Stow Conservation Commission
Minutes
July 1, 2014
A meeting of the Stow Conservation Commission was held at the Stow Town Building, 380 Great Road, Stow, Massachusetts, on July 1, 2014 at 7:30 in the evening.
There were present: Cortni Frecha, Chair
Andy Snow, Vice-Chair
Ingeborg Hegemann Clark
Serena Furman
Doug Morse
Jeff Saunders
Absent: Sandra Grund
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
Serena Furman made a motion to approve the minutes of June 17, 2014 as drafted and amended. Andy Snow seconded the motion and it was passed unanimously.
Coordinator’s Report
Elm Ridge Road- Sferra reported that the two residents she had notified are being cooperative about cleaning up leaves that were dumped on Deerfield Lane conservation land.
35 Hale Road – Sferra told the Commission that the residents have been notified about the reported dumping of pine needles and leaves into the lake and are willing to have a commissioner visit. Serena Furman said that she would be able to visit on July 7 or July 8, 2014. Jeff Saunders said that he would be interested in going on the inspection with Furman. Sferra will organize this.
Honey Pot Hill Orchard-Sferra told the Commission that Andrew Martin has spoken to her about relocating a roadway on his property and may be filing soon for that project.
Athens Lane- Sferra told the Commission that it was reported that seven truckloads of solid waste (30-yard dumpsters) were removed from the Quirk Site. She reminded the Commission that they gave Quirk a deadline of June 30, 2014 to have the wetland delineated and until July 31, 2014 to have the debris removed. The executress has asked for a one-month extension of the deadline for delineation.
Ingeborg Hegemann Clark made a motion to extend, by one month, the deadline for wetland delineation at the Quirk Property on Athens Lane. The revised deadline will be July 31, 2014. Serena Furman seconded the motion and it was passed unanimously.
Notice of Intent (#299-0575)
375 Hudson Road/R-1 #10
At 7:45 PM Cortni Frecha opened the public hearing for a Notice of Intent (NOI) filed by Arnold & Judith Johnson for the replacement of a failed septic system (including the leach field) and grading associated with the project. Andy Snow reviewed the Notice of Intent and conducted the site inspection on behalf of the Commission.
Arnold Johnson was present with Steve Sears of Ross Associates, Inc. Sears displayed plans
that showed the existing brook and the 200-foot buffer zone. He explained that he located the system at the most extreme offset from the wetland. Ross explained that there would be minimal grading. He will need to put down loam and reseed the area that skirts the septic. He added that all septic lines have been inspected by a Certified Title V Inspector and that all lines are in excellent condition. Serena Furman noted that the plans showed an elevation change and Ross confirmed that there will be a two-foot raise to the system.
Cortni Frecha asked whether any trees would need to be removed to accommodate the project. Ross said that there are three large trees within the 100-foot buffer zone that may need to be removed. The Commission granted permission to remove three trees within the 100-foot buffer zone and a small pond located on site. These include a 16-inch Maple, a 14-inch Black Cherry and a 16-inch Pine.
Andy Snow noted that there was a limited choice for the location of the system due to the constraints of the lot. She confirmed that the new system would be located 78 feet from the wetlands as opposed to the current system is located 50 feet from the BVW. Grading work would be 50 feet from the BVW. She stated that there is no work within the 35-foot No Disturb Zone (NDZ) or the Riverfront Area. Erosion control was discussed.
There were no abutters present. The Commission explained to Johnson that he must record the Order at the Registry.
Andy Snow made a motion to close the public hearing for a Notice of Intent File No. 299-0575 filed by Arnold & Judith Johnson for replacing a failed septic system and grading associated with the project. Serena Furman seconded the motion and it was passed unanimously.
Ingeborg Hegemann Clark made a motion to approve and issue the Order of Conditions File No. 299-0575 filed by Arnold & Judith Johnson for replacing a failed septic system and grading associated with the project at 375 Hudson Road. Serena Furman seconded the motion and it was passed unanimously.
Notice of Intent (#299-0576)
164 Barton Road (U-2 #16)
At 8:00 PM Cortni Frecha opened the hearing for a NOI filed by Robert and Catherine Cantin for construction of a stone patio and steps on their property located at 164 Barton Road. Doug Morse reviewed the NOI and conducted a site inspection on behalf of the Commission. Steve Poole of Lakeview Engineering and Robert and Catherine Cantin were present.
Poole explained that the Cantin’s would like to construct a stone patio, reconstruct one retaining wall along the shoreline and build a new retaining wall along the bank located completely within the 100-foot buffer. They would also like to revegetate eroding portions of the bank. Some work is within the 35-foot NDZ and a waiver has been filed.
The Commission said that the plans must depict methods for erosion control and that they will require a planting plan from the applicant. Much of the hillside at present is covered in ivy. Morse suggested native plantings and mentioned Juniper shrubs. Morse mentioned that there were stumps left from trees that had been removed years prior and that they were helping to keep the area stable. He said that whoever is hired to do this project, must have had experience in situations like these or there could be serious erosion problems. A wildflower mix and a biodegradable mat were suggested to hold the hillside until spring. The Commission asked about runoff from the patio and Poole replied that it would be a permeable surface.
The Commission asked about access to the work area and Cantin told the Commission that the neighbor is allowing access through her property. The Commission was concerned with how materials will come and go from the project because the grade down to the work area is steep. Poole said that materials will be moved up and down to the site via a chute-like system with a winch at the top of the hill.
Poole confirmed that this project will be undertaken during the Lake Boon drawdown period. When the Commission asked about how Poole plans to construct the retaining wall, he responded that he will most likely use concrete to cement the stone in place due to the heavy wave action in the area. The Commission requested engineering drawings showing how the retaining walls will be built and how the work will be done. The Commission told Poole that the applicant will need to delineate upper limit of bank on the plans. The Commission requested more information on the timing of the project.
Dawes Road resident Don Hawkes was present and mentioned that his home has one of the steepest banks on the lake and confirmed that there was a serious amount of wave action in this area of the lake.
Doug Morse made a motion to continue the public hearing for Notice of Intent File No.299-0576 filed by Robert and Catherine Cantin for retaining wall repair, construction of a stone patio and steps and retaining wall at their property located at 164 Barton Road to the Commission’s
August 5, 2014 meeting on or after 7:30 PM. Serena Furman seconded the motion and it was passed unanimously.
Continuation of Notice of Intent (#299-0572)
68 Pompositticut Street (R-30 #76-6A&7A)
At 8:35 PM Cortni Frecha reopened the public hearing continued from May 20, 2014 for a Notice of Intent (NOI) filed by John Giordano of Top-Flite Custom Homes for tree work that was performed in the buffer zone without a permit from the Conservation Commission. Steve Poole of Lakeview Engineering was present as representative for Giordano of Top-Flite Custom Homes.
Poole displayed a planting plan that had been developed by a certified botanist. Kathy Sferra requested that the Botanist come before the Commission to talk about the plan for the next hearing. Frecha inquired whether an attached parcel of property contained wetlands and whether it was slated for development. Poole explained that the westernmost lot was considered unbuildable.
Poole said three trees were removed in the wetland, eight in the 35-foot buffer and 14 in the 100-foot buffer. A total of approximately 24-25 trees were cut. The Commission stressed the fact that whoever is hired to treat and remove invasives on the property must be a certified, licensed chemical applicator.
Brian Martinson of 43 Pompositticut Street told the Commission that he was concerned that most of the discussion has been regarding the removal of trees and not about restoration of the area and that he would like to hear what the Commission has in mind. Frecha told him that a plan will be developed asking for “X” number of trees, shrubs, etc. to be replanted.
Andrea Harris of 40 Pompositticut Street explained that she was concerned about the invasive species in the area where the trees had been removed. Frecha stressed the importance of getting the invasives under control so that the new plantings could establish themselves and were not overtaken by the invasives.
Henry Vannasse of 55 Pompositticut Street was concerned about the westernmost lot on the property and wondered what the Bylaws said about developing a parcel like that. Frecha told him that it was considered an unbuildable lot.
Serena Furman 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 August 5, 2014 on or after 7:30 PM. Doug Morse seconded the motion and it was passed unanimously.
Notice of Intent Amendment (#299-0560)
53 Great Road (R-29 #4-3)
Bob Pace came before the Commission to request an amendment OOC #299-0560 to allow him to expand the driveway and add a 6’x23’ garage expansion at 53 Great Road. Pace was present at this meeting. Matt Mauro was not able to be present.
The Commission asked for a new plan with the 35’ buffer to wetlands clearly delineated on the plan and marked as a “no disturbance buffer” with the exception of the driveway and existing lawn and driveway areas. Additionally the plan should contain a note that the Stow Conservation Commission is required to review and approve any work within the 100’ buffer zone on the lot.
The second garage will require only a modest addition to the house footprint. Pace told the Commission that he will need to add pavement to the area near the new garage to make it functional to allow turning to access the garage. The Commission decided to allow no more than 180 s.f. of additional driveway. Haybales and silt fence or staked coir rolls will be used to mark the limit of work. No trees will be removed.
After discussion, the Commission agreed to require a vegetated swale as part of the garage addition to aid in recharging stormwater runoff on the site. The swale shall be situated running along the northern and eastern edge of the driveway to provide for infiltration of runoff from the driveway. It shall be no more than two feet wide and shall be loamed and seeded with a conservation seed mix. The swale area shall be planted along its length with blueberry or other native shrubs, spaced six feet on center in two staggered rows, the first row of which shall be four feet off the driveway. The final plan shall show the plantings as well as the swale.
The Commission discussed invasive species control. The original order calls for treatment to be done by hand pulling/stem treatment, but Pace’s landscaper would like to do foliar spraying in two areas. One of these is an area near the front of the property that is dominated by poison ivy, the other is an area of mostly bittersweet. The Commission reminded Pace that he cannot drive any vehicle on the wetland. He said he would not need to do that because all required work is next to the driveway.
The Commission asked Pace if the driveway had been pitched when it was built as they requested. He said that it had and the Commission asked him to be sure that the as-built contained spot grades documenting that.
Serena Furman said that she was “on the fence” about this decision and told Pace that she was not pleased that this proposal differed so much from the first project presented. Doug Morse stated that he felt that the Commission had been generous with their allowances for this project and therefore did not want any further requests from Pace or the new property owners when it is sold.
Abutter Brian Martinson of 43 Pompositticut Street voiced his concern with the Commission granting permission to allow a second garage and thought that the home was too large for the lot. He felt that Pace was primarily motivated by economic concerns. He said that it should not be the Commission’s concern that Pace is worried that he cannot sell the home because it has only a one-car garage.
Andrea Harris and Rick Sherman of 40 Pompositticut Street asked whether the Commission would inform the new owners of the wetland protection laws and rule regarding, for example, mowing near the wetlands.
Chris Strangio of 45 Pompositticut Street and Henry Vannesse of 55 Pompositticut Street were present for the hearing and voiced concerns regarding the protection of wetlands.
Andy Snow made a motion to close the hearing to amend of the Order of Conditions File No. 299-560 filed by Bob Pace for the proposed activity of expanding the driveway and adding a garage at the property located at 53 Great Road, as well as modifying the invasive species management conditions. Jeff Saunders seconded the motion and it was passed unanimously.
Ingeborg Hegemann Clark made a motion to approve the amendment to the Order of Conditions File No. 299-0560 filed by Bob Pace for the proposed activity of expanding the driveway and adding a garage at the property located at 53 Great Road, and modifying the invasive species management conditions. Doug Morse seconded the motion and it was passed unanimously.
Orders of Conditions (#299-0573)
15 Hale Road/Hale Cove (U-5 #29)
At the Commission’s June 17, 2014 meeting they heard a request 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. The Commission agreed to issue the OOC.
Ingeborg Hegemann Clark 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 the removal of vegetation and muck from the bottom of a cove on Lake Boon with work to be performed by Lycott Environmental. Serena Furman seconded the motion and it was passed unanimously
Coordinator’s Report (continued)
High Grove Estates-Sferra informed the Commission that she does not yet have Sue Carter’s report.
Polatin Ecological Services-Cortni Frecha mentioned that she is trying to arrange to have Chris Polatin of Polatin Ecological Services visit the Commission on its July 29, 2014 meeting for a discussion on invasive species.
Adjournment
Ingeborg Hegemann Clark made a motion to adjourn the meeting at 11:15 PM. Doug Morse seconded the motion and it was passed unanimously.
The Commission adjourned at 11:15 PM.
Respectfully submitted,
Maureen Trunfio
Stow Conservation Commission Secretary
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