Stow Conservation Commission
Minutes
August 7, 2012
A meeting of the Stow Conservation Commission was held at the Stow Town Building, 380 Great Road, Stow, Massachusetts, on August 7, 2012 at 7:30 in the evening.
There were present: Ingeborg Hegemann Clark, Chair
David Coppes, Vice-Chair
Serena Furman
Doug Morse
Absent: Cortni Frecha
Rebecca Mattison
Doug Moffat
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 July 17, 2012 as drafted and amended. Doug Morse seconded the motion and it was passed unanimously.
Derby Woods Conservation Restriction/Municipal Certification
Bruce Trefry and Pat Perry have inspected the trail built by Habitech and gave final approval. Habitech has requested street acceptance at the fall town meeting. The Chair read the document aloud and the Commission voted to sign the Municipal Certification for the conservation restriction between Habitech and the Stow Conservation Trust (SCT).~ Perry is scheduled to appear at the Board of Selectmen’s meeting on August 14th at 7:30 PM. She has notified the SCT and Habitech’s attorney that they will need to be present at the August 14th Selectmen’s meeting.~ According to Jon Witten, the land transfer should be done after the conservation restriction has been recorded.~
Request for Certificate of Compliance (#299-0527)
253 West Acton Road (R-20 #39)
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.
David Coppes made a motion to issue the Certificate Of Compliance for work satisfactorily completed at 253 West Acton Road in compliance with Order of Conditions File No. 299-0527. Serena Furman seconded the motion and it was passed unanimously.
Request for Determination of Applicability
214 Barton Road (U-2 #32)
At 7:45 PM Ingeborg Hegemann Clark opened the public hearing for a Request for Determination of Applicability filed by Shirley Rothwell for the proposed activity of replacing a failed walkway and stairway at 214 Barton Road within 50 feet of Lake Boon. Serena Furman inspected the site. Upon inspection of the area proposed for reconstruction, Furman found the steps to be unsafe.
Work will be completed by Mark Smith Landscaping of Hudson, MA. Smith and Rothwell were present for the hearing and Smith presented to the Commission. He said that all excavation would be done by hand. The Commission informed Smith that he would only be permitted to excavate what could be worked on and completed within one day before going on to the next phase of construction. This would help fulfill Smith’s commitment to stabilize soil at the end of each day as conditioned by the Commission. Smith agreed to this condition. He told the Commission that he would like to remove the existing flagstone steps that are falling apart and are dangerous. Smith told the Commission that he would build the replacement steps using Ideal Paver bricks (pervious) and bluestone caps (impervious). The walkway is approximately 54 feet in length by 3.5
feet wide. There would be ten steps with cedar railings at each step. Smith said that no cement would be used.
Smith told the Commission that the pitch down to the lake would be a 22.5% grade. The Commission recommended that Smith also pitch the stairs horizontally to the side at a 1.5% grade. This would allow water to drain properly in the event of heavy rainfall. This would also prevent water from freezing in place during cold weather. Smith agreed to the change.
Originally Smith requested that the walkway lead directly to the lake, but the Commission recommended that it stops approximately five feet before the lake where a grassy area leads to the shoreline. Smith and Rothwell agreed. Another change to the original plan included an old set of stairs on the far side of the property that Smith requested they leave in place. The Commission agreed that removing the old steps would cause disturbance and allowed them to be left in place.
The Commission requested that one straw roll (wattle) be staked along the edge of the grassy area where erosion might occur. Smith agreed.
All changes discussed with Smith and Rothwell at this meeting were noted on the submitted plan.
David Coppes made a motion to close the public hearing for a Request for Determination of Applicability filed by Shirley Rothwell for the proposed replacement of a failed walkway and stairway at 214 Barton Road. Doug Morse seconded the motion and it was passed unanimously.
David Coppes made a motion to issue a Negative 3 Determination with conditions approving the Request for Determination of Applicability filed by Shirley Rothwell for the proposed replacement of failed walkway and stairway at 214 Barton Road. Serena Furman seconded the motion and it was passed unanimously.
211 Randall Road (R-12 #8)
The homeowner, Nathan Smith, was in the process of performing tree cutting and excavation work on his property at 211 Randall Road in order to construct a driveway. It was noted that this section of his property is possibly located in a Riverfront Area (RA) due to a stream (Sandy Brook) that exists across the street from Smith’s property. On July 30, 2012, Pat Perry, sent a letter to Smith insisting that he cease and desist from any further work. Smith agreed to appear before the Commission.
Smith appeared at this meeting and it was determined, via Google Earth documents, that his project was located beyond the Commission’s jurisdictional area.
Derby Woods Open Space Trail and Conservation Restriction
Habitec, Inc., developer of the land, wants street acceptance at the fall town meeting. The Commission will need to vote and sign the Municipal Certification for the conservation restriction between Habitech and the Stow Conservation Trust (SCT).~ Pat Perry will appear at the Board of Selectmen’s August 14, 2012 meeting at 7:30 PM. Perry has notified the SCT and Habitech’s attorney that they will need to be present at the meeting as well.~ According to Jon Witten, Town Counsel, the land transfer should be done after the conservation restriction (CR) has been recorded.~ Pat Perry walked the trail with Habitech’s logger to locate the trail.~ Bruce Trefry and Perry have inspected the trail together and gave it final approval. Pat displayed photos of the trail at this meeting. Perry would like to set a date to walk the
trail with Bruce Trefry and members of the SCT.
The deed to transfer the land will be executed and sent to Perry so that the transfer can occur when the CR is approved by the Secretary of Executive Office of Energy and Environmental Affairs (EOEEA) and recorded.
Serena Furman made a motion to accept the construction of the Derby Woods Trail. David Coppes seconded the motion and it passed unanimously.
Perry told the Commission that the owners of 10 Sylvan Drive, in this development, have encroached on conservation land at the rear of their property. Pat Perry asked Cathy Netburn to write a letter to the owners letting them know that they have encroached.
Corzine Woods Conservation Restriction
The SCT owns the Corzine Woods property and the conservation restriction (CR) will go to the town under the management and control of the Conservation Commission. The CR will be purchased with Community Preservation Funds as voted on at town meeting. Pat Perry advised that the Commission vote to accept the CR at this evening’s meeting. If approved by the Commission, Perry will be present this CR at the Board of Selectmen’s August 14, 2012 meeting.
David Coppes made a motion to accept the Corzine Woods conservation restriction. Doug Morse seconded the motion and it passed unanimously.
Violation Lundy Property
Joanne Drive (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 file a Request for Determination of Applicability.
When members of the Commission, Ingeborg Hegemann Clark and Serena Furman, visited the site, accompanied by Lundy, they 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 down the slope into the wetland.
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. The Commission estimates that Lundy altered 600 s.f.
Lundy is willing to comply and requested a letter from the Commission describing what they would like him to do to restore the area.
Abutter Gerry Noone of 35 Forest Road was present at this current meeting and said that everything to the right of the cart path floods when rain occurs. He said that he believes that there are two vernal pools on the Lundy property.
The Commission decided that they would like Lundy to file a RDA by September 15, 2012. This should allow ample time for work to be completed before the winter season.
Action and Discussion Item
Provision of Preliminary Feedback to Applicant Regarding Riverfront Area/35 foot No Disturb Zone
Minute Man Air Field Solar Project/Safety Upgrades (#299-0550)
302 Boxboro Road (R-7 #30-7, 34, 35, 38)
On July 17, 2012 a public hearing for a Notice of Intent (NOI) filed by
Andrew Bernstein of Kearsarge Solar LLC was opened. The NOI proposed improvement of runway safety areas, marking of vegetative airspace obstructions and installation of a photovoltaic renewable energy facility at Minute Man Air Field (MMAF) at 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 on that date. Kearsarge agreed to continue that public hearing to September 18, 2012.
At the present meeting the Commission wanted to discuss what information they required before the scheduled August 25, 2012 site visit.
The first issue discussed amongst the Commission was the fact that when Kearsarge originally came before the Commission for its public hearing, it began its presentation by stating that they had changed details in their NOI since it was first filed. Their presentation that evening was based upon changes they they would like to implement—not the plan they originally submitted. The Commission discussed this and determined that a statement and presentation such as that practically invalidates the entire filing. The Commission determined that it will request an updated plan to review before the site visit.
The second issue discussed amongst the Commission was the intrusion into the 35-foot No Disturb Zone (NDZ). The Commission feels that Kearsarge’s plan should be amended to withdraw out of 35-foot NDZ. The Commission noted that they have only allowed Syncarpha Solar (solar project on Delaney Street) one fence post in the 35-foot NDZ. Alternately, the Commission found that Kearsarge would need to come up with an overriding public benefit. The Commission does not consider the value of solar energy to provide public benefit because it is an economic venture with the intention of making a profit.
The third issue the Commission discussed at the current meeting involved the riverfront area. The Commission would like to know exactly how much work is in the riverfront area. The Commission noted that it did not agree with Kearsarge’s definition of “previously disturbed” as utilized in this filing in the riverfront area. Randy Christensen, the project’s environmental scientist, claims that certain areas are disturbed because trees have been cut. The Commission’s opinion is that this does not match the regulatory definition. The Commission will inform Christensen that
they have concerns with areas that Kearsarge is calling previously disturbed.
The fourth issue was the extra power pole proposed in the wetland area. Kearsarge stated they needed the extra power pole in the wetland area in order for overhead power cable to span the distance. The Commission felt that it might not want to allow the pole directly in the wetland. They would like Kearsarge to research options for spanning the distance without the extra pole.
The fifth item discussed was the fact that there were no array footing details included in the filing. The Commission would like details on this information.
Pat Perry will contact Kearsarge and inform them that the above details will need to be tended to before the August 25, 2012 site visit.
MAPC & Charles River Watershed Association/Smart Sewering Strategy Grant Program
MAPC and Charles River Watershed Association are waiting to hear whether Stow is interested in participating in the Smart Sewering Strategy Grant Program. The Commission felt they might be interested in hearing more information regarding the grant program. However, they felt that this might be a moot point due to the fact that Lower Village has no water source.
Tree Removal
156 North Shore Road (U-4 #28)
Resident, Ed Hodgkins, visited the Commission office and asked for advice regarding proper procedure for permission to remove one tree on his property. Pat Perry conducted a site visit and found that the tree mentioned was sitting atop the sea wall and leaning toward the water. Hodgkins was granted permission to remove the tree but was instructed to leave the stump in place.
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 at that meeting. Suleski revisited the Commission at the June 5, 2012 meeting to ask the Commission’s 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 conducted a site walk with Suleski on July 19, 2012 to determine if, and where, stockpiling would be permitted.
Coppes reported that Suleski was concerned with additional silt that would appear when drilling commenced. Skilling & Sons, the drill operator, suggested Suleski contact the Commission before drilling begins and determine a place to stockpile the silt brought up with water during the drilling process. Coppes inspected the site and found a suitable area. The Commission determined that in this particular area they will require a silt fence in addition to two rows of straw bales. David Coppes will inspect the site when drilling begins and if silt is found to be “sifting through” the straw bales, an additional dirt bag (that will better capture silt) will be required in that same area. Coppes will email Suleski to notify him of this fact and to remind them to contact him before work begins. The Commission determined that JHWC
need not amend their Order due to the fact that they are increasing protection to the wetland area.
Steppingstones School
23 Gleasondale Road (U-10 #65)
The Commission noticed that a mulch pile is located near the wetland line. The Commission asked Pat Perry to email Ross and Susan Perry, owners of Steppingingstones, requesting that they move the mulch pile away from the wetlands and also inquire when they plan to erect the fence.
Adjournment
David Coppes made a motion to adjourn the meeting at 10:45 PM. Doug Morse seconded the motion and it was passed unanimously.
The Commission adjourned at 10:45 PM.
Respectfully submitted,
Maureen Trunfio
Stow Conservation Commission Secretary
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