Stow Conservation Commission
Minutes
September 1, 2015
A meeting of the Stow Conservation Commission was held at the Stow Town Building, 380 Great Road, Stow, Massachusetts, on September 1, 2015 at 7:30 in the evening.
There were present: Andy Snow, Chair
Serena Furman, Vice-Chair
Cortni Frecha
Sandra Grund
Jeff Saunders
Ingeborg Hegemann Clark
Absent: 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
Cortni Frecha made a motion to approve the minutes of August 18, 2015 as drafted and amended. Sandra Grund seconded the motion and it was passed unanimously.
Coordinator’s Report
Lake Boon Boat Trip – Sferra reminded the Commission that the Lake Boon Boat trip is scheduled for Sunday September 13, 2015 at 11:00 AM. Sferra will send out a reminder when the date gets closer.
Open Space and Recreation Plan – Sferra informed the Commission that the Open Space and Recreation Plan draft is done and that the Open Space and Recreation Plan Committee will be conducting a final review during their next meeting. Sferra will provide copies to the Commission during the September 15, 2015 Commission meeting. The Open Space and Recreation Plan public forum has been scheduled for October 15, 2015.
Hemenway Farm Remediation – Sferra updated the Commission on the Hemenway Farm Remediation. The consultant contacted Sferra regarding the installation of two additional piezometer wells by hand in the wetland. Two piezometer wells have been previously installed by hand in the wetland. Sferra approved the installation and recommend that the property owner, Mark White, attend an upcoming Commission meeting to provide an update on the status of the remediation.
Upcoming Commission Meetings – Sferra informed the Commission that she has not yet received any filings for the September 15, 2015 Commission meeting but is anticipating a filing for a carriage house on Boxboro Rd.
Dog Incident – Sferra provided the Commission a letter from an individual involved in a dog altercation at Captain Sargent Conservation Area. The letter was also sent to the Board of Health, Animal Control Officer, Stow Chief of Police William Bosworth, The Stow Independent, and the individual’s lawyer. The Animal Control Officer ticketed the dog owner $25.00 for not having the dog under control. Sferra will follow up with a reply letter.
Aiden Gross – Town Forest Eagle Scout Project
Aiden Gross was present to update the Commission on the completion of his Eagle Scout project in Town Forest. Gross provided before and after photos of the work and proposed items to include in the newly constructed kiosk. Gross completed fire pit improvements and installed new benches, a picnic table and kiosk. Gross used an oak tree that was previously cut for the benches and carried the logs down to the fire pit using log lifters. The logs were stained for weather proofing. Gross met with Sferra and Bruce Trefry, Land Steward, to review the work. Gross stabilized the kiosk as requested by Sferra and Trefry. The Commission reviewed the information proposed to be included in the kiosk and recommended minor changes. Gross completed the work over six to eight days with help from his family and other Scouts. Sferra signed off on the project
for Gross. The Commission thanked Gross for his hard work and commitment to improving the community.
Ingeborg Hegemann Clark arrived at 7:55 PM.
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 September 1, 2015. Goring recommended a Certificate of Compliance be issued.
Ingeborg Hegemann Clark made a motion to issue a Certificate of Compliance for 50 Hiley Brook Road. Cortni Frecha seconded the motion and it was passed unanimously.
Dog Incident (cont’d)– Cortni Frecha recommended that the Commission could post that dogs are walked off leash at the various Conservation areas that allow dogs off leash. Sferra noted that Town Forest has a large sign including the dog rules and that Captain Sargent does not have a kiosk. Sferra stated that a laminated sign on a post could be used but there are many trail access points to each property. Sferra also noted that the Board of Health and Animal Control Officer would like leashes to be required on Town Conservation Land. The Commission discussed the fine amount for ticketing and noted that many other areas that require leashes have dogs walked off leash. The Commission noted that they may have to adopt a leash requirement on Town Conservation land but it will not solve the problem. The Commission will
continue to evaluate its regulations.
Greg Roy – Ridgewood AAN, Boxboro Road – Update and Discussion – Minor Modification to Ridgewood Order of Conditions
Cortni Frecha recused herself at 8:00 PM.
Greg Roy of Ducharme & Dillis and Tony Casapulla of Toll Brothers were present. Sferra provided the Commission updated plans and Sue Carter’s comments to the Planning Board. Roy updated the Commission on proceedings with the Planning Board since the Commission’s August 18, 2015 meeting. Roy reviewed the changes to the plans including road profile changes, utilities and landscape plans. Roy also noted there are no new changes within the Commission’s jurisdiction. Roy stated that the roadway layout is the same as the approved plan under the current 2006 Order of Conditions (OOC) with the exception of shorter spur roads as a result of eliminated/consolidated housing units. Roy noted that the Planning Board has closed the hearing and they have reviewed Sue Carter’s comments. Roy also noted that the Planning
Board will issue a decision requiring plan revisions and that he would like to complete only one additional plan revision after their decision. Sferra noted that if the Commission is going to vote a minor modification it should be on the final plan.
Sferra requested that the updated plans show the 35’ no disturb buffer. Sferra noted that Carter recommended that the limit of clearing be revised in a number of areas that do not appear necessary to be cleared on the revised plans. Roy explained that Toll Brothers would like the right to clear the areas shown on the plan and reminded the Commission that the clearing is not within their jurisdiction. The Commission discussed their concerns regarding the directional drilling including the soil conditions, depth, and potential breakthrough into the wetland. Roy stated they had been advised by a driller on the directional drill and that the drilling will be five feet below the wetland and will use Ground Penetrating Radar as included in the 2006 OOC. Sferra noted that the potential irrigation well is set very far back and a large amount
of clearing has been proposed on the revised plan for the potential irrigation well. Roy noted that clearing to the limits proposed on the plan is not likely; however, Toll Brothers would like to have to ability to stockpile material for construction. Roy also noted that the well is proposed to be used for irrigation but could meet drinking water standards although the plan is still to connect to Minute Man Air Field but a water agreement is not yet in place. Sferra noted that it does not seem necessary to clear as much as has been proposed on the revised plans and that it is assumed that the clearing will take place if it is included on the plan and the erosion controls are installed as shown.
Sferra requested clarification on the trail included on the revised plans in comparison to the plans referenced in the 2006 OOC. The revised plans call for a trail along the length of the wetland and includes a note that the trail would be located outside of the 35’ no disturb buffer or within the 35’ no disturb buffer where it could not fit outside of the buffer. The Commission’s decision requires the trail to be located outside the buffer. Sferra noted that her understanding was that two trails would be on the property including a trail to connect to the Emerald Necklace and a walking path from the entrance of Ridgewood to Minute Man Air Field. The Commission discussed the discrepancy on the trails and the location. Sferra noted that connecting to Minute Man Air Field would be an amenity to residents allowing them
to walk to the Air Field and not be constrained to walking only on the property. Roy noted that the Planning Board allowed a payment to be made to the sidewalk fund in lieu of constructing the trail along Boxboro Road. Casapulla confirmed that Toll Brothers had decided to make payment in lieu of the walking path but would reconsider. Roy noted that the trails were never proposed to be constructed as part of the project but Toll Brothers are sensitive to the fact that the Commission would like to preserve the ability to have trails on the property. Roy also noted that the Planning Board has given Toll Brothers the right to make a payment to the sidewalk fund in lieu of not building a sidewalk along Boxboro Road. The Commission noted that they understand that the Planning Board will allow the option, but, there is a draw to make Stow a walkable community and that the 2015 Open Space and Recreation Plan survey results were clear that residents would like more trails and sidewalks. The
Commission also noted that in other similar over 55 communities, trails are an amenity for residents.
Cortni Frecha, resident of 203 Boxboro Road, noted that Boxboro Rd is terrifying and very hard to walk along and that it may be a nice gesture to the neighborhood to build a sidewalk or trail along Boxboro Rd. Sferra shared a map of Open Space lands in Stow with Roy and Casapulla and noted that the largest conservation land parcel in Stow, Flagg Hill, is within walking distance to Ridgewood. Roy noted that the previous developer proposed the trail to Minute Man as an alternative to a sidewalk across the frontage of the property or a payment to the sidewalk fund which was previously approved by the Planning Board and included in the 2006 OOC. Sferra clarified for the Commission that SCT will own the Open Space and the Conservation Commission will have a Conservation Restriction (CR). The Commission was not clear on the trails included in the
Order or on the previous plans and Sferra will review the plans included with the 2006 OOC and associated meeting minutes.
Carter’s comments recommended that the Planning Board should determine if the drainage should be brought into compliance with the current stormwater regulations. Ingeborg Hegemann Clark noted Carter’s comment regarding stormwater regulation changes and asked Roy how significant those changes are and if an analysis has been done to compare them. Roy stated that an analysis had not been done but noted regulation changes including calculating Total Suspended Solids (TSS), Best Management Practices (BMPs) for TSS, requirements for construction period pollution prevention plans and long term pollution prevention plans, and updated BMPs for wet basins, grass swales, and water quality swales. Roy stated that he did not think the regulation changes would significantly change the stormwater design for the property. The Commission
discussed the changes to the plan including the impervious area and the difficult soil conditions on the property and requested that Roy conduct an analysis on the stormwater regulation changes. Roy noted that he reviewed Carter’s comments and has begun looking at how to modify the stormwater designs to be in compliance with TSS BMPs, recharge, and changes to the Operation and Maintenance (O&M) Plan requirements. Hegemann Clark noted that the 2006 Order included requirements for long term maintenance plan. Roy confirmed the updated stormwater regulations require a separate O&M, pollution prevention, and illicit discharge plans. Hegemann Clark reminded Roy changes to the drainage system to comply with the current stormwater regulations would have been required if the OOC was not extended. Roy noted that the project is permitted under the 2006 OOC and could be started but Toll Brothers did not want to be adversarial. Hegemann-Clark noted that changes are requested that
could affect resource areas. Toll Brothers was aware there would be comments from Carter which is why they requested to meet with the Commission following Carter’s report.
The Commission noted their concerns regarding trails and the stormwater and drainage design. The Commission requested that Roy resubmit plan 16A which included the trails from the 2006 OOC. The Commission discussed necessitating minor modifications to the OOC or referencing a different plan. Roy confirmed he will review the drainage and suggested a working meeting regarding the drainage to revise the plan a final time. Sferra recommended a conference call with Roy, Carter, Clark, and a Planning Board representative as an interim step prior to meeting with the Commission again to avoid discrepancies between the Planning Board and Conservation Commission decisions. Roy noted that Toll Brothers does not want to be caught between requirements of both Boards. Roy noted he appreciated the feedback and time from the Commission.
Cortni Frecha returned at 9:04 PM.
Invasive Species Project Bids – Sferra informed the Commission that the deadline for the Invasive Species Project Request for Proposals (RFP) was August 31, 2015. Sferra provided the Commission the proposals received from Polatin Ecological Services, LLC and Native Habitat Restoration, LLC. Polatin Ecological proposed a total cost of $29,050 and Native Habitat Restoration proposed a total cost of $91,885. The third contractor did not respond to the RFP. $25,000 of CPA funds was approved at town meeting for the project. The Commission reviewed both proposals and noted that Native Habitat Restoration included large equipment usage, such as a forestry mower for field edges and truck/ATV mounted tank sprayers. Sferra noted that Native Habitat Restoration observed a significant increase in bittersweet in mapped area R-1 which was
surveyed by Polatin in 2014. The area had 10% coverage of bittersweet in 2014 and Native Habitat Restoration observed 80-90% coverage during their site visit on August 24, 2015. Native Habitat Restoration believes that bittersweet vines had been cut by an unknown party but not treated with herbicide which allowed smaller plants to spread significantly. Sferra noted that this change alone would likely not account for the significant cost difference between the two proposals. The Commission discussed the use of heavy equipment, the associated costs, and the benefits of working with less machinery. The Commission also discussed long term maintenance and the use of volunteers included in Polatin Ecological’s proposal. Andy Snow noted that we should make sure the selected company is aware that we have a set budget that we cannot exceed. The Commission discussed the possibility of unforeseen cost and using funds from other areas of the project to address them. Snow also noted
that the Commission should not start work that cannot be finished and that the selected contractor should select key areas to start rather than working on all areas at once. The Commission discussed the invoicing process which Sferra clarified. The selected company will invoice the Commission and then the Commission will approve the invoice and provide it to the Community Preservation Committee for payment.
Serena Furman made a motion to award Polatin Ecological Services, LLC the Invasives Species management project. Sandra Grund seconded the motion and it was passed unanimously.
Adjournment
Ingeborg Hegemann Clark made a motion to adjourn the meeting at 9:20 PM. Serena Furman seconded the motion and it was passed unanimously.
The Commission adjourned at 9:20 PM.
Respectfully submitted,
Jacquelyn Goring
Conservation Assistant
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