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2014-04-15 ConCom Minutes
Stow Conservation Commission
Minutes
April 15, 2014

A meeting of the Stow Conservation Commission was held at the Stow Town Building, 380 Great Road, Stow, Massachusetts, on April 15, 2014 at 7:30 in the evening.

There were present:     Ingeborg Hegemann Clark, Chair
David Coppes
                        Cortni Frecha
Serena Furman
Jeff Saunders
Andy Snow
Sandra Grund, Associate Member
                        
Absent:         Doug Morse
                        
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

Dave Coppes made a motion to approve the minutes of April 1, 2014 as drafted and amended. Cortni Frecha seconded the motion and it was passed unanimously.

Conservation Coordinator’s Report

Kathy Sferra told the Commission that she had sent a letter to the Kids-A-Lot School on Red Acre Road regarding the sand that has accumulated as a result of snow plowing. The sand is pushed across the street and accumulates along the edge of the wetland at the Red Acre Woodland. In the letter Sferra has asked for the sand to be removed by April 30, 2014 and for the school to submit a Sand/Snow Management Plan by September 30, 2014.

Sferra told the Commission that she would be sending a letter to Mr. Lundy regarding a culvert pipe issue on his property. He replaced the pipe without filing a NOI and then left the original pipe and other debris in the vicinity.

Sferra reported that the farm lease at the Captain Sargent land with Jesse Steadman has been executed and he has begun planting Christmas trees. She is waiting for signatures from Lenny Rodriguez and Ben Schlosser on their leases. Sferra asked the Commission for permission to authorize an expenditure from the Conservation Fund for repair material required to repair the road within the Community Gardens. The Highway Department has agreed to perform the work associated with the project, but does not have the budget for materials. The Commission approved Sferra’s request.

Cortni Frecha made a motion to authorize the expenditure of $1,000 from the Conservation Fund for materials required to repair the road within the Community Gardens off Tuttle Lane. Andy Snow seconded the motion and it was passed 5 to 1. Serena Furman was not in agreement.

Sferra mentioned that the Stow Garden Club’s Seed Swap, co-sponsored by the Conservation Commission, was a success and was taped by Stow TV. Several Commissioners requested copies of the DVD.

Sferra received a call from the Highway Department for a request to perform emergency work near the Pompo School Culvert on Great Road/Route 117 due to beaver activity. The Commission would like to meet with Highway to discuss long-term plans for culvert replacements, etc. The Commission voted to ratify the emergency work permit.

Dave Coppes made a motion to ratify emergency work completed by the Town of Stow Highway Department for a culvert replacement under Great Road/Route 117 near the Pompositticut School building. Cortni Frecha seconded the motion and it was passed unanimously.


Notice of Intent (#299-0564, 299-0565, 299-0566)
38 Adams Drive/Abagail Place (R-7 #4)

At 7:50 PM Ingeborg Hegemann Clark opened the public hearing for a Notice of Intent (NOI) filed by John Anderson of Crown Castle Properties for the proposed activity of construction of four single-family dwellings, construction of wells plus a septic system and site restoration activities for the Abigail Place Planned Conservation Development.  Dave Coppes reviewed the Notice of Intent on behalf of the Commission.
 
Mark Donohoe of Acton Survey and Engineering was present and represented Anderson who was also present.  He explained that the project has been revised and now proposes three homes, each with their own septic system and well.  Donohoe stated that no alterations are proposed within 35 feet of resource areas, except removal of artifacts related to the site’s previous use as a water supply facility. He showed a concept plan depicting this change.

Lot 1 would be situated on the eastern side of the lot in order to minimize disturbance in proximity to the wetlands so that the driveway is located outside the buffer zone. Lot 2 would be a hammerhead lot with its access neck situated to encompass the existing driveway to the former waterworks. Alterations to this lot include the removal of the water storage tank, other structures and fences and reclamation of an area presently devoid of vegetation. Lot 3 would have the house located so that all alterations, with the possible exception of a foundation drain, would be located outside the buffer zone.  The other two NOIs (#299-0567 & #299-0570) are being withdrawn as is the PCD Application.

The Commission asked Anderson to utilize markers to inform the owners of the potential new homes where wetlands begin. The Commission questioned the abandoned buildings on site and what they would do with old pumps, etc. Donohoe said that would all be removed.

Abutters present included Margaret O’Connell of 5 Adams Drive who was concerned for the protection of the wetlands present on the site.  The Commission explained that developers are not allowed to increase flow from a site. Janet & Paul Nicholas of 21 Adams Drive were concerned about the proximity of the proposed homes near the edge of the street. They did not want another home directly in front of their home. The Commission explained the need to push the house as far from the wetlands as possible, which, in this case, would mean locating the homes near the road but that the issue was noted. Susan and Robert Consale of 27 Adams Drive voiced questions regarding the change in the project from four proposed homes and a shared septic system to three homes and clarified that the shared system had been removed.

The Commission organized the date of Saturday, April 26, 2014 at 8 am for a site visit.

David Coppes made a motion to continue the public hearing for Notice of Intent File Numbers 299-0564, 299-0565, 299-0566 filed  by Crown Castle Properties for the proposed activity of construction of three single-family dwellings, wells plus septic systems and site restoration activities at 38 Adams Drive to May 20, 2014. Serena Furman seconded the motion and it was passed unanimously.

Continuation of Notice of Intent (#299-0568)
302 Boxboro Road/Minute Man Air Field(R-7 #35)

At 8:00 PM Ingeborg Hegemann Clark reopened the public hearing for a Notice of Intent filed by Don McPherson of Minute Man Air Field for the proposed activity to repair 1,900 feet of runway pavement.  Randy Christensen of Stantec was present to offer modification to the original plan suggested and to answer questions.

Originally Christensen stated that the proposed work would involve a loss of 5.63 cubic yards of flood storage volume and that they would prefer to replace the flood storage in a subsequent phase if necessary. The Commission asked him to propose a storage plan that would be completed with this phase of the project. Christensen presented a plan that showed potential storage associated with this phase and the Commission agreed that it appeared to be a reasonable plan.  The plan shows replacement of 110% of the flood storage lost. Christensen requested a waiver of the requirement that there be overlap of the storage lost and storage provided stating they could not accomplish this in a manner that met runway safety requirements, but had provided the storage as close as possible to the area being filled. The Commission agreed that this was a reasonable request and agreed to the waiver.

The Commission agreed to close the hearing and issue.

Serena Furman made a motion to close the public hearing for a Notice of Intent filed by Don McPherson of Minute Man Air Field for the proposed activity of repair of 1,900 feet of runway pavement.  Cortni Frecha seconded the motion it was passed unanimously.

Andy Snow made a motion to issue the Notice of Intent as drafted and amended for the proposed activity of repair of 1,900 feet of runway pavement at Minute Man Air Field.  Serena Furman seconded the motion and Jeff Saunders and Cortni Frecha voted in the affirmative. Ingeborg Hegemann Clark and Dave Coppes abstained.

ANRAD Continuation(#299-0563)
White Pond Road (R-29 #61)

At 8:30 PM Ingeborg Hegemann Clark reopened the public hearing continued from March 18, 2014 for an ANRAD filed by Craig Nicholson of Nicholson Development. Dan Wells was present as a representative from Goddard Consulting. Craig Nicholson was also present.

Wells address the three amended points on the plan that the Commission discussed when at the site for the group wetland delineation site visit. The Commission did test borings to check the wetland line. Wells showed the changes to Goddard’s original flagging in yellow. Most flags were moved up gradient of the presumed wetland line.

Abutters, Andy and Mary Mintz of 26 White Pond Road, spoke and questioned how borings were done to test for wetlands. Ingeborg Hegemann Clark explained the procedure. Mary Mintz mentioned to the Commission that she would like to be certain that if a home is built, it is build where the Commission states that it should be built. The Commission explained that if a house is proposed on the site, another NOI will need to be filed and the Mintz’s will be notified via the certified abutter list procedure of when the hearings regarding the proposed home would be held.
Andy Mintz mentioned that although they are organic farmers, he is concerned with his use of fertilizer and a potential well on the site.
The Commission agreed to close the hearing and issue the ANRAD noting changes made by the Commission and agreed upon by Goddard Consulting.

David Coppes made a motion to close the public hearing for an Abbreviated Notice of Resource Area Delineation filed by Craig Nicholson of Nicholson Development, Inc. for confirmation of wetland delineation lines located at White Pond Road. Andy Snow seconded the motion and it was passed unanimously.

Cortni Frecha made a motion to approve as amended an Abbreviated Notice of Resource Area Delineation filed by Craig Nicholson of Nicholson Development, Inc. for confirmation of wetland delineation lines located at White Pond Road. Dave Coppes seconded the motion and it was passed unanimously.

Collings – Pond Planting – off Barton Road

Kathy Sferra informed the Commission that Bob Collings responded to the Commission’s request for a planting plan to replace the ten trees that were cut around the shore of a fire pond located on his property. Three options were presented in Collings’ letter to the Commission. Collings hoped that the Commission would favor the plan that would plant hybrid chestnut trees. Jim Coull was present as a representative of the American Chestnut Foundation and spoke regarding the trees. The Commission feared that the chestnut trees might not establish well in this location, but hoped that Collings might plant them elsewhere on his property where more sun might be available to the trees.

The Commission decided to require Collings to plant six red and white oak trees (trunk 1.5 inches in diameter), and also required that 12 blueberry bushes be planted. Commissioner Furman suggested the word “establish” be utilized instead of “plant.”

Cortni Frecha made a motion to require that Bob Collings establish six red and white oak trees (trunks 1.5 inches in diameter), and 12 blueberry bushes to replace trees that were cut without permission along the edge of a fire pond located on his property. Serena Furman seconded the motion and it was passed unanimously.

Collings - Earth Removal Permit – off Barton Road

Kathy Sferra informed the Commission that Bob Collings has filed with the Board of Selectmen (BoS) for an Earth Removal Permit. The hearing is scheduled for April 22, 2014. Sferra showed the Commission a copy of the excavation plan. She told them that this project is in the same area for which the Commission approved a tree clearing project several years ago. She told them that an NOI will be required for both wetland and buffer alteration and revisions would be needed to the prior Order.

Sferra drafted a letter to the BoS stating details regarding wetland issues, project purpose, groundwater recharge and storm water management and recommendations. The Commission voted to approve the letter drafted by Sferra to the Collings Foundation regarding the Earth Removal Proposal.

Dave Coppes made a motion to approve the letter drafted by Kathy Sferra dated April 16, 2014  on behalf of the Commission regarding the proposed Earth Removal Project at the Collings Foundation property on Barton Road. Serena Furman seconded the motion and it was passed unanimously.

Quirk – off Athens Lane

Sferra asked the Commission to review a draft letter dated April 16, 2014 to be sent to Sheri Lazaros, Co-Executor of the Estate of Robert Quirk regarding work needing to be completed at the property located on Athens Lane. The Commission added that a deadline of June 30, 2014 should be included for the completion of wetland flagging on the property and a deadline of July 30, 2014 to have cleanup/restoration work, as specified by the Commission, completed on the property.

Cortni Frecha made a motion to approve the letter drafted by Kathy Sferra on behalf of the Commission regarding restoration and wetland flagging work to be completed on the Quirk Property located on Athens Lane. Serena Furman seconded the motion and it was passed unanimously.

Adjournment

Dave Coppes made a motion to adjourn the meeting at 10 PM.  Andy Snow seconded the motion and it was passed unanimously.

The Commission adjourned at 10 PM.

Respectfully submitted,



Maureen Trunfio
Stow Conservation Commission Secretary