Stow Conservation Commission
Minutes
September 29, 2015
A meeting of the Stow Conservation Commission was held at the Stow Town Building, 380 Great Road, Stow, Massachusetts, on September 29, 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
Cortni Frecha made a motion to approve the minutes of September 15, 2015 as drafted and amended. Sandra Grund seconded the motion and it was passed unanimously.
Discussion – Giordano – Pompositticut Street – Schedule for Compliance with Order of Conditions – Sferra provided the Commission with email correspondence with Giordano regarding the tree removal and invasive species work. Giordano stated in his email to Sferra that the tree removal was scheduled for the next week and invasive removal is scheduled for the following week. Sferra notified Giordano that the office is closed the week of October 5, 2015 and a pre-meeting is required under the Order of Conditions. Steve Poole was present and noted he had not spoken to Giordano regarding the tree removal and invasives work. Sferra noted that she was contacted by an abutter who may be interested in purchasing the property. Sferra informed the resident that the responsibility for the tree removal and invasive removal
would transfer to them if they purchased the property. The Commission discussed the updated schedule provided by Giordano and will include an update on the next agenda at which time enforcement will be discussed if work has not been completed. Sferra will contact Giordano and request contact information for the tree and invasive species removal contractors.
Coordinator’s Report
Lake Boon Draw Down – Sferra updated the Commission that the Lake Boon Commission requested that the Highway Department remove the first board and begin drawdown.
Track Road Kiosk – Sferra informed the Commission that the Track Road kiosk was vandalized last week. Sferra filed a Police report. The Commission discussed the recent kiosk damage/potential vandalism and last winter and recommended installing a bollard to protect the kiosk and installing a camera.
Invasive Removal Project – Sferra informed the Commission that the invasive removal work had begun the previous week. Sferra displayed photos of the knotweed on Tuttle Lane before and after treatment.
Erosion Control Inspections – Sferra noted that she conducted erosion control inspections at several properties in advance of the forecasted rain. Sferra also noted that she had contacted the owners of 41 Hale regarding the condition in the Order of Conditions that chemicals cannot be stored within the 35’ buffer after observing a container of herbicide stored within the 35’ buffer.
Captain Sargent Agricultural License – Request for Modification to Permit Greenhouse –Sferra and Andy Snow will set a meeting with Rodriquez to review the plan for the greenhouse.
Cortni Frecha recused herself at 7:45.
Notice of Intent (#299-0600)
269 Boxboro Road (R-19 #10A)
Rich Harrington of Stamski and McNary, Inc., Ryan MacComber of Sudbury Design and Carole Sureau, property owner of 269 Boxboro Road were present. Harrington displayed the assessors map for the property which is a total of 36 acres of which 31 acres are included in a Conservation Restriction (CR). Harrington also displayed plans for the project including Heath Hen Meadow Brook, the 200’ River Front Area buffer, 100’ buffer, 35’ no disturb buffer and the proposed driveway and garage. Proposed work includes removing the existing pavement, repaving, extending a driveway, adding a k-turn, removing an existing retaining wall, minor regrading and installing a garage. A generator will be installed with propane tank locations meeting the minimum setbacks from the buildings. Harrington reviewed the alternative analysis noting the goal to have the two garages near each other and the need for better snow management. Harrington discussed the grading and paving changes and proposed tree removal.
Serena Furman conducted the site visit and described the site and reviewed photos with the Commission. Furman noted that the majority of the work is on one side of the existing garage with the exception of the addition of a small six by eight foot k-turn. Furman observed a french drain located in the path to the backyard which Sureau confirmed drains to the backyard. Harrington confirmed that a siltation device can be added in front of the drain. Furman noted the slope of the lawn area and steep fifteen to 20 foot drop off to Heath Hen Meadow Brook and the proposed eight inches of grade filling. The Commission discussed the grade changes and MacComber noted that the goal was to minimize the site work to maintain the existing slope. MacComber also noted there is known ledge on the site and that they are building up the driveway rather than
lowering the grade. A 24 inch white pine, an eight inch white pine and a ten inch maple are proposed to be removed. Prefabricated pads will be installed for the proposed generator and above ground propane tank located ten feet from the structure. Furman noted that the wetland flags were reviewed during the site visit and are located along the bottom of the slope at Heath Hen Meadow Brook. Furman also noted that she had also observed bittersweet and multiflora rose in the area of the proposed tree removal and that a play structure is proposed to be removed.
The Commission discussed the proposed work and the percentage of the riverfront area proposed to be disturbed. Hegemann Clark noted to Harrington that the disturbed area of river front is added cumulatively and that the proposed 3.1% is part of the total allowable 10% for the current and future projects. Hegemann Clark also noted that the proposed work seems to meet the performance standard and the alternative analysis provided with the Notice of Intent was sufficient. Furman requested that Harrington add the additional erosion controls for the drain onto the plan.
Ingeborg Hegemann Clark made a motion to close the public hearing for a Notice of Intent File No. 299-0600 filed by Carole Sureau for the construction of a driveway and garage. Serena Furman seconded the motion and it was passed unanimously.
Cortni Frecha returned at 8:05.
Notice of Intent (#299-0602 and #299-0601)
176 Barton Road and 178 Barton Road (U-2 #20 and U-2 #21)
Greg Roy of Ducharme & Dillis; Larry Smith, property owner of 176 Barton Road and David Sierwierski, property owner of 178 Barton Road were present. Roy displayed plans for 176 and 178 Barton Road and noted that Smith purchased 176 Barton Road from Sierwierski and agreed at that time to complete shoreline stabilization measures at 178 Barton Road as part of the sale. Roy reviewed the proposed work for 176 Barton Road and displayed plans which included the existing structure on the property that was built over the edge of a steep slope. Commission members noted that they had seen this property during their recent boat trip on Lake Boon. Roy informed the Commission that the existing house has not been occupied since 2006 and is not salvageable. The existing house is eight to ten feet from the shoreline and resting on concrete foundations
and a series of I-beams. Roy displayed plans including the 100’ buffer and proposed driveway, detached garage, and septic system all located outside of the 100’ buffer. The proposed house and patio is located outside of the 35’ no disturb buffer. Roy noted no grade changes will be made to the slope and there will not be a walk out access from the basement. Roy described the proposed access to the lake including removing the existing house and foundation and restoring the slope with juniper or other slope stabilization plantings. Roy noted that the existing well house will also be removed and the area will be planted with juniper.
Roy displayed plans for a walkway access to the lake shore which includes a deck seating area by the water located in the area of the lower foundation in a previously disturbed area. Roy described the proposed walk way system over the 20 to 25’ grade change which will be elevated on sono tubes. Roy also described the proposed shoreline stabilization and noted that there is not currently any shoreline stabilization at the property and is in an area of heavy boat traffic. Roy proposed a natural rock system with a 1:1 slope similar to what is described in the Lake Boon Shoreline Stabilization Guideline. A retaining wall will be constructed to replace the existing damaged building foundation.
At 178 Barton Road, a natural rock system with a 1:1 slope is proposed along the shoreline until it meets the existing retaining wall where a one foot cinderblock and mortared wall will be installed. Additional proposed work includes rebuilding the existing walk way, terracing and retaining walls. Roy noted that the four trees in the area of proposed work will remain and the homeowner would like to plant ground shrubs and flower beds in the terraced areas.
The Commission discussed the work proposed in the 35’ no disturb buffer at 176 Barton including the proposed tree removal. Roy noted that the tree removal is needed to remove the existing house and pump house and to preserve views. The Commission reviewed photos of the site and expressed concerns about the amount of work proposed in the 35’ no disturb buffer. Roy noted that the well is proposed within the 35’ no disturb buffer in order to meet the 100’ set back to the abutting and proposed septic systems. The Commission discussed the removal of the pump house and the proximity to the shoreline. Smith noted he would like the pump house completely removed to prevent it from falling into the Lake.
Doug Morse conducted a site visit and noted that the slope is extremely steep and the existing house is dilapidated. Morse also noted that the slope is wooded with mostly small trees and fewer large trees. Roy noted that soils on the property are sand and gravel and that the foundation closest to the water cannot be reused for decking. Morse noted that a crane will likely be required to remove the existing house to prevent it from falling into the lake rather than pulling it back onto the property with an excavator as was suggested at the site visit. Roy stated that offsite soil removal is not expected due to minimal grading required for the proposed work.
Roy reviewed the proposed work between the 35’ no disturb buffer and 100’ buffer which includes the proposed house, at-grade patio, and a one to two foot high retaining wall at the top of the slope. The proposed driveway, walkways, and roof run off infiltration system are located outside of the 100’ buffer. Proposed plantings include evergreens between the 35’ no disturb buffer and 100’ buffer and high bush blueberry, serviceberry, and juniper within the 35’ no disturb buffer. The Commission expressed concerns about planting junipers which require significant sun exposure on the wooded slope. Roy noted that if the proposed tree removal is permitted the slope would have additional sun exposure.
The Commission discussed the proposed walkway system and the Lake Boon Shoreline Stabilization Guidance which states only a meandering path should be created within the 35’ no disturb buffer. The Commission discussed moving the proposed walkway in the area of the existing house to maintain the undisturbed area of the slope. Smith noted the benefits of the proposed work including removal of the existing dilapidated house and construction of 250’ of erosion barrier along the shoreline. Smith also noted that in recent year’s boats on Lake Boon are larger and displacing more water, causing significant erosion in the area of the two properties. Smith stated that he is concerned that the concrete pump house will fall into the lake. Smith also noted that removing the existing septic system and replacing it with a Title V
compliant system out of the 100’ buffer and installing a roof infiltration system will benefit the lake. Smith also stated that he is not taking the opportunity to rebuild within the same footprint as the existing building which is currently within the 35’ no disturb buffer. Smith explained that these advantages to the lake and community should be significant public benefits to remove the trees as proposed. The Commission inquired why the tree removal is proposed and Smith stated for views and to complete the proposed work. The Commission noted to Smith that providing views is not a public benefit and that the pump house could be removed by hand. The Commission also noted that trees provide stabilization for the bank and habitat for wildlife. Roy noted that stump grinding is not proposed for trees to be removed in the 35’ no disturb buffer. The Commission noted that although a significant amount of thought went into the Guidelines, that precedence regarding the 35’ no disturb
buffer has been set on other projects at Lake Boon. The Commission discussed moving the proposed walkway and deck system to the area that has been previously disturbed to minimize tree removal.
Sferra noted that she would encourage other Commission members to visit the site. DEP had responses to the filing including requiring a habitat evaluation of the bank. Sferra also noted that justification was not provided with the Notice of Intent filing for the 35’ no disturb buffer waiver. The Commission noted that the house and patio are proposed right up to the 35’ no disturb buffer and that there is a significant increase of square footage from the existing to the proposed house. Smith noted that the patio could be constructed smaller than what is proposed. Sferra noted only shrubs and no trees have been proposed for planting.
The Commission requested a sequence of construction be provided for the proposed work. Sierwierski noted that the trees along the bank do provide a sound barrier from boat noise. Cindy Curley of 166 and 194 Barton Road noted that boats have significantly changed and that the area is used by water skiers to swing around the entrance to the next basin. Curley also noted that there are new boats for surf boarding and that she has raised the height of her docks every year to protect them from the increased wave action. Sierwierski noted that he hoped the proposed shore stabilization can protect the peninsula from further erosion. The Commission confirmed that the new proposed shore stabilization will allow animal’s access to the lake and shoreline. The Commission noted that they did appreciate the thought that went into the proposed plans.
Sierwierski provided a concept drawing for the work at 178 Barton to the Commission. Sierwierski noted that the area of the proposed work is poorly growing lawn and that he would like some areas of lawn as well as more naturalized plantings. The Commission confirmed with Sierwierski that no trees are proposed for removal and requested that the 35’ no disturb buffer be added to the plan. The Commission recommended that lawn be minimized and low growing ground cover be used. The Commission noted the new regulations regarding the use of fertilizer meant to protect the health of the lake and minimize invasive weeds.
The Commission discussed with Roy the construction sequencing plan and limit of work and requested that a preliminary conversation be had with the contractor and that a final plan would be requested as a condition in the Order if issued. The Commission noted they will require any plan changes to be brought to the Commission for approval. Roy asked what the Commission will require for a habitat evaluation and the Commission referenced the guidelines provided in the regulations.
Cortni Frecha made a motion to continue the public hearing for Notice of Intent File No. 299-0601 and 299-0602 filed by Larry Smith to October 20, 2015 on or after 7:30 PM. Doug Morse seconded the motion and it was passed unanimously.
Plan Modification for Delaney Street Bridge
The Commission discussed the Highway Department’s request to modify the plans at the Delaney Street Bridge and a recent site visit to review the work. It was felt that five culverts still provided for an improvement in opportunities for wildlife passage. Installation of six culverts would require extensive work that could be detrimental from an environmental standpoint, due to the requirement for culvert spacing.
Ingeborg Hegemann Clark made a motion to approve the plan modification for Delaney Street Bridge to install five of the six proposed culverts due to field conditions. Serena Furman seconded the motion and it was passed unanimously.
Certificate of Compliance – 107 Harvard Road – Sferra and Hegemann Clark conducted a site visit and confirmed that stone was added along the driveway, the wood pile was removed as requested and the required plantings were completed. The Commission discussed the plantings and future maintenance. The Commission would like to talk to the new homeowners and discuss what was completed and their jurisdiction.
Cortni Frecha made a motion to issue a Certificate of Compliance for 107 Harvard Road. Ingeborg Hegemann Clark seconded the motion and it was passed unanimously.
Coordinator’s Report Continued
Survey for Kalousidan/OARS land – Sferra informed the Commission that the house on the abutting property is not over the property line of the Kalousidan/OARS land. Sferra noted that she had met with Stow Conservation Trust and OARS to discuss next steps and to review the survey line for encroachments. SCT will take the lead on discussions with the homeowners and will request that the shed and a portion of a stone wall be moved out of the conservation land and that a line of native plantings such as blueberries be planted along the property line to prevent continued mowing.
Town Forest – Beavers – Sferra displayed photos of the normal water level at the Town Forest bridge and photos of the recent beaver dam issues. Sferra informed the Commission that the Highway Department is removing material from the bridge daily and the beavers are returning nightly to replace what was removed. Sferra informed the Commission that the Highway Department has requested that the Commission apply for a 10 day permit to trap beaver at Town Forest. Sferra noted that beaver trapping is allowed without a permit starting on November 1. Frecha inquired how the beaver are killed and asked if they could be relocated. Sferra confirmed that it is illegal to relocate beaver and that the method recommended to the Highway Dept. was drowning. Grund provided the Commission with a white paper on her research regarding beaver
euthanasia methods. Grund contacted a biologist from Massachusetts Division of Fisheries and Wildlife who confirmed that drowning, while acceptable, is the least preferred method for euthanizing beaver. Grund also contacted an animal welfare scientist from the Animal Welfare Division of the American Medical Veterinary Association (AVMA) whose position is that drowning is not a means of euthanasia and is inhumane. Sferra indicated she had discussed this with Scott Morse from the Highway Department. Sferra shared his rationale explaining the difficulty that the Highway Department would have shooting the trapped beaver including having to remove the trap and bring it offsite. Sferra also noted that most Highway employees don’t have a firearms license and that the Highway Barn in too close in proximity to houses and the roadway to bring the beaver there to dispatch it. The Highway Department recommended to Sferra that the Commission hire a trapper if they do not agree with their
trapping methods. Sferra noted that signage will be posted near the bridge area warning dog walkers of the trapping. Sferra noted that there are limited options at this point due to time constraints but would like to research using flow control devices at Town Forest in the future and the potential for hiring an outside trapper. Snow noted that immediate action must happen now but an alternative should be found for the future and should be included in our FY 2016 Work Plan.
Ingeborg Hegemann Clark made a motion to approve the request for a 10 day trapping permit for beaver at Town Forest. Jeff Saunders seconded the motion and was passed 4-0 in favor, with three abstentions. Cortni Frecha, Serena Furman and Sandra Grund abstained.
Cortni Frecha recused herself at 9:55.
Orders of Conditions (#299-0600)
269 Boxboro Road (R-19 #10A)
The Commission reviewed and amended a draft of the Order and required that the plan be revised to include silt fence at the end of the grated drain located in the grass path leading towards the backyard.
Serena Furman made a motion to approve and issue the Order of Conditions filed by Carole Sureau for the construction of a driveway and garage. Sandra Grund seconded the motion and it was passed unanimously.
Cortni Frecha returned at 10:15.
Adjournment
Serena Furman made a motion to adjourn the meeting at 10:15 PM. Cortni Frecha seconded the motion and it was passed unanimously.
The Commission adjourned at 10:15 PM.
Respectfully submitted,
Jacquelyn Goring
Conservation Assistant
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