Stow Conservation Commission
Minutes
February 4, 2014
A meeting of the Stow Conservation Commission was held at the Stow Town Building, 380 Great Road, Stow, Massachusetts, on February 4, 2014 at 7:30 in the evening.
There were present: Ingeborg Hegemann Clark, Chair
David Coppes, Vice-Chair
Cortni Frecha
Serena Furman
Doug Morse
Andy Snow
Sandra Grund, Associate Member
Absent: Jeff Saunders
Kathy Sferra, Conservation Coordinator
comprising a quorum of the Commission
Also present: 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 minutes of January 7, 2014 as drafted and amended. Serena Furman seconded the motion and it was passed unanimously.
Approve Baseline Documentation Vendor
Kathy Sferra was not present at this meeting but left information regarding a Request for Proposal (RFP) that was issued in 2013 looking for vendors who could provide baseline documentation for several conservation restrictions. She explained that the Office received two responses; the third contractor declined to bid for staffing reasons. It is required that the Commission selects the lowest qualified bid. The low bid was $15K from Land Stewardship, Inc. Sferra left information stating that she is quite familiar with their work and that they are also preparing the management plan for Hemenway Farm pro bono. She mentioned that if the Commission decides to vote to authorize execution of the contract with LSI tonight, the landowners would be contacted in mid-February to schedule the work. The Commission agreed that LSI would be the
appropriate choice of vendors.
Cornti Frecha made a motion to authorize execution of a contract with Land Stewardship, Inc. for work associated with baseline documentation of conservation properties as detailed in the Request for Proposal dated December 4, 2013. David Coppes seconded the motion and it was passed unanimously.
Annual Report
The Board of Selectmen has requested that all departments submit an annual report to be included in the Town's Annual Report by February 14, 2014. Sferra requested that the Commission review her draft and note any additional edits or additions. She will finalize and submit the report when she returns to the office next week.
Andy Snow made a motion to approve the Annual Report of the Conservation Commission as drafted by Kathy Sferra, Conservation Coordinator. Serena Furman seconded the motion and it was passed unanimously.
Community Garden Updates
On January 8, 2013 Maureen Trunfio and Kathy Sferra met with Joyce Bunce, Garden Steward, and Deb Stein, Gardener, to discuss and review recommendations for the Community Gardens on Tuttle Lane. It was determined that several changes would be made to the current operating procedures at the Gardens.
Sferra left information for the Commission that explained that the application form and "rules" for the gardens have been revised to address several issues such as noting that plots that have not been planted by June 1 will be reassigned and noting that permanent structures are not permitted in the gardens, amongst other changes. She also asked that the Commission raise plot fees by $5 per plot. She noted that even with this increase, Stow plots are still less expensive and larger than those in surrounding towns.
David Coppes made a motion to accept the revised application form and rules for the Community Gardens as well as agreeing to raise the fee for all plots by $5. Cortni Frecha seconded the motion and it was passed unanimously.
Deb Stein will be assisting Joyce Bunce at the Community Gardens in 2014. Sferra asked that the Commission vote to re-appoint Joyce Bunce as an Associate Member of the Commission and to appoint Deb Stein as an Associate Member of the Commission.
David Coppes made a motion to re-appoint Joyce Bunce as an Associate Member of the Commission and to appoint Deb Stein as an Associate Member of the Commission. Doug Morse seconded the motion and it was passed unanimously.
Marie Patrice Masse is planning to present a lecture on Saving Seeds, tentatively scheduled for April 6, 2014. Sferra left instructions requesting that the Commission vote to co-sponsor this event.
Cortni Frecha made a motion to name the Conservation Commission as a co-sponsor, along with the Stow Garden Club, of a free seed-saving lecture to be presented in April of 2014. Andy Snow seconded the motion and it was passed unanimously.
Sferra informed the Commission that the Highway Department has installed temporary "Road Closed" signs on the access road to the Community Gardens so that people do not drive on it during periods of thaw. She has also asked the Highway Department to install stone in heavily rutted sections before gardening season commences.
Notice of Intent (#299-0562)
27-29 Hale Road (U-5 #13A)
At 7:45 PM Ingeborg Hegemann Clark opened the public hearing for a Notice of Intent (NOI) filed by Kevin and Jennifer Cunningham for the proposed activity of building an addition to a single family dwelling. Cortni Frecha and Sandra Grund reviewed the Notice of Intent and conducted the site inspection on behalf of the Commission.
An addition to the single family house with Lake Boon on both sides of the lot is proposed. The only work in the 35-foot buffer zone is the construction of a driveway stormwater infiltration trench to help reduce runoff.
Scott Hayes of FORESITE Engineering and Kevin Cunningham, homeowner, were present at this meeting to explain the proposed project to the Commission. Hayes showed photos and plans and told the Commission that there is a natural steep slope on the site that is well vegetated with mature pine trees. Hayes stated that there is no evidence of erosion on the slope at the present time and Frecha and Grund agreed. The applicant would like to raze a carport that exists on the property and build a garage. The driveway where the garage would stand is presently paved. There would be an increase of 30 square feet of impervious area. There was runoff from one corner of the driveway that was discussed and Hayes believes that an infiltration trench that is proposed with this project will reduce runoff in that area. The Commission agreed. The
Commission reminded the applicant that the large number of pine needles in the area could clog the trench and that he would need to consider that as a maintenance issue. The Commission had no further questions and voted to close the hearing.
David Coppes made a motion to close the public hearing for a Notice of Intent File No. 299-0562 filed by Kevin and Jennifer Cunningham for the proposed activity of building an addition to an existing dwelling at 27-29 Hale Road. Cortni Frecha seconded the motion and it was passed unanimously.
David Coppes made a motion to approve and issue the Order of Conditions File No. 299-0562 filed by Kevin and Jennifer Cunningham for the proposed activity of building an addition to an existing dwelling at 27-29 Hale Road as drafted and amended. Doug Morse seconded the motion and it was passed unanimously.
After the hearing closed, Cunningham mentioned to the Commission that there are four very large trees near the house that cause concern. He fears that during a wind storm they could "shear off" and go through the roof of the house into his daughter's bedroom. The Commission understood and told Cunningham to contact Kathy Sferra when she has returned to the office on or after February 11, 2014 to discuss whether this could be handled as a minor project.
Certificate of Compliance (#299-558)
170 Hudson Road (R-11 #7)
The original Order of Conditions resulted from a septic replacement in the 35-foot buffer zone. Kathy Sferra and Andy Snow had conducted the site inspection. Snow presented photos at this meeting and told the Commission that the downspout that caused some concern had not been improved upon, but the grass appeared to have been established. She mentioned that she noticed cut logs stacked in the woods. She noticed a stump that was left that had been allowed to remain in the wetland. She did not think it should be considered a problem and Sandra Grund mentioned that it might be best to leave the logs as wildlife habitat. Snow recommended that the Commission agree to issue the Certificate of Compliance.
Cortni Frecha made a motion to issue the Certificate of Compliance for work satisfactorily completed associated with OOC #299-0558 at 170 Hudson Road. Andy Snow seconded the motion and it was passed unanimously.
Enforcement Issue
Bob Collings Fire Pond (#299-0459)
Barton Road (R-25 #16 & U-2 #55)
It was noted that Bob Collings had cleared trees around the proposed fire pond, despite denying the need to do so at a previous meeting held on December 3, 2013. This clearing does not seem consistent with the plan that was submitted. The Commission looked at plans and photos of the cutting and determined that Kathy Sferra should send a letter indicating that he will need to be prepared to plant the cleared
areas at both ends of the pond once the dredging work has been completed and that the letter should request a plan for the same. The letter should include language that states, "No grubbing or stumping until a plan has been approved by the Conservation Commission."
Dave Coppes made a motion to authorize Kathy Sferra to write and send a letter to Bob Collings of Barton Road stating that he has cleared trees in an area that he was not permitted to and that this clearing is not consistent with plans submitted to the Commission. The letter will also include the items above. Cortni Frecha seconded the motion and it was passed unanimously.
Captain Sargent Request for Proposals (RFP) Update
Farming Proposals from Ben and Sofia Schlosser and Jesse Steadman
Sferra had briefed the Commission and reported that two proposals for available farm land on the Captain Sargent conservation parcel were received in response to the RFP. The proposal from Jesse Steadman puts forth a plan to operate a cut-your-own Christmas tree farm. The other proposal from Ben Schlosser of Earnest Farms proposes grazing animals on the farm property. Both farmers were present at the meeting and informed the Commission that they had met before the present meeting to discuss sharing the parcel of land and believed it would be possible if the Commission agreed to the concept.
Schlosser proposed two plans. One proposed to graze pigs and meat birds on the property and the second proposed grazing layer chickens, dairy goats and sheep. He explained that he would require 10 square feet per animal and that he would move the pens daily for the health of the animals and the land. Schlosser said that he would be visiting the property twice a day. Steadman was not certain whether pigs would cause problems, but was in favor of chickens, goats and sheep which he thought might keep insects and pests off the trees he would plant.
Schlosser said animals would be contained in movable, solar electric fences. The Commission was concerned that dogs and children might not understand that these fences were electric. It was suggested that signs be posted. When asked about access, Schlosser said that he would prefer to access the property via South Acton Road. When asked about water, Schlosser said that he would have a large water tank on the back of his truck. Steadman mentioned the same type of water tank, but told the Commission that the trees would only require water the first year. Lenny Rodriguez, another tenant farmer on the town’s Tuttle Lane property, was present and mentioned that if the Commission would allow them to dig a well, he would pay for it. The Commission said they would consider that. When asked about mowing the property, Schlosser said that
the sheep and goats will keep grasses down and Steadman offered to mow where needed. Coppes mentioned that when sheep graze it eventually results in certain unwanted plants (that the sheep will not eat) vegetating the area.
When asked what concerned them most, Schlosser answered that he thought that his animals might be spooked by dogs, although he said that his animals were raised with dogs. Visitors will still be able to walk the conservation land while it is being farmed, but will be asked not to approach or feed the animals. Steadman, who had made a detailed presentation to the Commission regarding his plans on October 1, 2013, said that his only concern was the possible need for electricity if he is legally able to eventually sell trees from the site. He is researching regulatory issues and town zoning laws regarding the ability to sell trees from the site. Steadman also mentioned that in some cases, the Commission members will have changed seven years from now, he would like all details of the project well documented in the license agreement. Jesse
Steadman mentioned a rolling license agreement. Both applicants agreed to provide the Commission with annual reports regarding the property and their projects. Schlosser said he would prefer two-year license agreement to a one-year license. Steadman found a one-year license acceptable, but reminded the Commission that it would take a minimum of seven years to see a return on investment with his project. The farmers were hoping to have a determination from the Commission by March so that they will be able to plan accordingly.
Stow resident, Bill Byron, was present and voiced concern about the license being terminated and the town being left with a wooded lot instead of farmland. The Commission recognized his concern and told Byron that this had been heard before and that it would be addressed in the agreement.
Quirk Enforcement
Athens Lane
Bruce Ringwald of GPR had requested a chronology for the site and Sferra completed this task. Follow up by the Commission is needed with regard to the 2009 EO and 2010 Order of Conditions. There was a deadline of July 15, 2011 issued to Quirk. It was decided that a group of Commissioners should visit the site and in the interim, Sferra should send a letter to the owner of the property stating that action is required to restore the land as previously detailed.
The Commission voted to authorize Kathy Sferra to issue a letter to Mr. Quirk or his estate, stating that the Commission will be conducting a site visit and that the owner(s) should be prepared to resume restoration of the property as previously instructed in detail by the Commission.
Serena Furman made a motion to authorize Kathy Sferra to issue a letter to Mr. Quirk or his estate, stating that the Commission will be conducting a site visit and that the owner(s) should be prepared to resume restoration of the property as previously instructed in detail by the Commission. Cortni Frecha seconded the motion and it was passed unanimously.
MACC Conference
Andy Snow reported that she had registered and will attend the upcoming Spring MACC Conference. Ingeborg Hegemann Clark and Kathy Sferra will be attending as speakers.
Andy Snow recused herself from the meeting.
Determination of Notice of Intent (#299-0559)
33 & 45 Walcott Street (R-1 #64A&63)
Hemenway Farm Subdivision
The Commission worked to finalize conditions for the Order of Conditions (OOC) for Mark White of Bentley Builders for the proposed activity of removal of a dwelling and construction of a roadway and associated drainage infrastructure. The Public Hearing regarding this project was closed on January 7, 2014. Builder Mark White was present at this meeting and stated that he is prepared to begin work as soon as possible. The Commission finalized the OOC and reminded White that he cannot begin work within the Commission’s jurusdiction until after ten-day appeal period has closed.
David Coppes made a motion to approve and issue the Order of Conditions File No. 299-0559 for the proposed activity of removal of a dwelling and construction of a roadway
and associated drainage infrastructure. Cortni Frecha seconded the motion and it was passed. Andy Snow abstained.
Adjournment
David Coppes made a motion to adjourn the meeting at 9:35 PM. Doug Morse seconded the motion and it was passed unanimously.
The Commission adjourned at 9:35 PM.
Respectfully submitted,
Maureen Trunfio
Stow Conservation Commission Secretary
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