Stow Conservation Commission
Minutes
September 15, 2015
A meeting of the Stow Conservation Commission was held at the Stow Town Building, 380 Great Road, Stow, Massachusetts, on September 15, 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
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
Serena Furman made a motion to approve the minutes of September 1, 2015 as drafted and amended. Cortni Frecha seconded the motion and it was passed unanimously.
Coordinator’s Report
Upcoming Filings – Sferra informed the Commission that she is expecting three new filings for the September 29, 2015 Commission meeting including a Notice of Intent (NOI) for 269 Boxboro Road and NOIs for 176 and 178 Barton Road which will be filed concurrently. Serena Furman volunteered to lead the Boxboro Road filing and Doug Morse volunteered to lead the two Barton Road filings with assistance from Sandra Grund and Andy Snow.
Lake Boon Boat Trip – Snow updated the Commission on the September 13, 2015 Lake Boon boat trip with Lake Boon resident Don Hawkes. Snow shared that Hawkes included a history of Stow and Lake Boon and gave his perspective of the invasives and where they are located in the different basins. Snow noted the property differences along the shore line and the challenge the Commission faces to have standards for Lake Boon homeowners when filing. Ingeborg Hegemann Clark noted that they observed the extent of the significant wave action and how the different retaining walls and shoreline treatments functioned with wave action. It was suggested that the Commission review the 2006 Lake Boon Shoreline Stabilization Guidance. Commission members also noted that there are few buildable lots left on Lake Boon but many of the retaining walls are
in disrepair and that the differences between vertical and angled retaining walls were observed during the trip. Snow noted that many properties in Hudson have lawn all the way to the Lake. Hawks commented that there are properties in Stow that also have lawn to the shoreline. Jacquie Goring thanked Hawkes for the boat trip and noted that it was very helpful to see the Lake from that perspective.
Giordano – Pompositticut Street – Enforcement Order Follow Up – The Commission reviewed a draft letter to be sent via email and certified mail to John Giordano regarding the Pompositticut Street Order of Conditions. The letter requests that Giordano attend the September 29, 2015 Commission meeting at 7:30 and provide an update on the tree removal and invasive species work. If Giordano does not respond, the Commission will follow up with enforcement action. Sferra noted no work has been completed to date.
Ingeborg Hegemann Clark made a motion to send the letter to Giordano. Sandra Grund seconded the motion and it was passed unanimously.
Brian Martinson of 43 Pompositticut Road asked the Commission if they would follow up with enforcement if Giordano did not attend the September 29, 2015 meeting. Sferra noted that the Order of Conditions (OOC) specified that the work must be completed within three years and that this past year there was no work completed. Cortni Frecha noted that Giordano said he would begin work this past winter but did not due to the weather. Frecha also noted that the fall is a good time to do the invasives removal work. Martinson asked if last year would be included in the three years and if the Commission will issue an enforcement order. The Commission responded that the OOC stated that the work would be completed between 2014 and 2016 and that the Commission will still require three years of invasives management. Martinson noted that he has an issue
with nothing being done on the property.
Lake Boon Commission and Lake Boon Association – Lake Drawdown & Weed Control – Updates and Planning for 2016 and Request for Extension
Sferra noted that the Stow Conservation Commission permit for draw down does not expire until 2017 but the permit with MassDEP expires in 2015 and that the Lake Boon Commission should contact Joe Bellino from MassDEP. Conrad Wharff, Lake Boon Commission; Andy Pollock, Lake Boon resident; Don Hawkes, Lake Boon resident; Theresa O’Riorden, Lake Boon Commission; and Kent Seith, Lake Boon resident were present to discuss the weed control and draw down of Lake Boon. Wharff reviewed the history of the weed control project at Lake Boon which began six to eight years prior to remove Cabomba caroliniana (cabomba) and Myriophyllum spicatum (milfoil). Wharff noted that basin two was infested with cabomba prior to treatment but boat traffic kept the plant mowed below the water level. The Lake Boon Commission received $50,000 of
Community Preservation Act (CPA) funds for invasive species removal in Lake Boon. A barrier was put between basins one and two to increase the concentration of the herbicide to 20 parts per billion (ppb) for 60 to 90 days which Wharff noted removed the cabomba and milfoil. Wharff noted that basins three and four were also infested with cabomba and the Commission confirmed that they observed the severity of the cabomba in the fourth basin during the Boat trip.
Wharff stated that since the major treatment was completed they have been doing maintenance but that is no longer sufficient and next spring additional treatment is necessary. Hawkes noted that last fall he observed individual stands of cabomba coming back. Hawkes and Wharff noted that the treatment should be done when the plants are not full grown and that the tops of the plants turn pink and die off following treatment, stopping the growth cycle.
Pollock stated that basins two, three and four will be treated next year. Hawkes noted that he and Wharff toured the Lake with a representative from Aquatic Control Technology (ACT) who agreed that the Lake will require a lot more treatment and recommended that the contract be structured in a way to allow for more flexibility with the funding. Hawkes also noted that the Lake Boon Commission will be seeking bids soon for another 3 year contract. Wharff noted that Monahan's Cove in Hudson will also require treatment.
Hawkes stated that ACT estimates that $40,000 to $45,000 will be needed for treatment depending on the survey mapping which will be completed this fall. Hawkes noted that in the past the Lake Boon Commission would go to town meeting in May and could not spend the funds until July, at the beginning of the fiscal year, which would miss the most effective treatment window. Hawkes stated that William Wrigley, Town Administrator, noted if the money came from free cash it would be available to spend immediately. Pollack asked the Commission if the OOC could be extended beyond 5 years because ongoing maintenance will be needed indefinitely. Ingeborg Hegemann Clark noted that the Commission is able to grant up to a 5 year extension. The Commission noted that it was helpful to see the invasives from the boat and noted the tightened restrictions on
fertilizer.
The Commission discussed the treatment and maintenance of the invasives and Pollock noted other herbicides and methods could be used to treat smaller infestations. Hawkes noted the significant amount of invasives and weeds in Monahan's Cove and the potential runoff effects from Charter Oaks Golf Course and recommended that the Commission reach out to the Hudson Conservation Commission for brook sampling reports. Pollock noted that the draw down has helped the Lake water quality until mid-August, later in the season than in the past. O’Riorden noted she will update the draw down signs with the new Board of Health contact information. Sferra recommended that O’Riorden call the Board of Health to get a contact from the Nashoba Regional Board of Health office.
Coordinator’s Report
Survey for Kalousidan/OARS land – Sferra reminded the Commission that the Kalousidan/OARS land is transferring to SCT. Sferra and Alison Field-Juma, Executive Director of OARS, met with the abutting land owner to discuss the possible encroachment and survey. The land owner stated they would not contribute to the survey unless they could be ensured that they would be allowed to continue to maintain the cleared areas if they are encroaching. Sferra received quotes for the survey with the lowest bid from Foresite Engineering for $1,600, with 1/3 ($535) proposed to be paid each by Stow Conservation Trust, OARS, and the Stow Conservation Commission. The Commission discussed the cost of the survey.
Cortni Frecha made a motion to pay 1/3 of the survey price. Serena Furman seconded the motion and it was passed unanimously.
Doug Morse arrived at 8:20.
Cortni Frecha recused herself at 8:22.
Greg Roy – Ridgewood AAN, Boxboro Road – Update and Discussion – Minor Modification to Ridgewood Order of Conditions
Andy Snow noted that the discussion regarding Ridgewood is not a public hearing but the Commission appreciates the public attendance. Greg Roy of Ducharme & Dillis and Tony Casapulla of Toll Brothers were present. Roy noted that during the Planning Board meeting the previous week, the Board deliberated and determined the findings and conditions but had not yet issued the decision.
Roy informed the Commission the walking trail from the entrance to the Minute Man Air Field entrance will be completed. Roy noted that the Planning Board is expected to condition that Toll Brothers construct a walking trail inside of the development. Both trails will be built by Toll Brothers. A third trail (Emerald Necklace connection) may be built through the Open Space on the property but will not be constructed by Toll Brothers, which Roy noted is consistent with the 2006 OOC. Sferra noted that the third trail will require a brook or wetland crossing to connect to Marble Hill Conservation area. Roy stated that Toll Brothers recognized the importance of the trails during the previous meeting. The Commission stated that they were pleased that a trail along Boxboro Road will be constructed to allow people to walk safely off the street.
Roy noted that the Planning Board was likely not going to require that the revised plan meet the current stormwater standards but would allow the Commission to determine if any changes should be made to meet the current standards. Roy provided a summary letter to the Commission in response to Sue Carter’s comments and addressed each one with the Commission. Regarding infiltration, Roy noted that soil testing will be completed on the extended retention basin to evaluate soil class and groundwater depths. If the results are favorable, the retention basin could be constructed as an infiltration basin but will not be confirmed until soil testing has been completed.
Regarding Total Suspended Solids (TSS) removal, Roy stated the recommended TSS removal is 80% and described the various Best Management Practices (BMPs) proposed to reach that percentage. Roy noted that TSS removal credits are valued differently under the current stormwater regulations including street sweeping and sump hooded catch basins. The proposed plan includes a stormwater management area with a forebay which sediment can be removed from on a regular basis. Roy noted under the previous stormwater standards the current design plan would achieve an 80% TSS removal but only a 62.5% TSS removal under the current stormwater standards. Roy reviewed proposed plans to increase the TSS removal under the current regulations including additional sediment basins, similar to a septic system design, with multiple compartments to remove sediment
prior to reaching the retention basins. Adding additional sediment basins would increase the TSS removal to 72%. Roy noted he would not change the designed forebays because they were previously designed to retain five times the amount necessary. If soil testing is favorable and stormwater management Area 2 can be designed as an infiltration basin, the TSS removal would increase to 89%. The first basin, a former borrow pit and current isolated wetland, was permitted to be used under the 2006 OOC as a stormwater retention basin. Roy noted that if a double barreled forebay was added it would meet the standards for a stormwater wetland under the current regulations and would reach a TSS removal of 85%.
Additionally, Roy noted that the offset to groundwater will be documented during the soil testing and provided to the Commission. Roy also noted that 72 hour draw down will be met if the basins are constructed as infiltration basins and confirmed that the design from the 2006 OCC would also meet the 72 hour draw down requirement. Groundwater mounding calculations will be required by MassDEP if the basins are constructed as infiltration basins, to ensure that groundwater break out will not occur and form a wet basin. Roy stated that an Operation and Maintenance (O&M) Plan, Illicit Discharge statement and a Long Term Pollution Prevention Plan (LTPPP) will be completed as required by the current stormwater standards. Roy noted that Toll Brothers is willing to complete all of the changes he described to meet current stormwater standards.
Hegemann Clark noted that if conditions vary from what is expected, the Commission would want Roy and Toll Brothers to come back and further amend the OOC. The Commission discussed the 72 hour draw down requirement and Roy confirmed it would be met under the current plan due to the groundwater levels, soil conditions and topography but will be confirmed through soil testing.
The Commission discussed the TSS removal and determined that the OOC should be amended and include Roy’s letter and a condition that if the increased TSS removal percentages cannot be met they must return to the Commission at which time the Commission could require a redesign for a wet basin. Mike Jordan of 166 Packard Road stated he did not understand why rain water is being managed and an irrigation well, which he stated will draw down the aquifer, will be installed. Hegemann Clark clarified that the road and roof runoff will be managed as part of the stormwater management. Jordan stated that on his own property the roof runs off to the grass and did not understand why it needed to be managed. Hegemann Clark stated that the stormwater plan is to manage point source pollution and that the proposed management system will treat the
water prior to entering a wetland. Jordan asked if that water could be used on lawns and Hegemann Clark clarified that it could not be done without cisterns which under the current regulations are not required. Don MacFarlane of 113 Boxboro Road noted he lives downstream from the property and asked if the current design removes salt or lawn fertilizer from the runoff. Hegemann Clark explained that the wet basins will take up the fertilizer and that salt is an issue everywhere and not just to this project.
Hegemann Clark noted that the Commission does the best they can with the developer to meet the stormwater standards. Jordan asked if a phasing plan has been developed. Roy stated there has not been a formal phasing plan but Toll Brothers intends to begin on the loop (Westley Lane). Hegemann Clark explained to the public that the OOC requires a Stormwater Pollution Prevention Plan (SWPPP) to be developed and will include a phasing plan. Roy noted a weekly SWPPP report will be submitted to the Town and that once a site contractor is selected for the job the SWPPP will be completed. MacFarlane expressed concerns about the recent large rain events and stated he did not want silt in his brook. The Commission noted the erosion control plan and the requirement that seeding must be conducted if any significant delays are required.
Roy confirmed a condition requiring revised clearing limits will be included in the Planning Board’s decision. Roy noted that the clearing limits had been set for a reason and reminded the Commission no changes have been made within their jurisdiction. The Commission also noted that Roy and Toll Brothers made an effort to improve the stormwater management but are still unhappy with the amount of clearing.
Ingeborg Hegemann Clark made a motion to approve a minor modification to the Order of Conditions upon receipt a of final plan and to include a copy of the letter provided by Greg Roy and a requirement that the Stormwater Pollution Prevention Plan be submitted to the Conservation Commission. Jeff Saunders seconded the motion and it was passed unanimously.
MacFarlane inquired if the Conservation Commission has an appeal period similar to the Planning Board. Roy noted that a start date has not been set but tree removal will begin soon. Sferra noted the 72 hour notice required prior to starting work for erosion control inspection.
Cortni Frecha returned at 9:12.
Coordinator’s Report Continued
Captain Sargent Agricultural License – Request for Modification to Permit Greenhouse – Sferra informed the Commission that Lenny Rodriquez purchased his greenhouse already and it is currently disassembled and at the Captain Sargent property. Rodriquez requested a meeting with the Commission and Sferra recommended that Rodriquez should meet with Snow and herself at Captain Sargent as a next step. Sferra and Snow will set a meeting with Rodriquez.
DiPietro/Maple Street Violation – Sferra informed the Commission that the Stow Police Department has notified us of a court date for October 23, 2015.
Ridgewood Open Space – Sferra informed the Commission that Toll Brothers informed Stow Conservation Trust (SCT) that they will not be contributing Open Space funds as requested by SCT. Toll Brothers will have three options to donate the Open Space to a non-profit organization such as SCT, the Town of Stow, or to a Home Owners Association through a Conservation Restriction (CR). The Commission discussed the Open Space and determined if SCT does not take the Open Space the Commission would like the option to own it.
Invasive Species Removal Project – Jacquie Goring updated the Commission on the invasive species removal project. Polatin Ecological will likely begin the knotweed removal next week.
FY 2016 Work Plan – The Commission reviewed the FY 2015 approved work plan, the proposed FY 2016 work plan and the draft Open Space and Recreation Plan action page. The Commission discussed priorities for FY 2016 including revising the local Bylaw regulations and fee schedule, developing a standard OOC and key conditions, updating the knotweed survey complete by Serena Furman, dog enforcement days and planning for an accessibility project on Conservation land. The Commission also discussed potential Eagle Scout projects including a deer ex-closure and hand rail installation as well as creating a blue trail system.
Erosion Control Inspections – Sferra informed the Commission erosion control inspections were conducted following recent heavy rains at 41 Hale, Pompositticut School, and Delaney Bridge. Cortni Frecha noted concerns about the erosion controls at 41 Hale in relation to the 35’ no disturb buffer. Sferra will conduct a follow up site visit and review the OOC for 41 Hale.
Adjournment
Ingeborg Hegemann Clark made a motion to adjourn the meeting at 10:05 PM. Sandra Grund seconded the motion and it was passed unanimously.
The Commission adjourned at 10:05 PM.
Respectfully submitted,
Jacquelyn Goring
Conservation Assistant
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