Stow Conservation Commission
Minutes
August 4, 2015
A meeting of the Stow Conservation Commission was held at the Stow Town Building, 380 Great Road, Stow, Massachusetts, on August 4, 2015 at 7:30 in the evening.
There were present: Serena Furman, Vice-Chair
Cortni Frecha
Jeff Saunders
Sandra Grund
Ingeborg Hegemann Clark
Absent: Doug Morse
Andy Snow, Chair
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
Cortni Frecha made a motion to approve the minutes of July 7, 2015 as drafted and amended. Sandra Grund seconded the motion and it was passed unanimously.
Ingeborg Hegemann Clark made a motion to approve the executive session minutes of July 7, 2015 as written. Jeff Saunders seconded the motion and it was passed unanimously.
Red Acre Woodlands Tree Work
Kathy Sferra informed the Commission that she had received a call reporting tree work being conducted at 118 Red Acre Road on July 27, 2015. Sferra contacted the homeowner regarding the work, requested that the tree company immediately stop work and conducted a site visit. Sferra observed two trees had already been removed at the time of the site visit; with one tree inside the 100’ buffer approximately 47 feet from the wetland. The trees were located on Red Acre Woodland on which the Town of Stow holds a Conservation Restriction (CR), and the land is owned by Stow Conservation Trust (SCT). Sferra informed the Commission that the homeowner stated that they had been given permission by SCT to remove the trees.
Sferra noted that during this past winter two large pine trees snapped during a storm and landed on the owners’ cars. During the site visit Sferra explained to the homeowner that she has approval from the Commission to approve the removal of one to two trees within the buffer. With two trees already removed at the time of the site visit, Sferra approved the topping of the two remaining trees the homeowner wanted removed at approximately 15-20 feet above the ground surface to avoid damage to the home during future storms. Sferra noted that with the tree company was onsite waiting to continue the tree work and that she felt she needed to make a decision quickly rather than wait to notify the Commission.
After the site visit Sferra reached out to members of SCT regarding their approval of the tree removal. The CR requires that SCT notify the Commission 45 days prior to any tree cutting which did not occur in this case. Sferra will work with SCT to determine how to best communicate regarding approvals and ensure they are consistent with the CR. The Commission discussed mitigation for the removal of the trees and will not require the homeowner to plant any trees as mitigation given the circumstances of the site, and the fact that two tree snags will remain.
Eve Donahue was present as representative for SCT. Donahue apologized to the Commission for the misunderstanding and noted that members of SCT had conducted two site visits to discuss the tree removal and none identified the requirement to notify the Commission or file for a permit. Donahue informed the Commission that SCT will be setting guidelines to avoid similar situations in the future. The Commission discussed the 45 day notification requirement and the necessity for a shorter notification period for tree removal when there is a potential hazard. Sferra noted that approvals could take significantly less than 45 days if necessary.
Notice of Intent
107 Harvard Road (R-9 #68)
At 7:45 PM Serena Furman opened the public hearing for a Notice of Intent (NOI) filed by Paul DiBitetto for alterations to a driveway within the 100’ buffer. DiBitetto was present for the hearing. DiBitetto informed the Commission that he had restored the barn on the property in 2005 under an Order of Conditions. During the restoration of the barn, the driveway was expanded but this work was not included in the NOI. This was discovered during a Certificate of Compliance site visit. DiBitetto stated that he was not aware he needed to file with the Commission to make alterations to the driveway and assumed that the contractor (Lazaro Paving) would have applied for any necessary permits or informed him to do so. DiBitetto displayed plans and photos and describe the site for the Commission including the location of the stream and 35’
no disturb buffer. The driveway expansion included both extending the paved area of the driveway and adding a gravel area adjacent to the garage, a portion of which is located within the 35’ no disturb buffer. The expanded pavement was installed to extend to the second barn garage bay and the gravel area was added for an additional parking space/turn around area and for access to the side door of the barn.
DiBitetto took measurements from the stream bank and confirmed with the Commission a portion of the gravel driveway was within the 35’ no disturb buffer. DiBitetto added that the house is currently for sale and was built in 1849. The entire lot is located within the 100’ buffer. DiBitetto noted that the house is on a dangerous curve of Harvard Road and he would like as much area as possible to turn around. The current driveway layout includes a small “u” shaped turn around.
Ingeborg Hegemann Clark and Doug Morse conducted site visits on the property. Hegemann Clark noted that the dangerous curve is a safety issue and that the gravel driveway area is used to back up and go out onto Harvard Road. Hegemann Clark informed the Commission that during the site visit she discussed removing at least half of the gravel area with DiBitetto and noted that no vehicles should park in that area in the future. Hegemann Clark and Morse recommended after their site visit that the top four inches of gravel should be removed, top soil should be added and plantings should be completed in the 35’ no disturb buffer. Hegemann Clark shared additional observations from her site visits including several Norway Maple in the rear of the property one of which was covered in grape vines, a stockpile of firewood within the 35’ no
disturb buffer and patches of multiflora rose. Hegemann Clark also observed an area in the backyard currently maintained as lawn within the 35’ no disturb buffer. Hegemann Clark recommended to the Commission that mowing be discontinued in that area with the exception of an 8’ access path to the shed. Hegemann Clark also recommended that the new stonewall which was installed along the driveway remain in place. Morse identified that the wall was controlling erosion along the driveway during their site visit.
DiBitetto noted that he is concerned future owners will not be aware of the 35’ no disturb buffer and would like to educate future owners about the wetland buffers and educate potential buyers about the resource areas. DiBitetto stated he would like to install a wetland buffer sign at the 35’ no disturb buffer.
The Commission discussed the stone wall along the driveway and recommended it stay in place and to add additional rocks for stabilization in one area at the western end. The Commission also discussed removal of half of the gravel area, restoration, parking and snow storage. DiBitetto noted the limited space to store snow and would like to continue to do so in the remaining gravel area. DiBitetto agreed with the Commission to remove 200 square feet of the 400 square foot gravel area closest to the stream. DiBitetto also confirmed that he will remove the firewood pile. The Commission requested that the area of gravel be raked up and removed, top soil be added, plantings completed and a boulders be installed along to demarcate the gravel/planted edge. Sferra will provide a copy of the Stow Landowners Guide to Wetlands Permitting to DiBitetto to
provide to prospective buyers of the property.
Cortni Frecha made a motion to close the public hearing for a Notice of Intent filed by Paul DiBitetto for alterations to a driveway. Sandra Grund seconded the motion and it was passed unanimously.
Notice of Intent (#299-597) Continuation
2 Dawes Road (U-6 #8)
At 8:30 PM Serena Furman reopened the public hearing for a NOI filed by Sarah Bailin, Trustee of Dawes Trust, for construction of a septic system, utilities, and associated site work. Richard Harrington of Stamski and McNary, Inc. was present. Harrington displayed revised plans which included adjustments to the erosion control line to show the limit of work located 10’ off of the proposed septic system. Harrington informed the Commission that 12 trees are proposed to be removed as part of the septic system replacement. Harrington noted that the property is on the market and the proposed house is currently outside of the 100’ buffer but a builder may choose to adjust the location of the proposed house. Harrington stated he will not include the house as part of this NOI filing and the builder would file for the house if it is later
proposed inside the 100’ buffer. Harrington confirmed that a letter from the Natural Heritage and Endangered Species Program found that there would be no adverse impact to rare species. Jeff Saunders and Cortni Frecha conducted the site visit and confirmed that the removal of 12 trees seemed accurate for the proposed work.
Ingeborg Hegemann Clark made a motion to close the public hearing for a Notice of Intent filed by Sarah Bailin, Trustee of Dawes Trust for replacement of a septic system, utilities, and associated site work. Jeff Saunders seconded the motion and it was passed unanimously.
Coordinator’s Report
Captain Sargent Day – Sferra reminded the Commission of Captain Sargent Day on August 15, 2015 and shared a flyer for the event.
MACC Updates – Sferra reminded the Commission of the upcoming Massachusetts Association of Conservation Commissions (MACC) fall conference and upcoming fundamentals workshops. Sferra noted that Jacquie Goring will be sending in the registration for the fall conference within the next month and to contact her to register.
Town Forest Dog Incident – Sferra informed the Commission of a dog incident at Town Forest. The owner of a dog that was bitten wrote a letter to the Board of Health that was shared with the Commission.. Sferra described the incident which involved a leashed dog biting a loose dog causing injury. The dog has since been seen muzzled while being walked. The owner of the dog that was bitten is requested unsuccessfully that the owner of the biting dog pay for the veterinary care as a result of the incident. The Stow Animal Control Officer recommended that the Commission require all dogs be leashed at Town Forest which Sferra noted would require a public hearing to change the current regulations. The Commission discussed changing the current regulation and expressed concerns that other conservation areas with more sensitive habitats
may be at risk if the leash requirements at Town Forest are changed. The Commission also discussed the biting dog and will recommend to the Board of Health that the dog be muzzled while on Town property. Sferra will follow up with the Board of Health.
Collings/Crow Island – Sferra informed the Commission that the Board of Appeals upheld the Building Inspectors cease and desist order for Collings. Sferra also informed the Commission that the Board of Appeals voted to not to uphold the Crow Island cease and desist order. Sferra noted that the Planning Board appears to be headed in the direction of deciding that the Collings Museum use was not entitled to the educational exception in zoning.
Lot 2 North Shore Drive – Sferra informed the Commission that the erosion controls have been installed at Lot 2 North Shore Drive and are ready for inspection. Sferra will conduct a site visit this week.
Pompositticut Reuse – Sferra informed the Commission that she has inspected the erosion controls at the site. The contractor has created a path between the hay bales and the construction fence for access to Marble Hill and the soccer fields. The contractor will also put fence screening up and add peastone to prevent the path from becoming soft/muddy.
Lake Boon Boat Trip – Sferra reminded the Commission that Lake Boon resident Don Hawkes would like to take the Commission on a boat trip on the lake. The Commission is interested in a boat trip and Sferra will plan the trip with the Commission and Hawkes via email.
Lundy Subdivision – Sferra informed the Commission that Lundy subdivision project will likely be starting up and she has encouraged them to file an ANRAD for the project prior to undertaking design of the subdivision.
Captain Sargent Parking Lot – Sferra updated the Commission on ongoing issues with inappropriate behavior at the Captain Sargent parking lot. She has discussed wtih Bruce Trefry, Land Steward, the idea of dropping a tree in the upper parking area where the majority of the issues appear to be taking place. The Commission agreed with the idea of dropping a tree in that area.
Certificate of Compliance – 50 Hiley Brook Road – The Commission discussed the Request for Certificate of Compliance (COC) for 50 Hiley Brook Road and reviewed current photos of the area. The Commission discussed and agreed the grass has not sufficiently grown to prevent erosion. The Commission will request that the homeowner re-seed or mulch the area.
Invasive Species Project/RFP – Jacquie Goring updated the Commission on the invasive species removal project and the Commission reviewed a draft of the Request for Bid for the project.
Reissue COC – 586 Great Road – Sferra informed the Commission that the owners of 586 Great Road lost the original COC and provided the Commission with the COC form for their signatures. Cortni Frecha made a motion to reissue the Certificate of Compliance for 586 Great Road. Sandra Grund seconded the motion and it was passed unanimously.
Reissue Order of Conditions – 184 Barton Road – Sferra informed the Commission that the owners of 184 Barton Road lost the original Order of Conditions (OOC) and provided the Commission with the OOC form for their signatures. Cortni Frecha made a motion to reissue the Order of Conditions for 184 Barton Road. Sandra Grund seconded the motion and it was passed unanimously.
Gates Lane Road Work – Sferra informed the Commission that the Gates Lane road work will begin on August 6, 2015. The Highway Department will not be working on the storm water system and will only be repaving the road which will not require wetlands permitting, as repaving an existing roadway is included on the Wetlands Protection Act exemption.
Upcoming Filings/Appointments – Sferra informed the Commission she is expecting a NOI will be filed for 12 Pine Point and will schedule and appointment for the developers of Ridgewood during the August 18, 2015 Commission meeting.
Order of Conditions
107 Harvard Road (R-9 #68)
The Commission reviewed and amended a draft of the Order including that 200 square feet of the gravel driveway be removed, top soil be added, plantings completed and a boulders be installed along the gravel /loam boundary.
Ingeborg Hegemann Clark made a motion to approve and issue the Order of Conditions as amended for the Notice of Intent filed by Paul DiBitetto for alterations to a driveway within the 100’ buffer. Sandra Grund seconded the motion and it was passed unanimously.
Order of Conditions (#299-597)
2 Dawes Road (U-6 #8)
Cortni Frecha made a motion to approve and issue the Order of Conditions as amended for the Notice of Intent filed by Sarah Bailin, Trustee of Dawes Trust for replacement of a septic system, utilities, and associated site work within the 100’ buffer. Sandra Grund seconded the motion and it was passed unanimously.
Adjournment
Ingeborg Hegemann Clark made a motion to adjourn the meeting at 9:40 PM. Cortni Frecha seconded the motion and it was passed unanimously.
The Commission adjourned at 9:40 PM.
Respectfully submitted,
Jacquelyn Goring
Conservation Assistant
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