Stow Conservation Commission
Minutes
March 5, 2013
A meeting of the Stow Conservation Commission was held at the Stow Town Building, 380 Great Road, Stow, Massachusetts, on March 5, 2013 at 7:30 in the evening.
There were present: Ingeborg Hegemann Clark, Chair
Cortni Frecha
Serena Furman
Doug Morse
Jeff Saunders
Associate: Andy Snow
Absent: David Coppes, Vice-Chair
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
Cortni Frecha made a motion to approve the minutes of February 5, 2013 as drafted and amended. Serena Furman seconded the motion and it was passed unanimously.
Partial Certificate of Compliance Request (#299-0322)
30 Asa Whitcomb Drive (R-8 #8A, 8B, 9)
Property owners, Thomas and Deanna Neff, contacted the office requesting a Certificate of Compliance for this property located at 30 Asa Whitcomb Way. Asa Whitcomb Way is a street that a builder had developed and built three homes in 2001. Before completing the project, the developer passed away and compliance was never achieved. David Coppes, who was absent from this meeting, inspected the site and gave his report and photos to Pat Perry who presented them at this meeting. Coppes’ report stated that the 100’ and 35’ No Disturb Zones were undisturbed. Coppes did ask that Perry convey to the owners that they should clean debris out of the swale.
The Commission agreed to issue a partial Certificate of Compliance.
Serena Furman made a motion to issue the Partial Certificate Of Compliance for work satisfactorily completed at 30 Asa Whitcomb Way in compliance with Order of Conditions File No. 299-0322. Cortni Frecha seconded the motion and it was passed unanimously.
Taylor Road PCD Open Space
Conservation Restriction (CR)
Pat Perry has been working to finalize the Taylor Road Open Space CR. The Commission agreed with Perry that it should not hold open space in Boxboro. Original language stated that the open space would include 87,543 sf in Boxboro and 400,831 sf in Stow. The land would be owned by the homeowners. The Commission decided to request that the Planning Board (PB) modify their decision to require a CR on the land in Stow only. The Planning Board has already discussed this issue and is in agreement with the Conservation Commission. Karen Kelleher of PB will notify Boxboro. Once the CR has been revised to remove the open space in Boxboro, the Commission will vote to accept and sign the document before presenting it to the Board of Selectmen for endorsement.
The Commission agreed to request that Planning Board modify their decision.
Cortni Frecha made a motion to request that Planning Board modify their decision to require a Conservation Restriction on land in Stow only. Jeff Saunders seconded the motion and it passed unanimously.
Dog Issues
Gardner Hill Conservation Area
The Commission discussed problems with off-leash dogs on conservation land and the necessity of updating its regulation regarding dogs. The Commission mentioned that many dog owners are attracted to Stow’s Town Forest because dogs are permitted off leash.
It has been reported that the problematic dog walker from Marlboro seems to be walking clients’ dogs elsewhere. There was a recent report of one Stow resident in Town Forest with five dogs. One of her dogs attacked another resident’s puppy. This incident was reported to police. The same offender was in Town Forest today with six dogs and is reported to have been belligerent toward other citizens using conservation land.
Andy Snow has researched tactics that other towns, specifically Weston, have adopted to control similar problems. Snow found that Weston’s Town Bylaws contain a separate dog regulation. She also reported that Weston only allows professional dog walkers by permit only.
The Commission agreed that more stringent, uniform regulations would serve as a solution for the moment. They felt that all conservation lands should be governed by the same regulations. It was said that at some point this issue of dogs on public land may need to be taken to Town Meeting and a vote taken to invoke a new bylaw.
The Commission agreed that language used to refer to all dog walkers should read as “custodian,” “guardian” or “keeper.” The Commission decided that each custodian should be responsible for no more than two or three dogs. Additionally, they felt that no commercial dog walkers should be permitted to use conservation land.
Commissioner Serena Furman noted that the many surrounding town require that state all dogs are required to be on leash. If custodians decide to let dogs loose, they, and not the town, are ultimately responsible for any damage that may occur.
Once the regulation has been written and voted into effect, the updated information will be posted at all trailheads. The Commission will continue to discuss this issue at its March 19, 2013 meeting Language will be formulated for an update to the Conservation Commission’s regulations regarding dog walking.
Lower Village Water Supply
The Commission reviewed notes from Karen Kelleher of the February 20, 2013 joint meeting that included representatives from the Planning Board (PB), Board of Health, Selectmen, Conservation Commission, and business owners.
While reviewing the notes, Hegemann Clark wanted clarification on item number six. This item stated that “the Commission is in discussion about allowing a test well up front so the business property owners will have more information on the feasibility for a well. A vote of the Conservation Commission is required.” Hegemann Clark wondered what the vote was required for. Perry clarified that the Commission needs to respond to Planning Board and Bill Wrigley and commit to take a vote to allow the test well(s), once parameters for test wells have been established with the chosen company.
Pat Perry reported that at the joint meeting they talked with the property owners about it being in their best interest to complete the test well process to see if the required water is a real possibility on the property. Whether they decided to put in a water supply now or in the future, the consensus was that the Town should go forward with the town meeting vote and request that the legislature allow us to move forward with water exploration.
Deerfield Lane was also discussed at the February 20th meeting. The question was whether options for water on the Deerfield Lane property should be kept open. Bill Wrigley voiced his opinion that it should be kept as an option. He explained that if a water source is allowed on Deerfield at some point, that water will be intended for that area and continue toward the center of town. Any future water source from Heritage Lane would, most likely, only serve Lower Village.
The Commission voted to allow a well testing program on Heritage Lane open space property to ensure that the exploration for water is viable.
Serena Furman made a motion to approve upon signature of agreement with a test well driller the test well program for public water supply on the Heritage Lane open space with notification to the Conservation Commission 72 hours prior to actual test well(s) installation to ensure appropriate erosion controls are taken. Cortni Frecha seconded the motion and it was passed unanimously.
Derby Woods Open Space Conservation Restriction
Pat Perry reported that the Stow Conservation Trust (SCT) sent a report to the Commission regarding the Derby Woods conservation restriction, baseline document and their recommendation for changes to the bylaw requiring open space. The space will be owned by the Town and managed by the Conservation Commission and will be protected under Article 97. The SCT met the night prior to this meeting and voted to stand by their commitment to accept the Derby Woods CR.
Gary Horowitz sent Perry an email this morning stating that they will accept the CR when two items have been resolved. First, they asked that the Baseline Study conducted by Rose Land Survey be updated to correct errors (e.g., the list of Removed Encroachments does not include all the items listed on the Table of Encroachments.) Second, they stated that work will need to be done to resolve some issues on the property (e.g., determine whether part of the trail, all of which should be located within the open space, has been constructed on land belonging to Lot 27.)
Pat Perry told Horowitz that she will review the Baseline Study and take a look at the concerns he had raised. Perry told Horowitz that because the CR is between the SCT and Habitech, the SCT will need to request that Habitech clarify or update the Baseline Study because it was completed by their surveyor. She also told him that she will review her Derby Wood file and compile letters from attorneys stating that certain tasks have been accomplished.
Pat Perry said that she will organize a meeting with representatives from the SCT, herself and representatives from the Conservation Commission. Serena Furman and Cornti Frecha said they would attend.
323 Great Road
Property for Sale
Ingeborg Hegemann Clark and Pat Perry represented the Commission at a joint meeting organized by Planning Board on February 28, 2013 to discuss possible uses for the property at 323 Great Road that is currently for sale. Possible uses include: public water supply and/or water supply for sprinkler systems to serve municipal buildings; affordable housing; municipal parking; open space and access to Ministers Pond; community gardens; relocation of the fire station; construction of a community center and storage area for municipal equipment. Planning Board explained that once determined, the parcel would only be used for one purpose.
The location near the center of town makes this property relatively valuable to the Town. At the joint meeting Hegemann Clark talked about the environmental aspects of Ministers Pond and the “floating islands” along Route 117 contained on the property. She felt that as long as use is contained to the west side of the property, the environmental value would not be lost. The Commission is supportive of the Town seeking funds to purchase this property.
Minute Man Air Field
Don McPherson requested an informal discussion with Ingeborg Hegemann Clark to discuss the repair and repaving of the runway at Minute Man Air Field. Hegemann Clark reported to the Commission that McPherson would like to repave and repair the runway. He would like to cut the runway down six inches and repave it up to a certain point. She verified that this project will affect the riverfront area. McPherson stated that he might want to extend the pavement southerly over the existing culvert.
The Commission has informed McPherson to contact the office when he is ready to move forward with this project. He is aware that this process will require a Notice of Intent and a public hearing will need to be scheduled. Associate Commission member Stewart Dalzell will be included in discussions and the public hearing.
Certificate of Compliance Request
State Firefighters Academy
The State Firefighters Academy located in Stow has requested a Certificate of Compliance.
Pat Perry will coordinate commissioners and a representative from the academy to arrange a date and time to inspect the property once the snow has cleared.
Pat Perry’s Replacement Search
There has been discussion of Pat Perry retiring June 30, 2013. The Commission had a brief discussion regarding the steps that will need to be taken to search for a viable candidate.
Adjournment
Cortni Frecha made a motion to adjourn the meeting at 9:10 PM. Doug Morse seconded the motion and it was passed unanimously.
The Commission adjourned at 9:10 PM.
Respectfully submitted,
Maureen Trunfio
Stow Conservation Commission Secretary
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