Stow Conservation Commission
Minutes
July 7, 2015
A meeting of the Stow Conservation Commission was held at the Stow Town Building, 380 Great Road, Stow, Massachusetts, on July 7, 2015 at 7:30 in the evening.
There were present: Andy Snow, Chair
Serena Furman, Vice-Chair
Cortni Frecha
Jeff Saunders
Sandra Grund
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.
Execute Brewer Conservation Restriction – Tuttle Lane
Cortni Frecha made a motion to approve and execute the Brewer Woods Conservation Restriction. Sandra Grund seconded the motion and it was passed unanimously.
The Commission approved and executed the Brewer Woods Conservation Restriction. Linda Hathaway, Town Clerk, was present to notarize the Conservation Restriction. Kathy Sferra informed the Commission that the closing was completed on Monday July 6, 2015.
Appointment – Pine Bluffs – Reconsideration/Revision of Order of Conditions
Laura Greenough, Recreation Director, was present to discuss the plan revisions to the Notice of Intent filed by the Stow Recreation Department for Pine Bluffs recreation improvements. Kathy Sferra updated the Commission on the plan revisions identified after the Commission’s vote to issue an Order of Conditions on June 7, 2015. Greenough would like to begin removal of the white pines from the juniper bowl and begin construction on the shade structure on the beach as soon as possible. Updated plans no longer include moving the shed down to the beach for storage. Sferra noted that Sue Carter feels strongly that van access and parking at the beach are needed to meet Americans with Disabilities Act (ADA) requirements which Carter feels at minimum should include a turn around and one parking space. The Commission reviewed other changes to
the plans identified after the vote to issue the Order including adding additional parking spaces at the beach, a 12’ high retaining wall, and grading. The plans did not including retaining wall construction details or plantings on the wall or slope. The retaining wall will be required to be stamped by a structural engineer due to the height.
The Commission discussed approving the other proposed portions of the project and requiring new plans which reduce the area of the turnaround and parking area. Serena Furman expressed concerns about the significant amount of regrading and the amount of established juniper proposed to be disturbed. The Commission would like the Recreation Commission to re-file for the turnaround and parking area once the plans are complete. Greenough noted that she does not want to make the beach smaller and does not feel that the turnaround and parking area needs to be as large as it is proposed. The Commission noted their concerns about the large retaining wall including sound, cost, appearance and construction material (timber or concrete). Greenough noted that there are remaining funds available to have plans completed for the wall by an engineer and to
have the plans re-done in a more legible manner. Sferra noted that Sue Carter has offered her assistance if it would be helpful. The invasive species removal included in the Order previously approved by the Commission was a requirement as mitigation for work within the 35’ no disturb buffer. The Commission discussed if the Recreation Commission should be required to do the work now the parking area is no longer included in the Order. Greenough stated that she still plans on removing the invasive species because they are overgrown and effecting safety and line of sight and will work with a licensed contractor to complete the work. Greenough also noted that she would like to move forward with removal of the white pines in the juniper bowl as soon as possible because a contractor is donating their services to complete the work. Greenough also plans to create an annual maintenance plan for the Commission as included in the original Order.
The Commission discussed additional items identified during the site visit including two small grey birch saplings at the top of the bluff that they recommend removing, signs of leaf dumping observed within the 35’ no disturb buffer and damage to the chain link fence. Greenough noted that the hole in the fence is used as a path to a fishing area and to get to the beach. The Commission expressed their concerns about safety of children and the steep slope. The Commission recommended that the fence be fixed and noted that when the Recreation Commission plans to do work along the path from the chain link fence to the pump house that they will need to file with the Commission.
Notice of Intent (#299-596)
38 Edson Street (R-11 #25-2)
At 8:00 PM Andy Snow opened the public hearing for a Notice of Intent (NOI) filed by Adam Sureau for construction of a barn within the 100’ buffer. Scott Hayes of Foresite Engineering and Adam Sureau were present. Hayes described the location of the lot and noted the house was built outside of the 100’ buffer zone. The location of the proposed barn was described by Hayes as lawn and lightly wooded and within 100’ of a Bordering Vegetated Wetland. The property is generally flat with a slope on the eastern side of the property with the wetland line following the toe of the slope. The proposed barn is 48’ by 46’ and will include a pea gravel access path along the side of the barn. No grading is proposed as part of the project and silt fence will be installed for erosion control. Hayes noted the soils are primarily
sand and gravel and well drained and an infiltration system is not deemed necessary for roof run off.
Snow and Ingeborg Hegemann Clark conducted the site visit for the project. Snow noted that they confirmed the wetland line in the field which was delineated in the early 2000’s and was obvious due to the grade change. Snow and Hegemann Clark measured 19 trees greater than 5” in diameter necessary to be cleared as part of the barn construction including white pine, white and red oak. Snow noted that the soil is very sandy and drainage appeared to be good. Hegemann Clark and Snow did observe yard waste dumping within the 35’ buffer including leaves, Christmas trees and lawn clippings and requested that Sureau no longer dump within the 100’ buffer. Invasive species were also observed in the path to the dumping area likely due to human traffic. The Commission discussed the propane tank currently located where the barn is
proposed and requested it be moved outside of the 100’ buffer.
The Commission discussed the proposed mitigation for the proposed barn which includes temporary erosion controls until restabilization occurs and discussed alternative locations. Hayes noted that orientation of the barn was selected for aesthetic reasons as well as distance for fire safety from the house, the location of the backyard and the function of the building. Hayes explained that if the barn was within 20 feet of the house it would have to be sprinklered. The Commission discussed the resource area and the clearing of trees and what could be done to mitigate the work proposed within the 100’ buffer. Sureau noted that the barn will not be changing the use of the property and will be used for storage and not for animals. The Commission reviewed photos provided by Snow from the site visit and a list of trees to be removed. Sureau
noted that the play structure will be moved outside of the 100’ buffer and that his wife would like to plant a tree for each tree that is removed.
Angela Anderson of 6 Edson Street asked and received confirmation that no farm animals are proposed to be brought to the property after the barn is constructed. The Commission discussed mitigation for the tree removal. Sureau proposed a 1 for 1 replacement. The Commission recommended planting where the swing set is currently located and in the path to the dumping area. Sureau noted he would like to create a permanent buffer between the barn and the wetland to stop landscapers from dumping yard waste which the Commission recommended planting huckleberry or another native to Massachusetts shrub or installing a stone wall or split rail fence. The Commission will include in the order planting of ten 1 ½” trees and 9 shrubs to be planted as mitigation for the tree removal.
Cortni Frecha made a motion to close the public hearing for a Notice of Intent filed by Adam Sureau. Sandra Grund seconded the motion and it was passed unanimously.
Notice of Intent (#299-595)
278 Red Acre Road (R-31 #27)
At 8:15 PM Andy Snow opened the public hearing for a NOI filed by Paul Peterson for replacement of a failed septic system. Steve Poole of Lakeview Engineering Associates was present. Poole described the current septic system as a series of cesspools which failed Title V inspection. The property is currently rented and being sold to the renter requiring the septic system to be replaced as part of the sale. Poole displayed plans including the current septic system, the proposed septic system and current well. The Board of Health granted a waiver for the proposed septic system set back from the well subject to approval from the Commission with an Order of Conditions. Soils consist of sandy gravel and grading is proposed up to the 35’ no disturb buffer. Erosion controls will be installed along the 35’ no disturb buffer.
Serena Furman conducted a site visit for the project and confirmed the wetland flagging along the bottom of the slope. Four trees will need to be removed to replace the failed septic system including one 18-20” diameter beech, a 12” pine and two other 12” trees. Poole noted that the homeowner has also received a 1’ variance from the Board of Health to the 4’ offset from the bottom of the septic system to the water table to a 5’ offset. Furman noted that she had observed a large leaf pile dumped within the buffer and Poole confirmed he will talk to the homeowner about dumping yard waste. The Commission discussed the replacement of the failed septic system as the public benefit for the removal of the four trees and potential replanting.
Cortni Frecha made a motion to close the public hearing for a Notice of Intent filed by Paul Peterson. Sandra Grund seconded the motion and it was passed unanimously.
Notice of Intent (#299-597)
2 Dawes Road (U-6 #8)
At 8:30 PM Andy Snow opened the public hearing for a NOI filed by Sarah Bailin, Trustee of Dawes Trust, for construction of septic system, utilities, and associated site work. Sarah Bailin and William Hall of Stamski and McNary, Inc. were present. Hall displayed plans including the existing dwelling and the 100’ buffer and 35’ no disturb buffer.
Cortni Frecha and Jeff Saunders conducted a site visit for the project. Frecha noted that it was not clear in the field which trees would be required to be removed to complete the proposed work because none were flagged. Frecha and Saunders confirmed the wetland flagging noting the wetland line was along the toe of the slope with noticeable change in vegetation. Hall noted small trees would need to be removed to install the septic tank and carbon supply. Frecha and Saunders noted that the lot is mostly wooded. Sferra noted that the hearing will need to be continued pending response from the Natural Heritage and Endangered Species Program which would allow time for the trees to be flagged in the field. Saunders noted that the number of trees to be removed will not likely change the proposed plans because the surrounding wells are
limiting the location of the septic system and dwelling. The Commission discussed mitigation plantings and deer resistance. Saunders noted that yard waste dumping was not observed during the site visit and the small amount of debris near the house will likely be removed during construction. The Commission discussed requiring installation of boulders or other measures to indicate the 35’ no disturb buffer to discourage future owners from mowing beyond the buffer. The Commission requested that Hall provide a revised plan showing erosion controls along the limit of work and not the property boundary as shown on the current plan. The Commission discussed the pending response from the Natural Heritage and Endangered Species Program and a continuation date with the applicant.
The Commission explained the location of the Natural Heritage and Endangered Species line on the property and the purpose of the Act. Bailin noted that the proposed house will be located outside the 100’ buffer and the plans provided with the filing show the footprint of the existing dwelling. The Commission encouraged Hall and Bailin to show on the plan any work within the 100’ buffer (such as patios, gardens or decks) on the revised plan and that the new homeowners should be made aware of the 100’ buffer and the Commission’s jurisdiction. Bailin noted that they intend to put a deed restriction on the size, square footage and height of the house limiting it to a ranch or cape style home. The Commission requested revised plans including the number of trees proposed for removal and revised erosion controls to the limit
of work. Hall inquired if either he or Bailin need to be present for the next hearing. Sferra noted it may not be necessary but she is aware of an abutter who may attend the next hearing with questions about the project.
Cortni Frecha made a motion to continue the public hearing for a Notice of Intent filed by Sarah Bailin, Trustee of Dawes Trust, to August 4, 2015 on or after 7:30 PM. Sandra Grund seconded the motion and it was passed unanimously.
Minutes
Serena Furman made a motion to approve the minutes of June 30, 2015 as drafted. Cortni Frecha seconded the motion and it was passed unanimously.
Coordinator’s Report
Minuteman Air Field Ribbon Cutting – Sferra reminded the Commission that the ribbon cutting for Phase 2 of the Minuteman Air Field expansion is on July 9, 2015. Sferra provided photos of the replication area to the Commission for review.
Minutes Follow Up – Sferra informed the Commission that she and Jacquie Goring followed up with Linda Hathaway, Town Clerk, following the discussion on minutes during the last Commission meeting. Sferra explained to the Commission the Open Meeting Law requirements for minutes as discussed with Hathaway.
Request for Certificate of Compliance – 50 Hiley Brook Road – Sferra informed the Commission that she has received a request for Certificate of Compliance for 50 Hiley Brook Road. Andy Snow and Goring will conduct a site visit prior to the August 4, 2015 Commission meeting.
Villages at Stow – Sferra updated the Commission on the request for Certificate of Compliance for Villages at Stow. Sferra has been working with George Gallagher of Habitech. The homeowner has removed the patio from the open space area but does not want rocks or any other type of delineation along the 35’ no disturb buffer line. The homeowner would like to meet with Sferra to discuss the issue. Sferra reminded the Commission that they were flexible with what could be used and recommended using rocks, plantings, split rail fencing, or bird boxes to mark the buffer line. The homeowner appears to be mowing off their property and onto the 35’ no disturb buffer.
227 Sudbury Road – Sferra informed the Commission that she was contacted by the current homeowner of 227 Sudbury Road regarding moving plantings on the property. The plantings were required to be planted within the 50’ buffer by the Commission as a result of a violation. Sferra reminded the Commission that the previous homeowners filed for well installation and a temporary construction easement that was intended to naturalize after the work was completed. The previous homeowner removed all the trees on the property and the Commission worked with them to select plantings and locations in order to receive a Certificate of Compliance. The current owner has landscape design experience and does not like the selection of plantings and the locations and would like to redesign the area with a combination of plantings and meadow. Sferra suggested to the homeowner to have an informal meeting the Commission to discuss his plans.
Order of Conditions (#299-595)
278 Red Acre Road (R-31 #27)
The Commission reviewed and amended a draft of the Order including that no additional dumping of yard waste can occur within the 35’ no disturb buffer. The Commission discussed planting on the leach field as mitigation for the septic replacement and determined plantings were not necessary as replacing the septic system after failing Title V inspection will provide public benefit.
Cortni Frecha made a motion to approve and issue the Order of Conditions as amended for the Notice of Intent filed by Paul Peterson for replacement of a failed septic system within the 100’ buffer. Doug Morse seconded the motion and it was passed unanimously.
Order of Conditions (#299-596)
38 Edson Street (R-11 #25-2)
The Commission reviewed and amended a draft of the Order including that no additional dumping of yard waste can occur within the 35’ no disturb buffer and the propane tank located where the barn is proposed is moved outside of the 100’ buffer. Additionally, planting of ten 1 ½” trees and nine 18-24” native to Massachusetts shrubs was added to the Order as mitigation for removing 19 trees within the 100’ buffer.
Cortni Frecha made a motion to approve and issue the Order of Conditions as amended for the Notice of Intent filed by Adam Sureau for construction of a barn within the 100’ buffer. Serena Furman 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 the previous draft of the Order and added to the findings that the turnaround at the beach is not approved which will require a subsequent application, hearing and revised plans. No additional dumping of leaves or grass clippings within the 35’ no disturb buffer was added to the Order.
Cortni Frecha 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. Jeff Saunders seconded the motion and it was passed unanimously.
Certificate of Compliance – 76 Pine Point – Sferra informed the Commission that the homeowner planted one plant (a hosta) at the 100’ buffer line per the conditions in the Order. Sferra recommended a Certificate of Compliance be issued.
Ingeborg Hegemann Clark made a motion to issue a Certificate of Compliance for 76 Pine Point. Sandra Grund seconded the motion and it was passed unanimously.
Certificate of Compliance – 107 Harvard Road – Sferra informed the Commission that she had received two requests for Certificate of Compliance for two separate Orders of Conditions for 107 Harvard Road. The homeowner has put the house on the market for sale. Sferra conducted a site visit for both requests and recommended a Certificate of Compliance be issued for Order of Conditions #299-324 for an addition to the back of the house as no issues were identified during the site visit.
Doug Morse made a motion to issue a Certificate of Compliance for Notice of Intent #299-324 for 107 Harvard Road. Serena Furman seconded the motion and it was passed unanimously.
For the second Order of Conditions for renovations to an existing barn for which the homeowner also requested a Certificate of Compliance, Sferra provided plans and aerials of the barn before and after renovation. Barn renovations were completed in accordance of the plan. However it appears that the driveway was expanded, which was not included in the permit. An area previously maintained as lawn is now an asphalt and peastone driveway. The new driveway appears to be approximately 8’ from the stream and twice as wide as the previous driveway. Sferra emailed the homeowner regarding the driveway renovations that were not included in plans filed with the Commission and has not received a response. Sferra also identified an area being maintained as lawn on the other side of the lot that appeared to be within the wetland. Sferra
provided photos of the area which included wetland plants such as skunk cabbage, sensitive fern and jewel weed. The Commission discussed the issues identified during the site visit, potential wetland filling and potential enforcement. Andy Snow noted concerns about snow removal and storage with the new driveway and the proximity to the stream. The Commission will request that the homeowner file an after the fact Notice of Intent for the driveway expansion/removal and will not issue a Certificate of Compliance for the barn renovations.
Appointment of Associate Members – The Commission reappointed all previous associate members with the exception of Alexander Taft.
Ingeborg Hegemann Clark made a motion appoint Bruce Trefry, Joyce Bunce, Deb Stein, Dwight Sipler, David Coppes and Stewart Dalzell as associate members of the Conservation Commission for three year terms. Cortni Frecha seconded the motion and it was passed unanimously.
Adjournment
At 9:52 PM Serena Furman made a motion to go into Executive Session pursuant to MGL Chapter 39, section 23 B(3), for the purpose of discussing strategy with respect to the purchase of real property, and to adjourn thereafter without returning to open session. Cortni Frecha seconded the motion and it passed unanimously.
Roll Call Vote – 7-0 in favor. Andy Snow, aye, Serena Furman, aye, Cortni Frecha, aye, Jeff Saunders, aye, Sandra Grund, aye, Doug Morse, aye, Ingeborg Hegemann Clark, aye.
Respectfully submitted,
Jacquelyn Goring
Conservation Assistant
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