Stow Conservation Commission
Minutes
November 18, 2014
A meeting of the Stow Conservation Commission was held at the Stow Town Building, 380 Great Road, Stow, Massachusetts, on November 18, 2014 at 7:30 in the evening.
There were present: Cortni Frecha, Chair
Andy Snow, Vice-Chair
Ingeborg Hegemann Clark
Serena Furman
Sandra Grund
Doug Morse
Jeff Saunders
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.
Lower Village Water – Update and Discussion with Planning Department Staff
Jesse-Nathan Steadman and Karen Kelleher of the Stow Planning Department were present to update the Commission on the Lower Village Water project. Kathy Sferra informed the Commission that she met with Steadman, Kelleher and the Lower Village business owners to discuss the next steps now that the legislation for the installation of wells on the Heritage Lane property was approved. Steadman presented maps to the Commission and discussed the water needs for Lower Village and the location of the proposed wells. The proposed location of the wells would be located in the northern portion of the Heritage Lane Open Space. Sferra noted that the area could be accessed from the parking lot behind Presti’s property requiring minimal tree removal. Steadman displayed plans that included the Zone 1 radii for four proposed wells. Calculations
for the water need of Lower Village indicate the need for approximately 10,000 gallons a day. Sferra noted that she is working with staff to draft lease agreements between the Town and the Lower Village business owners – and a draft is in the packet. Andy Snow asked about the location of the trail in relation to the well area and noted that the area is well traveled. Cortni Frecha noted that the Zone 1 does allow passive recreation which was confirmed by Kelleher. Ingeborg Hegemann Clark asked about the depth of the wells and Steadman explained that he inquired with a consultant about the expected depth for the wells and the consultant said they will likely be bedrock wells. Hegemann Clark asked about the potential Zone 2 influences to nearby residents which Steadman noted that the Interim Well Head Protection Area (IWPA) would likely be approximately 600 feet. Steadman noted that he spoke with Health Agent Jack Wallace regarding the number of septic systems in the area and
nitrogen loading calculations. The Commission discussed the pump testing and that the wetlands should be monitored for drawdown.
Request for Determination of Applicability
61 Walcott Street/R-1 #61
Andy Snow opened the public hearing for a Request for Determination of Applicability filed by Gabriel Shapira for repair of retaining walls and maintenance of an intermittent stream channel.
Gabriel Shapira was present. Shapira discussed the work he has completed to date including removing brush and stones from the stream and reconstruction of the stone wall. Shapira noted that the course of the stream has changed over the years due to debris causing the stream to undercut the wood retaining wall on his property. Shapira stated that he had begun digging into the stream bed to stop the flow of water under the wood retaining wall until he received a letter for the Commission to cease work and to file a Request for Determination.
Doug Morse arrived at 8:00 PM.
Andy discussed the findings from her site visit including the blocked culvert Shapira has cleared out and the discussions she had onsite with Shapira regarding grass clippings along the retaining wall and soil removed from the stream. Shapira confirmed he will remove the grass clippings. Ingeborg Hegemann Clark asked if Shapira had dug into the channel which Snow confirmed.
Snow informed Shapira during her site visit that altering an intermittent stream can alter the water levels on neighboring properties. Snow recommended not removing soil or filling the stream channel and to remove the grass clippings and not to continue piling them in the area. Kathy Sferra noted that Bill Howell came into the office today in support of Shapira and that he was not able to attend the meeting. Ingeborg Hegemann Clark inquired if Shapira or the Town owned the stone wall. Kathy will follow up with Highway Dept. Jeff Saunders asked when the wooden retaining wall was built and Shapira confirmed approximately 20 years ago.
Andy Snow made a motion to close the public hearing for a Request for Determination of Applicability filed by Gabriel Shapira. Ingeborg Hegemann Clark seconded the motion and it was passed unanimously.
Ingeborg Hegemann Clark made a motion to approve and issue for a Negative #3 Determination of Applicability for the project with conditions that work would be completed by hand, grass clippings and yard debris cannot be placed on the wall or in the stream, no digging can take place in the channel and that all work must be completed when the stream is dry. Andy Snow seconded the motion and it was passed unanimously.
Request to Approve Plan Revision (#299-0564)
38 Adams, Lot 1 (R-7 #4)
John Anderson displayed plans for Lot 1 and discussed additional tree cutting requested by potential buyers of the property. Kathy Sferra shared photos from the site visit she conducted with Anderson. Anderson explained that potential buyers of the property have inquired about removing an additional 12-15 trees adjacent to the area where the well was installed and within the 100’ buffer to expand the lawn area. Anderson noted that the 35’ no disturb buffer is marked by large boulders and no tree removal will occur in this area. Anderson also noted that the property had very little lawn area and potential buyers would like the option to plant additional lawn rather than installing a fence across the entrance to the well area. The Commission discussed the proposal to remove additional trees, plant lawn and not construct the
fence in the back of the property. The removal area was sketched on the plan. Sandra Grund noted to Anderson to try to keep the large trees in the area discussed for removal.
Andy Snow made a motion to approve redline plan revisions to the existing Order of Conditions for 38 Adams, Lot 1. Jeff Saunders seconded the motion and it was passed unanimously.
Request to Amend Order of Conditions – Lake Boon Association – Lake Boon Seasonal Drawdown (#299-0490)
Cortni Frecha opened the public hearing for a Request to Amend Order of Conditions filed by the Lake Boon Association for Lake Boon Seasonal Drawdown.
Theresa O’Riorden of the Lake Boon Association discussed revisions to the Order of Conditions for the Lake Boon seasonal drawdown. The Commission discussed the planned changes to modify the Order of Conditions to show that drawdown will not exceed 18” since beyond that the boards have been placed in concrete. Kathy Sferra informed the Commission about a point well on Lake Boon which failed last week. The cause is currently being investigated. Sferra noted that she spoke with Joe Bellino with MassDEP and that he is comfortable with the changes to the Order of Conditions and plans to issue a Superceding Order under the Wetland Protection Act. Sandra Grund asked why the Massachusetts Fish and Game will no longer be consulted regarding fishery impacts resulting from drawdown. O’Riorden commented that the 18”
drawdown will not adversely impact fisheries in Lake Boon. Ingeborg Hegemann Clark noted that the current language in the Order of Conditions does not include a statement that the $10,000 funds must remain in place. The Commission discussed amending the revised draft Order of Conditions to include a statement that the Lake Boon Association $10,000 fund must remain in place throughout and until the end of the drawdown.
Ingeborg Hegemann Clark made a motion to approve revisions to the existing Order of Conditions for Lake Boon Seasonal Drawdown. Sandra Grund seconded the motion and it was passed unanimously.
Notice of Intent (#299-0586)
Town of Stow - Pompositticut School – 511 Great Road (R-9 #92)
Andy Snow opened the public hearing for a Notice of Intent (NOI) filed by the Town of Stow for Fire Station and Community Center, well, septic and related site work. Jim DeVellis of Devellis Zrein, Inc., Greg Roy of Ducharme & Dillis and Kaffee Kang of Kang Associates, Inc. were present as representatives for the Town of Stow.
Serena Furman arrived at 8:40 PM.
DeVellis came before the Commission with plans for the reuse of the Pompositticut School and informed the Commission that the site includes a bordered vegetated wetland and Estimated Habitat of Wetland rare species (Eastern Box turtle). DeVellis displayed plans including a survey plan showing an area of development of approximately 4 acres, wetlands to the north, west and east and location of the proposed well.
DeVellis noted that access to the rear of the site during construction will require a crushed stone tracking pad and described the plan for haybale and silt fence locations as well as silt sacks located in existing catch basins. DeVellis described the planned use for the building as a fire station at the rear of the building and community center with parking areas to the south and east. No trees are planned to be removed as part of this project.
The well will be relocated by the playing field and new tanks for septic and a grease trap will be installed. DeVellis noted that the current building is within the 100’ buffer and some of the parking area will be within the 35’ buffer. The Commission requested that the 35’ no disturb buffer area be shown on the plans as well as an analysis be done of the existing pervious and impervious surfaces in comparison to the proposed plan. The Commission also discussed the modular classrooms located at the site which Kang noted one had been removed to date and the second is planned to be removed. Serena Furman asked if the removal of the modular buildings as well as the playground is within the 35’ no disturb buffer which DeVellis confirmed they are not.
DeVellis discussed the drainage system for the site including roof run off collection, new catch basins, an oil water separator, dry wells and rain garden. The stormwater management plan meets DEP’s stormwater management standards for new development, even though it is considered redevelopment. DeVellis discussed plans for sweeping and clearing of catch basins included in the operation and maintenance plans provided. He noted that the application for septic system was filed with the Board of Health and they are also scheduled to meet with the Planning Board in December.
Roy discussed with the Commission the current public water supply well which does not meet the requirements for the new facility. It must be replaced because the Zone 1 radius for the current well of the property is not completely within the property boundary and there are impervious areas within the current Zone 1, neither of which are allowed by MassDEP. The new well is proposed to be installed 43’ from the edge of wetland. The well will be installed in bedrock with no connection to surface water expected. A trench will be excavated with erosion controls to ensure debris and rock does not enter the wetland during installation. A 48 hour pump test will be conducted and water from the pump test will be discharged outside the Zone 1 radius approximately 250’ away into a temporary sedimentation basin on the northerly side of the
field. A 2” diameter line and electrical conduit will be installed in the same trench to the building.
The Commission discussed the entrance to the Fire Station in proximity to the wetland, drainage to the wetland, and snow removal with DeVellis. The Commission asked about the access to Marble Hill and parking which Kang noted the parking area for the food pantry and any future tenant space can be shared with Marble Hill visitors and the entrance to Marble Hill will not be blocked. The fence was discussed which Kang noted was for safety reasons for the Fire Station. Serena Furman inquired about the construction of the fence and if it would allow for animal passage and DeVellis noted will be black chain link. The Commission also discussed drainage from the Fire Station. Floor drains will connect to a tank inside the Fire Station and one outside washing bay will have an oil water/sand separator. Ingeborg Hegemann Clark discussed her concerns
regarding the drainage calculations with DeVellis and recommended to the Commission that the Planning Board’s consulting engineer should review the drainage calculations. The Commission discussed snow storage. Hegemann Clark noted it should not be placed in the rain garden. Sferra asked who maintains the rain garden and DeVellis recommended getting the garden club involved and that there is a budget for maintenance in the operation and maintenance plan. Furman asked about the restoration of the well area which Roy noted would be replaced back to existing conditions with lawn.
DeVellis asked the Commission the preference for straw wattles or haybales. The Commission recommended using bales for more steep areas and wattles in more level areas.
Andy Snow made a motion to continue the public hearing for a Notice of Intent filed by the Town of Stow to December 16, 2014 on or after 7:30 PM. Serena Furman seconded the motion and it was passed unanimously.
Notice of Intent Continuation
MacNaughton Trust – Lot 2 Crescent Street – 511 Great Road (U-10 #25A)
No testimony was taken. The applicant has requested a continuation to December 16, 2014.
Ingeborg Hegemann Clark made a motion to continue the public hearing for a Notice of Intent filed by MacNaughton Trust to December 16, 2014 on or after 7:30 PM. Doug Morse seconded the motion and it was passed unanimously.
Request for Certificate of Compliance – Quirk Estate
Kathy Sferra informed the Commission that most but not all of the trash had been removed from Area 2 at her last site visit. Andy Snow said that she felt that the Executor had been working in good faith and that the COC should be issued.
Andy Snow made a motion to issue a Certificate of Compliance. Doug Morse seconded the motion and it was passed unanimously.
Dan Wells of Goddard Consulting requested that the enforcement order be lifted. Sferra informed the Commission that there is not a place on the form for the Certificate of Compliance to lift enforcement orders.
Ingeborg Hegemann Clark made a motion that the terms of the enforcement order were met. Andy Snow seconded the motion and it was passed unanimously.
Collings – Pond Plantings
Sferra informed the Commission that Bob Collings contacted her regarding the viability of tree planting at this time of the year and Sferra confirmed it was still viable to plant. After discussing the planting with Collings he contacted Sferra again informing her that he could not find white oaks and only could find red oaks. Sferra consulted with Frecha and Morse and approved the use of only red oaks. Collings then contacted Sferra asking to postpone the planting due to lack of healthy nursery stock and the nursery would not guarantee the trees at this point in the season. The Commission discussed postponing the plantings.
Doug Morse made a motion to approve an extension to planting trees to May 1, 2015. Sandra Grund seconded the motion and it was passed unanimously.
Approve Minutes
Serena Furman made a motion to approve the minutes of November 3, 2014 as drafted and amended. Ingeborg Hegemann Clark seconded the motion and it was passed unanimously.
Coordinator’s Report
Maple Street Violation – 200 Maple Street - Sferra updated the Commission on her site visit with Albertelli, Cortni Frecha, Ingeborg Hegemann Clark and Jacquie Goring. Hegemann Clark flagged the wetland during the site visit. Albertelli reached out to Sferra after the site visit reiterating that he would like to put in a lawn but nothing beyond the flagged area. The Commission discussed the request and determined that Albertelli should file a Request for Determination.
Stow Acres –Sferra updated the commission about the new bridge which has been built. Sferra spoke with Stow Acres and they felt they did not have to file for a permit with the Commission. Sferra plans to conduct a site visit to approve the bridge as a minor project. Andy Snow noted that the old bridge is still there and that Sferra should discuss with them how to remove it.
Stow Conservation Trust – Sferra informed the commission that Ingeborg Hegemann Clark was honored at SCT dinner as the Conservationist of the Year Award. Sferra did a presentation at the dinner on the history of Town Forest.
Hale Road Pond – The Commission discussed the request by Kent Seith of Hale Road to put a board across the canal opening of the Hale Road Pond to prevent leaves and pine needles from entering. The Commission agreed to allow Seith to place a net across the canal opening.
Captain Sargent – Sferra informed the Commission about ongoing discussions with a neighboring landowner about a possible acquisition.
Rising Gift/Town Forest Access Point – Sferra informed the Commission that the Risings are donating a parcel of their land to Stow Conservation Trust. The Commission already holds a conservation restriction on this land. SCT has approached the Commission regarding putting a parking lot at the end of Treaty Elm and making a trail connection to Town Forest. Bruce Trefry and Sferra have concerns about creating another entrance to Town Forest. Sferra informed the Commission of the site visit planned for November 26, 2014 to discuss the parking lot and trail connection.
Sudbury Valley Trustees – Sferra informed the Commission about the Proposal being submitted to Sudbury Valley Trustees MassLIFT/AmeriCorps for technical assistance on the Open Space and Recreation Plan.
Zoning Board Request for Comment – 41 Hale
The Commission reviewed the differences between the proposed plan and the approved plan. Sferra will send a letter to the ZBA noting that the Kerbles will need to return to the Conservation Commission with a revised plan.
Adjournment
Ingeborg Hegemann Clark made a motion to adjourn the meeting at 10:24 PM. Sandra Grund seconded the motion and it was passed unanimously.
The Commission adjourned at 10:24 PM.
Respectfully submitted,
Jacquelyn Goring
Conservation Assistant
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