requesting land appraisal estimates. There was discussion at that meeting regarding what uses would be retained with a Conservation Restriction (CR), and what uses the town would utilize. There will be challenges with procuring available funds, bonding issues with other capital projects pending and consideration for other golf courses in town. Jesse
Steadman, Assistant Planner, completed a build out analysis of the property. A meeting has been scheduled for December 5, 2012 to meet with Attorney Myron Fox and the Lankau’s.
FY2014 Budget Proposal
Town Administrator instructed departments to add a 3% cost of living (COLA) increase for all personnel and to include any step increases that were due. Conservation Commission Secretary, Maureen Trunfio, remains at Step 3 and will receive the 3% COLA raise. Perry’s salary will advance to the maximum step allowed for her position and she will receive the 3% COLA raise. Salaries for the Conservation Commission will total $78,699.
Department heads have been instructed to level fund expenses again. Expenses for this budget period, level funded, will equal $4,280. The Conservation Commission’s total budget will amount to $82,879.40 for FY2014.
Perry asked the Commission whether they would consider asking that money be appropriated for its Conservation Fund. Because of a slow economy, the Commission has not asked for its usual $10K to add to this account at Annual Town Meeting since 2010. Perry attempts to maintain this account at approximately $50K. The Commission has been able to add small amounts of money to this account with fees collected from Community Garden fees, etc. The account collects interest, and Perry estimates that, at present, the account stands at $49,335.13. The Commission agreed that they should draft a warrant article for Spring Town Meeting requesting that $5,000 be appropriated for the Conservation Fund.
David Coppes made a motion to approve the FY2014 Budget as prepared by Pat Perry to be presented to Bill Wrigley, Town Administrator. Cortni Frecha seconded the motion and it was passed unanimously.
323 Great Road
Pat Perry reported to the Commission that property owned by Malcolm Fitzpatrick at 323 Great Road is on the market for $369K. It has been assessed at $323K. The property measures 8.5 acres. Planning Board is interested in presenting the property to the Selectmen for potential purchase. PB has identified the property for its desirable location at the center of town. It has been mentioned as a possible site for a future fire station, etc. PB noted that it could be considered as a potential affordable housing site and/or as a possible site for a town water source.
Adjournment
Doug Moffatt made a motion to adjourn the meeting at 9:30 PM. Serena Furman 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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