Stow Conservation Commission
Minutes
September 16, 2014
A meeting of the Stow Conservation Commission was held at the Stow Town Building, 380 Great Road, Stow, Massachusetts, on September 16, 2014 at 7:30 in the evening.
There were present: Cortni Frecha, Chair
Andy Snow, Vice-Chair
Serena Furman
Sandra Grund
Ingeborg Hegemann Clark (arrived at 8:05 PM)
Doug Morse
Jeff Saunders
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
Andy Snow made a motion to approve the minutes of August 19, 2014 as drafted and amended. Serena Furman seconded the motion and it was passed unanimously.
RDA
109 Barton Road (U-2 #61)
At 7:45 PM Cortni Frecha opened the public hearing for an after-the-fact RDA filed by William Conley for the proposed activity of building a wooden dock or deck over a retaining wall. Conley did not realize that a filing was required. Jeff Saunders reviewed the Notice of Intent and conducted the site inspection on behalf of the Commission.
Conley was present and explained that he had planned to “face” the retaining wall with stone, but found the cost prohibitive and instead built a cedar dock-like structure that sat on top of the retaining wall. Saunders agreed that the structure was unobtrusive.
The Commission agreed that the structure was acceptable.
Andy Snow made a motion to close the public hearing for an after-the-fact RDA filed by William Conley at 109 Barton Road. Sandra Grund seconded the motion and it was passed.
Jeff Saunders made a motion to issue a Negative 3 Determination for an after-the-fact RDA filed by William Conley at 109 Barton Road. Andy Snow seconded the motion and it was passed unanimously.
The Commission discussed defining the word “dock” at a future time.
Certificate of Compliance Request (#299-0575)
375 Hudson Road
Arnold Johnson contacted the office requesting a Certificate of Compliance for his property.
Andy Snow conducted the site inspection and reported that the septic project had been completed exactly as the Commission had requested. Vegetation (grass) was established. The Commission agreed to issue the Certificate of Compliance.
Andy Snow made a motion to issue the Certificate Of Compliance for work satisfactorily completed at 375 Hudson Road in compliance with Order of Conditions File No. 299-0575.
Sererna Furman seconded the motion and it was passed unanimously.
Ingeborg Hegemann Clark arrived at 8:05 PM
Abbreviated Notice of Resource Area Delineation (ANRAD) (#299-0579)
West Acton Road (R-20 #31A)
At 8:07 PM Cortni Frecha opened a public hearing for an ANRAD filed by Scott Hayes of Gilead Development LLC. Resources on the site at West Acton Road include bordering vegetated wetland and bordering land subject to flooding. No work was proposed on the site at the time of the filing. Cortni Frecha and Ingeborg Hegemann visited the site with Wetland Scientist Scott Goddard, who was present at this meeting. No one from Gilead Development was present.
Goddard told the Commission that Parcel A measures 4.7 acres and that it contains a large wetland area at the back half of the property. Goddard presented a plan showing the 35-foot No Disturb Zone as well as the 100-foot Buffer Zone. The Commission conducted a site inspection and was in agreement with the delineation with the exception of Flag 8 and Flag 20 which were relocated in the field and have been shown on the revised plan. Flag 22 was a questionable area but the Commission did not find it to be wetland on the site visit.
Abutter Sharlett Ramsbad of 303 West Acton Road asked if wetland areas change over time. Sferra told her that the Commission had an approved plan from 2008 and that not very much had changed in that time. Ingeborg Hegemann Clark added that things often change slightly due to changes in vegetation.
Resident Tim Donohue of 7 Canterbury Lane asked what the 100-foot Buffer Zone was and Cortni Frecha explained the Commission's jurisdiction over various Buffer Zones.
The Commission agreed with the wetland delineation and voted to issue the ORAD.
Sandra Grund made a motion to close the public hearing for an Abbreviated Notice of Resource Area Delineation DEP# 299-0579 for property located off West Acton Road. Andy Snow seconded the motion and it was passed unanimously.
Andy Snow made a motion to approve the Order of Resource Area Delineation for property located off West Acton Road, Parcel A, DEP# 299-0579. Ingeborg Hegemann Clark seconded the motion and it was passed unanimously.
Andy Snow acted as Chair for the remainder of the meeting.
Notice of Intent (#299-581)
41 Hale Road (U-5 #8)
At 8:25 PM Andy Snow opened the public hearing for a Notice of Intent (NOI) filed by Denise and Eric Kerble for the proposed activity of demolition of a camp, construction of a new house, well and a retaining wall replacement. Cortni Frecha, Jeff Saunders and Andy Snow conducted the site inspection for this project.
Greg Roy of Ducharme & Dillis was present representing clients, Eric and Denise Kerble, who were also present. Roy displayed plans which showed the 35’ and 100’ Buffer Zones. The house that is presently on the lot measures 615 s.f. The Kerbles would like to demolish the existing home and replace it with a 2,200 s.f. home. They would like permission to replace a retaining wall that is constructed approximately at the 35-foot No Disturb Zone line. The Kerbles would like permission to relocate the current dock, but would attempt to restore the current retaining wall at the water's edge. Roy explained that the homeowners would like to remove most of the trees on the lot, with the exception of those near or along the lake's edge.
Roy explained that the Kerbles would like to move the retaining wall that's closest to the house toward the lake a bit to gain more patio space. The Commission said that they would like to see it remain in the same location. The Kerbles were agreeable to keeping the retaining wall at its present location. The Commission suggested planting native shrubs (Blueberry bushes) at both ends of the retaining wall to prevent erosion. The Commission asked about the public benefit for working in the 35-foot No Disturb Zone. Jeff Saunders cited a possible increase in flood storage. The Commission thought that there may be removal of invasive species (Buckthorns and Bittersweet) when the Kerbles landscaped their yard. The Commission questioned whether a lawn should be permitted within the 35’ buffer to the lake.
There was discussion regarding the removal of trees on the property. Frecha said that there seemed to be evidence that trees were affecting the retaining wall. Abutter Frederick Dusseault of 43 Hale Road spoke to say that he was in complete support of the project, but he was in favor of removing very large trees at the water's edge near his property due to the potential damage to his home by the very tall trees. The Commission discussed the problem with orphaning one or two trees. Eight trees will be removed and the trees along the water line will be kept, with the exception of one 36” Pine. All stumps shall remain in place with exception for those maintaining the wall.
The Commission required the use of silt fence. The Commission required the Kerbles to plant 6 New England species/native trees with a maximum height of 25 feet. The Kerbles agreed to continue the hearing to the Commission's October 7, 2014 meeting at which time Roy will appear with a specific planting plan for the Commission to review.
Serena Furman made a motion to continue the public hearing for Notice of Intent File No.299-0581 filed by Eric and Denise Kerble for demolition of a camp, construction of a new house, well and a retaining wall replacement at their property located at 41 Hale Road to the Commission’s October 7, 2014 meeting on or after 7:30 PM. Andy Snow seconded the motion and it was passed unanimously.
Notice of Intent (#299-580)
Crescent Street (U-10 #25A)
At 9:02 PM Andy Snow opened the public hearing for a Notice of Intent (NOI) filed by the Priscilla MacNaughton Trust for construction of a single-family dwelling and associated site work. Cortni Frecha, Andy Snow, Ingeborg Hegemann Clark and Kathy Sferra inspected the property.
Greg Roy of Ducharme & Dillis was present to represent the applicant, Ariel McNaughton. He explained that the wetland delineation had not yet been completed and that his client is aware that they will need to continue the hearing. He agreed to continue until the Commission's
October 7, 2014 meeting.
Serena Furman made a motion to continue the public hearing for Notice of Intent File No.299-0580 filed by the Priscilla MacNaughton Trust for construction of a single-family dwelling and associated site work on property located at Lot 2 Crescent Street to the Commission’s October 7, 2014 meeting on or after 7:30 PM. Jeff Saunders seconded the motion and it was passed unanimously.
Coordinator’s Report
Hemenway Farm
Sferra told the Commission that evidence of soil contamination was found at the site of the Hemenway Farm Development and all work has stopped while the owner evaluates the extent of the issue.
Pilot Grove 2 Update
Greg Roy reported on the replication area at the base of the project off Boxboro Road. He suggested amending the soil to achieve the correct hydrology. Grades will change and he suggested hummocks. He will discuss the next phase of the plan with the owners and come back to the Commission with a proposal at the October 7 meeting.
At 9:25 PM Cortni Frecha left the meeting.
Job Applicant Update
Kathy Sferra told the Commission that she is planning phone interviews with many of the applicants for the Conservation Commission Assistant position. She plans to then narrow the field and have Cortni Frecha assist with the in-person interviews.
Serena Furman recused herself at 9:32 PM.
Kunelius Forest Cutting Permit
Sferra told the Commission that Marilyn Kunelius had submitted a Forest Cutting Plan for selective harvest of the upland portions of her property. A buffer of 50 feet to the pond will be maintained. The filing of a FCP exempts the project from filing under the Wetlands Protection Act, and the Commission has ten business days to comment. There is a vernal pool within about 75 feet of the property line.
The Commission will write a letter to the DCR Service Forester pointing out the venal pool location and requesting that the state’s vernal pool BMPs be addressed.
Ingeborg Hegemann Clark made a motion to send a letter to the Service Forester noting the location of the vernal pool on the Kunelius property. Jeff Saunders seconded the motion and it was passed unanimously.
At 9:40 PM Serena Furman rejoined the meeting.
Maple Street Clearing
Sferra informed the Commission that she received a report that there was clearing occurring on Maple Street near the Bolton line and went on a brief site visit. The land owner is Alan DiPietro. There are extensive wetlands and a stream along the frontage, and the Commission has a long history with this land. Sferra sent DiPietro an email and awaits his response. Sferra informed Carol Gumbart of the Bolton Conservation Commission of the potential clearing.
323 Great Road
The Commission briefly discussed the two proposals drafted to Planning Board suggesting uses for property recently acquired by the Town at 323 Great Road. Sferra worked with Laura Greenough of Recreation Department and Bruce Fletcher on two separate plans to use the parcel for conservation and recreation. One of the proposals includes three units of affordable housing. The Commission decided that it should submit both plans.
Ingeborg Hegemann Clark made a motion to submit two proposal options as detailed in letter written by Kathy Sferra for land use at 323 Great Road to Planning Board. Sandra Grund seconded the motion and it was passed unanimously.
Open Space and Recreation Plan Subcommittee
Sandra Grund and Andy Snow both agreed to represent the Conservation Commission on the Open Space and Recreation Plan Subcommittee.
Ingeborg Hegemann Clark made a motion to appoint Bob Wilber from Open Space Committee, Eve Donahue from Stow Conservation Trust, John Sangermano from Recreation Commission and Sandra Grund and Andy Snow from the Conservation Commission to comprise the Open Space and Recreation Plan Subcommittee and these five individuals shall be appointed as special municipal employees. The term is three years or until the Plan is completed and approved by the Conservation Commission.
At 9:33 PM Ingeborg Hegemann Clark made a motion to go into Executive Session pursuant to MGL Chapter 39, section 23 B(3), for the purpose of discussing the purchase of real property and to adjourn thereafter. Andy Snow seconded the motion and it passed unanimously.
Roll Call Vote – 6:0 in favor. Jeff Saunders, aye, Serena Furman, aye, Andy Snow, aye, Sandra Grund, aye, Doug Morse, aye Ingeborg Hegemann Clark, aye.
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Respectfully submitted,
Maureen Trunfio
Stow Conservation Commission Secretary
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