Stow Conservation Commission
Minutes
October 7, 2014
A meeting of the Stow Conservation Commission was held at the Stow Town Building, 380 Great Road, Stow, Massachusetts, on October 7, 2014 at 7:30 in the evening.
There were present: Cortni Frecha, Chair
Andy Snow, Vice-Chair
Serena Furman
Sandra Grund
Ingeborg Hegemann Clark
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
Serena Furman made a motion to approve the minutes of September 2, 2014 as drafted and amended. Andy Snow seconded the motion and it was passed unanimously.
Coordinator’s Report
The Office received reports of homeowners, Gabriel and Frieda Shapira, performing retaining wall work and digging in a stream bed on their property at 61 Walcott Street. The Commission suggested that Sferra compose a letter to the homeowners and copy DEP. Andy Snow volunteered to deliver the letter.
Sferra told the Commission that she received a call from Robert Collings reporting that neighbors at 222 Barton Road were taking down trees. She will follow up.
The Commission agreed to hold its first November meeting on Monday, November 3 instead of November 4, which is Election Day.
Sferra told the Commission that she is working with the Bolton Conservation Administrator regarding a violation involving tree cutting on property on Maple Street. The owner, Alan DiPietro, was belligerent and a Notice of Violation Letter was sent by certified mail and hand-delivered. The letter requires that DiPietro inform the Commission by October 1, 2014 of his restoration plans and discuss filing an NOI. With no reponse from DiPietro, the Commission voted to issue an Enforcement Order. The Order will be sent certified or delivered by the Stow Police.
Andy Snow made a motion to issue an Enforcement Order to Alan DePietro for illegal tree cutting in resource areas for property located on Maple Street. Ingeborg Hegemann Clark seconded the motion and it was passed unanimously.
Interview – Conservation Assistant Position
Jacquie Goring, applicant for the Conservation Assistant position, was present and introduced herself to the Commission and discussed her interest in the position and her background.
Lot K-1 Randall Road (#299-0515)
On September 10, 2014 Charles Caron walked the site with representatives of the Commission, the applicant and the contractor. The Commission suggested saving as many trees as possible on site. Caron felt that many roots would be disturbed and the trees would not survive. Instead he suggested saving these specific trees: a 22” red oak, a 4” black birch and two 6” red maples. Additionally, he said that he will attempt to transplant smaller saplings that are growing in the replication area and along the driveway route. The Commission felt that it might be worth attempting to save additional trees and to work gently around roots with an excavator with rubber tires or to require him to do the work by hand so that the roots wouldn’t be damaged. The Commission decided to do a site visit and table the issue until the next
meeting.
Notice of Intent Continuation
41 Hale Road
At 7:52 Cortni Frecha reopened the NOI hearing for the project at 41 Hale Road. Greg Roy of Ducharme & Dillis was present as well as homebuyers Denise and Eric Kerble. They discussed the plantings at the corners of the upper retaining wall to prevent washout. Blueberry bushes were suggested. There was a question raised as to what would occur in the area between the upper retaining wall and the shoreline. Roy stated that grass was planned. Dawes Road resident Don Hawkes was present and explained the problem with fertilizer runoff and nutrient loading when lawns are established at the lake’s edge. The Kerbles agreed not to fertilize the lawn. Instead of grass, the Commission suggested a pathway down to the lake with a wildflower meadow mix planting on both sides of the pathway.
The 35-foot undisturbed buffer area public benefit waiver requirement is being fulfilled with the removal of invasive species. It was mentioned that there will be natural recapture of runoff.
Jeff Saunders suggested enhancing the proposed erosion controls and Roy agreed to do so. Silt fence and straw wattles were discussed. Sonotubes would be used in construction of the second-floor deck. The final house plan had not been completed at the time of this meeting, but the Commission insisted that the house be no closer to the water than is currently shown on plans. The Commission confirmed that there would not be any additional work required in the near future such as deck additions, additional patios proposed, requests to install an outdoor shower, etc. The Kerbles agreed that what was proposed in this NOI was the extent of the work that would be done on the property but that if any changes resulted from further permitting they would return with a revised plan.
Ingeborg Hegemann Clark made a motion to close the hearing for a Notice of Intent for 41 Hale Road. Sandra Grund seconded the motion and it was passed unanimously.
Pilot Grove Phase 2 Replication
The Commission met with Greg Roy to review the failed replication at Pilot Grove 2. Greg Roy spoke to the Commission regarding proposed replication work. Roy stated that the replication area is very wet and he would need to “get the hydrology correct for the plants that are there.” They are proposing to hand dig a swale and replant on hummocks. He said that ultimately the water will drain to a catch basin and that the banks had established vegetation. The Commission stressed the importance of stabilizing the side slopes of the embankment. Roy said that he will come back to the Commission with a revised plan for their review.
Notice of Intent Continuation
Lot 2 Crescent Street
At 8:10 Cortni Frecha reopened the public hearing for an NOI associated with the construction of a new four-bedroom home, driveway, septic, well and site work at Lot 2 Crescent Street.
Greg Roy presented the plan and noted that the house has been located as far to the west and north and possible. He explained the compensatory flood storage proposal. There are a number of steps in the permitting including Board of Health and zoning issues to resolve. He noted that the Commission had done a site visit to look at the wetland delineation and presented a report from their soil scientist, explaining why he believes that the Commission is seeing evidence of hydric soils outside of the wetland areas that have been flagged. Cortni asked if the retaining wall could be reduced in size, and Kathy noted that there might be less impact with a three bedroom house and septic.
After discussion, the Commission agreed that they would like to hire a soil scientist to review the delineation at the applicant’s expense. Kathy Sferra will follow up and get estimates and send a quote to Greg Roy.
Serena Furman made a motion to continue the public hearing relating to work at Lot 2 Crescent Street to the Commission’s next meeting on November 18, 2014 at 7:30 PM or later. Sandra Grund seconded the motion and it was passed unanimously.
Notice of Intent Continuation
220 Barton Road
At 8:45 PM Cortni Frecha reopened the NOI for removal and reconstruction of retaining walls, site grading and landscaping at the Shultz residence at 220 Barton Road. Steve Poole of Lakeview Engineering was present and explained the project to the Commission.
The applicant is proposing to remove existing pressure treated wood and stone walls, grade the site to create a flat play area near the lake where there is currently slope (by lowering it approximately 5 feet in elevation) and construct a new stone retaining wall. They would like permission to reconstruct a dock. Access to the project will be via 222 Barton Road. All work would be in the 100-foot buffer zone.
A waiver of the 35-foot NDZ has been requested, stating that invasives such as bittersweet will be removed and native ground cover will be planted to meet the public benefit requirement. There was also the feeling that fixing the wall at the lake might qualify as public benefit.
Doug Morse, Sandra Grund and Andy Snow conducted the site inspection for this project. The Commission was concerned with the extent of the grading change proposed along the lake. Poole said he would speak with the owners about modifying their proposal.
Andy Snow made a motion to continue the hearing to the Commission’s October 21, 2104 meeting on or after 7:30 PM. Doug Morse seconded the motion and it was passed unanimously.
Notice of Intent - 10 Ministers Way
At 8:25 PM Cortni Frecha opened the public hearing for a Notice of Intent filed by Tracy Astapoveh of 10 Minister’s Way for the construction of an in ground swimming pool, concrete deck and fence in the buffer zone at the edge of the 35-foot undisturbed buffer area. Several large trees are proposed to be removed as well as an existing fence in order to accommodate a cement truck. Ingeborg Hegemann Clark reviewed the wetland line as flagged by the applicant’s consultant, on a site visit with Sferra, Snow and Frecha. One flag was moved one foot toward the yard. Dan Wells of Goddard Consulting was present. The Commission was concerned because the trees that were proposed for removal were on the edge of a slope. Due to the location of the septic on the other side of the house, the trucks need to access the rear yard on the left side
of the house.
The rationale for removal of trees was to allow access of cement truck and other equipment. It was thought that limbs could be removed but whole trees need not be removed. The current fenced garden would be allowed to revegetate naturally. The Commission will require the relocation of erosion controls to the fence line after the pool has been completed. Erosion control shall consist of hay bales and silt fence. There was concern with water being drained from the pool and it was stated that this pool design by McCarthy Pools would be a salt water design and water would remain in the pool during the winter months. The Commission agreed to allow removal of two trees, one of which is dying, but to require a site visit if any further trees need to be removed. The Coordinator will be available to consult on site if needed.
Andy Snow made a motion to close the public hearing for a NOI for work associated with an in ground swimming pool at 10 Ministers Way. Sandra Grund seconded the motion and it was passed unanimously.
Interview – Conservation Assistant Position
Margaret Nestor, applicant for the Conservation Assistant position, was present and introduced herself to the Commission and discussed her interest in the position and background. After Margaret’s departure, the Commission discussed the two applicants and agreed to offer the position to Jacquelyn Goring.
Crow Island - Discussion
Planning Board is seeking input from the Commission regarding an ultralight hangar proposed to be built on Crow Island. The proposed location would be more than 100 feet from the wetlands, so the Commission would not have jurisdiction. The Commission was somewhat concerned with potential damage to the causeway from construction equipment frequently crossing during the construction process, if approved. It was suggested that the hangar be painted dark green to best blend with surroundings.
Adjournment
At 10:35 PM Ingeborg Hegemann Clark made a motion to adjourn. Andy Snow seconded the motion and it was passed unanimously.
Respectfully submitted,
Maureen Trunfio
Stow Conservation Commission Secretary
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