Stow Conservation Commission
Minutes
March 18, 2014
A meeting of the Stow Conservation Commission was held at the Stow Town Building, 380 Great Road, Stow, Massachusetts, on March 18, 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
Absent: Doug Morse
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
Cortni Frecha made a motion to approve the Open Session minutes of March 4, 2014 as drafted and amended and the Executive Session minutes of the same date as drafted. Dave Coppes seconded the motion and it was passed unanimously.
Conservation Coordinator’s Report
Kathy Sferra told the Commission that she had just received the Lake Boon Annual Report for 2013 and asked if they would like her to invite members of the Lake Boon Commission (LBC) to attend an upcoming meeting to discuss the report. The Conservation Commission told her they would like to meet with the LBC.
Sferra told the Commission that she has received complaints about the amount of mud tracked onto West Acton Road from the Pilot Grove II work site. Sferra is going to meet with the Project Manager on site later this week. Cortni Frecha and Serena Furman said they could possibly join Sferra on the visit. The Commission reminded Sferra that they are anxious to see work begin on the replication area at the base of the site.
Sferra informed the Commission that she and Ingeborg Hegemann Clark visited Bob Collings regarding tree cutting around a pond on his property. He stated that he cleared both ends of the pond so that vehicles could get in to dredge the pond and also so that the fire vehicles can have access to the pond in the event of an emergency. Sferra spoke with the Fire Chief and he said that he did not need trees cut in order to access the pond. Collings was resistant to the idea of re-planting trees around the pond. She asked him to count the number of trees that were cut and to plan to bring a planting plan to the Commission with at least that many trees shown for replanting. She suggested he plant oaks and pines which is what was cut, unless his consultant has other recommendations.
Sferra informed the Commission of new filings that were coming in. The Commission would need to conduct a site visit to review the land regarding the ANRAD hearing this evening on White Pond Road. Cortni Frecha will take the lead on this site inspection. Ingeborg Hegemann Clark and Kathy Sferra (and possibly other members) will attend this site visit on Saturday, April 12, 2014. Andy Snow volunteered to schedule a site inspection for a proposed swimming pool on Edson Road. There is a previous Order for this project. Dave Coppes will take the lead on the project that proposes four homes and a septic to be built on Adams Drive. Most other members of the Commission expressed interest in joining Coppes. These inspections are dependent on the snow having melted.
Sferra organized new dates for Marble Hill boundary marking work. The work usually lasts from approximately 8 AM to Noon. Options were March 29th & 30th and the afternoon of April 5 and April 6. Dave Coppes, Cortni Frecha and Ingeborg Hegemann Clark volunteered for March 30th.
Andy Snow and Jeff Saunders volunteered to go out with Kathy Sferra on April 6.
Sferra told the Commission about an incident where 10-12 small trees were cut on Alan Tomer’s property at 35 Barton Road. There is no indication why someone had done this.
Kathy Sferra and Serena Furman will scout vernal pools this Friday, March 21, at Town Forest for upcoming work by the Stow Brownie Troop.
Abbreviated Notice of Resource Area Delineation (ANRAD)
White Pond Road (R-29 #61)
Goddard Consulting is requesting confirmation of wetland delineation at the site on White Pond Road. Goddard is working on behalf of Craig Nicholson of Nicholson Development, Inc. Nicholson was present at this meeting. A representative from Goddard Consulting was present at the meeting and addressed the Commission with regard to the delineation.
Abutters, Andy and Mary Mintz of 26 White Pond Road, spoke and mentioned a survey from 1990 that presented different findings regarding wetland lines. Ingeborg Hegemann Clark explained that the Commission will review the line in the field.
The Commission scheduled a site visit to the property at 10:30 on Saturday, April12, 2014. Sferra will contact Goddard several days prior to confirm the site walk and time. Nicholson agreed to continue the public hearing to April 15, 2014.
David Coppes made a motion to continue the public hearing for an Abbreviated Notice of Resource Area Delineation filed by Craig Nicholson of Nicholson Development, Inc. for the proposed activity of confirmation of wetland delineation lines located at White Pond Road
April 15, 2014 on or after 8:30 pm. Serena Furman seconded the motion and it was passed unanimously.
Certificate of Compliance Request-Partial (#299-0517)
38 Kirkland Drive (R-5 #11)
A request was made for a Certificate of Compliance for property located at 38 Kirkland Drive. The owner is selling the home and requires the Certificate of Compliance in order complete the sale by Thursday, March 20, 2014. The property belonging to Thomas Loughlin is one of five parcels involved in an Order of Conditions that was placed on the property on April 29, 2010 when professional aquatic herbicide and algaecide treatments were requested by neighboring homes that sat near a storm water basin in their area. The Commission agreed to issue a partial Certificate of Compliance. The remaining property owners have been notified.
Cortni Frecha made a motion to issue a partial Certificate of Compliance for property located at 38 Kirkland Drive Order of Conditions File No. 299-0517. Andy Snow seconded the motion and it was passed unanimously.
Possible Tree Cutting Violation
68 Pompositticut Road
Kathy Sferra told the Commission that she received a call from a neighbor, Andrea Harns, regarding tree cutting at a site that she was concerned might be within 100 feet of wetlands. Sferra researched the property and found no outstanding permits for the site. Sferra visited the site to meet with the builder that morning on March 17, 2014. When she arrived the police had received a call from another neighbor. Officer Goguen was on site. Sferra spoke with Mike Norton who was doing the tree work for the developer/builder, John Giordano. Sferra and the police called Giordano from the site and he immediately came and met with them on site. Giordano produced ANR plans that showed a delineated wetland line (unconfirmed by the Commission) and the 100-foot buffer line. Sferra found that the cutting that was being done was definitely
within the 100-foot buffer and explained the rules, including the 35-foot No Disturb Zone, to Giordano in the presence of Officer Goguen. He said he thought that he was allowed to cut, just not build in that zone.
Sferra mentioned that the area where the cutting was being done contained a lot of multiflora rose and bittersweet. Cortni Frecha mentioned concern that with the land open, invasives might encroach rapidly past the original area and into the wetland. Sferra told the Commission that a number of very large mature trees were cut. She asked Giordano to submit a copy of the plan, an explanation of what they wanted to do and to count the approximate number of trees that had been cut. Sferra took photos at the site all from Pompositticut Street.
The Commission came to conclusion that they would like to have Sferra write a letter instructing Giordano to stop all activities near the wetlands and inform him that he will have to file a Request for Determination. The Commission asked that she require that data sheets be submitted by whoever flagged the wetlands.
Cortni Frecha made a motion to require Kathy Sferra to write a letter instructing Giordano to stop all activities near the wetlands and inform him that he will have to file a Request for Determination. The Commission will also require that data sheets be submitted by whoever flagged the wetlands. Serena seconded the motion and it was passed unanimously.
Captain Sargent Conservation Land
Farm Licenses
Kathy Sferra told the Commission that she met with Lenny Rodriguez earlier in the day and discussed the changes that he has requested to be made to his cow shelter. He explained that when planning the structure, he did not account for hay storage. The original structure was proposed to be 16x8x6, but Rodriguez built it bigger at 24x11x8.
The Commission suggested that the license for all three farmers state that animal will only remain on the property seasonally. They discussed the possibility that chickens may be permitted over the winter. The Commission suggested that the date on page one be revised to read March 15th. Serena Furman expressed concern about harassing wildlife. The Commission discussed this and maintained the language as written.
Sferra has been working with Ernest Farms LLC (Ben Schlosser) and Jesse Steadman on their separate agreements. Both farmers conveyed to Sferra that they wish not to be held responsible for possible infractions by the other. There were a few other minor changes, such as the agreement to cooperate to facilitate public access as required in the license agreement. Following minor revisions, the revised licenses appeared acceptable to the Commission and they voted to approve all three licenses.
Cortni Frecha mentioned that she believed MGL 59 section 3a, cited in the license, had been repealed. Sferra will research that item.
Serena Furman made a motion to execute the three licenses for farmers Lenny Rodrigues, Ben Schlosser and Jesse Steadman, on property located at Captain Sargent Farm. Cortni Frecha seconded the motion and it was passed unanimously.
Work Session
Draft Amendments to Wetlands Protections Bylaw Regulations
The Commission discussed changes to the Bylaw Regulations relating to wetland replication performance standards. They approved draft language to be added to the working draft.
Adjournment
Dave Coppes made a motion to adjourn the meeting at 9:10 PM. Serena Furman seconded the motion and it was passed unanimously.
The Commission adjourned at 9:10 PM.
Respectfully submitted,
Maureen Trunfio
Stow Conservation Commission Secretary
| 
