Stow Conservation Commission
Minutes
August 18, 2015
A meeting of the Stow Conservation Commission was held at the Stow Town Building, 380 Great Road, Stow, Massachusetts, on August 18, 2015 at 7:30 in the evening.
There were present: Andy Snow, Chair
Serena Furman, Vice-Chair
Cortni Frecha
Doug Morse
Ingeborg Hegemann Clark
Absent: Jeff Saunders
Sandra Grund
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 August 4, 2015 as drafted and amended. Ingeborg Hegemann Clark seconded the motion and it was passed unanimously.
Coordinator’s Report
Captain Sargent Day – Sferra updated the Commission on the success of Captain Sargent Day held on August 15, 2015. Andy Snow noted that Sferra and Jacquie Goring did a great job organizing the event.
Upcoming Commission Meetings – Sferra informed the Commission that she has not yet received any filings for the September 1, 2015 Commission meeting and will notify Commission members if the meeting will be cancelled.
Beaver Activity – Town Forest – Sferra informed the Commission that she had received a report of a beaver dam under the bridge near the entrance to Town Forest. The Highway Department will attempt to breach it and hope the beavers move down stream as they have in the past. Land Steward Bruce Trefry informed Sferra that water appears to be continuing to flow through the retaining wall despite the blocked culvert which may indicate structural issues with the bridge. Sferra will follow up and have it looked at.
DiPietro/Maple Street Violation – Sferra noted that she does not have any updates on the Maple Street violation and is waiting for an update from MassDEP.
Delaney Street Culvert Replacement – Sferra updated the Commission on the Delaney Street culvert replacement project. Sferra reached out to the Stow Highway Department regarding a request in the Order of Conditions (OOC) that the Commission be informed of the method planned to be used to direct water away from the work area. Michael Clayton, Superintendent of Streets, provided a plan to Sferra which includes using sandbags to divert water into one culvert, allowing the other side to be replaced, then moving the sand bags to complete the second side. The Highway Department is expecting the culvert to be delivered next week. Sferra noted that the plans provided by Clayton appear to show the culvert as an oval and that the approved plan with the OOC show a round culvert. The Commission reviewed the plan and noted that the scale is
exaggerated which may have made the culvert appear as an oval on the plan. Sferra will confirm with Clayton that a round culvert will be used.
Town Forest Dog Incident – Sferra informed the Commission that she has followed up with the Board of Health regarding the Town Forest dog incident. The Board of Health will not hold a hearing because the owner of the dog that was bitten did not request one, but, the Board could discuss the incident during their next meeting on August 27, 2015. Sferra has discussed dog issues at Town Forest with Marcia Rising, Board of Health member, Bruce Trefry and Goring and intends to work with the Police Department to plan a dog rule enforcement day at Town Forest this fall.
Lake Boon Boat Trip – Sferra informed the Commission that Lake Boon resident Don Hawkes would like to take the Commission on a boat trip on the lake on August 22, 2015. The Commission discussed the date and will ask Hawkes to reschedule to September or October to allow more time for scheduling.
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 taken during a site visit by Jacquie Goring on August 18, 2015. The Commission discussed and agreed that the homeowner can remove the silt fence and straw wattles but will require more grass growth prior to issuing a COC.
Notice of Intent (#299-599)
12 Pine Point Road (U-1 #3)
At 7:45 PM Andy Snow opened the public hearing for a Notice of Intent (NOI) filed by James Morin for replacement of a septic system within the 100’ buffer. Morin of Northeast Classic Engineering and homeowner Karen Gray were present for the hearing. Morin informed the Commission that during a septic system maintenance visit at 12 Pine Point Road a hydraulic failure was identified. Morin noted that he had conducted a file review at the Board of Health and the Conservation office and has conducted soil testing at the property. Water was encountered at 80 to 90 inches below ground surface and a poly barrier will be installed due to the grade. Morin noted that the Commission conducted a site visit last week and identified the site constraints. The current septic system is located on a small plateau currently used as a bark mulch patio
area. The remaining area to the lake edge is very steep and the location of the well and garage does not allow for placement of the septic system across the street. All abutting wells are 100 feet from the proposed septic location.
Morin noted that Commission members requested changes or additions to the plan prior to the hearing including stabilization details, grading details, abutting well distances and erosion controls. Morin proposed using wood chips as stabilization, noted that no grading is proposed, and will use silt fence and straw wattles for erosion control. The proposed plan was submitted to the Board of Health but has not been reviewed by the Health Agent, Bill Brookings.
Serena Furman and Sandra Grund conducted a site visit. Furman displayed photos and described the property as very steep and narrow. Furman confirmed that the current septic system is located on a small plateau next to the house which is used as a wood chip patio area. An area of the retaining wall was removed to allow a small excavator to access for testing. Morin noted that the homeowner has not decided on a plan for the retaining wall opening. Furman reviewed alternatives discussed in the field; including installing the septic across the street which was not feasible due to the proximity of the property’s well. Furman observed during the site visit that the hillside is weeping and cattails are growing on the slope. The Commission discussed the lack of alternatives and the proximity of the septic system to the lake (a preexisting
condition).
Morin noted that there is currently only stair access to the home and the homeowners would like to keep an area of the retaining wall open for a woodchip path for access for a dolly or similar deliveries. The Commission discussed using wood chips for stabilization on a steep slope (3:1) and recommended plantings or grass instead. Gray noted that the area is shaded and grass will not grow. Morin stated that the opening in the retaining wall is currently 12 feet and that the homeowner would like a four foot wide path to allow dolly access.
Few invasive species were identified during the site visit including a small amount of bittersweet. Morin noted that the Grays have been working on the invasives on the property. The Commission discussed the public benefit of replacing the septic system given the hydraulic failure. Morin confirmed that the poly barrier will be permanent and required by Title V for this system design. The barrier will be located two feet off of the retaining wall and installed from one to four feet below grade. The Commission recommended that the 12 foot opening be reduced to 4 feet and planted with a low, shade tolerant ground cover with plantings on either side. The Commission confirmed with Morin that no trees are proposed to be removed.
Cortni Frecha made a motion to close the public hearing for a Notice of Intent filed by James Morin for a septic system replacement. Serena Furman seconded the motion and it was passed unanimously.
Request for Determination of Applicability
Stow Conservation Department – South Acton Road/Tuttle Lane – (R31/15 and R31/2-2B, R21-43)
At 8:00 PM Andy Snow opened the public hearing for a Request for Determination of Applicability (RDA) filed by the Stow Conservation Department for invasive species management. Kathy Sferra and Jacquie Goring were present as representatives for the Stow Conservation Department. Goring informed the Commission that she and Sferra met with Chris Polatin of Polatin Ecological Services at the Captain Sargent property to review the project and potential treatments. A Request for Proposal (RFP) was sent to three invasive species management contractors the previous week which included a copy of the RDA. Goring reviewed each species/infestation area and the suggested treatment methods. Treatment methods include mechanical removal, foliar flaming (propane torch), and target herbicide application. Wherever possible, herbicide will be applied using stem
injection, cut and treat, and foliar wiping. Foliar spraying will be conducted when wind speeds are less than 10 miles per hour and drift control agent will be used. Herbicide will be applied to moisten the leaves but not to the point it is dripping off the plant. Adjacent to wetlands, a wetland approved herbicide (Rodeo) will be used. All herbicide application will be completed by licensed pesticide applicator. The Commission discussed herbicide treatment in proximity to wetlands, including Japanese knotweed and barberry. Sferra noted that the specific treatments will be selected by the company awarded the project. Sferra and Goring discussed the potential for treatment trials on the barberry patch including mechanical removal, foliar flaming and herbicide application. The Commission suggested creating some signage to note the work in progress, and asked about replanting or reseeding of areas where invasives are removed.
Ingeborg Hegemann Clark made a motion to close the public hearing for a Request for Determination of Applicability filed by the Stow Conservation Department. Doug Morse seconded the motion and it was passed unanimously.
Appointment – Ridgewood AAN, Boxboro Road – Meeting with Applicant
Cortni Frecha recused herself at 8:45 PM.
Greg Roy of Ducharme & Dillis, Mark Manganello of LEC Environmental Consultants, and Tony Casapulla of Toll Brothers were present. Roy provided the Commission letters from LEC and Ducharme & Dillis with updates on the project and wetland delineation. Roy reminded the Commission that the OOC was extended for one year to November 2015 and required the wetland line be reassessed if another extension was requested. Toll Brothers hired LEC to review the wetland delineation. Manganello stated that surveyors had reset the flags in the field and he reviewed the flagging and soils and noted no substantial changes to the wetland line in the field. Manganello noted that he reviewed soils where vegetation appeared above the wetland line. Roy requested that the Commission extend the OOC for three years, until November 2018, to avoid the need to
come back for an extension during construction.
Roy also requested that the Commission approve the proposed changes for the project as a minor modification. Roy displayed previously approved and updated plans side by side for the Commission with impacts to the areas of the Commission’s jurisdiction highlighted on each plan. The updated plans include the same number of units with a smaller overall footprint. Other changes to the plan include eliminating three proposed spur roads, shortening the length of the cul-de-sac and removing the units along the back side of the cul-de-sac. Roy noted that no changes have been made to the grading, buffer zone impacts or drainage from the approved plan and that three retention basins have been removed. Roy noted a clubhouse and pool is proposed outside of the Commission’s jurisdiction. The net impervious coverage is reduced by 1.5 acres and
net clearing is reduced by 4.5 to 5 acres with the updated plans. The Commission discussed the limit of work, pool backwash concerns, and potential encroachment issues. The Commission reviewed the plans and discussed delineating the property boundaries by using boulders or split rail fence, especially in the area closest to the buffer.
Ingeborg Hegemann Clark recommended to the Commission that with the reduction of the footprint and impervious cover, that the possibility for a reduction in retention basins could be made to minimize the encroachment within the 35’ no disturb buffer. Roy noted that the approved plan included six retention basins and three are now proposed. Hegemann Clark recommended a more formal careful review of the drainage, and changes to elevations and erosion and sedimentation controls. Sferra noted that Sue Carter has not provided her review of the proposed changes to date. The Commission discussed concerns with approving the proposed changes and the extension of the OOC.
Ingeborg Hegemann Clark made a motion to extend the Order of Conditions #299-451 for three years until November 2018. Doug Morse seconded the motion and it was passed unanimously.
The Commission discussed the request to approve the proposed changes to the project and determined that they would like to see Sue Carter’s comments. The Commission approved the OOC in 2006 and feels that it would be appropriate to review the new plans to determine if there may be other improvements to be made after 9 years. Hegemann Clark will review the Operations and Maintenance (O&M) Plan. Roy will provide new plans and supporting documents to the Planning Board and Sferra this week.
Cortni Frecha, resident of 203 Boxboro Road, noted that the Planning Board held a public forum to review the changes to the plan and that it may be appropriate for the abutters to hear the process with the Commission. The Commission noted the Conservation Commission’s jurisdiction is much more limited than the Planning Board and the changes with the clubhouse are outside of their jurisdiction. The Commission noted that delineating the property lines from the buffer to avoid encroachments should be considered. Casapulla noted that placards could be used to delineate the buffer lines. Roy agreed to attend the September 1, 2015 meeting to continue the discussion on the proposed changes.
Cortni Frecha returned at 9:15 PM.
Order of Conditions (#299-599)
12 Pine Point Road (U-1 #3)
The Commission reviewed and amended a draft of the Order including details that the current septic system had a hydraulic failure, the bank is to be rebuilt with a long term more durable low ground cover with a four foot path, and silt fence be added to the erosion control plan. The Commission discussed the erosion control placement and will note that additional erosion controls may be required after the site visit.
Serena Furman made a motion to approve and issue the Order of Conditions for the Notice of Intent filed by James Morin for septic system replacement within the 100’ buffer. Cortni Frecha seconded the motion and it was passed unanimously.
Request for Determination of Applicability
Stow Conservation Department – South Acton Road/Tuttle Lane – (R31/15 and R31/2-2B, R21-43)
Ingeborg Hegemann Clark made a motion to approve and issue for a Negative #3 Determination of Applicability for the project. Serena Furman seconded the motion and it was passed unanimously.
Captain Sargent Agricultural License – Request for Modification to Permit Greenhouse
Sferra informed the Commission that Lenny Rodriquez had requested modifications to his license agreement. Sferra requested that Rodriquez submit a written proposal which Sferra shared with the Commission. Rodriquez would like to erect a 20 by 32 foot greenhouse to start seeds earlier in the growing season. Sferra noted that Rodriquez might be willing to move the chicken coop forward and put the greenhouse behind it, or remove the chicken coop completely but would prefer not to. Sferra noted that the greenhouse would not be a seasonal structure and would not be taken down every winter. Rodriquez proposed to install a propane tank and heater for the green house. The Commission reviewed the proposal and noted that the extra space could be used to store his farming materials and could limit the amount of space he needs for storage around the
field edges. Cortni Frecha noted that the Commission could consider applying for CPA funding to build a barn at the property in the future. Sferra expressed concern about the long-term management and maintenance of such a structure, noting the example of the Flagg Hill Garage. The Commission discussed the proposed greenhouse and recommended Sferra provide Rodriquez their feedback and recommend reconsidering a smaller structure, and one that would not require an outside source of heat. It was also suggested that if he moves forward that there be a defined and staked footprint in which all of this farm equipment and supplies would be kept.
Adjournment
Ingeborg Hegemann Clark made a motion to adjourn the meeting at 9:55 PM. Doug Morse seconded the motion and it was passed unanimously.
The Commission adjourned at 9:55 PM.
Respectfully submitted,
Jacquelyn Goring
Conservation Assistant
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