Stow Conservation Commission
Minutes
September 17, 2013
A meeting of the Stow Conservation Commission was held at the Stow Town Building, 380 Great Road, Stow, Massachusetts, on September 17, 2013 at 7:30 in the evening.
There were present: Ingeborg Hegemann Clark, Chair
Cortni Frecha
Serena Furman
Doug Morse
Jeff Saunders
Andy Snow
Absent: David Coppes, Vice-Chair
comprising a quorum of the Commission; also
Present: Kathy Sferra, Conservation 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 August 6, 2013 as drafted and amended. Serena Furman seconded the motion and it was passed.
Cortni Frecha made a motion to approve the minutes of September 3, 2013 as drafted and amended. Andy Snow seconded the motion and it was passed unanimously.
New Open Space Map
Kathy Sferra provided the Commission with updated Open Space Maps prepared by Jill Kern. The map was last updated in 2008 updated. She asked the Commission to inform her of any discrepancies.
Site Inspection Assignment NOI for 53 Great Road
Jeff Saunders and Ingeborg Hegemann Clark conducted a site inspection for an RDA project at the same site in the summer of 2012. New owners of the property have filed an NOI seeking permission to install a garage. Saunders accepted the assignment.
Tree Down in Lake Boon
Kathy Sferra informed the Commission of a tree that has fallen into Lake Boon and displayed photos. A large portion of the tree is submerged under approximately 5 feet of water and is not visible. The Commission views this as a hazard. The property owners are seeking permission to have a professional tree company remove the tree. Sferra reported that a driveway leads directly to the area where tree could easily be reached and removed. The Commission authorized Sferra to contact the homeowners and authorize the tree removal by a professional tree company.
Lake Tour
Don Hawkes offered Commission members a tour of Lake Boon from his boat. Most of the Commission members were interested. They mentioned that Sunday mornings seem to be the time when most commissioners are available. A time and date will be arranged by Sferra.
SCT/Jenike Tree Cutting
57 Barton Road (R-16 #33)
The property has a Conservation Restriction (CR) on a portion of the property abutting the Bailey Brook and the Assabet River. The Stow Conservation Trust (SCT) was made aware that trees were removed in violation of the restriction including a possible wetland violation. The Commission has been made aware of the situation. The SCT has asked the homeowner to replace some of the trees and to make a contribution to their CR enforcement fund. The homeowner, Michael Jenike, is out of the country at this time. The SCT reported that Jenike has not agreed to comply. John Busch of the SCT has offered to coordinate a meeting regarding this issue. Andy Snow said she will try to attend, and if Snow is not available, Cortni Frecha will attend.
Syncarpha Solar
Delaney Street Solar Installation
Kathy Sferra re-visited the site of the recent solar installation. She told the Commission that the rocks were removed as well as dirt. Sferra showed the Commission before-and-after photos of the site. The silt fence had been damaged but was going to be properly reinstalled. Sferra reported the work as a huge improvement to the site.
Sferra reported that Syncarpha mentioned that they were told by the Building Department that there could be no more than a four-inch gap under the fence. Sferra told the Commission that the OOC requires that they leave a three-inch gap under the fence. Because of the topography of the land, there are gaps as large as 12 inches in areas at the base of the fence. When the fence has been lowered, there will be intervals where there will be no gaps near the ground. The Commission understood and felt that wildlife could find its way. Sferra will follow up with the Building Inspector.
Certificate of Compliance Request (#299-0543)
85 Circuit Drive (R-15 #119) Juniper Hill Water Company
The Juniper Hill Water Company (JHWC) contacted the office requesting a Certificate of Compliance for their property. Dave Coppes, who is not present at this meeting, conducted the site inspection on behalf of the Commission. Kathy Sferra shared Coppes’ findings and photos with to the Commission. He stated that the site appeared very stable and that the straw bales are all still in place. Coppes recommended that they be removed. He noted in his report that the site of the new well, the spoils trench and the dewatering “dirt bag” have been restored. He said there was no sign of the location where they would have run their lines for the pump test and it appears to have returned to its natural state.
Coppes mentioned in his report that that the old well was supposed to have been abandoned, the casing cut below grade and filled. He stated that it still remains. It may be that JHWC never received permission to activate the new well and abandon the old. Coppes asked Sferra to contact Mike Suleski of JHWC and check into this. Coppes’ report mentioned that once a COC is issued, the Commission will require another permit to come back to abandon and remove the old well. He suggested that the Commission hold off on issuing the COC until JHWC is completely finished. Coppes recommended in his report that if JHWC has no plans to come back and remove the old well, the Commission should issue the COC. Sferra told the Commission that she had been in contact with the JHWC who said that they were not going to remove the old well, per DEP.
Sferra reported that they had not reseeded because they assumed they were to do so after the straw bales were removed. The Commission asked Sferra to convey the message to JHWC that they must reseed.
Coppes noted in his report that the site of the new well was to be restored to wetland and it appeared to have done so. There was good vegetation and no mowing had occurred. The Commission stated that after the area had been re-seeded, they would inspect and issue the COC.
Notice of Intent Continuation (#299-0559)
33 & 45 Walcott Street (R-1 #64A & 63)
Hemenway Farms Subdivision
At 8:00 PM Ingeborg Hegemann Clark reopened the public hearing continued from September 3, 2013 for a Notice of Intent (NOI) filed by Mark White of Bentley Builders for the proposed activity of removal of a dwelling and construction of a roadway and drainage.
Rich Harrington, Engineer with Stamski and McNary and Mark White of Bentley Builders were present at this meeting. Harrington presented detailed site plans, photos and a narrative regarding the site. Harrington spoke of suggestions that arose during the site visit, the Open Space Meeting and updated comments to the Planning Board (PB).
Harrington spoke of joining storm water basins #3 & #4 which will result in one long basin and will allow or the protection more woodland in the vicinity of the potential vernal pool. He also mentioned creating a bench area by the storm water basin just to the west of the new road at the entrance in the area of the stone wall to allow for the migration of wildlife.
A 22-inch oak on 45 Walcott Street will be protected. A large oak tree near storm water management area #4 will be maintained.
Harrington addressed the public benefit that is required when working in the 35’ NDZ. He explained that they will be removing the house at #33 Walcott Street. He said that at #45 they would plan to minimize erosion which is occurring due to gravel spreading at the mouth of the driveway by changing that into a paved driveway. Harrington mentioned the overall improvement of storm water management as a third benefit to the neighborhood.
The Commission was concerned about defining the public areas at the rear of the homes that would be allowed to be mowed. It would need to be clearly defined that so that wetlands would not be mowed. It was suggested that the Homeowner’s Association be responsible for funding the mowing. It was mentioned that there can be a habitat benefit to mowing wet meadows.
The Commission asked that 10% Riverfront Area calculations be included in Harrington’s next submittal. Harrington mentioned that they are still awaiting comments from Highway, Police and Fire Departments. He mentioned that they did not want to submit revised plans until suggestions from those departments have been received and will be able to be included.
Upon being questioned by the Commission, Harrington explained that basins will be a combination of detention and retention basins. He said they will develop an environment for wetland plants. He explained that they were designed to drain within 72 hours. He added that they would need to be maintained.
The Commission suggested that the basins be built with a “shelf.” This would help vegetation and potential plantings near the basins.
Don Rising was present in the audience and asked Harrington to consider how hikers would get around the detention basin in the rear. Harrington responded by saying they can work with the Commission to plan the trail. Mark Jones was present and asked how the basins would be maintained and managed and who would be responsible for that task. Jones also mentioned concerns about residents dumping yard clippings in the open space areas and near the basin. Harrington responded by saying that whoever owns the open space, accepts responsibility for maintaining the basins. The Commission requested “protected area” signage be posted in order to inform homeowners about wetland buffers. The ownership of the carriage path behind the Cogswell property was questioned by audience member Eve Donahue.
Doug Morse made a motion to continue the public hearing for a Notice of Intent File No. 299-0559 to October 15, 2013 at a time after 7:30 PM. Serena Furman seconded the motion and it was passed. Andy Snow was not present.
At 8:50 PM Andy Snow rejoined the meeting.
Sureau Property Chapter 61 Notice
269 Boxboro Road
The landowner is removing a 1.5 acre parcel from Chapter 61 and has a P&S for $225K with Bentley Building Corp. for construction of one house. The Town Administrator has initiated the Quick Review Process pursuant to BoS policy. The Commission discussed the parcel and came to a decision that they would not recommend that the Town pursue acquisition of the parcel.
Serena Furman made a motion stating the Commission recommends that the Town inform the Board of Selectmen that the Conservation Commission recommends not pursuing the Chapter 61 parcel at 269 Boxboro Road. Cortni Frecha seconded the motion and it was passed unanimously.
Article 97 Mitigation Parcels
Kathy Sferra informed the Commission that she was contacted by Bob O’Connor at EOEEA. They will require 0.5 acre of new conservation land as mitigation for Deerfield Lane and Heritage Lane articles, per the Article 97 Disposition Policy. The policy states that compensatory land must be provided when a town proposes to take land out of conservation or impact conservation land. Due to the possible impact of a road and well head that would be required, O’Connor suggested that the Commission identify a half-acre parcel that could serve as compensatory land. O’Connor suggested that the Commission identify a piece of town-owned land that is not in conservation protection and recommend that it be transferred to the care and custody of the Conservation Commission. Sferra noted that this piece of land would count for both Article 97
petitions.
This would need to occur at Town Meeting . Sferra has spoken with William Wrigley, Town Administrator and the warrant for fall town meeting has closed. Wrigley will ask to reopen the warrant for transfer of the parcel at the BoS September 24, 2013 meeting.
Sferra identified four parcels with conservation value to allow the Commission to discuss, decide and recommend one parcel to the BoS. She added that William Wrigley reviewed her four recommendations and approved all suggestions. It was decided by the Commission that the 0.74 acre parcel at Minister’s Pond, adjacent to the Police Station, should be recommended as the first option. The second option, in the event that the first choice in unavailable, would be a parcel located across from Gates Lane at the entrance to Spindle Hill Conservation Area. Sferra will follow up with the Police Chief to ensure that they have no need for the parcel.
Cortni Frehca made a motion to support a warrant article to transfer Parcel A (Minister’s Pond) to the Conservation Commission, and Parcel B (Spindle Hill), if Parcel A is unavailable. Serena Furman seconded the motion and it was passed unanimously.
Minor Project Authorization for Conservation Coordinator
In an effort to create a more transparent process, Kathy Sferra requested that the Commission formally vote to adopt a written policy authorizing the Conservation Coordinator to approve minor projects, when, in the opinion of the Coordinator, there will be no adverse impact to wetlands or to protected resource areas. Examples of such projects included removal of single hazard tree in the 100 foot buffer, construction of a small shed, annual mowing of open fields to manage succession/invasive species. Sferra will report on approvals in her meeting report.
After a review of the draft policy, Serena Furman made a motion to authorize Kathy Sferra, Conservation Coordinator, to approve minor projects as detailed in the August 27, 2013 Memo. Cortni Frecha seconded the motion and it was passed unanimously.
Melone Property-Forest Cutting
497 Great Road
Kathy Sferra reported that she spoke with Mr. Melone regarding his property at 497 Great Road and his status regarding filing an after-the-fact NOI for unapproved tree cutting. She mentioned to him that it would be helpful to have a map showing his plans for the site and Sferra volunteered to send him a map to utilize. Sferra recommended that Melone schedule a date to speak with the Commission and this is scheduled for October 15th. Sferra said that she will attempt to go to the site and take photos.
Coordinator’s Report
Quirk Property Auction
Athens Lane
Kathy Sferra informed the Commission that a realtor would be visiting the office on September 18, 2013 to review the Quirk files for the property located at Athens Lane. The property has ongoing violations with the Commission. The property is going to be sold at auction in the near future.
Upcoming Commission Meetings
Kathy Sferra mentioned that she will not be available for the regularly scheduled November 5, 2013 meeting and suggested, instead, a working meeting to be held on Tuesday, October 29, 2013. The Commission agreed to this suggestion.
Sudbury Valley Trustees (SVT)
Interested in Land Donation by Walter Lankau
Kathy Sferra reported that she spoke with the SVT and that they were very interested in land offered to be donated by Walter Lankau located on the Assessor’s Map as R-12 #23.
Legal Notice Revisions
Lake Boon Drawdown
Kathy Sferra has been in contact with Theresa O’Riordan and Jack Wallace of the BOH regarding the upcoming drawdown of Lake Boon. Sferra reviewed the proposed Legal Notice that will be placed in the Stow Independent and made the suggestion that the proposed language “drawdown of 18 inches” be removed. She suggested that the sentence, “Residents planning to perform work on retaining walls and other shoreline structures during the drawdown should contact the Stow Conservation Commission to determine if permits are require,” be added to the Legal Notice. Serena Furman suggested that the mandatory stop date be included in the final version of the Legal Notice. Sferra will follow up with O’Riordan and Wallace.
Adjournment
Andy Snow made a motion to adjourn the meeting at 9:35 PM. Jeff Saunders seconded the motion and it was passed unanimously.
The Commission adjourned at 9:35 PM.
Respectfully submitted,
Maureen Trunfio
Stow Conservation Commission Secretary
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