Stow Conservation Commission
Minutes
June 17, 2014
A meeting of the Stow Conservation Commission was held at the Stow Town Hall, 380 Great Road, Stow, Massachusetts, on June 17, 2014 at 7:30 in the evening.
There were present: Ingeborg Hegemann Clark, Chair
David Coppes, Vice-Chair
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
Cortni Frecha made a motion to approve the minutes of June 3, 2014 as drafted and amended. Serena Furman seconded the motion and it was passed unanimously.
Coordinator’s Report
Assignments- Sferra assigned a site inspection at 164 Barton Road to Doug Morse. And a site inspection for 375 Hudson Road to Andy Snow. Jeff Saunders and Ingeborg Hegemann Clark will inspect the 53 Great Road site for an upcoming COC request.
The Commission suggested that Sferra send a certified letter to residents at 35 Hale Road regarding dumping of pine needles and leaves into the lake with a copy to DEP. Serena Furman conducted a site inspection after a neighbor reported the case to the Commission. Furman reported that it was said the previous owner had begun to fill the area because the slope was eroding. Photos were presented.
Sferra visited the home of Maureen Mara at 61 Hiley Brook Road after a possible violation had been reported by neighbors. It was thought that Mara was replacing a culvert on the property, but that proved to be untrue. She had replaced an ornamental bridge over a small brook on the property.
Sferra received several calls from neighbors stating that they believed that there was work being performed in or near the wetlands located behind 220 Taylor Road. Sferra contacted the owner, Steve Hebert, and has plans to walk the site with Hebert.
There has been interested in work being performed at a home on the corner of Hudson and Randall Road. It appears the owner has been removing and selling gravel. However, only the edge of the property is within the jurisdiction of the Commission.
It was discovered that a dock had been built over the water at 109 Barton Road. The owner did come before the Commission to for with an NOI to repair the retaining wall, but never presented plans to build a deck over the structure. Sferra will speak with the owner.
Sferra presented photos to the Commission of the cement pier blocks that Michelle Walsh would like to use at her project located at 76 Pine Point Road.
Notice of Intent (#299-0573)
15 Hale Road/Hale Cove (U-5 #29)
At 7:45 PM Ingeborg Hegemann Clark opened the public hearing for a Notice of Intent (NOI) filed by Bayse Hendrix for the proposed activity of hydroraking for removal of vegetation and muck from the bottom of a cove on Lake Boon. Ingeborg Hegemann Clark and Dave Coppes reviewed the Notice of Intent and conducted the site inspection on behalf of the Commission.
It was reported by Hendrix that the leaves in the cove near the bank are up to water level. Hendrix is requesting permission to have Lycott Environmental perform the work in the cove for two days. She said that two days may not be sufficient and they may need to do more work in the future. The Commission explained that the permit is valid for three years and that they would ask Hendrix to report to the Commission annually on the project.
Access of equipment would be gained via D Street. The Commission had questions regarding access to the cove and insisted that any areas affected by access of equipment be re-established, especially the bank. They also asked for a description of plans to restore the area where the dump truck will sit.
Hegemann Clark and Coppes noted that the west and south side of the cove had sandy bottom. The east side had a dirt bottom in the area where the leaves had settled. The Commission told Hendrix that Lycott could not disturb the natural bottom of the pond in either area.
The Commission told Hendrix that they would need to put a barrier across the cove opening (Type 3 turbidity barrier). Neighbor, Kent Seith of 11 Hale Road, added that he has a barrier that was used when he completed a cove project several years prior and that they could use it.
The Commission said that a catch basin must be used for dewatering. Seith explained that the material removed will be placed at a low point on D Street where it will sit on for 1-2 days and dewater. The Commission specified that erosion barriers will need to be installed if it the area begins to show signs of erosion.
Laura Diamond of 76 North Shore Drive said that she was in favor of cleaning the cove, but noted that the lake was recently treated for invasive species and was concerned about fragmentation of any invasive species. She was also concerned whether this would be a noisy project. Seith told her that the barrier will help with this and that they’ve asked Lycott not to begin work before 8 AM.
Don O’Connell of 7 Hale Road spoke in support of the project. He stated that practically all the leaves from around the lake end up in this cove due to water current patterns.
Don Hawkes of 64 Dawes Road spoke in favor of the project and said that whoever pays waterfront taxes should be able to use the lake.
Tom Amichetti of 9 Hale Road said he was in favor of the project, but that he would like to be guaranteed that any impact from the work is restored.
Serena Furman made a motion to close the public hearing for a Notice of Intent File No. 299-0573 filed by Bayse Hendrix for the proposed activity of hydroraking for removal of vegetation and muck from the bottom of a cove on Lake Boon. Cortni Frecha seconded the motion and it was passed unanimously.
Serena Furman made a motion to approve and issue the Order of Conditions File No. 299-0573 filed by Bayse Hendrix for the proposed activity of hydroraking for removal of vegetation and muck from the bottom of a cove on Lake Boon with work to be performed by Lycott Environmental. Andy Snow seconded the motion and it was passed unanimously.
Request for Determination of Applicability (RDA)
128 Barton Road (U-2 #7)
At 8:19 PM Ingeborg Hegemann Clark opened the public hearing for a RDA filed by Laurel Reynolds for the proposed redline change of adding a 10’x48’ and 8’x19’ wraparound deck to the existing home. This project relates to OOC #299-0541. Andy Snow reviewed the RDA and conducted a site visit on behalf of the Commission. Reynolds and her builder Matthew Nowlan were present.
Reynolds is proposing a deck with 3 sets of sliding glass doors and one set of stairs. Twelve-inch Sonotubes will be utilized and holes for these will be dug by hand. Concrete will be made and poured on site. A propane tank to fuel a fire pit was shown on the plan on the side yard.
An abutter that resides at 124 Barton Road spoke and said that she is frustrated with this project and that it has been an ongoing project that has lasted over two years. She said that the project is actually two projects when the apartment across the street is included. She feels that the proposed deck will be too large for the lot.
Abutter, Peter Christmas of 122 Barton Road spoke and said he is greatly frustrated by the number of changes to this project. He stated that a screen porch, that was actually a room, had been added to the original footprint of the home and had greatly increased the size of the home. Reynolds responded and stated that all aspects of this project have been done legally and only after attaining the proper permits.
Kathy Sferra referenced a letter sent in the form of an email and dated June 17, 2014 to be included in the record from abutter, Donna Tramontozzi. The letter states Tramontozzi’s concerns regarding the project including a variance that was granted on September 14, 2012. It specified a screened-in porch that directly abuts her property and she states that is not a screen porch as presented. Secondly, she is concerned about the health of the lake because the proposed deck would be located within the 35-foot buffer zone. She mentioned that the project has produced an active construction site for almost two years and that she has had to look out upon a port-a-potty in Reynolds’ driveway for that duration.
The Commission determined that Reynolds will need to file a NOI for this project. All required abutters will be notified. The Commission recommended that Reynolds consider any other projects that she might be able to foresee in the future and include them on the upcoming NOI.
The Commission told Reynolds that she will also need to apply to the Zoning Board of Appeals for the deck project. Two variances will be needed.
Dave Coppes made a motion to close the public hearing for a Request for Determination of Applicability filed by Laurel Reynolds for the proposed redline change of adding a 10’x48’ and 8’x19’ wraparound deck to the existing home at 128 Barton Road. Andy Snow seconded the motion and it was passed unanimously.
Cortni Frecha made a motion to issue a Positive Determination to the Request for Determination of Applicability filed by Laurel Reynolds for the proposed redline change of adding a 10’x48’ and 8’x19’ wraparound deck to the existing home at 128 Barton Road. Andy Snow seconded the motion and it was passed unanimously.
Notice of Intent Amendment (#299-0562)
27-29 Hale Road (U-5 #13A)
Kevin Cunningham came before the Commission to request permission to amend OOC #299-0562 to allow him to remove 15 trees (including one dead tree and one that has been topped off) before beginning a project to build a garage on his property at 27-29 Hale Road. Cunningham was present at this meeting.
Cortni Frecha and Kathy Sferra conducted a site inspection on behalf of the Commission. The Commission determined that they would grant permission to remove the trees. As a special condition, they required Cunningham plant five native trees and five native shrubs as part of the project. A plan should be submitted showing where the shrubs will be planted.
Dave Coppes made a motion to close the hearing to amend of the Order of Conditions File No. 299-0562 filed by homeowners Kevin and Jennifer Cunningham for the proposed activity of removing fifteen trees from their property located at 27-29 Hale Road. Andy Snow seconded the motion and it was passed unanimously.
Coppes made a motion to approve the amendment of the Order of Conditions File No. 299-0562 filed by homeowners Kevin and Jennifer Cunningham for the proposed activity of removing fifteen trees from their property located at 27-29 Hale Road. Cortni Frecha seconded the motion and it was passed unanimously.
Notice of Intent (#299-0574)
0 Barton Road (U-2 #54 & R-25 #16A&B)
At 8:50 PM Ingeborg Hegemann Clark opened the public hearing for a Notice of Intent (NOI) filed by Robert Collings for the proposed activity of site work associated with construction of a 66,000 square foot museum building. Kathy Sferra and Jeff Saunders reviewed the NOI and conducted the site inspection. There is a pond on the property that is a resource area, and the local bylaw jurisdiction is 200’ from the pond. There is also a Bordering Vegetated Wetlands (BVW)at the south end of the project area. Bob Collings and engineer Paul Hutnak of Andrews Survey and Engineering, Inc. were present.
Hutnak displayed plans and explained Collings’ intent to build a museum on the property and addressed the resource area that would be affected by the project. He showed a proposed driveway of reground asphalt and pavement in front of the proposed building. Plans showed a downward slope in the driveway.
Hutnak said that they would prefer to channel much of the stormwater toward the existing pond in the area. Collings sai that he would like to add water to the pond so that it would be available should the Stow Fire Department need it.
Collings elaborated on the pond and told the Commission that it would hold 140K gallons of useful water for a hydrant set up. He said that south of 156 Barton Road there is no water source in Stow, aside from what's on the fire trucks. Collings said that in the event of a fire on Barton Road, the first truck with 1,000 gallons would show up, and then a tanker truck would come with 2,000 gallons of water. After that supply had been depleted, trucks would need to go to the dam for water. It has proven too hard to pump water up from Lake Boon. Collings said they could pump from the pond for two hours with regulation fire trucks. He said that if the Commission would like the project runoff from the east side of building to recharge the ground, they would do so, but that he found three reasons why it might be beneficial to have water flow into
the pond.
Collings told the Commission that runoff from the roof, if added to the pond, may be a great asset in a long summer drought. He added that if the Commission requires the water to be added to the water table and it flows down to the Assabet River, it does not provide the same benefit as it would in the pond. Finally, he stated that collecting rain water and aerating it, prepares it to sustain a fish population and prevents stagnation. Collings said that he reviewed all fire-related data with the Stow Fire Chief. Collings said that he estimates that there are 83 homes on Barton Road that could benefit from 24/7/365 fire protection.
The Commission said that Collings must remember that what he is calling a fire pond is simply a resource are the Commission is required to protect. They added that, as proposed, the project does not meet stormwater standards, based on the review by Sue Carter. They reminded him that storm water generally is recharged, and what he is proposing is direct discharge into the resource area.
Hutnak mentioned a swale above the parking lot that would slope down toward the pond. He said that they would install a silt fence and straw wattle along 100’ buffer for the project, with the exception of the outfall.
The Commission questioned the leach field associated with the project, and Collings said that it would conform with Title 5 and won’t impact to resource area. The Commission said they were not sure the leach field shown would be adequate for the project.
There is an underground propane tank shown on the plan, but it is outside the Commission’s jurisdiction. The Commission asked about storm water levels being presented at peak loads and asked about the elevation of the pond. Collings said that the elevation of the pond is 84 feet and the other area is 94 feet because the pond is in a “bowl” area.
Kathy Sferra told Collings and Hutnak that she had received a letter dated June 17, 2014 from Sue Carter, the Town’s consulting engineer, which raises numerous issues. She suggested that Collings and Hutnak incorporated changes from Carter’s letter as well as any changes that may arise at tomorrow night’s Planning Board meeting into the next set of plans.
Sferra reminded Collings that any plantings must be native and also reminded him that the Commission requested a planting plan for around the pond earlier in the year. She suggested the planting plan be incorporated into the project’s landscaping plan.
Dave Coppes asked whether there would be much grade change in the vicinity of the pond. Ingeborg Hegemann Clark said that she would like to see a comparison of where the watershed for the pond will be after completion and where it is now. Hutnak said that he will speak with Carter regarding the depth of the water table. The Commission would like to know if the hydroperiod of the pond would change.
After the Commission finished their questions with Collings and Hutnak, there were questions from abutters.
Janet Belsky of 122 Barton Road mentioned the problem with traffic during events at the Collings Foundation and that she was concerned with fire trucks being able to access the fire pond. She stated that during an event the prior weekend, it took a car 20 minutes to get from Sudbury Road to the Collings Foundation on Barton Road.
Don Hawkes of Dawes Road asked if there was a problem with changing from a gravel road to paved asphalt and whether storm water numbers would remain the same. The Commission explained that the proposed paving material is permeable and that the Commission will make sure that storm water runoff on the site is not increased.
Pat Sorn of 174 Barton Road asked whether the removal of material from the hill that is on the site of this project will affect the pond. Ingeborg Hegemann Clark explained that the Commission had not seen a filing on the earth removal project. Collings added that the earth removal project is over 1,000 feet from the pond and does not relate to this project.
Amanda Atwell of 171 Barton Road asked where the Assabet River was shown on the plans. Hatnuk flipped to the next sheet and showed the location of the river. She wanted to express her concerns for the downstream portion of the river. The Commission asked for that to be shown on the next plan.
Peter Christmas of 122 Barton was concerned about ongoing activities on the Collings property and whether the Commission had issued permits. One example he cited was tree cutting. Ingeborg Hegemann Clark told him that the Commission had issued two permits to Collings. One was for tree cutting at the end of the landing strip. The other was for an approved subdivision on the property which never went forward.
Chad Atwell of 171 Barton Road asked whether there were changes contemplated for road. Collings replied that there were no changes proposed.
Collings agreed to continue the hearing until the Commission’s July 15, 2014 meeting. Kathy Sferra asked Hutnak and Collings if they were clear on what would be required from them for the next part of the hearing.
Dave Coppes made a motion to continue the public hearing for a Notice of Intent File No. 299-0574 filed by Robert Collings for the proposed activity of site work associated with construction of a 66,000 square foot museum building at 0 Barton Road to July 15, 2014 on or after 7:30 PM. Cortni Frecha seconded the motion and it was passed unanimously.
Certificate of Compliance Request (#299-0453)
330 Great Road (U-10 #50-4)
C.R. Parchen contacted the office requesting a Certificate of Compliance for property located at 330 Great Road. Andy Snow 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.
Cortni Frecha made a motion to issue the Certificate Of Compliance for work satisfactorily completed at 330 Great Road in compliance with Order of Conditions File No. 299-0453.
Andy Snow seconded the motion and it was passed unanimously.
Coordinator’s Report (continued)
Sferra reported that work repaving the runway at Minuteman Air Field is underway. Don McPherson called the office to report a problem with a culvert under the runway. The pipe extends into the project area and outside the haybales. Sferra did a site visit and approved the culvert work in consultation with Ingeborg Hegemann Clark. Sferra asked the Commission to approve the change for the file.
Serena Furman made a motion to issue permission for a red line change relating to a failed culvert running under the runway at Minute Man Air Field in relation to OOC # 299-0568. Andy Snow seconded the motion and it was passed unanimously.
Sferra had posted the vacancy for a Full Member seat on the Conservation Commission. The only letter of interest was from one of the Commission’s Associate Members, Sandra Grund. The Commission agreed Grund should fill the vacancy.
Dave Coppes made a motion to recommend Sandra Grund to fill the vacant position of Full Member on the Conservation Commission. Cortni Frecha seconded the motion and it was passed unanimously.
Sferra posted the position of Land Steward for the Conservation Commission on May 2, 2014 and the deadline was June 13, 2014. The only letter of interest received was from the current Land Steward, Bruce Trefry. Sferra recommended that the Commission appoint Trefry based on his excellent work for the Commission over the past several years.
Andy Snow made a motion to make a three-year appointment starting July 1, 2014 for an annual payment of $5,000 for Bruce Trefry to fill the position Land Steward for the Conservation Commission. Serena Furman seconded the motion and it was passed unanimously.
Sferra reminded the Commission that the Collings Earth Removal Project at 0 Barton Road has been revised to reduce the amount of earth removal and the amount of wetland fill. The new plans purport to show exactly 5,000 sq. ft. of alteration. The Selectmen’s hearing is continued to July 9, 2014. This item will also be discussed at tomorrow night’s Planning Board meeting.
Sferra informed the Commission that the resident on Dunster Drive who wanted to place a shed on the property line abutting conservation land, has reconsidered and will position it elsewhere on her property.
Sferra told the Commission that she received telephone calls from both parties to whom she mailed letters regarding dumping of leaves and yard waste at Deerfield Lane. One of the men has begun to remove the debris.
The Commission thanked Dave Coppes for his many years of stellar service on the Commission. He will be stepping down as a Full Member but will remain as an Associate.
Adjournment
Dave Coppes made a motion to adjourn the meeting at 10:10 PM. Cortni Frecha seconded the motion and it was passed unanimously.
The Commission adjourned at 10:10 PM.
Respectfully submitted,
Maureen Trunfio
Stow Conservation Commission Secretary
| 
