Stow Conservation Commission
Minutes
April 7, 2015
A meeting of the Stow Conservation Commission was held at the Stow Town Building, 380 Great Road, Stow, Massachusetts, on April 7, 2015 at 7:30 in the evening.
There were present: Cortni Frecha, Chair
Andy Snow, Vice-Chair
Serena Furman
Jeff Saunders
Sandra Grund
Doug Morse
Absent: Ingeborg Hegemann Clark
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.
Minutes
Andy Snow made a motion to approve the minutes of March 31, 2015 as drafted and amended. Sandra Grund seconded the motion and it was passed unanimously.
Coordinator’s Report
May Meeting Dates – Sferra informed the Commission the May 5, 2015 meeting date with the potential conflict of the annual Town Meeting has been rescheduled to May 6, 2015.
Minuteman Air Field – Sferra informed the Commission that the preconstruction meeting for Minuteman Air Field has been scheduled for April 10, 2015.
Stow Independent Ad – Sferra informed the Commission that the Stow Conservation Trust (SCT) will “co-sign” the yard waste ad. Cortni Frecha is designing and preparing the camera ready copy.
Lake Boon Refilling – Sferra informed the Commission that the Lake Boon refilling will begin this week.
Alan DiPietro – Maple Street Violation – Sferra updated the Commission on the status of enforcement. Sferra had not yet received the receipts for the certified mailing.
New Projects and Assignments – Sferra informed the Commission she anticipates two new filings, a Notice of Intent (NOI) for a house addition on Sandy Brook Drive and a Request for Determination of Applicability (RDA) for a pool removal on Middlemost Way. Andy Snow volunteered to lead the Sandy Brook Drive filing and Jeff Saunders volunteered to lead the Middlemost Way filing. Snow and Jacquie Goring will lead on the two pending Requests for Certificate of Compliance (COC) and Sferra will lead the Villages at Stow COC Request.
Notice of Intent (#299-0590)
Lot 2 North Shore Drive (U-5 #2A)
At 7:45 PM Cortni Frecha opened the public hearing for a Notice of Intent (NOI) filed by Scott Prince for construction of a single family house and site grading and clearing within the 100’ buffer. Jeff Brem of Meisner Brem Corporation and Scott Prince were present. Brem described the location of the lot which is adjacent to the 3rd basin of Lake Boon. According to Brem the parcel is comprised of 1.7 acres of dry land and includes a portion of the Lake. Brem informed the Commission that Prince would like to build as close to a net zero home as possible. The septic plan has been submitted to the Board of Health and is being reviewed by Jack Wallace, Health Agent. Requested changes to the septic system will be included on the final plan. Brem noted there will be a roof infiltration system in the front of the house. Prince
proposes to install a geothermal system and solar panels which would require the large trees on the property to be removed. Brem displayed plans which include a house set in the middle of the lot with trees cut in the rear of the property. Clearing is proposed from the house to the water’s edge. Brem identified the 35’ and 100’ buffer zones and the water’s edge on the plans.
Sandra Grund conducted a site visit at the property with Cortni Frecha, Ingeborg Hegemann Clark, Andy Snow and Kathy Sferra. Grund discussed the major concerns identified during the site visit including the Stow Wetland bylaws and state regulations including the 35’ and 100’ buffer zones and the Lake Boon Shore Line Stabilization Guidance (June 2006). Grund noted that the goal of the Commission for development of new lots on Lake Boon is to limit clearing and have a meandering path down to the water. Sferra had previously met with Brem to discuss the anticipated concerns from the Commission and alternative designs for the site. The Commission discussed that there have been several properties on Lake Boon that the Commission has had to make decisions regarding clearing and access to the water.
Brem noted that he discussed the concerns shared by Sferra with his client and they have been working together to come up with alternatives to the current plan. Brem reviewed the plans noting that the setbacks would allow for the geothermal to be moved in front of or next to the house. Brem noted that the geothermal cannot be installed near the septic system. Sferra inquired about geothermal systems with Craig Martin, Building Commissioner, and he confirmed that geothermal can go into the setback. Brem informed the Commission that trees must be removed where the geothermal is installed and that the system can be installed under the driveway but could pose complications if the system needs to be repaired. Brem noted that the preference would be to move the system to the east for westerly sun and the house location can be adjusted as well.
The Commission inquired about the planned geothermal system. Prince confirmed that it is a horizontal closed geothermal system. The Commission asked if the system could be vertical which Prince noted it could but the horizontal system is approximately $10,000 to $15,000 less expensive and he would like to take the savings and use it for landscaping. Prince confirmed the closed system will use a mixture of antifreeze and water in underground piping. Serena Furman expressed concerns about horizontal geothermal systems noting that rocks can shift, damaging piping and potentially resulting in spills to the Lake. Brem noted that the soils on the property are sandy with no rocks and does not expect rock shifting to be an issue. Furman asked that the soil condition for the site be confirmed. The Commission confirmed with Prince that it is possible
to plant above the system and that piping can be placed under the driveway to limit tree removal. Prince noted that he has not selected a contractor yet and does not know how big the system will need to be because the house has not been designed.
Prince noted he is willing to move the geothermal system from the planned location after receiving the feedback from Sferra and from the Mass DEP although the system will lose efficiency the higher up the slope it is installed. Prince noted that his plan is to get the home LEED certified or as close to net zero as possible and that he plans to use only logging companies that will recycle the wood for log homes, building material, etc. Even if the system is moved, Prince stated that he will need to remove approximately 5 large white pine trees within the 35’ no disturb buffer, the tallest on the property, in order to have photovoltaic panels. The Commission reviewed photos taken during the site visit of the potential trees to be removed. Prince inquired if the trees are removed could another native tree be planted in there place to
replace them and hold the soil back from the bank. The Commission discussed with Prince that if trees are proposed to be removed within the 35’ no disturb buffer there needs to be a public benefit for doing so or a public benefit must be provided once they are removed. The Commission noted that constructing a “green” house would not be considered a public benefit.
The Commission asked that the plans include any hardscaping, landscaping, docks and access to the water located within the 100’ buffer zone. All of that work should be shown now to avoid Prince needing to apply for additional permits in the future and segmenting the project. Grund reiterated that the Commission’s job is to administer the Wetland Protection Act and although solar and geothermal energy are important to conservation it is also important to find the right site for those conservation efforts to work within (i.e. build on a more solar ready site). Brem confirmed with the Commission that stumps would be left flush cut. Frecha noted that the Lake Boon Shore Line Stabilization Guidance approved by the Commission in June 2006 states that no disturbance should be done within 35’ of Lake Boon. The Commission
discussed setting precedent for other homeowners on Lake Boon.
Cortni Frecha opened discussion for public comment. Donald Hawkes of 9 Dawes Road noted that he has lived on Lake Boon for 65 years of which 32 years were at 9 Dawes Road. He noted that the photo of the Great Blue Heron for the Lake Boon Shore Line Stabilization Guidance document is the lake frontage of Prince’s lot. Hawkes noted he appreciates that the Commission would like to maintain the 35’ buffer. Hawkes stated that the lot is in an undeveloped area of the Lake and that his recommendation is to not allow work in the 35’ no disturb buffer. Hawkes noted that Prince should have come to the Commission with plans prior to purchasing the land and that he feels the public benefit is already in place in the form of vegetative screening. Hawkes feels that the Commission should allow only a meandering path in the 35’ no
disturb buffer and that many Lake Boon residents try to create a beach or a play area near the water. Hawkes noted that the water is very shallow in that area, only a few feet deep, and full of invasive weeds. Hawkes stated he is strongly in favor of leaving the trees as is and that this difficulty could have been foreseen. Frecha asked if Prince could go back to the designer which Prince agreed he could but wanted to bring the project before the Commission for an initial presentation prior to doing so. Prince noted he is not in a rush to complete the project and will go back to the designer and the solar and geothermal contractors to reassess the designs.
Serena Furman made a motion to continue the public hearing for a Notice of Intent filed by the Scott Prince to May 19, 2015 on or after 7:30 PM. Andy Snow seconded the motion and it was passed unanimously.
Notice of Intent (#299-0589)
Recreation Department – 303 Sudbury Road (U-3 #12)
At 8:15 PM Cortni Frecha opened the public hearing for a Notice of Intent (NOI) filed by the Stow Recreation Department for Pine Bluffs recreation improvements. Kathy Sferra informed the Commission that she has provided them a copy of the draft Planning Board decision as well as a copy of Sue Carter’s comments. Ben Gary of Marshal Gary Landscape Design, Laura Greenough, Stow Recreation Director, and Mike Busch, Chairman of the Recreation Commission were present as representatives for the Stow Recreation Department. Gary displayed plans and discussed the overall project plans including site location, driveway, turnaround, and guardrails. Improvements include restrooms, pavilion, bocce courts, restoration to the existing stairs, and re-grading the dirt driveway access to the beach. At the bottom of the driveway the area will be
excavated to allow handicap accessibly to the beach and emergency and maintenance access. Gary displayed detailed plans for the erosion controls and the 35’ and 100’ buffer. Gary discussed the Japanese Knotweed and Oriental Bittersweet removal and treatment which will be done over a 2-3 year time period.
The Commission asked for clarification on the turnaround and the trees noted on the plan to remain in the center of the turnaround. Gary confirmed that most of trees will be kept and confirmed he will update the plan to clearly show which trees will remain. Gary has a list of trees to be removed and will mark which trees are planned to be removed in the field. The Commission inquired about the timeframe for the work and Greenough explained that the building work, outside of the Commission’s jurisdiction, will begin now, and then a second bid will be put together for the site work for a later time. Greenough confirmed the Recreation Commission would like the plans to be changed by Gary now as part of the process. The Commission asked that the plans be more readable, more detail should be included about the invasives removal, and should
include which trees are being removed. Gary informed the Commission that a contract was signed for the three buildings today and he will review the Planning Board changes as well as the Commission’s and update the plans.
The Commission discussed the juniper bowl and the red and white pine that are growing in the area. The Commission noted that the number of white pines in the juniper area is more extensive than they had thought and would like to know the reason for removing them all. Greenough noted that they are choking out the juniper and prevent parents and lifeguards from having a line of sight to the top of the hill. Greenough agreed that limbing some of the pines would be sufficient enough for the line of sight issues. The Commission discussed pine removal and would like to keep some and remove some of the smaller trees and allow the trees encroaching on the beach to be removed. The Commission noted the large oak tree near the proposed deck area which they would like kept. Gary agreed to update the plans with more detail on which trees they propose to
remove and which will stay. Greenough clarified that they have a signed contract for the building work but rejected a bid for the site work therefore the Recreation Commission will have to repackage the bid, but all planned work will be completed at some point. Gary noted the site work will likely occur after Labor Day following the camp season. The Commission discussed the Japanese Knotweed which is more extensive then shown on the plans and recommended the knotweed be treated using stem injection and must be completed by a certified applicator.
Mike Busch, Chairman of the Recreation Commission noted that he does not think each tree can be flagged individually because there are so many. Busch explained that the white pines were not there when the juniper were planted and that if the Commission asks to keep the pine it would preclude the Recreation Commission from maintaining the area. The Commission discussed the juniper and pines and the possibility of creating a vegetative management plan for trees, invasives, and other plants on the property. Gary confirmed he will have updated plans on or before May 8, 2015.
Doug Morse made a motion to continue the public hearing for a Notice of Intent filed by the Stow Recreation Department to May 19, 2015 on or after 7:30 PM. Sandra Grund seconded the motion and it was passed unanimously.
Notice of Intent (#299-0588)
Collings Foundation, Inc. – 0 Barton Road (U-2 #54, R-25 Lots #13, 16A, 16B and 17)
At 8:45 PM Cortni Frecha opened the public hearing for a Notice of Intent (NOI) filed by Collings Foundation, Inc. for construction of a 66,000 square foot museum building, associated site and utility work with access road and wetland crossing. Steve O’Connell of Andrews Survey and Engineering, Bob Collings and Rob Collings were present as representatives for Collings Foundation, Inc. O’Connell displayed updated plans which included access to the building, components around the fire pond and updates as a result from the site visit. O’Connell also provided a written alternatives analysis to the Commission.
O’Connell discussed the site visit during which the wetland boundaries were accepted and two southerly areas were selected as wetland restoration areas as well as a 468 square foot mitigation area with the exception of a large oak to remain in place. Removal of a stockpile of material will also be completed as a buffer zone restoration. O’Connell described the plan for one 72 inch pipe embedded 1.5 feet into the substrate to allow the passage of wildlife and two 15 inch pipes to provide hydraulic connection. O’Connell noted that they will not relocate the right-of-way known locally as “Sunset Way” and will utilize the access on the existing road berm. O’Connell is waiting on input from Sue Carter and the Planning Board on the final plans at their continued hearing on April 29, 2015. The Commission
discussed wetland flag 35 which was adjusted in the field and was not revised on the plan which O’Connell confirmed he would update. Sferra confirmed with O’Connell that the river was delineated by observing where the bank was obvious, shown as RB-1 and RB-2 on the plans.
Bob Collings confirmed that the draft Order of Conditions will be discussed at the continued meeting so if issues arise they can be addressed which the Commission confirmed. The Commission commented on the site visit and discussed that not all of the wetland flags were confirmed, just the flags closest to the proposed road. The Commission discussed the height of the wall on the updated plans which O’Connell confirmed is 9’ at its highest point. O’Connell noted that large trucks will be using the road and cannot make a sharp curve which requires the wall to be sloped. Segmental precast blocks will be used for construction of the wall.
Andy Snow made a motion to continue the public hearing for a Notice of Intent filed by the Collings Foundation, Inc. to May 6, 2015 on or after 7:30 PM. Sandra Grund seconded the motion and it was passed unanimously.
Coordinator’s Report – Continued
Walcott Street – Sferra informed the Commission that she conducted a site visit and contacted the homeowner at 158 Walcott Street regarding the driveway work. The homeowner confirmed that they had notified Pat Perry prior to the start of construction. Sferra noted that during her site visit she did not observe erosion controls. The homeowner informed Sferra that the erosion controls had disintegrated and they had removed them. Sferra informed the homeowner that they should not have been removed and the homeowner agreed to re-install the erosion controls. The homeowner later contacted Sferra regarding water running down Walcott Street causing pooling at the end of the new driveway. The homeowner would like to install a culvert to mitigate water from pooling. The Commission discussed the request and would like the homeowner to
provide more detail for the project. Sferra will inquire with the Highway Department regarding the issue and the location of the Right-of-way along Walcott Street.
Knotweed Fact Sheet – Sferra informed the Commission that she has scheduled a meeting with Scott Morse, Highway Assistant Superintendent, to discuss knotweed and mowing. Sferra will provide knotweed best management practices (BMPs) and a poster about knotweed to Morse. Sferra will request that knotweed be cut and properly disposed of rather than mowed. The Commission reviewed and discussed the poster drafted by Sferra.
Wetland Bylaw Regulations – Vernal Pools – Sferra provided a revised draft of the vernal pool regulations including revisions from the discussion during the March 31, 2015 Commission meeting. The revised draft will be discussed during the next Commission meeting on April 21, 2015.
Annual Conference Highlights – Commission members Cortni Frecha, Andy Snow and Sandra Grund shared highlights from the Massachusetts Association of Conservation Commissions (MACC) Annual meeting. Topics included native plant restoration, vernal pools, green infrastructure, wetland fundamentals and the Wetland Protection Act. The Commission will continue to share annual conference highlights during future Commission meetings.
Adjournment
Serena Furman made a motion to adjourn the meeting at 9:50 PM. Sandra Grund seconded the motion and it was passed unanimously.
The Commission adjourned at 9:50 PM.
Respectfully submitted,
Jacquelyn Goring
Conservation Assistant
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