Stow Conservation Commission
Minutes
June 2, 2015
A meeting of the Stow Conservation Commission was held at the Stow Town Building, 380 Great Road, Stow, Massachusetts, on June 2, 2015 at 7:30 in the evening.
There were present: Cortni Frecha, Chair
Andy Snow, Vice-Chair
Jeff Saunders
Sandra Grund
Serena Furman
Absent: Ingeborg Hegemann Clark
Doug Morse
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 May 19, 2015 as drafted and amended. Sandra Grund seconded the motion and it was passed unanimously.
Appointment – Mike Clayton – FY 2016 Highway Projects
Mike Clayton, Superintendent of Streets, was present to discuss with the Commission the projected Fiscal Year 2016 Highway Department projects. Clayton discussed with the Commission the FY 2016 work plan which includes road work on Gleasondale Road, Delaney Street, Gates Lane, Peabody Drive, Pompositticut Street, Walcott Street, Marlborough Road and Shore Road. The Commission discussed the projects with Clayton and the need to file for the work conducted within the Commission’s jurisdiction. Clayton will provide the Commission a plan for the proposed work on Gates Lane for review and will file for work proposed on Marlborough and Shore Road. The Commission discussed with Clayton the knotweed on Tuttle Lane and beaver complaints from Francis Circle.
Notice of Intent
184 Barton Road (U-2 #23)
At 8:00 PM Cortni Frecha opened the public hearing for a Notice of Intent (NOI) filed by Dennis Murphy for removal of trees, construction of a patio and walkway and associated site work within the 100’ buffer. Todd Stout of Perfection Landscaping and Dennis Murphy were present. Murphy informed the Commission that he has owned the property since 1990, moved and has recently moved back. Murphy had removed trees within the 100’ buffer without a permit from the Conservation Commission and stated that a number of the trees were in poor condition and that he was not aware he needed to file with the Commission to remove the trees. Murphy noted that the backyard is currently barren but he would like to restore it to a natural native landscape and removed the trees because of safety concerns about rotted trees over the house. Murphy
proposed keeping the front yard as it remains, with a paved driveway or adding more permeable surface such as lawn. For the backyard facing the Lake, Murphy proposed expanding the hardscape deck area to encompass the width of the house, creating a lawn area on the slope and capping and facing two cinderblock retaining walls. Additionally, after discussions with the Commission chair on the site visit, Murphy proposed to replace or repair the stonewall and stucco retaining wall in the water which is currently in disrepair with pieces falling off into the water. Stout noted he has looked at the wall with Steve Poole of Lakeview Engineering Associates and discussed repairs and potential replacement. Stout displayed a planting plan including hatfield yews along the retaining walls, viburnum, dog woods, high bush blueberries and sodding the slope. Additional plantings including horse plum and fire cherry trees are proposed for the top of the slope. Non-native shrubs including honeysuckle
and burning bush will be removed. Work within the 35 foot no disturb buffer includes planting lawn and the approximately five trees already removed. No earth removal is proposed as part of the project. Murphy noted that the integrity of the slope is important for the structural integrity of the house and safety of the water.
The Commission discussed the plans for lawn within the 35’ no disturb buffer and confirmed with Murphy that the area was not currently grass. Murphy and Stout noted they would like to select plantings to provide food and cover for animals without planting anything that will grow too tall. Murphy noted that he does not want to block the views of his neighbors. The Commission discussed the habitat that was there prior to the removal of trees and what is proposed and the precedent that could be set affecting requests in the future. Sferra noted that land owners that have cut down trees within the 35’ no disturb buffer have been required to replant. The Commission would like Doug Morse to be able to review the landscape plan and discussed the benefits of low shrubbery for habitat. Murphy noted he would like to have an
“interesting” yard, not just lawn, and has no plans to sell the property in the future. The Commission discussed the timing of the work on the retaining wall in the water and the planting schedule. Murphy would like to work on the retaining wall prior to sodding and planting. The Commission noted that work on the retaining wall should be done during the drawdown period, equipment to complete the work may be limited to minimize disturbance and would like the planting done as soon as possible to limit erosion. Sferra noted that a file number has not been received from MassDEP and additional plans are needed for the retaining wall in the water. Murphy confirmed that he will have erosion controls installed.
Serena Furman made a motion to continue the public hearing for a Notice of Intent filed by Dennis Murphy to June 16, 2015 on or after 7:30 PM. Andy Snow seconded the motion and it was passed unanimously.
Notice of Intent (#299-0588) Continuation
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 continued 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. Sferra provided a photo of the oak trees and blueberry plants planted at the fire pond. O’Connell displayed updated plans as a result of the Planning Board process. O’Connell reviewed the plans for the work outside of the Commission’s jurisdiction including a site composite plan, vehicle and pedestrian plans, event areas, signage, sound barrier berm changes and landscaping design plan changes. O’Connell discussed the
updated site plan for parking demands for large events which includes parking on the field. The Commission noted that no parking can be permitted at the bottom of the field within the 100’ buffer at any time, including large events. O’Connell reviewed changes to the plans in response to comments provided by Sue Carter regarding the wetland crossing including dewatering and erosion barriers for the mitigation of the stockpile. The mitigation area will be loamed and planted with New England wet mix.
The Commission reviewed the revised plans provided by O’Connell. O’Connell noted that the slope in the mitigation area will be graded to meet the existing grade and the inverts of the pipes under the wetland crossing will match the existing grade to avoid a dam or weir effect and to connect the hydrology as addressed in Sue Carter’s comments. Additionally, anti-seep collars will be added to the wetland crossing and HDPE pipe will be used for the 15” pipes under the wetland crossing. The Commission discussed the schedule for the project and the planting. O’Connell noted that they still need to close the Planning Board hearing and after the decision and appeal periods the project would likely not be able to begin until in October which would not be an ideal time to start the project. They will evaluate the
schedule once they have all permits.
The Commission reviewed the draft Order of Conditions with Collings and O’Connell. The Commission discussed with Collings the condition that no vehicle parking is permitted within 100 and 200’ of the wetland/pond and the limit of work. The Commission requested that the plans include a revision extending the line of hay bales to define the limit of work. O’Connell requested that maintaining storm water controls also be added to the Order of Conditions. Sferra recommended that the draft Order of Conditions not be finalized until the Planning Board closes the hearing.
Andy Snow made a motion to close the public hearing for a Notice of Intent filed by the Collings Foundation. Serena Furman seconded the motion and it was passed unanimously.
Order of Conditions (#299-0590)
Lot 2 North Shore Drive (U-5 #2A)
The Commission reviewed and amended a draft of the Order including that a final plan for the dock be approved by the Commission prior to construction, the eight trees show on the plan to be topped are removed from the plan, as this part of the project has been withdrawn, and 50% of the tree and shrub plantings be native to Massachusetts and provide varying habitats.
Sandra Grund made a motion to approve and issue the Order of Conditions as amended for the Notice of Intent filed by Scott Prince for construction of a single family house and site grading and clearing within the 100’ buffer. Andy Snow seconded the motion and it was passed unanimously.
Order of Conditions (#299-0589)
Recreation Department – 303 Sudbury Road (U-3 #12)
The Commission reviewed and amended a draft of the Order including requiring annual maintenance plans be provided to the Commission for the property.
Sandra Grund made a motion to approve and issue the Order of Conditions as amended for the Notice of Intent filed by the Stow Recreation Department for Pine Bluffs recreation improvements. Serena Furman seconded the motion and it was passed unanimously.
Coordinator’s Report
Brewer Property – Sferra informed the Commission that she is drafting the Conservation Restriction for the Brewer property and that the Brewers are interested in closing as soon as possible. Sferra is working with Town Counsel on the closing. OARS referred a group of volunteers from Boston Scientific for a work day on June 12. Sferra will flag a potential trail connection with Jacquie Goring in the field that could be cleared using volunteers. Sferra will include the Brewer CR on the next meeting agenda.
Captain Sargent – Invasive Species Removal Project – Sferra informed the Commission that she is working with Chris Polatin and Brian Colleran regarding the invasive species removal project. The work will begin in the fall and will require the Commission to file a Request for Determination.
Captain Sargent - Lenny Rodriquez – Sferra informed the Commission that she has been working with Lenny Rodriquez and that he has made significant progress on the clean-up of materials unrelated to the farming.
Agricultural License Renewals – Captain Sargent – Sferra informed the Commission that she has not been contacted by Ben Schlosser or Michael Reardon regarding Schlosser’s agricultural license termination notice. Sferra updated the Commission that she notified Schlosser and Reardon of a 60 day termination notification rather than 90 day as discussed. Sferra reviewed the agreement further and determined that the 60 day termination condition provided Schlosser a better opportunity to address the issues identified by the Commission.
Maple Street Violation – Sferra informed the Commission that the Stow Police Department has filed against Alan DiPietro in District Court for hearing for nonpayment of tickets and has encouraged the Commission to continue ticketing in the interim. Sferra will contact the Bolton Conservation Commission regarding the wetland violation. Jill Kern will provide the Commission updated GIS maps with wetland boundary lines with the most recent aerials of the property.
Erosion Control Updates – Sferra informed the Commission that she inspected the erosion controls on Hudson Road from a 2009 filing from Kane Built, Inc. Sferra noted that the Order of Conditions required that a line of boulders along the 35’ no disturb buffer be installed to delineate the buffer. Sferra observed during the site visit that the area is heavily wooded. Installing the boulders would require an excavator which could not access the area without going beyond the limit of work or removing trees. The Commission will recommend that either a spilt rail fence or posts be used to delineate the area or an excavator be staged at the limit of work and place the boulders as far as possible. Sferra will notify the property owner.
Sferra informed the Commission that she revisited 50 Hiley Brook Road and 8 trees will be required to be removed for the proposed septic system. Sferra also conducted erosion control inspections at 41 Hale Road, 553 Sudbury Road, and White Pond Road after the recent heavy rains. No issues were observed.
Commission Reorganization – Sferra informed the Commission that reorganization will be on the next agenda.
Certificate of Compliance Requests – Sferra informed the Commission she had received two Certificate of Compliance Requests; 76 Pine Point Road and 425 Taylor Road.
Lake Boon Mailing – Sferra informed the Commission that she had not yet mailed out the Guide to Wetland Permitting in Stow to the abutters of Lake Boon but sent Donald Hawkes with copies to the Lake Boon Association annual meeting.
Bradley Lane – Sferra informed the Commission that she and Goring had met with homeowner Joe Quinn regarding the potential wetland violation on Bradley Lane. Sferra and Goring informed Quinn about the role of the Conservation Commission and the Wetland Protection Act. Quinn had three large stockpiles within the 100’ buffer and had recently begun making an ATV track for his daughter behind the piles within the 35’ no disturb buffer. Sferra requested that Quinn install hay bales behind the track area and discontinue excavating the track. Sferra identified a gate post that Quinn could identify as a limit of work line for the 35’ no disturb buffer. Quinn agreed to install hay bales and discontinue the ATV track construction and understands that he must file for any future work within the 100’
buffer.
Adjournment
Serena Furman made a motion to adjourn the meeting at 10:30 PM. Andy Snow seconded the motion and it was passed unanimously.
The Commission adjourned at 10:30 PM.
Respectfully submitted,
Jacquelyn Goring
Conservation Assistant
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