Stow Conservation Commission
Minutes
January 15, 2013
A meeting of the Stow Conservation Commission was held at the Stow Town Building, 380 Great Road, Stow, Massachusetts, on January 15, 2013 at 7:30 in the evening.
There were present: Ingeborg Hegemann Clark, Chair
David Coppes, Vice-Chair
Cortni Frecha
Doug Moffat
Doug Morse
Absent: Serena Furman
Associate: Andy Snow
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 December 4, 2012 as drafted and amended. Cortni Frecha seconded the motion and it was passed unanimously.
Doug Moffat made a motion to release and approve the Executive Session Minutes of
September 4, 2012. Doug Morse seconded the motion and it was passed unanimously.
Lycott Environmental Permit Extension Request
In a letter dated December 19, 2012, William Stevenson of Lycott Environmental, requested that the Commission confirm the updated expiration date for the Lake Boon Order of Conditions #299-0317 to July 10, 2017. The Commission agreed in compliance with the Permit Extension Act of 2012.
Animal Control Officer
Dog Walking Discussion
Susan Latham, Stow’s Animal Control Officer, requested a meeting with the Conservation Commission to discuss problems regarding dog walking at Town Forest. Latham has received several complaints of professional dog walkers using the area to walk multiple dogs, in most cases off leash. She noted one professional dog walker from Marlboro who brings 11 dogs, releases them from her vehicle and allows them to run freely. Additionally, this particular dog walker makes no attempt to pick up waste. Latham has cited her and the Stow Police have also been involved. Latham claims that local residents have complained and no longer feel comfortable walking in Town Forest. Latham is seeking more stringent regulations for dog control on conservation lands.
The Commission noted that there is no leash requirement for dogs on public lands at present. The Commission understands the value of allowing dogs to run free on town land. The concern is that unless action is taken town-wide, the problem could get pushed from Town Forest to some other parcel in Stow. The Commission voiced concern for resources with the impact of 20-30 dogs a day defecating in an area.
Latham and the Commission realize how difficult any action will be to enforce. Some potential suggestions would be to require permits from professional dog walkers and/or to limit the number of dogs per walker,
Stow resident Nancy Arsenault was in the audience and spoke as a non-dog owner regarding children walking on trails and being jumped upon by large, unleashed dogs.
Stow resident Jim Salvie encouraged the Commission to be very cautious when deciding their course of action. He seemed to believe that a town-wide leash law, might be detrimental to those breeds of dog that need to run. He said that he hoped the Commission would consider other steps before adding another level of regulation. He mentioned Delaney Reservation’s success is getting word out to dog owners that they must pick up after their dogs.
The Commission thought it would be prudent to start a discussion with the Police Department. They requested that Latham contact the Commission office whenever she issues a citation and the Commission will follow up with police.
Wetland Delineation Lot 10 Heritage Lane
The Commission requested that Scott Hayes of FORESITE Engineering meet with the Commission regarding the wetland delineation for Lot 10 heritage Lane prior to the homeowners installing a pool, patios, cabana, etc. The commission did not agree with Hayes’ opinion regarding the Riverfront Area which is not shown on his plans. The Commission’s file for Heritage Lane shows Riverfront Area at the rear of Lot 10 which would require the homeowners to file a Notice of Intent.
Ingeborg Hegemann Clark agreed that the Commission’s copy of the plan appeared to put the proposed work in the Riverfront Area. She requested that Scott Hayes figure the calculations for the area and submit them to the Commission. Hayes said he would do so.
Request for Determination of Applicability (RDA)
79 Red Acre Road (R-30 #52)
At 7:45 PM Ingeborg Hegemann Clark opened the public hearing for a Request for Determination of Applicability (RDA) filed by David Ellis for the installation of a new Title V septic system to replace the current failed system at 79 Red Acre Road.
Steve Poole of Lakeview Engineering, presented to the Commission on behalf of the property owners, who were not present. Poole presented plans that showed that the current cess pool would be replaced with a leaching field. Poole’s plans showed the large wetland area across the street, the 50- and 100-foot buffer zones, where the current septic is located, as well as his erosion protection plan. Poole showed that he will stay out of the 50-foot buffer and only a very small portion would be located in the 35-foot buffer zone.
Doug Moffat conducted the site inspection and reported that the well location and site size offered no alternative location for the septic. Plans showed that work would be 50 feet away from the wetland, with Red Acre Road in between the work and the wetland.
There were no abutters present.
David Coppes made a motion to close the public hearing for a Request for Determination to allow for a septic system replacement at 79 Red Acre Road. Cortni Frecha seconded the motion and it was passed unanimously.
David Coppes made a motion to issue a Negative 3 Determination to allow for a septic system replacement at 79 Red Acre Road. Cortni Frecha seconded the motion and it was passed unanimously.
Certificate of Compliance Request (#299-0334 & #299-0528)
626 Great Road (R-10 #41)
David Lorden has sold this property and money has been kept in escrow until the Commission issues the COC’s and they are recorded, thereby lifting the lien from the deed.
The first OOC (#299-0334) was to convert the existing gas station/auto body repair shop to a gas station/convenience store. The second OOC (#299-0528) was for the replacement of a failed septic system.
Steve Poole, PE has submitted the required as-built plans. Pat Perry has confirmed that the last two wetland delineation signs have been installed and all conditions have been honored. She recommended that the Commission issue both Certificates of Compliance. Perry reminded the Commission that there are six conditions that will continue in perpetuity. The Commission agreed to issue the Certificate of Compliance.
David Coppes made a motion to issue Certificate Of Compliance #299-0334 and to issue Certificate Of Compliance #299-0528 for work satisfactorily completed at 626 Hudson Road. Doug Morse seconded the motion and it was passed unanimously.
Certificate of Compliance Request (#299-0537)
77 Hudson Road (R-10 #56C)
Ingeborg Hegemann Clark, Cortni Frecha and Andy Snow conducted the site inspection for 77 Hudson Road. They found the area to be stabilized and in good condition. During the inspection they noticed a retaining wall that wasn’t shown on as-built plan. Clark, Frecha and Snow agreed the northwest corner of property is wet and that the small wall provides a nice barrier between the active lawn area and the wetland area.
The Commission agreed to issue the COC with the requirement that the as-built plan be revised to show the retaining wall. Scott Hayes of FORESITE Engineering was present at the current meeting and agreed to revise the as-built plan to show the wall and submit to Pat Perry at the Conservation Commission office.
David Coppes made a motion to issue Certificate of Compliance #299-0537 for work satisfactorily completed at 77 Hudson Road with the requirement that FORESITE Engineering submit a revised as-built planning showing the retaining wall. Cortni Frecha seconded the motion and it was passed unanimously.
Certificate of Compliance Request (#299-0533 & #299-0421)
44 Davis Road (U-4 #53)
Ingeborg Hegemann Clark, Cortni Frecha and Andy Snow conducted the site inspection for 44 Davis Road. The homeowner, William Blake, added a 14x24 foot deck to his home. Because some work was within the 35-foot No Disturb zone, the Blakes agreed to remove invasive Multiflora Rose (Rosa multiflora) and replace with Sweet Pepperberry (Clethra alnifolia) bushes and Swamp Azalea (Rhododendron viscosum). The Commission found the invasive removal and plantings to be satisfactory. They found the area to be stabilized and in good condition and recommended that the Commission issue the COC. The Commission agreed to issue the Certificate of Compliance.
Order of Conditions #299-0421 on the same property at 44 Davis Road will be noted as an invalid order on a separate COC. The property owner requested permission to install a seawall and never went forward with work on the project.
Cortni Frecha made a motion to issue Certificate of Compliance #299-0533 for work satisfactorily completed at 44 Davis Road and to issue an invalid Certificate of Compliance #299-0421 for work never commenced at 44 Davis Road. David Coppes seconded the motion and it was passed unanimously.
Lower Village Water Supply
Kathy Sferra, Planning Board (PB) Representative
Background information: The Town Administrator provided a memo regarding the extensive, ongoing search to provide water for Lower Village. His findings detailed that after an exhaustive search dating back to 2006, no water source, to date, has been deemed feasible.
Near the end of November 2012, David Coppes and Ingeborg Hegemann Clark conducted a site walk on the property in Town Forest. Coppes said it would need to be determined where the drilling would occur. If the area proposed were in a wetland, no drilling would be permitted. The Commission voiced its concern for how the wetlands in the area would be affected in the vicinity of a well. This would be a concern particularly during pump tests.
Summary after the Commission’s October 16, 2012 discussion regarding Lower Village Public/Private Water Supply on Heritage Lane open space: The Conservation Commission did not feel it had enough information to take a formal vote on the language suggested relative to development of a well on the open space behind Heritage Lane. However, the Commission understands the need to find water for Lower village and is supportive of activities necessary to conduct further investigation, including due diligence and feasibility studies, for the development of a public or private drinking water well to be located fully or partially on land behind Heritage Lane, with the understanding that, depending on the ultimate site chosen, and the ultimate scope for the well for Lower Village, the zones of influence may extend onto the Gardner Hill property.
Tonight:
Kathy Sferra, Planning Board (PB) Representative, has agreed to talk with the Commission regarding the possibility of installing a public water supply on the open space behind Heritage Lane in Town Forest. This property is managed by the Conservation Commission and protected by Article 97.
Sferra explained that, at this point, the Planning Board is simply looking for a preliminary vote of support from the Conservation Commission. She explained that they are not sure that they are going to want to drill in Town Forest or where exactly, but if the process moves forward, PB would like to be sure that the Commission will work with them.
Sferra explained the process by telling the Commission the order in which things would happen. PB would require a vote by the Conservation Commission, where a majority vote would be required. A warrant article would need to be drafted for May Town Meeting. The article would need to be presented at Town Meeting and if passed would move to the State Legislature and would need to be passed.
Kathy Sferra said that they would prefer a vote from the Commission as soon as possible since they would need to prepare the warrant article in March. They would need to have the warrant article reviewed by Jon Witten, Town Counsel.
The Chair, noted that the Commission has technical concerns with regard to a well of significant capacity. The Commission’s concern is that such a well could have a drawn down impact on the wetlands. Additionally, depending upon where the well would be located, its depth and volume requirement could have an effect on streams in that area and private adjacent wells. Concerns, in written form and dated January 13, 2013, from an absent member of the Commission, Serena Furman, were addressed.
Ingeborg Hegemann Clark, Chair of the Conservation Commission, voiced her opinion that she believes that it is important that the Commission support the first steps in the process toward getting this item on the Warrant for spring Town Meeting. Doug Moffat verbally agreed, realizing the problems that lack of water in Lower Village, has caused. David Coppes voiced his support.
Jim Salvie, a resident and member of the Board of Selectmen, commented that he feels that the Conservation Commission has pushed backed appropriately, but is appreciative that the Commission is realizing the dire need for water and the lack of options.
Mark Smith of PB spoke and said that Bill Wrigley implied that Article 97 does not apply to this property. Jim Salvie responded by stating they are aware that Article 97 does apply. Salvie added that the business owners are willing to support and potentially pay for this project; at minimum to pay for the exploration of a water source. Salvie sees this as the best opportunity to provide water for lower village without the need for a town owned and managed water company.
Kathy Sferra read the motion and suggested adding a sentence regarding the State’s possible requirement for mitigative land. Sferra suggested that Bill Wrigley and the BoS should be talking with House cousel.
Hegemann Clark referenced the WPA regulations limited project provision for development of wells 310 CMR 10.53 (3) (0).
David Coppes made a motion to sponsor/support a town meeting warrant article drafted by Town Counsel with review and approval by the Conservation Commission to facilitate a public water supply system on the Heritage Lane open space parcel minimizing to the extent feasible any loss of Article 97 resources. In making this motion, the Conservation Commission finds it has been adequately demonstrated that no feasible alternative to a well located on conservation land is currently available. The motion was seconded by Cortni Frecha and carried by a unanimous roll call vote of five members present, Ingeborg Hegemann Clark, Chair, David Coppes, Vice-Chair, Cortni Frecha, Doug Moffat and Doug Morse.
Woodhead Property
297 Boxboro Road
Pat Perry reported that a formal offer was made to the Commission to purchase the Woodhead property. Cortni Frecha recently went to the Open Space (OS) Committee to discuss the prospect of purchasing two parcels abutting Flagg Hill from the Woodhead family. She also went to Community Preservation Committee (CPC) to begin preliminary discussions about what the Commission is looking for. Certain concerns, such as possible contamination on site of the machine shop, were discussed. Frecha reports that the Commission has not received full support from OS committee. Frecha will attend another meeting on January 16, 2013 to discuss and determine their actual support. She feels that if the Commission gets full support at tomorrow’s meeting with OS Committee, then it can be presented to CPC.
If the Commission does not get OS Committee’s full support, there may not be a chance of receiving funds from the CPC.
Frecha told the Commission that the Woodhead property received 5 values out of 9. According to her, this rates well, as very few properties receive 6 out of 9 or above. Pat Perry mentioned that time will become sensitive as town meeting approaches. It is not certain how long the owners of the property would be willing to wait to sell the property to the Commission.
Perry mentioned that Planning Board is going forward with its exploration of purchasing Malcom Fitzpatrick’s land on Minister’s Pond. This may compete with the Woodhead property as far as funds available from CPC.
Adjournment
Doug Moffatt made a motion to adjourn the meeting at 9:00 PM. David Coppes seconded the motion and it was passed unanimously.
The Commission adjourned at 9:00 PM.
Respectfully submitted,
Maureen Trunfio
Stow Conservation Commission Secretary
| 
