Stow Conservation Commission
Minutes
October 15, 2013
A meeting of the Stow Conservation Commission was held at the Stow Town Building, 380 Great Road, Stow, Massachusetts, on October 15, 2013 at 7:30 in the evening.
There were present: Ingeborg Hegemann Clark, Chair
David Coppes, Vice-Chair
Cortni Frecha
Serena Furman
Doug Morse
Andy Snow
Absent: Jeff Saunders
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.
Minutes
Dave Coppes made a motion to approve the minutes of October 1, 2013 as drafted and amended. Cortni Frecha seconded the motion and it was passed unanimously.
Conservation Coordinator’s Report
Kathy Sferra reminded the Commission that the next meeting will be held at on October 29, 2013. She has invited Sandra Grund, an environmental consultant and a resident of Timberedge Road, who is interested in becoming an Associate Member on the Commission.
Sferra reminded the Commission that there the article regarding the transfer of town land relating to Heritage Lane or Deerfield Lane being reserved as a potential water supply will appear on the warrant at the upcoming October Town Meeting. She mentioned that she had put together a brief presentation with slides and asked if anyone from the Commission would be willing to present. Andy Snow offered to present but mentioned she was concerned that she does not have expertise in the field of water resources. Cortni Frecha also volunteered to present. Dave Coppes offered to attend Town Meeting as “backup” and to help with the presentation or questions, if necessary. There will be a pre-town meeting work session on October 23, 2013. Dave Coppes said he will attend the work session as well.
Certificate of Compliance Request (#299-0551)
27 Barton Road (U-1 #53-1)
Thomas Zimmerman contacted the office requesting a Certificate of Compliance for his property. Zimmerman had repaired an existing septic and did minor pruning to remove invasive plants along the perimeter of the property. Kathy Sferra 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 27 Barton Road in compliance with Order of Conditions File No. 299-0551.
Andy Snow seconded the motion and it was passed unanimously.
Melone Tree Cutting
497 Great Road
John Melone of 497 Great Road was asked by the Commission to come into this meeting and discuss work that was done on his property without a permit. The Commission would also like to discuss what Melone will be allowed to do in the future on the property. The Commission informed Melone that there is an intermittent stream on the property. Together they came up with a restoration plan that involved allowing a wet meadow to remain. Melone must grind any remaining stumps. He must clean up the east side of the property near the stream and plant low growing shrubs along the stream such as blueberry, winterberry, albder, cranberry or viburnum. The Commission gave Melone permission to mow the wetland meadow twice per year. He was instructed to leave the southwest corner of the property (north of the stream) in a more natural state. This area should
be allowed to be mowed twice per year. Three-to five shrubs should be planted and a wildflower mix should be sown. Larger piles of debris should be removed. Work should begin the week of October 21, 2013.
Enforcement Issue
124 Old Bolton Road
Kathy Sferra visited the site with the Building Inspector to follow up on a discussion with the property owner, Peter Waldron, the week prior. The owner was asked at the first meeting to move specific items and he stated that this work would be done by October 14, 2013, but it was not. Sferra stated that she, along with the Building Inspector, would speak with him again. It was determined that there was not encroachment onto Town property.
Notice of Intent (#299-0560)
53 Great Road (R-29 #4-3)
At 8:15 PM Ingeborg Hegemann Clark opened the public hearing for a Notice of Intent (NOI) filed by Robert Pace for the proposed activity of building a 21’x23’ addition to a single family residence. Ingeborg Hegemann Clark and Jeff Saunders conducted the site inspection on behalf of the Commission.
Matt Marro was present and spoke with the Commission regarding plans for the project. The owner, Robert Pace, was also present. Marro provided the Commission with revised plans for the project. He explained that he proposed to build a two-car garage on the property. He would only be digging for the footings. There would be no grading associated with the project. The path of the driveway would remain the same, but Marro asked for permission to pave the 12-foot wide driveway. The Commission said that would be permissible as long as it pitched away from the wetland toward the west. The Commission requested that the owner remove an old box truck from the property that is located near wetland flag #100.
Marro discussed pruning of dead limbs with the Commission. They gave permission to prune in the area of wetland flags #101-104. They discussed invasive removal and the Commission gave permission to destroy invasive species in the vicinity of wetland flags #100-115.
David Coppes made a motion to close the public hearing for a Notice of Intent File No. 299-0560 filed by Robert Pace for the proposed activity of an addition to an additional to a single-family home at 53 Great Road. Cortni Frecha seconded the motion and it was passed unanimously.
Andy Snow made a motion to approve and issue the Order of Conditions File No. 299-0560 for the proposed activity of an addition to a single-family home at 53 Great Road. Serena Furman seconded the motion and it was passed unanimously.
Tuttle Lane Farm Livestock Proposal
Lenny Rodriguez
The farmer that currently rents five acres at Tuttle Lane, (Orlando) Lenny Rodriguez, asked to speak with the Commission regarding the possibility of two seasonal cows and chickens at the property during the spring, summer and fall seasons. Rodriguez was present and explained to the Commission that he would like to keep 20 chickens for egg production and 20 chickens for meat production on the property. He presented a sketch of a hen house on a trailer bed that would house the chickens at night and could be moved around the property in an effort to fertilize the field. The farm operation is completely organic and Rodriguez currently purchases organic manure to fertilize.
Rodriguez told the Commission that he would also like to seek permission to keep two cows at the property. He presented a sketch detailing an easily-disassembled, temporary shed that would house the cows. He mentioned that he would distribute wood chips in the cows’ pen if the area got muddy. He discussed a planned to compost manure and use on his field.
Serena Furman was concerned with year-round structures on conservation land. Rodriguez confirmed that the structures would remain on the site until the Commission required them to be removed. They will be built in such a manner that they could and would be removed easily. He pointed to two cows that reside in a small pen and structure on Boxboro Road. Andy Snow expressed concern with the fact that a person would not be on site with the animals at all times, as Rodriguez does not live at the property. Rodriguez stated that he lives very close and could be at the property in minutes, if needed. Rodriguez told the Commission the owner of the cows on Boxboro Road lives 15 minutes away from the cows at that site.
Kathy Sferra reported that EOEEA indicated that this was an allowable use of the Self-Help funded property so long as it was discussed at a public meeting and that educational signage informed the public about the use. The Commission agreed to discuss the proposal at their next meeting. Serena Furman asked Sferra to try to research commercial use of town land relative to this and other proposals.
The Commission agreed to discuss this proposal at their next meeting.
Andy Snow recused herself from the meeting at 8:50 PM
Notice of Intent Continuation (#299-0559)
33 & 45 Walcott Street (R-1 #64A & 63)
Hemenway Farms Subdivision
At 8:50 PM Ingeborg Hegemann Clark reopened the public hearing continued from September 17, 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 and a narrative regarding the site: specifically the open space and proposed trail system. The Commission reviewed the proposed trail system and found it to be logical and a useful fit of the land provided. Ownership of the trail would be given to the Town of Stow along with parcels labeled “A, B and C”. Harrington’s presentation stated that Bentley Builders would commit to build the parking area, trail system and boardwalk. Parcel shown as “D” and “E” on the plans would be conveyed to the Stow Conservation Trust (SCT).
In order to address concerns about homeowner backyard encroachment Harrington proposed a post and rail fence system. Harrington mentioned that the homeowners association would be responsible for paying to have the field mowed twice annually.
Dick Perkins, John Beusch and other members of the SCT were present. They expressed that they would like ownership of the old roadway or some means of getting emergency vehicles or logging vehicles on the parcels that would be conveyed to them. It has not been determined who owns the old road. White did state that he would research this item to see if rights exist.
Mark White said that he would prefer separation of forestry and development stating a concern that trees would be directly on the lot lines. It was thought that an alternate access route for emergency vehicles could be established for the SCT. However, it might a right-of-way on town-owned property, or the town could agree to give an “access strip” of land to the SCT near their parcels.
The SCT asked White if there would be an endowment for them to maintain the property and the border. It was determined that there would not.
The Commission will send a letter to the Planning Board indicating their support for ownership of Lots A, B and C, and SCT’s ownership of Lots D and E. The Commission will work with mark White on the funding arrangement for the open land.
Rich Harrington said that he had done Riverfront Area calculations to demonstrate that the performance standards in the Wetlands Protection Act are met. He will submit these with the final plans.
Mark White agreed to continue the public hearing to November 17, 2013.
David Coppes made a motion to continue the public hearing for a Notice of Intent File No. 299-0559 to November 17, 2013 at a time after 7:30 PM. Cortni Frecha seconded the motion and it was passed. Andy Snow was not present.
At 9:40 PM Andy Snow rejoined the meeting.
Tree Discussion
57 Barton Road
Michael Jenike, owner of 57 Barton Road, was sent an email from Kathy Sferra on October 9, 2013 explaining that he is violation of the Wetland Protection Act for cutting trees without a permit within 200 foot of the Assabet River and Bailey Brook. The SCT holds a Conservation Restriction on the property, which was also violated, and is involved in the discussions with Jenike.
Jenike was scheduled to appear at this meeting, but sent an email saying that he would not be able to attend this evening. The SCT and Conservation Commission have requested that Jenike hire a landscaper, develop a landscaping plan and plant five to six replacement trees. Staking for the tree placement will be done by the SCT. Dave Rykbost of Dave’s Landscape Management Company is assuming responsibility for planting 5-6 trees (3.5-4”caliper red maples) during the fall of 2013. Rykbost will utilize a JD 110 backhoe to bring in the trees and dig the holes. He said that he will back fill and fertize, being careful to cause as little disturbance as possible. In his email dated October 15, 2013, Jenike suggested moving forward with Dave’s plan to plant trees as soon as possible. Jenike will be notified of a deadline of
November 15, 2013.
The Commission agreed with the plan presented. They thought it was important to inform realtors that a river view cannot be guaranteed. The Commission voted to authorize Kathy Sferra to send a letter to the realtor, with a copy to the SCT, stating that any future tree clearing requires approval of the Conservation Commission. There was discussion about the possibility of education of residents regarding tree cutting, pruning, etc.
Cortni Frecha made a motion to authorize Kathy Sferra to write and send a letter sent to
Michael Jenike, owner of the property, the real estate agent and the SCT summarizing the tree cutting issue at 57 Barton Road. Doug Morse seconded the motion and it passed unanimously.
Pilot Grove 2
David Coppes asked Kathy Sferra to check the SWPPP plan and seeding regarding Pilot Grove 2 and to speak with Mitch Finn, Project Superintendent regarding cuts to the hillside that have remained unseeded for more than two weeks. Sferra agreed to check in with Finn.
Adjournment
David Coppes made a motion to adjourn the meeting at 9:40 PM. Andy Snow seconded the motion and it was passed unanimously.
The Commission adjourned at 9:40 PM.
Respectfully submitted,
Maureen Trunfio
Stow Conservation Commission Secretary
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