Stow Conservation Commission
Minutes
June 26, 2012
A meeting of the Stow Conservation Commission was held at the Stow Town Building, 380 Great Road, Stow, Massachusetts, on June 26, 2012 at 7:30 in the evening.
There were present: Rebecca Mattison, Chair
Ingeborg Hegemann Clark
Serena Furman
Cortni Frecha
Doug Morse
Absent: David Coppes
Doug Moffat
Associates: Andy Snow
Jeff Saunders
Sandy Taft
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
Cortni Frecha made a motion to approve the minutes of June 5, 2012 as drafted and amended. Serena Furman seconded the motion and it was passed unanimously.
Request for Determination of Applicability
KMW Hardware Inc./117 Great Road (R-30 #13A)
At 7:35 PM Rebecca Mattison opened the public hearing for a Request for Determination of Applicability filed KMW Hardware Inc. for the installation of a propane filling station at 117 Great Road. Pat Perry reviewed the application and inspected the site. The Fire Department has been involved with the installation of the filling station as well.
The work is within the 100-foot buffer of the storm water and fire pond at the rear of the Plaza. Kevin Whalen, owner of KMW (Ace) Hardware, was present and displayed plans and photos for the Commission. He explained that he is proposing to install a 1,000 gallon propane filling station at the back of the store at the Shopping Plaza in Stow. Customers will be serviced through the existing Ace Hardware storefront and will not need to drive behind the building.
The filling station would be located on a concrete pad and entirely enclosed by safety fencing.
Pat Perry reported that the proposed site is in a previously disturbed area. The Fire Department requires the propane tank to be located10 feet off the pavement. Whalen told the Commission that existing boulders will be relocated to create a barrier on each side of the filling station. Pat Perry explained that knotweed will have to be kept under control or eradicated. Whalen said he will comply.
Daisy Dearborn, an abutter at 24 Meetinghouse Lane, was present and spoke in support of Whalen installing the filling station and support of local businesses.
Ingeborg Hegemann Clark made a motion to close the public hearing for a Request for Determination of Applicability filed for proposed installation of a propane filling station at 117 Great Road. Serena Furman seconded the motion and it was passed unanimously.
Notice of Intent (#299-0547)
6 Billadell Road (R-1 #3)
At 7:47 PM Rebecca Mattison opened the public hearing for a Notice of Intent filed by
James and Gina Shea for the demolition of an existing driveway, reconstruction of a new driveway, installation of a new walkway with steps to access existing house, demolition of existing barn and construction of a new garage on the existing foundation. Ingeborg Hegemann Clark, along with Jeff Saunders, inspected the site on behalf of the Commission.
DEP has requested that the applicants provide an alternative analysis to the Commission and MassDEP for work in the Riverfront Area. The new driveway was originally proposed to be 14-feet wide. That was reduced to a 12-foot width. At the suggestion of the Commission the property owners agreed to check into the cost of utilizing impervious paving material. Mitigation has been proposed such as establishing a no-cut zone around the pond and planting high-bush blueberries and cranberries in that zone. This filter strip around the pond was suggested by the Commission at the site visit. The Commission also suggested wildlife plantings at the site inspection. Additional mitigation measures include planting trees and bushes along street.
Steve Poole of Lakeview Engineering was present and presented plans to the Commission. Poole pointed out the inner and outer riparian zones as well as the 100-foot buffer zone. He also pointed out a wetland area on the adjacent property owned by OARS. He showed the 35-foot buffer around the pond.
A portion of the existing driveway, of which 311 feet is in a riparian zone, will be removed.
1,010 feet of the driveway is in the outer riparian zone. There’s 574 ft of pavement that is within the 35 foot No Disturb Zone that would be eliminated and replaced with lawn and landscape. Overall pavement for existing driveway is 2,294 s.f. The proposed pavement would be 2,758 s.f.
The Commission asked how much of the existing pavement would be removed from the riverfront area. Poole stated 1,274 s.f. The Commission views this as additional mitigation due to the removal of impervious material. The Commission asked how much would be removed from the 35-foot NDZ. Poole answered 574 s.f.
Poole mentioned 310 CMR Section 10.02 attachment that talks about conversion of lawn into accessory uses adjacent to single family homes as minor projects. Work must be outside 50-feet of riverfront or wetland area. The Commission agreed with the conversion of lawn outside the riverfront area in general, but not for driveways. Poole reported that the total alteration would be 3,192 s.f. which keeps the project under 5,000 s.f.
The Commission agreed that since the lot was recorded pre-1996; a portion of the activity constitutes redevelopment that the applicant reduced the size of the proposed driveway, and htat mitigation measures will be implemented, that an order of conditions could be issued.
Due to the proximity of the Kalousdian open space parcel, a representative from OARS (Organization of the Assabet River) viewed the application and plans. They had no issue with the applicant’s proposal. During the site visit the Commission found a possible vernal pool on the OARS property. At the present meeting, the Commission asked the owner, Gina Shea, to agree to a condition stating that in the future there would be no further work in the wetland area with the exception of native plantings in the area of the possible vernal pool. Shea agreed.
Serena Furman made a motion to close the public hearing for Notice of Intent File No.299-0547 filed by James and Gina Shea for the demolition of an existing driveway, reconstruction of a new driveway, installation of a new walkway with steps to access existing house, demolition of existing barn and construction of a new garage on the existing foundation at 6 Billadell Road. Cortni Frecha seconded the motion and it was passed unanimously.
Ingeborg Hegemann Clark made a motion to approve and issue the Order of Conditions File No. 299-0547 as drafted and amended for the proposed activity of demolition of an existing driveway, reconstruction of a new driveway, installation of a new walkway with steps to access existing house, demolition of existing barn and construction of a new garage on the existing foundation at 6 Billadell Road. Cortni Frecha seconded the motion and it was passed unanimously.
Notice of Intent (#299-0548)
Delaney Street (R-4 #27 & 28-1)
At 8:06 PM Rebecca Mattison opened the public hearing for a Notice of Intent filed by
Syncarpha Solar, LLC for redevelopment of a construction yard into a proposed solar energy field off Delaney Street. Ingeborg Hegemann Clark, along with other members of the Commission, inspected the site on behalf of the Commission
Larry Beals of Beals Associates Inc. presented to the Commission. Greg St. Louis, engineer for Beals Associates, Bob Knowles of Renewable Energy Massachusetts, LLC (REM) and Brian Koppell also of REM were present at this meeting.
Beals began by re-capping what was discussed at a former meeting with the Commission on February 7, 2012. He began by explaining the flow of water on the site. He explained the fact that Teradyne owns the property due to contamination on the site. He spoke about Natural Heritage and explained that they are remapping the site and are no longer concerned about species that may have occupied the site and will delist the site. Instead of waiting for their new maps to be released, Beals has contacted Natural Heritage and expects clearance from them.
A slide displayed made note of approximately ten trees they would like permission to remove due to their height and possible shading. If removal is not advisable, Beals asked for permission to “top off” the trees that might cause shading. One tall tree is out of the Commission’s jurisdiction.
As mitigation for putting panels in the riverfront area, Beals proposed covering the area with topsoil and seeding with a low growing, high-value conservation mix to try to establish a better quality of plant growth in the area. The Commission asked if the area would need to be mowed and Beals said they will need to mow approximately once a year. He said no herbicides would be used on the site. The Commission asked about plantings on the property. Beals said they plan to take small trees and plants already established on the property and move them to appropriate on-site locations.
Beals explained security plans for the facility. They would like to erect an eight-foot high black chain link fence. There would be a three-inch gap at the bottom for wildlife to pass through. The Commission asked how they would install the fence. Beals said they prefer simply driving the poles into the ground, but might need to use concrete if problems arise. There will be slow-growing trees (such as Norway Spruce) planted as a screen in front of the fence. A mock-up of the completed street view was shown to the Commission.
Beals said that the solar panels will be slanted from ten-feet at the high end down to three feet at the low end. He said they will be moving storm water 10-15 feet max. They are working with Planning Board on storm water management requirements. As an additional measure they would like to build a small trench around the entire perimeter to act as a berm. The Commission asked for clarification on the excavation regarding this construction of the berm. Beals exhibited a plan that showed they would make one to two passes with a small loader. The panels themselves will be anchored with helical piers that screw into the ground.
Sandy Taft asked if an access road would be required to service panels etc. Beals said there would not be an access road per se. There would be a path along the fence that they will drive along if service is needed at the rear of the property and he said that it is possible to drive between the panels if necessary.
Abutter, Garry Balboni of ET&L Construction on Delaney Street, questioned whether Beals had a backup plan in the event that the augers will not penetrate the rocky ground when installing the helical piers. Beals said that they would plan to use a ballasted system using cement blocks to hold the panels down. Beals added that they’re fairly sure the helical piers will work in this application. Balboni asked what plans were in place if there were a harsh winter with heavy snow fall. Beals said they’ve done analysis and it would have to be an extraordinary winter to have 3-foot high snow pack on the ground. Gregory St. Louis explained that some degree of energy production might be lost but gains would be made in the summer months.
Serena Furman made a motion to close the public hearing for Notice of Intent File No. 299-0548 filed by. Syncarpha Solar, LLC for the proposed activity of redevelopment of a construction yard into a proposed solar energy field off Delaney Street. Cortni Frecha seconded the motion and it was passed unanimously.
Notice of Intent (#299-0548)
Lot 2 Walcott Street (R-1 #24-1 & 26-4)
At 9:05 PM Rebecca Mattison opened the public hearing for a Notice of Intent filed by
Daniel and Karyn Warila of 158 Walcott Street, for the proposed activity of construction of a driveway for a new single family dwelling at the adjacent lot, Lot 2. Ingeborg Hegemann Clark, with assistance from members of the Commission, inspected the site on behalf of the Commission
Scott Goddard, Professional Wetland Scientist from Goddard Consulting LLC, presented to the Commission. The applicants are proposing to construct a new single-family home. Portions of the driveway are within the 100 foot buffer zone. The plan shows no work proposed within the 35 foot No Disturb Zone (NDZ).
Work proposed within the buffer zone includes two sections of driveway. The initial stretch of driveway, originating from Walcott Street, will be within the 100-foot buffer zone. An additional length of driveway further up from the initial stretch will be within the 100-foot buffer zone.
Goddard presented two separate plans for mitigation. NOI Plan A dated 6/26/12 shows a 10-foot wide meadow area. This area would require mowing once a year. Goddard suggested that an area be dedicated to creating a goldenrod, jewelweed meadow mix area adjacent to the wetland that would create a buffer from the grass area. This was discussed at the site walk.
Another option presented by Goddard, NOI Plan B dated 6/26/12, discussed at the site walk involved the area where the driveway comes in to the property. In this area there is a cluster of approximately 12 fairly mature evergreens and an effort could be made to avoid these. This plan would require further encroachment in the 35-foot NDZ. The Commission pointed out that this plan provides the advantage of providing overwintering protection for wildlife. The Commission chose Plan B.
During the site visit there was discussion about additional plantings in the wetlands. Goddard said that after speaking with the owners they would rather not pursue that idea. Ingeborg Hegemann Clark described the area as wetland but clarified that it is maintained as lawn and it is a wet lawn. There are three willow trees in the area. The Commission said they would like to see more shrubs planted in the area, but will disregard the idea at the present time.
When the Commission asked for clarification on the placement of the home to be built, Goddard explained that it was out of the buffer zone. He also explained that there’s a potential for a third lot that may be developed in the future. When asked, Goddard said that the third lot will also require driveway access in the buffer zone.
The Commission asked whether the owners would consider utilizing porous pavement material when building the driveway. Goddard said that they would not.
Mark Jones of 203 Boxboro Road was present in the audience and questioned whether the property was becoming a “piecemeal subdivision”. The Commission clarified that the piece of property is designed for three houses. Jones suggested that as homes develop in the future, a shared driveway might be a good idea. The Commission appreciated the suggestion and told Jones that they would take the idea into consideration when the time came. Jones questioned whether a “full” road be a better option. The Commission felt that a full, proper road with sidewalks would be much more invasive.
Cortni Frecha made a motion to close the public hearing for Notice of Intent File No. 299-0548 filed by for the proposed activity of construction of a driveway for a new single family dwelling at the adjacent lot, Lot 2, Walcott St. Serena Furman seconded the motion and it was passed unanimously.
Cortni Frecha made a motion to approve and issue the Order of Conditions File No. 299-0548 as drafted and amended for the proposed activity of construction of a driveway for a new single family dwelling at the adjacent lot, Lot 2, Walcott St. Doug Morse seconded the motion and it was passed unanimously.
Woodhead Parcels
297 Boxboro Road (R-19 #8A&8B)
Pat Perry, in accordance with procurement law, contacted four firms and requested an estimate of cost of a fair market value appraisal including appraiser attendance at one meeting. She also asked for an estimation of time for completion of the appraisal. The deadline for proposals to be submitted to the Commission for review was today, June 26, 2012. Perry received two proposals and both were similarly priced, however the proposal from Avery Associates’ came in at the lowest estimate. The Commission agreed to award the contract to Avery Associates of Acton, MA.
Ingeborg Hegemann Clark made a motion that Avery Associates be retained to conduct the appraisal of the two ANR parcels (Woodhead Property) on Boxboro Road. Serena Furman seconded the motion and it was passed unanimously.
Appointment of Liaison to the Community Preservation Committee (CPC)
The Commission is in need of a liaison to represent itself at CPC meetings. The liaison must be a voting member of the Commission and would be the point person for any open space issues. Pat Perry advised that this would be a good time for the appointment of a new member due to the fact that the CPC has decided to re-educate all members at this time. This is a one-year appointment.
Cortni Frecha agreed to accept the appointment to be the Conservation Commission’s liaison to the CPC.
Ingeborg Hegemann Clark made a motion to appoint Cortni Frecha as the Conservation Commission’s liaison to the Community Preservation Committee. Serena Furman seconded the motion and it was passed unanimously.
Foreclosed Property List
Pat Perry gave the Commission her comments and the Planning Board’s comments for comparison. She told the Commission that both departments are in agreement except for affordable housing possibilities.
Serena Furman added that she confirmed that the parcel on Farm Road is indeed trailhead access leading into 135 acres of Maynard Conservation Land. She added that this access may serve as safe access to a potential future rail trail.
The Commission agreed to submit the recommendations, with Serena’s comment, to the Treasurer Collector as they stand.
Enforcement Issue
816 Great Road
Pat Perry has been working with homeowner to complete a Notice of Intent application. He has cleaned out (by hand) anything that entered the wetland. He has questions regarding the jute mat and what he should plant and where. Pat Perry added that there are no signs of erosion on the slope to the wetland even with all the heavy rain the area has received.
Enforcement Issue
626 Great Road (Gulf Station/Dunkin’ Donuts)
Pat Perry has been in touch with Mr. Lorden and with the landscaper regarding the planting plant for the back of the convenience store. The landscaping company had sent a proposal to Lorden for the work, but Lorden has not responded. Mr. Lorden will be notified and given a deadline to commence work or further fines will be issued.
Headway Life Course
Pat Perry has been in contact with the Stow Conservation Trust (SCT) with regard to the poor condition of the Headway Life Course on Marble Hill Conservation Land. The SCT has told Perry that they built the course but were not aware that they were responsible for its maintenance only the funding. Don Rising, Clerk of the SCT has requested a meeting with the Conservation Commission for a discussion regarding the Head Life Course. Perry stated that for the last 15 years she has inspected the course with the Building Inspector and notified the Trust when maintenance was needed. The Commission requested Perry invite the Trust to a meeting to discuss the issue. The Commission views the Life Course as an asset to the town.
Adjournment
Ingeborg Hegemann Clark made a motion to adjourn the meeting at 10:35 PM. Doug Morse seconded the motion and it was passed unanimously.
The Commission adjourned at 10:35 PM.
Respectfully submitted,
Maureen Trunfio
Stow Conservation Commission Secretary
| 
