Stow Conservation Commission
Minutes
June 3, 2014
A meeting of the Stow Conservation Commission was held at the Stow Town Building, 380 Great Road, Stow, Massachusetts, on June 3, 2014 at 7:30 in the evening.
There were present: Ingeborg Hegemann Clark
David Coppes
Cortni Frecha
Serena Furman
Doug Morse (arrived at 7:50 PM)
Andy Snow
Sandra Grund, Associate Member
Absent: 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
Dave Coppes made a motion to approve the minutes of May 20, 2014 as drafted and amended. Cortni Frecha seconded the motion and it was passed unanimously.
Continuation of Notice of Intent (#299-0572)
68 Pompositticut Street (R-30 #76-6A&7A)
The Office received an email from Steve Poole of Lakeview Engineering who is representing Giordano of Top Flight Custom Homes requesting that the hearing be continued. It will be continued until July 1, 2014 on or after 7:30 PM.
Certificate of Compliance Request (#299-0548)
93 Delaney Street (R-4 #27 & 28-1)
Eric Aubrey of Gehrlicher Solar America Corp. contacted the office requesting a Certificate of Compliance for property located at 93 Delaney Street. Kathy Sferra and Serena Furman submitted photos from a site visit on May 28, 2014. The Commission was concerned with one area at the rear of the property that was meant to function as a meadow. Photos showed that grass had not fully established in the area. Due to the fact that the bank requires a Certificate of Compliance to close the sale of the property, the Commission agreed to issue a Partial Certificate of Compliance.
David Coppes made a motion to issue a Partial Certificate Of Compliance for work satisfactorily completed at 93 Delaney Street with the exception of the creation of a meadow as specified in the original Order of Condition #299-0548. Cortni Frecha seconded the motion and it was passed unanimously.
Coordinator’s Report
Pilot Grove II - Kathy Sferra announced that she would be scheduling a site visit with the developer at Pilot Grove II next week and invited Commission members to join her. Sandra Grund said that she would attend. Sferra added that she recently spoke with the Project Superintendent, Mitch Finn when she received a report that silt piled at the bottom of the hill after a recent rain event. The Commission asked that Sferra remind Finn that the replication area needs to be completed and that they should seed the embankment around the replication area as soon as possible.
Minute Man Air Field – Sferra received a call requesting that the Commission inspect hay bales at Minute Man Air Field for work relating to Phase 1 runway repaving.
Assignments: Cortni Frecha will conduct a site inspection in reference to a proposed tree-removal project at 27-29 Hale Road. Andy Snow and Doug Morse will conduct site inspections for a proposed deck project at 128 Barton Road and a proposed project at 164 Barton Road. Kathy Sferra received a report that residents at 35 Hale Road have been dumping piles of pine needles and leaves into Lake Boon. The abutter gave permission to the Commission to access the site via his property. Serena Furman will inspect the site. Sferra reported that Bob Collings will be coming to the Commission with a plan for a building project. Sferra told the Commission that only a small portion of the project was within the Commission’s jurisdiction.
ZBA Variance Dunster Drive – Sferra told the Commission that the ZBA rejected a request by an owner on Dunster Drive to place a shed within 2 feet of the property line. His property abuts Derby Woods Conservation Land. Sferra said that she would go out on site with the property owner and suggest locations for the shed before he files again with the ZBA.
323 Great Road - Sferra told the Commission that the closing for the purchase of the property at 323 Great Road by the Town is scheduled for tomorrow, June 4, 2014.
61 Hiley Brook Road – Sferra received a call from a neighbor reporting possible work being done without a permit at 61 Hiley Brook Road. She said that she will call the owner of the property.
Deerfield Lane Dumping - Sferra told the Commission that she spoke with Bruce Trefry yesterday about a homeowner who was dumping large amounts of yard waste on conservation land at Deerfield Lane, hindering Trefry’s access to the property with equipment. Sferra will notify the homeowner with a letter.
Camping in Town Forest – Sferra told the Commission that she received a query as to whether residents can camp in Town Forest. She told the Commission that the Stow Boy Scouts annually come to the office to request a permit to camp overnight during the winter. The Commission debated the pros and cons of allowing private camping on the property, but decided that it would need to be discussed further before being permitted. One consideration mentioned was that there are no sanitation facilities near Town Forest.
Notice of Intent Amendment (#299-0571)
76 Pine Point Road (U-1 #28)
Michelle Walsh came before the Commission on May 20, 2014 regarding repairs to a retaining wall and other improvements to their home at 76 Pine Point Road. She was present at this meeting and said that when she asked for permission to install three seasonal floating docks (8’x12’ each, equaling 864 sq. ft) where the water meets the edge of their property, she had not realized that the docks would not float due to shallow water (4 inches). She asked the Commission for permission to modify her original request and install removable cement pier blocks for the decks to sit on. All pieces would be removable.
The Commission expressed some concern that the cement pier blocks might settle into the
sediment and cause unevenness of the decks. The Commission said they would require
Walsh to rake seasonally to maintain free flow of water under the decks. Serena Furman
suggested that the Commission omit the word “floating” from all reference to the docks.
The Commission requested the applicant submit details of the pier blocks in accordance
with the Order of Conditions.
Dave Coppes made a motion to approve the amendment of the Order of Conditions File No. 299-0571 filed by homeowners Michelle and Timothy Walsh for the proposed activity of renovation installation of cement pier blocks to act as a base for 864 sq. ft. of deck that will sit in the shallow water. Cortni Frecha seconded the motion and it was passed unanimously.
Coordinator’s Report (continued)
Athens Lane Emergency Permit- Kathy Sferra had a site visit with Sheri Lazaros, Vicky Quirk, Chief Landry and Charlie Stankard (on-site excavating contractor). The water level in the pond is unusually high due to a blockage of the culvert. Chief Landry was concerned about the Fire Department’s ability to access the property. Sferra issued an emergency permit. The permit was for 10 days, expiring on May 30, 2014. Sferra presented photos to the Commission. She granted an extension to the permit on May 20, 2014 when it became clear that it would take longer to get the water level down to examine the culvert and remove the blockage. She added that Maryann DiPinto at DEP supported the approval. Neighbors from Kettle Plain have complained about the rising water level.
Certificate of Compliance (COC) Requests at Villages of Stow- Sferra suggested that Commission adopt a policy not to issue a COC for every condominium that sells at Villages of Stow. The condos in this area are not in the vicinity of any jurisdictional wetlands.
Partial Certificate of Compliance Request (#299-0420)
41 Orchard Drive (R-10 #58 & 65)
The condo owner contacted the office requesting a Certificate of Compliance (COC) for the property located at 41 Orchard Drive. The owner will be selling the property. The original Order was granted for work relating to the 40B development. Kathy Sferra conducted the site inspection on behalf of the Commission. Sferra mentioned that the home was not in a jurisdictional area. The Commission agreed to issue the Partial Certificate of Compliance. Sferra will follow up with Habitech about getting a COC for the development.
David Coppes made a motion to issue the Partial Certificate Of Compliance for work satisfactorily completed at 41 Orchard Drive in compliance with Order of Conditions File No. 299-.
Andy Snow seconded the motion and it was passed unanimously.
Renew Ag License Phillip Noonan Field
Sferra told the Commission that the annual renewal of the agricultural license for Steve Mong of Applefield Farms was due. Sferra updated the language of the license.
Andy Snow made a motion to renew and issue the license agreement with Steve Mong of Applefield Farm at Phillip Noonan Field located off Great Road. Serena Furman seconded the motion and it was passed unanimously.
Draft and Issue Notice of Intent (#299-0564, 299-0565, 299-0566)
38 Adams Drive/Abigail Place (R-7 #4)
The Commission discussed and wrote the conditions for three Notices of Intent (NOI) filed by John Anderson of Crown Castle Properties for the proposed construction of three single-family dwellings, construction of wells plus septic systems and site restoration activities at Abigail Place. The Commission received revised plans on May 30, 2014. John Anderson was present for the discussion.
The OOC on Lot 1 stated that wood chips may be used for stabilization on site but that wood chips shall not be disposed of on site or placed outside of the limits of work. A perpetual condition was included that stated no disturbance within 35 feet of the wetland and that the applicant must install a split rail or similar fence across the rear of Lot 1 to demarcate the 35-foot buffer. The fence shall be extended from the location shown on the proposed plan across the area disturbed from the water line installation, if any. The final as-built plan shall indicate this as a restricted area.
The OOC on Lot 2 gave Anderson permission to remove several downed trees between the limit of work and the 35-foot buffer zone, provided that care is taken to prevent excessive disturbance. The Commission included a perpetual condition that stated there should be no disturbance within 35 feet of the wetland and that the final as-built plan shall indicate this as a restricted area.
The OOC on Lot 3 included many conditions including one that stated that excess excavated material, refuse, etc. may not be stored on site. It also stated that within the 35-foot no disturb buffer zone and extending toward the lot for a distance of 50 feet on each site of the well pumphouse, the applicant shall remove or appropriately treat invasive species. This work shall be overseen or conducted by an individual qualified in invasive species management. The OOC stated that all material generated from demolition of the water tank, treatment building, well pump house and appurtenances shall be removed from the site immediately and legally disposed of. . A perpetual condition was included that stated no disturbance within 35 feet of the wetland and that the applicant must install a split rail or similar fence on this lot to
demarcate the 35-foot buffer.
Dave Coppes made a motion to issue the Order of Conditions for Notice of Intent File Numbers 299-0564, 299-0565, 299-0566 filed by Crown Castle Properties for the proposed activity of construction of three single-family dwellings, wells plus septic systems and site restoration activities at 38 Adams Drive. Andy Snow seconded the motion and it was passed unanimously.
Reorganization of the Board
Dave Coppes has submitted a letter of resignation effective June 30, 2014. The Commission voted to accept this letter and act on his request to be appointed as an associate member. The Board of Selectmen will post the position and, typically, the Commission will make a recommendation for appointment.
Andy Snow made a motion to accept the resignation of Dave Coppes from full membership on the Conservation Commission and appoint him as an associate member. Cortni Frecha seconded the motion and it was passed unanimously.
Kathy Sferra requested volunteers to step forward to serve as Chair and Vice-Chair for a one-year term. Cortni Frecha volunteered to serve as Chair and Andy Snow volunteered to serve as Vice-Chair.
Dave Coppes made a motion appoint Cortni Frecha to serve as the Chair of the Conservation Commission, and Andy Snow to serve as the Vice Chair effective July 1, 2014. Serena Furman seconded the motion and it was passed unanimously.
The Commission discussed appointing a member to serve as liaison to the Community Preservation Committee. Cortni Frecha currently acts as liaison. The Commission decided that they would revisit this discussion after a new member has been appointed.
Abutter Notification Mailings
Kathy Sferra suggested that a change be made that would allow applicants to mail notifications to abutters using First Class Mail and certification by the Post Office that notices have been mailed to those addresses on the list which have been supplied by the Assessor’s office. No proof of receipt would be submitted to the Commission office, but a copy of the certification of mailing would be submitted. This option is allowable under the Wetlands Act and Town Bylaw.
Currently applicants have been asked to mail the notifications via Certified Mail with a “green card”/return receipt card mailed back to them to submit to the Commission as proof of abutter notification. This current cost for this is $6.48/address. The cost for a Certified Letter, without the green card, is $3.30 for a one-ounce letter.
Cortni Frecha made a motion to endorse the certificate of mailing option without the requirement of the return receipt card for all Conservation Commission filings/applications. Serena Furman seconded the motion and it was passed unanimously.
Center School Replication Area
Ingeborg Hegemann Clark mentioned that she would like to inspect the replication area at Center School. The area is at the rear of the property on a field that is adjacent to the play structure. She believes that it has been improperly constructed. Kathy Sferra said that she will find the plans and inspect the area next week.
Adjournment
Dave Coppes made a motion to adjourn the meeting at 10:10 PM. Andy Snow seconded the motion and it was passed unanimously.
The Commission adjourned at 10:10 PM.
Respectfully submitted,
Maureen Trunfio
Stow Conservation Commission Secretary
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