Stow Conservation Commission
Minutes
April 21, 2015
A meeting of the Stow Conservation Commission was held at the Stow Town Building, 380 Great Road, Stow, Massachusetts, on April 21, 2015 at 7:30 in the evening.
There were present: Andy Snow, Vice-Chair
Serena Furman
Jeff Saunders
Sandra Grund
Doug Morse
Ingeborg Hegemann Clark
Absent: Cortni Frecha, 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
Sandra Grund made a motion to approve the minutes of April 7, 2015 as drafted and amended. Serena Furman seconded the motion and it was passed unanimously.
Request for Certificate of Compliance – Villages at Stow
Kathy Sferra informed the Commission that George Gallagher had requested a Certificate of Compliance for both the gas line installation in Route 117 and the Villages at Stow project. Sferra conducted a site visit for the gas line which was installed between Harvard Road and Hudson Road under Route 117 and recommended a Certificate of Compliance be issued.
Serena Furman made a motion to issue a Certificate of Compliance for the Villages at Stow gas line. Sandra Grund seconded the motion and it was passed unanimously.
Gallagher was present as representative of the Villages of Stow. Sferra displayed as-built plans for the project and confirmed that the vernal pool certification was completed. Sferra conducted a site visit and informed the Commission that the boulders along the back of the exclusive use areas (EUAs) intended to demarcate the EUA boundaries were not installed. Sferra noted that Unit #24 had constructed a patio and had a compost pile outside of the EUA boundary right at the edge of the wetland. Sferra also observed 100 bags of garden soil stockpiled on the common property. Gallagher informed the Commission that he had contacted the landscaper and the bags of soil do not belong to the landscaping company. Sferra also noted during her site visit she found a few areas on the property where very old and buried silt fence was still in place which
she recommended be removed. Gallagher informed the Commission that a surveyor will be marking out where the missing boulders are to be located and he will have the boulders installed. Gallagher will send a letter to the home owner regarding the patio and compost pile and will track down the owner of the bags of soil and have them removed. The Commission discussed restoring the patio area and installing the missing boulders. The Commission will allow Gallagher to install either boulders or a split rail fence. Gallagher will look into the cost for both. Sferra recommended tabling the Certificate of Compliance for the project.
Ingeborg Hegemann Clark made a motion to table the Certificate of Compliance for the Villages at Stow. Sandra Grund seconded the motion and it was passed unanimously.
Gallagher informed the Commission that the water system at Villages of Stow will require an update following recent issues with the system. Updates include moving the sampling ports above ground and adding a shed with a chlorine treatment system as requested by MassDEP following an E.coli detection. The shed will be 14’ by 16’ and will be insulated and have electrical service. The Commission reviewed the plans and confirmed all of the proposed work will be outside the 35’ no disturb buffer. Gallagher will file when they are ready.
Notice of Intent (#299-0591)
50 Hiley Brook Road (R-4 #8)
At 8:00 PM Andy Snow opened the public hearing for a Notice of Intent (NOI) filed by Linda Scott for a septic system replacement. Scott Hayes of Foresite Engineering was present. Hayes described the location of the lot and the wetland flagging completed by Chuck Caron of Caron Environmental Consulting, Inc. Hayes informed the Commission that the current septic system has failed Title V inspection and the house is intended to be put on the market this spring. Hayes noted that the system is required to be updated and the wetland, river front and 100’ well set back constraints were considered when selecting an area for the replacement. Hayes noted they had completed test pits next to the house but the water table was too high for the septic. Hayes has been working with Jack Wallace, Health Agent, on the location of the replacement system
and has approved a 75’ well setback for the replacement. Hayes noted there are a few trees in the area that has been selected for the new septic system and two to three trees will need to be removed as part of the project. The septic replacement will be in a 12’ by 44’ foot print and no grading will take place in the area. No further encroachment into the 35’ no disturb buffer will be necessary as part of the planned work. The area of proposed work is currently lawn including an encroachment into the 35’ no disturb buffer.
Snow and Doug Morse conducted the site visit. No one was home at the time of the site visit; as a result, Snow and Morse observed the area of the project from the driveway. The Commission attempted to contact Scott and schedule a site visit but she could not be reached. Snow noted that the new tank goes slightly into the 35’ no disturb buffer and that it was not clear in the field how many trees would need to be removed. The Commission reviewed the plans and the photos taken during the site visit. Morse noted that it appeared that a rectangular clearing already existed in the area proposed for the new septic tank. The Commission discussed the waiver from the Board of Health regarding the well setback and the 35’ no disturb waiver. Serena Furman asked about roots from nearby trees damaging the new septic system which Hayes
confirmed would require any roots within 5’ of the new system to be removed. The Commission discussed the tree removal and logistics. The Commission will require as a condition that they are notified prior to construction and the trees will be flagged for removal at the time of the erosion control inspection.
Serena Furman made a motion to close the public hearing for a Notice of Intent filed by Linda Scott. Doug Morse seconded the motion and it was passed unanimously.
Notice of Intent (#299-0592)
95 Lowell Drive (R-5 #46)
Serena Furman made a motion to open the public hearing and continue without testimony for a Notice of Intent filed by Eric Kampf to May 6, 2015 on or after 7:30 PM. Doug Morse seconded the motion and it was passed unanimously.
Request for Certificate of Compliance – 27-29 Gleasondale Road
Andy Snow informed the Commission that Ralph Hekkala had requested a Certificate of Compliance for a septic system replacement for 27-29 Gleasondale Road. Snow and Jacquie Goring conducted a site visit and reviewed the plans and the Order of Conditions. Snow and Goring confirmed the silt fence had been removed. Snow recommended the Commission issue the Certificate of Compliance.
Ingeborg Hegemann Clark made a motion to issue a Certificate of Compliance for 27-29 Gleasondale Road. Sandra Grund seconded the motion and it was passed unanimously.
Request for Certificate of Compliance – 72 Boon Road
Andy Snow informed the Commission that Julie Sullivan had requested a Certificate of Compliance for a single family home and septic system for 72 Boon Road. Snow and Jacquie Goring conducted a site visit and reviewed the plans and Order of Conditions. Snow and Goring confirmed that a pile of rocks was removed as requested from the Order of Conditions. The plans included with the Order were not clear as to the location of the rocks but after an extensive review of the property the rocks could not be found. Snow recommended the Commission issue the Certificate of Compliance.
Jeff Saunders made a motion to issue a Certificate of Compliance for 72 Boon Road. Doug Morse seconded the motion and it was passed unanimously.
Coordinator’s Report
103 Crescent Street – Sferra informed the Commission that the existing well at 103 Crescent Street (McPherson) had failed. Sferra worked with Jack Wallace, Health Agent, and conducted a site visit. The well was spring fed and located in a structure which belongs to Pilot Grove Farm. Sferra issued an emergency certification and approved a new well to be installed at least 50’ from the pond. Sferra noted that the emergency certification does not include removing the structure. Sferra asked the Commission to ratify the emergency permit.
Ingeborg Hegemann Clark made a motion to ratify the emergency permit for a well at 103 Crescent Street. Serena Furman seconded the motion and it was passed unanimously.
MSMCP – Sferra informed the Commission that she had been elected to the Board of Directors of the Massachusetts Society of Municipal Conservation Professionals.
Stow Independent Ad – Sferra informed the Commission that the yard waste ad will run in the April 22, 2015 Stow Independent.
Request for Determination of Applicability
38 Middlemost Way – (R-15 #133)
Sandra Grund recused herself at 8:30 PM.
At 8:30 PM Andy Snow opened the public hearing for a Request for Determination of Applicability (RDA) filed by the owners of 38 Middlemost Way for the removal of a pool. Homeowners Lynne Juster and Steven Barndollar were present. Juster and Barndollar informed the Commission that the pool is no longer functioning and needs to be removed and that a drain easement is located next to the property. Juster and Barndollar spoke with Craig Martin, Building Commissioner, who requested that the pool be broken up into 6” diameter pieces and buried. Any pieces larger than 6” will be removed. The pool is an in ground kidney shaped gunite pool with a small apron. Juster and Barndollar would like to maintain the area as open backyard space. The lot is level and the pool area will be graded to match the area.
Jeff Saunders conducted the site visit and noted that the pool is located right along a drainage easement which contains a stream and bordering vegetated wetland. The area can be accessed from the other side of the property away from the resource area. There is a fence along the property line which will remain in place during construction, providing a barrier to the stream. Saunders noted that the hose seen in site photos is used to drain off the pool cover and not the pool itself. A portion of the pool is located in the 35’ no disturb buffer. The Commission discussed the pool location and the drainage easement and how the area should remain after the pool is removed. Juster and Barndollar would like to use loam and seed in the already disturbed area and noted that they plan to put the house on the market soon. The Commission
discussed leaving the fence in place to protect the resource area and demarcate the area for future owners.
Doug Morse made a motion to close the public hearing for a Request for Determination of Applicability filed by Lynne Juster and Steven Barndollar. Serena Furman seconded the motion and it was passed unanimously.
Sandra Grund returned at 8:43 PM.
Order of Conditions (#299-0591)
50 Hiley Brook Road (R-4 #8)
The Commission reviewed and amended a draft of the Order including that the leach field shall be staked and that the trees to be removed should be flagged at the time of inspection of the erosion controls.
Ingeborg Hegemann Clark made a motion to approve and issue the Order of Conditions filed by Linda Scott for a septic system replacement. Doug Morse seconded the motion and it was passed unanimously.
Request for Determination of Applicability
38 Middlemost Way – (R-15 #133)
Jeff Saunders recommended issuing a Negative #3 Determination of Applicability including erosion controls and the existing fence to remain during construction. The Commission discussed the Determination of Applicability.
Serena Furman made a motion to approve and issue for a Negative #3 Determination of Applicability for the project with conditions that straw wattles are installed, seeding and straw is used as needed to control erosion, debris is removed from the premises before contractor leaves site and the fence along side of the lot line remains during construction as an "anchor" for straw wattles. Ingeborg Hegemann Clark seconded the motion and it was passed unanimously. Sandra Grund recused herself from voting.
Coordinator’s Report – Continued
Brewer Property – Sferra informed the Commission that Capital Planning voted in favor of the Brewer Property warrant article for Town Meeting.
Open Meeting Law Complaint – Sferra informed the Commission that the deadline for the open meeting law complaint by a previous applicant had passed with no complaint filed.
72 Boon Road – Sferra informed the Commission that the owner of 72 Boon Road had met with Sferra regarding pursuing an agricultural restriction for her property. The owner had applied to the APR program and the nomination was accepted. The property will now be appraised and the Massachusetts Department of Food and Agriculture will pay for a portion of the property but may look to the Town for additional funding. Sferra noted that Stow is a Right to Farm Community and has an Agriculture Commission both of which reduce the Town’s match. Stow would only be required to contribute 5% of the sale price.
Vernal Pools – Ingeborg Hegemann Clark noted that she was conducting a class at Town Forest and while observing the fen found wood frog egg masses, salamander eggs and a yellow spotted salamander in the moat along the edge of the fen. Hegemann Clark contacted Betsy Colburn regarding the fen and certifying it as a vernal pool. Sferra informed the Commission that a resident contacted her regarding the fire pond at the Collings Property which they believe is a vernal pool. The resident is planning to contact the Army Corps of Engineers regarding the fire pond.
Pine Bluffs – Sferra shared photos of trees that were cut at Pine Bluffs with the Commission. The photos appear to show trees that were cut within the 100’ buffer. Sferra contacted Ben Gary who provided a detailed list of the trees to be removed. Sferra clarified with Gary that trees indicated on the plan as to remain in the turnaround area were actually removed. The Commission had discussed during the previous hearing that the trees should be flagged in the field and the Commission would like to conduct another site visit prior to any tree removal. Gary confirmed that additional cutting is not scheduled before the next hearing. She will work with the Recreation Commission to better understand what work was done and why.
425 Taylor Road/Bonetti Property – Sferra informed the Commission that a buyer contacted the office regarding 425 Taylor Road. Sferra informed the buyer that there is an open enforcement order and Order of Conditions from 2009 which has not been closed out and recommended that a Certificate of Compliance be completed prior to purchasing the property.
Hemenway Farm - Sferra updated the Commission about the Hemenway Farm project. Sferra contacted the Licensed Site Professional (LSP) for the project and asked if additional wells need to be installed that the consultant contact the Commission.
Alan DiPietro – Maple Street Violation – Sferra updated the Commission on the status of enforcement. DiPietro came to Town Building and told the Town Clerk that he was refusing to pay his tickets or appeal, and that he didn’t feel the Bylaw should apply to him as an agricultural use.
Annual Town Meeting – Sferra reviewed the warrants for the Annual Town Meeting including budgets and transfers, land acquisition and the invasive species project. Cortni Frecha will present the invasives species warrant article and Sferra will present the land acquisition warrant article on behalf of the Commission.
Walcott Street – Sferra displayed plans and photos provided by the homeowner for the pipe he would like to install to redirect water running down Walcott Street which has caused pooling at the end of the newly installed driveway. Sferra met with the homeowner and Mike Clayton, Superintendent of Streets, to review the proposed work. Clayton confirmed the project is within the right-of-way and approved the project to be completed by the homeowner. The Commission discussed the current Order of Conditions and the proposed work. The Commission will request that the homeowner submit a plan showing the extent of the rip-rap and the size of the proposed pipe. The Commission will recommend that the pipe is 8” in diameter and that the rip-rap should not extend within 35’ of the wetland (beyond the erosion controls).
27-29 Hale Road – Sferra provided the landscape plan provided by the homeowner per a requirement in the Order of Conditions. The Commission reviewed the landscape plan and will provide feedback to the homeowner requesting additional information on tree and shrub plantings.
Adjournment
Ingeborg Hegemann Clark made a motion to adjourn the meeting at 9:55 PM. Sandra Grund 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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