Stow Conservation Commission
Minutes
May 20, 2014
A meeting of the Stow Conservation Commission was held at the Stow Town Building, 380 Great Road, Stow, Massachusetts, on May 20, 2014 at 7:30 in the evening.
There were present: Ingeborg Hegemann Clark
David Coppes
Cortni Frecha (acted as Chair)
Serena Furman
Doug Morse
Jeff Saunders
Absent: Andy Snow
Sandra Grund, Associate Member
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
David Coppes made a motion to approve the minutes of April 29, 2014 as drafted and amended. Serena Furman seconded the motion and it was passed unanimously.
Kirkland Pond Treatment Annual Report & Future Plans (#299-0517)
(R-5 #8-16)
Craig Fifield of 54 Kirkland Drive was present to share the results of the 2013 Annual Report prepared by Erika Haug of Aquatic Control Technology and to discuss plans for 2014. Fifield said that they are pleased with the results of the previous treatments. He stated that the treatments are helping keep the water meal away. Aquatic Control Technology’s report stated that they did not anticipate that they wouldn need to treat the water meal again until 2015. Fifield did have some concerns about algae in the pond and said they will continue to monitor it. They may also want to do some work to control upland invasives using the same firm, but will have the Commission review this. Aquatic Control Technology stated in their report that a follow-up treatment of the filamentous or microscopic algae with SeClear algaecide may be necessary in
mid to late summer of 2014. The report mentioned that the expiration date for the OOC has been extended until April 20, 2017.
The Commission discussed the dwindling number of homeowners that are still part of the Order due to issuance of partial COCs to two of the original five applicants. Fifield thought it would be a good idea to invite new neighbors to be part of the project. The Commission thought if that were to happen they would need to amend the Order to include the new abutters. Sferra will confirm with Town Counsel and let Fifield know if new resident can or should be added to the Order.
Continuation of Notice of Intent (#299-0564, 299-0565, 299-0566)
38 Adams Drive/Abagail Place (R-7 #4)
At 7:45 PM Cortni Frecha reopened the public hearing for three Notices of Intent (NOI) filed by John Anderson of Crown Castle Properties for the proposed activity of construction of three single-family dwellings, construction of wells plus a septic system and site restoration activities at Abigail Place.
John Anderson of Crown Castle Properties, Mark Donohoe of Acton Survey and Engineering and local builder Brett Taylor were present to answer questions. Donohoe presented plans for Lot 1 and the Commission asked what they planned to use for erosion control. John Anderson said that they usually leave that decision to the contractor, but he would suggest a silt fence plus straw bales. The Commission asked about the wood that will be chipped on site. Anderson answered that the chips would be used on Lot 3. Excavated soil from Lot 1 will be used for grading on Lot 2. The Commission required that the three-rail, split rail fence be extended across the temporary access created for the well on Lot 1. Anderson has not yet filed with the Board of Health for septic work.
On Lot 2 Anderson said that he would like to plant lawn to the hay bale line and would like to remove large logs in the buffer, but keep as many of the trees as possible. He told the Commission that he will maintain the construction entranceways. Abutter Jerry Ruzicka of 33 Adams Drive asked if the large trees along the proposed driveway would remain. Anderson said that they would need to be removed. Dave Coppes asked about the drain under the slab of the basement and Brett Taylor explained that it would work like a french drain. Doug Morse questioned a detail on the plan that showed a spillway. On Lot 3, they will be using the existing driveway. The wooden fence will be removed and they will install post and rail fence. The shed will be removed by hand. No storage of materials will be allowed on Lot 3. Ruzicka asked about the donation of
the water tank to the town. Anderson explained that the water tank issue has not been settled but that it will need to be removed if the house is built. Ruzicka asked about the removal of the pump house. Anderson explained that decommissioning the wells would need to be done by qualified personnel at a later date with proper procedure followed.
Dave Coppes asked about the potential intermittent stream that extends across the 38 Adams Drive site. A letter from Acton Survey and Engineering states the most recent USGS Hudson Quadrangle (1988) and MassGIS does not show the Adams Branch until a distance of 260 feet from Adams Drive and 470 feet from the confluence with the west to east flowing stream. The Commission said that Anderson should submit a plan for invasive control on Lot 3. The Commission talked about the deceased deer that was noted on their site walk. Kathy Sferra said that she would speak with Jack Wallace at the Board of Health.
Dave Coppes made a motion to close 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. Ingeborg Hegemann Clark seconded the motion and it was passed unanimously.
Dave Coppes made a motion to accept the withdrawal of the Notice of Intent submittals for Lots 4 & 5, (#299-0567 & #299-0570) at 38 Adams Drive filed by Crown Castle Properties for the proposed activity of construction of one single-family dwelling, well plus septic systems and a shared septic site. Ingeborg Hegemann Clark seconded the motion and it was passed unanimously. Serena Furman seconded the motion and it was passed unanimously.
Notice of Intent (#299-0571)
76 Pine Point Road (U-1 #28)
At 8:27 PM Cortni Frecha opened the public hearing for a Notice of Intent filed by homeowners, Michelle and Timothy Walsh for the proposed activity of renovation of a cottage including docks, patio, new stairs and repair of the retaining wall at 76 Pine Point Road. Ingeborg Hegemann Clark conducted the site inspection on behalf of the Commission.
Homeowner Michelle Walsh presented her proposed plans to the Commission. She said that they would need to fix a crumbling retaining wall. She thought concrete had been poured in front of the existing wall, but would like to hire a contractor to repair the wall and remove any additional concrete poured pond side of the wall. There is currently Japanese Knotweed at the retaining wall and this would be removed as part of the project. She said that there is a carpet over the existing patio and that they would like to remove that carpet and replace the area with pavers. They would like to extend the existing patio by four feet on each side. There is an existing fire pit 10 feet from the home that they would like to remove. There is an existing dock that they would like to rebuild with pressure-treated wood and they would like to move the dock so
that it would stand in deeper water. Lake resident Cindy Curley met the Commission during their site inspection and agreed that it would be beneficial if the dock were extended slightly due to the shallow water and the fact that many boats have run aground in this area.
There is currently a Jacuzzi integrated in the yard and Walsh would like to remove the Jacuzzi, but keep the fence. On the side of the house they would like to rebuild an outdoor staircase and relocate a door that would allow them to remove a spiral staircase inside the home. The existing outdoor steps on the staircase were not built to code. They would also like permission to install three seasonal floating decks (8’x12’) where the water meets the edge of their property. There is a runoff issue with the walkway at the front of the house. Plantings were suggested.
Cortni Frecha asked Walsh to have their contractor present a plant to the Commission for approval detailing plans to fix the retaining wall.
Abutter Dan Barstow of 99 Pine Point Road was present for the hearing, but had no objections to or comments regarding the project. The Commission agreed to close the hearing and issue Orders of Conditions for the project.
Ingeborg Hegemann Clark made a motion to close the public hearing for a Notice of Intent File No. 299-0571 filed by homeowners Michelle and Timothy Walsh for the proposed activity of renovation of a cottage including docks, patio, new stairs and repair of the retaining wall. Dave Coppes seconded the motion and it was passed unanimously.
Ingeborg Hegemann Clark made a motion to approve and issue the Order of Conditions File No. 299-0571 0571 filed by homeowners Michelle and Timothy Walsh for the proposed activity of renovation of a cottage including docks, patio, new stairs and repair of the retaining wall. Dave Coppes seconded the motion and it was passed unanimously.
Notice of Intent (#299-0572)
68 Pompositticut Street (R-30 #76-6A&7A)
At 8:45 PM Cortni Frecha opened the public hearing for a Notice of Intent filed by John Giordano of Top Flight Custom Homes for tree work that was performed in the buffer zone without an Order of Conditions. Ingeborg Hegemann Clark, Cortni Frecha and Kathy Sferra conducted the site inspection on behalf of the Commission.
Steve Poole of Lakeview Engineering is representing Giordano and explained to the Commission that the site was disturbed within 100 feet of the wetland with 24-30 trees cut, based on estimates. Abutter, Chris Strangio of 45 Pompositticut Street asked Giordano what the overall plan for the property was and also wanted to know the procedure for dealing with issue like this when people clear wetlands without permission. The Commission explained that restoration plans are often the course of action. Steve Poole explained that the work was not actually in the wetland but was very close to it.
Andrea Harris of 40 Pompositticut Street explained that homes in this area have had flooding problems in the past and they are concerned that wetland cutting might increase the chances of flooding. Abutter, Brian Martinson of 43 Pompositticut Street told Giordano and the Commission that he was the one who initially called the police when the cutting was occurring and stated that he was concerned for wildlife living in the wetland area. Giordano explained that the cutting was a misunderstanding of the law. Martinson asked how the success of the restoration would be measured and the Commission requested that a proposal for this be included in the restoration plan.
The Commission was concerned with invasive species taking over the area that was now open due to the cutting. Hegemann Clark explained that it would now be necessary for Giordano to control invasives with a specific plan. The Commission will want any chips removed from the site. The Commission decided that it needed more time to consider this issue and Giordano agreed to continue the hearing to June 3, 2014 on or after 7:30 PM. A wetland boundary plan will be submitted as well as a restoration and meadow management plan.
Dave Coppes made a motion to continue the public hearing for an after-the-fact Notice of Intent File No. 299-0572 filed by, John Giordano of Top Flite Custom Homes for unauthorized clearing work performed within 100 feet of the wetlands to June 3, 2014 on or after 7:30 PM. Doug Morse seconded the motion and it was passed unanimously.
Request for Determination of Applicability
31 Robert Road (R-14 #5a-54)
At 9 PM Cortni Frecha opened the public hearing for a Request for Determination of Applicability (RDA) filed by Christopher Buck for the removal of a screen room and construction of a deck within the buffer zone at 31 Robert Road. Though the area is an existing yard, it does not qualify for the minor project exception in the Act. Approximately 12-14 posts are in the buffer. Serena Furman conducted the site inspection on behalf of the Commission.
Buck was present and explained that the original deck had collapsed and he would like to rebuild slightly larger than the footprint of the old deck. He found that the original deck extended past the end of the house by 2 feet. The new deck would utilize tapered footings of a 36-inch base and 12” top. Furman explained that when she inspected the site a swale that was shown on the site plan was no longer present. It was determined that it must have been eliminated when the the backyard was leveled as part of the pool construction by the previous owner. It was noted that Chris Buck removed a significant patch of Multiflora Rose which proved to be beneficial.
There were no abutters present for this hearing. The Commission agreed to grant Buck permission to rebuild the deck.
Ingeborg Hegemann Clark made a motion to close the public hearing for a Request for Determination filed by Christopher Buck for work associated with the removal of a sunroom and the re-construction of a deck at 31 Robert Road. Dave Coppes seconded the motion and it was passed unanimously.
Ingeborg Hegemann Clark made a motion to issue a Negative 3 Determination for a Request for Determination filing by Christopher Buck for work associated with the removal of a sunroom and the re-construction of a deck at 31 Robert Road. Dave Coppes seconded the motion and it was passed unanimously.
Certificate of Compliance Request (#299-0390)
330 Great Road (U-10 #50-4)
Renee Parchen contacted the office requesting a Certificate of Compliance(COC) for the property located at 330 Great Road. Parchen will be selling the property. The original Order was granted for work relating to the relocation of a driveway. Andy Snow conducted the site inspection on behalf of the Commission, but was not present at this meeting.
The Commission did receive an as-built plan. Snow reported to Sferra that she found the area vegetated and in stable condition. Sferra recommended that the Commission agree to issue the Certificate of Compliance.
Dave Coppes made a motion to issue the Certificate of Compliance for work satisfactorily completed in association with OOC #299-0390 at 330 Great Road. Doug Morse seconded the motion and it was passed unanimously.
Conservation Coordinator’s Report (continued)
Delaney Solar Project (Syncarpha Solar) will be requesting a Certificate of Compliance in the near future. Serena Furman agreed to do a site inspection. Dave Coppes reminded Furman to be aware of the former fence line issue and rocks that were on site.
Quirk (Athens Lane) Sferra told the commission that Jack Wallace of the Board of Health sent a letter dated May 5, 2014 to Sheri Lazaros, Co-Executor of the Estate of Robert D. Quirk. The letter required clean up of the property.
Sferra told the Commission that she is working with Scott Hayes of FORESITE Engineering on the division of the lot at 323 Great Road and with the Stow Conservation Trust on the Conservation Restriction that is required by the CPA purchase. She displayed a draft plan for the Commission to review, which they found acceptable.
Sferra told the Commission that Kevin and Jennifer Cunningham of 27-29 Hale Road have realized that they cannot move forward with their garage project until a significant number of trees have been removed from their property. They stated that they are willing to replant trees after the project has been completed. The Commission suggested that Sferra instruct the Cunningham’s to write a letter to the Commission explaining the reason for the requested tree removal and the number of trees and submit a request to amend the Order. A hearing will be required.
Sferra told the Commission that she received a request for a ZBA Variance at 92 Dunster Drive so that the applicant could gain permission to disregard the 50’ setback rule that would enable him to place a shed and generator within 2 feet of the lot line at the back of his property. The Conservation Commission is the abutter (Derby Woods Conservation Area.) The Commission approved sending a letter.
Sferra mentioned that Ben Schlosser had not yet signed the lease agreement for the farm land at Tuttle Lane. She is expecting to hear from him very soon.
Adjournment
Dave Coppes made a motion to adjourn the meeting at 10:17 PM. Serena Furman seconded the motion and it was passed unanimously.
The Commission adjourned at 10:17 PM.
Respectfully submitted,
Maureen Trunfio
Stow Conservation Commission Secretary
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