Stow Conservation Commission
Minutes
October 21, 2014
A meeting of the Stow Conservation Commission was held at the Stow Town Building, 380 Great Road, Stow, Massachusetts, on October 21, 2014 at 7:30 in the evening.
There were present: Cortni Frecha, Chair
Andy Snow, Vice-Chair
Serena Furman
Sandra Grund
Doug Morse
Jeff Saunders
Absent: Ingeborg Hegemann Clark
comprising a quorum of the Commission
Also present: Kathy Sferra, Conservation Coordinator
Jacquelyn Goring, Conservation Assistant
The Conservation Commission meeting was called to order at 7:30 PM.
Approve Minutes
Andy Snow made a motion to approve the minutes of September 16, 2014 as drafted and amended. Serena Furman seconded the motion and it was passed unanimously.
Coordinator’s Report
Crescent Street Lot 2 - Sferra reported that Tom Peragallo of LEC, Inc. submitted a proposal for the review of the wetland delineation on the lot which included costs for attending a hearing. Sferra will contact Peragallo to modify the proposal to show attending a meeting as added services. Sferra drafted a letter regarding the estimate to Greg Roy, the applicant’s consultant, for approval.
Serena Furman made a motion to send the letter of estimate to Greg Roy for approval. Andy Snow seconded the motion and it was passed unanimously.
Pompo School Reuse Plan - Sferra told the Commission that the Pompo School reuse project would not be ready for a hearing on November 3rd, but would be submitted for the November 18, 2014 Commission Meeting. A site meeting will take place on October 28, 2014 with Sferra, Ingeborg Hegemann Clark, Sandra Grund and Serena Furman.
Wedgewood Road - Sferra told the Commission that the revised Forest Cutting Plan for the Merrill property was not submitted in time for tonight. The plan is being revised to indicate wetlands not included in the first plan. Sferra told the Commission that the plan will be completed for the November 3, 2014 Commission meeting.
Lot K1, Randall Road - Sferra and Ingeborg Hegemann Clark conducted a site visit on October 12, 2014 and reviewed the trees proposed to remain. Sferra and Hegemann Clark flagged an additional four trees to remain including a 30” oak, 24” oak, 8” red maple and a small hickory tree.
Jeff Saunders made a motion to approve the revised replication proposal. Serena Furman seconded the motion and it was passed unanimously.
Request for Determination of Applicability
514 Great Road/R-16 #34
At 7:45 PM Cortni Frecha opened the public hearing for a Request for Determination of Applicability filed by Leslie Hoenshall for the removal of a pool and re-grading within the Riverfront Area. Andy Snow conducted the site visit on behalf of the Commission.
Frank Chiodo with Chiodo Excavating and Leslie and Margaret Hoenshall were present. Chiodo displayed plans and photos showing the existing pool. He explained that the pool and surrounding concrete would be removed and returned to the natural grade of the area which has a slight slope. He proposed placing straw wattles at the edge of the affected area at the top of the slope and noted that the affected area will be loamed and seeded following the removal of the pool. Chiodo added that the area which is currently impervious will be pervious after the work is completed.
Serena Furman asked if the pool has been drained and Chiodo confirmed it had been. Snow noted that during the site visit she discussed the slope toward the wetland, the visibility of the project to route 117, the equipment planned to be used during the project and erosion controls. Chiodo confirmed that straw wattles would be used for erosion control and that he did not expect any runoff because it would be dispersed across the lawn prior to entering the wetland. Snow confirmed that the soil around the pool area will be used as fill and no concrete will remain onsite. Furman asked if the work will be completed before the ground freezes and if seeding will be completed in the spring. Chiodo confirmed that seeding will take place immediately after the completion of the project this fall and will be covered with straw.
Serena Furman made a motion to close the public hearing for a Request for Determination of Applicability filed by Leslie Hoenshall for the removal of a pool and regrading within the Riverfront Area. Andy Snow seconded the motion and it was passed unanimously.
Andy Snow made a motion to approve and issue for a Negative #3 Determination of Applicability for the project with conditions that concrete is not stored on the site, confirmation of erosion controls, and the area will be seeded before snowfall. Sandra Grund seconded the motion and it was passed unanimously.
Coordinator’s Report (continued)
Walcott Street Violation - Sferra informed the Commission that a letter was sent to the home owner and they contacted Sferra to follow up on the next steps of filing. Andy Snow agreed to bring the property owner a Notice of Intent form.
Maple Street Violation – DiPietro - Sferra informed the Commission that the Enforcement Order was picked up at the post office on October 18, 2014. The Enforcement Order issued to Alan DiPietro indicated that he give the Conservation Commission notice within 48 hours of receipt of his intent to comply and the option to attend the meeting tonight. DiPietro did not attend the meeting. Sferra also informed the Commission that the Bolton Conservation Commission also contacted DiPietro and had not received a response. Sferra and Carol Gumbart, Bolton’s Conservation Agent will reach out to MassDEP for assistance and to discuss further enforcement options. Andy Snow recommended using MassDEP as a resource for this enforcement.
Maple Street Violation – 200 Maple Street - Sferra informed the Commission that a Cease and Desist letter was sent to the property owner of 200 Maple Street. Sferra noted that a septic plan was on file for the lot which shows approximate wetland boundaries. The wetland boundaries depicted on the septic plan indicate that the clearing currently being done by the homeowner appears to be within the buffer zone. The Cease and Desist letter includes the request to install staked hay bales or straw wattles between the cleared area and the wetland.
Request for Extension – Ridgewood, LLC
Cortni Frecha recused herself at 7:56 PM. Andy Snow acted as chair.
Sferra informed the Commission that the applicants have requested an extension to the Order of Conditions approved in November 2007 for an Active Adult Condominium project which required the work to be completed by November 2010. The Permit Extension Act extended the life of this permit to November 2014. The applicant has requested a three year extension to November 2017. Sferra noted that the applicant does have approval from the Planning Board, Board of Health and MassDEP and that the project had not moved forward previously due to poor market conditions. Sferra informed the Commission that the applicant plans to start construction in 2015.
Serena Furman asked if there have been any changes in the requirements for construction. Sferra noted there may be additional storm water requirements. Sferra informed the Commission that the Town of Stow has an Active Adult unit cap and that if this development is completed that the Active Adult cap for the Town of Stow would be met. Snow asked about the likelihood of other developers coming before the Commission for approval for an Active Adult community within the three year extension period and if the Commission would be required to approve additional projects. Sferra noted that it would be unlikely that another developer would look to build an Active Adult community in Stow so long as this permit is in effect. Jeff Saunders asked what the resource areas are for the project and Sferra confirmed both Riverfront Area and Bordering
Vegetated Wetland, as well as Bordering Land Subject to Flooding. Furman asked if the flood plain may have changed and Sferra noted that it was not likely to have changed in a way that would affect the project, due to Riverfront Area setbacks. The Commission discussed whether to ask the applicant to refresh the wetland flags in the field or require re-delineation. Snow noted that the town’s wetland regulations may change which at that point may require re-delineation.
Doug Morse made a motion to approve the extension of the Order of Conditions filed by Ridgewood, LLC for the construction of Ridgewood Active Adult Housing for one year including conditions that the Town of Stow wetland bylaws will likely change within one year and that the Commission may require re-delineation if an additional extension is requested for the project. Sandra Grund seconded the motion and it was passed unanimously.
Cortni Frecha returned at 8:08 PM.
Continuation of Notice of Intent (#299-0582)
220 Barton Road (U-2 #34)
At 8:00 PM Cortni Frecha reopened the public hearing continued from October 7, 2014 for a Notice of Intent (NOI) filed by Steve Poole of Lakeview Engineering for removal and reconstruction of retaining walls, site grading and landscaping. Poole was present at the meeting.
Poole displayed a revised plan that proposed a series of retaining walls extending across the property requiring removing soil down to 2.5 feet rather than the previously proposed retaining wall which required soil removal to a depth of 6.5 feet. The revised plan will allow for a lawn area below and a patio above the proposed retaining wall. Frecha confirmed the need for a railing on the four foot retaining wall with Poole.
Doug Morse noted that the revised proposal seemed to be a better solution for more usable space for a lawn and patio area. Andy Snow added that the issue with the previous plan was the amount of disturbance which will still occur with the revised plan. Poole noted the area of disturbance is a large area of invasive bittersweet vines that will be removed as part of the revised plan. Morse noted that the area to be removed is previously disturbed and will be an improvement on the current conditions of the area and the retaining wall which is showing signs of decay.
Serena Furman asked Poole about a note on the plan presented to the Commission regarding restacking rocks from the lake bottom. Poole confirmed that the rocks had previously fallen into the lake from the existing retaining wall. Frecha confirmed with Poole that the area below the proposed retaining wall will be pervious lawn area and that the upper area will be a pervious blue stone patio with a pea stone base. Morse recommended moving or adding additional plantings along the proposed retaining wall and that the new step by the dock should be mortared for safety. Snow confirmed with Poole that the large pine tree will remain as previously planned.
Andy Snow made a motion to close the public hearing for a Notice of Intent (NOI) filed by Steve Poole of Lakeview Engineering for removal and reconstruction of retaining walls, site grading and landscaping. Doug Morse seconded the motion and it was passed unanimously.
Notice of Intent (#299-0584)
Minuteman Air Field – 302 Boxboro Road (R-7 #35)
At 8:15 PM Cortni Frecha opened the public hearing for a Notice of Intent (NOI) filed by Minuteman Air Field Inc. for repair of 1,050 linear feet of runway, relocation of taxiway, and grading of a runway safety area. Randy Christenson and David Rich of Stantec Consulting Services were present as representatives for Minuteman Air Field Inc.
Christenson came before the Commission with plans for Phase 2 of the repairs at Minuteman Air Field. Phase 1 of the runway reconstruction was completed on June 30, 2014 including construction of a compensatory flood storage area that is now in use. Christenson explained to the Commission that there are three components to the second phase of the project. Christenson displayed plans for each component including the 1,050 linear feet of runway to be reconstructed, relocation of a 700 linear foot taxiway, and removal of a hill to create a 120 foot by 240 foot runway safety area. Christenson mentioned that repairs to the Heath Hen Meadow Brook culvert would be part of the third phase of the project.
Christenson discussed each component of the project including the alteration of 3,988 square feet of wetland and 13,840 square feet of Bordering Land Subject to Flooding. Christenson informed the Commission that the replication area is 8,800 square feet of wetland and 13,840 square feet of Bordering Land Subject to Flooding, exceeding the two to one requirement. The replication area is a degraded upland site adjacent to a wetland selected on a site visit with the Commission last year. Christenson noted that the area will be seeded with eight times the amount of varied seed mix as dense as possible to avoid invasive species from establishing in the replication area. Erosion control fabric or soil tackifier/glue will be used in the replication area to avoid wash out of the seed mix.
Christenson noted that the project is in the Riverfront Area of Heath Hen Meadow Brook and will alter 73,320 square feet of Riverfront Area. Christenson pointed out that a waiver is required for the Town of Stow bylaw requiring a 10% overlap area for the compensatory flood storage and another waiver for the overlap in the replication area. Christenson also noted that a waiver would be necessary for the Town of Stow bylaw because the mitigation site will not be directly adjacent but within the 100’ buffer zone. Work is also proposed within the Commission’s 35’ no disturb buffer area.
Grading within the Riverfront Area will restore the existing condition and there will be no change in cover type of pervious or impervious material. Christenson noted that turf and pavement conditions will be improved as part of the reconstruction and the existing taxiway will be moved out of the 35’ buffer zone and replaced with turf.
Christenson recommended a site visit to discuss the plans for Phase 2 in the field. Frecha suggested deferring public comment until the next hearing. A site visit was scheduled for October 27, 2014 at 7:30 AM.
Andy Snow made a motion to continue the public hearing for a Notice of Intent filed by Minuteman Air Field Inc. to December 2, 2014 on or after 7:30 PM. Sandra Grund seconded the motion and it was passed unanimously.
Notice of Intent (#299-0585)
553 Sudbury Road (U-6 #15-A)
At 8:45 PM Serena Furman opened the public hearing for a Notice of Intent (NOI) filed by Blu Homes, Inc. for demolition and reconstruction of a single family dwelling, septic system and associated site work. Bruce Ringwall of Goldsmith, Prest & Ringwall, Inc. was present as a representative for Blu Homes, Inc.
Bruce Ringwall displayed revised plans addressing comments from the site walk conducted on October 19, 2014. Ringwall discussed the location of the property on Lake Boon which is surrounded by wetland and floodplain with an upland area of approximately 4,600 square feet. The property enters off of a private gravel drive, which crosses a 24” culvert beyond which is the existing paved driveway. Ringwall noted the existing impervious area is approximately 7,000 square feet with the new estimated impervious area to be approximately 4,000 square feet which would represent a 34% reduction of impervious area on the property.
Ringwall informed the Commission that the existing four bedroom home will be downsized to a two bedroom home. The septic system will be replaced with a four bedroom septic system with the intention that the property will be resold in the future with the potential to add a second level or expand.
Ringwall informed the Commission that the intention is to maintain the trees on the property including a large oak in front of the new dwelling. A large oak located near the planned septic system is currently leaning significantly but will be maintained unless the root system is undermined by the installation of the new septic system. A 5” pine and a small oak covered with bittersweet located next to an existing transformer pad will be removed.
Ringwall discussed the driveway replacement located within the 35’ buffer zone with a grade increase of 3 feet from the existing garage to the proposed garage due to the transition between the floor levels of the existing and proposed dwellings. Portions of the paved areas within the 35’ buffer zone will be removed and the remaining pavement within the 35’ buffer zone will be replaced. One to two feet of fill will be place in front of the proposed deck to avoid the need for a railing to allow for an unobstructed view of Lake Boon.
Ringwall proposed straw wattles for erosion control and would be agreeable to using silt fence along the slope of the property although significant run off is not expected. Ringwall pointed out two temporary stock piles areas were included on the updated plans as requested.
Ringwall noted to the Commission that the basement will be above the estimated high groundwater level but a drain and sump will be constructed in the basement which is planned to discharge if necessary to a 3x3x3 pit completed with septic stone and filter fabric. The expected start of the project is late winter to early spring.
Jeff Saunders, Cortni Frecha and Andy Snow were onsite for the site visit on October 19, 2014 and noted that the items discussed at the meeting were added to the plan. Saunders highlighted the area of the existing transformer pad is the closest to the wetland and grading will occur within five feet of the wetland. The Commission discussed added controls in that area and potentially not trenching in the erosion controls due to the added disturbance. Ringwall recommended placing the silt fence on top of the wattles for added protection which Saunders agreed to. Saunders noted the effort to minimize tree removal and that the trees that are planned to be removed are smaller and in locations that are within the limit of work. Saunders also mentioned the plan to extend the existing chain-link fence on the driveway side of the dwelling in areas
that have been previously disturbed. The existing well will be used with new piping to be installed in a previously disturbed paved area located within the 35’ boundary zone. Ringwall noted that there is no expectation that the piping will need to be replaced to the well.
Kathy Sferra noted the change in footprint of the proposed dwelling and that the square footage for the dwelling is not changing significantly. Ringwall noted the significant reduction of impervious area of the property and moving the footprint entirely out of the 50 foot boundary line as far from the wetland areas as possible. Furman asked if the wetland flagging had been previously done which Ringwall confirmed was completed in 2013. Snow noted that there is an obvious demarcation of the wetland boundary and Saunders noted that homeowners are willing to replace that area of removed trees with a more natural feel with native plantings.
Serena Furman made a motion to close the public hearing for a Notice of Intent filed by Blu Homes, Inc. for demolition and reconstruction of a single family dwelling, septic system and associated site work. Andy Snow seconded the motion and it was passed unanimously.
Scott Goddard – Quirk Property - Compliance with Enforcement Order
Dan Wells of Goddard Consulting displayed an as built for Area 2 including a row of boulders and the earthen berm which Wells indicated should close out all outstanding items. Wells requested a Certificate of Compliance and removal of the Enforcement Order. Kathy Sferra asked for the request in writing and to set a time for a site visit in order to be on an agenda for an upcoming Commission meeting. Wells asked the Commission if he would need to attend the Commission meeting. Sferra noted that if all outstanding items are confirmed to be complete during the site visit there is no need for him to return.
Review/Approve Revised Site plan – 164 Barton Road
Steve Poole of Lakeview Engineering was present to discuss the final plan sent to the Commission and to discuss the construction methods for the project. Kathy Sferra noted that the plan was consistent with the Order of Conditions. Poole noted that the retaining wall will keep the same basic design as planned with a mortared wall no higher than four feet with a 36” guardrail. All material for construction will be brought in by hand through the abutter’s yard and all excavation will be completed by hand. At the top of the retaining wall there will be a planting of fragrant sumac. Poole explained that the lower wall will be built first and any material stockpiled will be reused to fill in a gap that will be created from removing the existing retaining wall. Any debris will be removed by wheelbarrow. Poole noted that the only
equipment expected to be brought onto the site is a portable cement mixer. Doug Morse requested that the patio be pitched away from the lake and for the contractor to take photos as the work is completed.
Doug Morse made a motion to approve the revised site plan for 164 Barton Road. Serena Furman seconded the motion and it was passed unanimously.
Conservation Land Regulations - Andy Snow made a motion to approve the basic Conservation Land Regulations for smaller properties as drafted and amended. Jeff Saunders seconded the motion and it was passed unanimously.
Orders of Conditions (#299-0581)
41 Hale Road (U-5 #8)
At the Commission’s October 7, 2014 meeting they closed the hearing for a request for a Notice of Intent (NOI) filed by Eric and Denise Kerble for the demolition of a camp, construction of a house, well and retaining wall replacement. The Commission reviewed and amended a draft of the Order.
Serena Furman made a motion to approve and issue the Order of Conditions filed by Eric and Denise Kerble for the demolition of a camp, construction of a house, well and retaining wall replacement. Andy Snow seconded the motion and it was passed unanimously.
Adjournment
Serena Furman made a motion to adjourn the meeting at 10:16 PM. Andy Snow seconded the motion and it was passed unanimously.
The Commission adjourned at 10:16 PM.
Respectfully submitted,
Jacquie Goring
Conservation Assistant
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