Stow Conservation Commission
Minutes
May 19, 2015
A meeting of the Stow Conservation Commission was held at the Stow Town Building, 380 Great Road, Stow, Massachusetts, on May 19, 2015 at 7:30 in the evening.
There were present: Cortni Frecha, Chair
Andy Snow, Vice-Chair
Jeff Saunders
Sandra Grund
Ingeborg Hegemann Clark
Serena Furman
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
Andy Snow made a motion to approve the minutes of May 6, 2015 as drafted and amended. Serena Furman seconded the motion and it was passed unanimously.
Coordinator’s Report
Erosion Control Updates – Sferra informed the Commission that the erosion controls at the Pompositticut School will be installed next week. Erosion controls at 50 Hiley Brook Road have been installed and Sferra will inspect them this week.
Captain Sargent - Lenny Rodriquez – Sferra informed the Commission that she will be meeting with Lenny Rodriquez this week to check in on the progress of the clean-up of materials unrelated to the farming.
Delaney Street Solar Project – Sferra informed the Commission that she received a request to remove four trees damaged by beaver at the Delaney Street solar project. The solar project operator is concerned the trees could fall and damage the fence or array. The Commission discussed the tree removal and agreed only the trees which have been damaged by beaver could be removed. The Commission would prefer if the trees are felled and left in place.
Agricultural License Renewals – Captain Sargent – Sferra informed the Commission that she has contacted Ben Schlosser and Michael Reardon regarding Schlosser’s agricultural license renewal. Sferra had not received a response and is unsure if Schlosser is still interested in farming the property. The Commission discussed the terms of the license and the lack of communication from Schlosser.
Andy Snow made a motion to send a 90 day notice to terminate the agricultural license with Ben Schlosser. Jeff Saunders seconded the motion and it was passed unanimously.
Notice of Intent Continuation
MacNaughton Trust – Lot 2 Crescent Street
Greg Roy of Ducharme & Dillis was present as a representative of MacNaughton Trust. Roy requested a withdrawal without prejudice and will not proceed with groundwater monitoring. Roy had a written letter requesting a withdrawal and will send a copy to MADEP. The Commission will return the unused portion of the consultant fee.
Serena Furman made a motion to accept the withdrawal without prejudice for the Notice of Intent filed by MacNaughton Trust for construction of a house, well, septic system and site work. Sandra Grund seconded the motion and it was passed unanimously.
Pilot Grove 2 Replication
Greg Roy of Ducharme & Dillis was present to discuss the Pilot Grove 2 wetland replication. Steve Dungan and Bruce Fletcher, Board members of Stow Community Housing Corporation were also present. Roy provided handouts including photos taken the previous day of the replication area. Roy reminded the Commission that the replication area was done to mitigate intermittent stream crossing as part of the Pilot Grove 2 development. Roy explained to the Commission that at the time of construction Ducharme & Dillis had concerns about the hydrology of the replication area and designed plantings for dry conditions. Photos provided by Roy showed the replication area with significant ponding.
Sferra confirmed she has also observed significant standing water at the replication area during site visits. Plantings were selected for the replication area in anticipation of the area being dry; as a result they did not survive in the existing wet conditions. Roy recommends replacing the plantings with different species more suited for wet conditions. Roy noted that there has been significant growth from the wetland seeding but they have not yet met the 75% coverage requirements. The
handout provided by Roy included a planting plan with species recommendations by Brandon Ducharme, wetland scientist for Ducharme & Dillis. Hummocks will be added at the time of planting and the area will be overseeded with New England wetland mix. Roy would like to begin as soon as possible and all work will be completed by hand. The Commission agreed the work should be done by hand so as not to disturb the wetland replication area already established and recommended the plantings should be planted along the bottom of the slope. Roy noted they will add organic material with the seed mix. Ingeborg Hegemann Clark asked that peat not be used due to the negative environmental impacts of peat farming. The Commission recommended planting as soon as possible to allow the seed mix to succeed and installing the hummocks when conditions are as dry as possible.
Notice of Intent Continuation (#299-0590)
Lot 2 North Shore Drive (U-5 #2A)
At 8:00 PM Cortni Frecha opened the continued public hearing for a Notice of Intent (NOI) filed by Scott Prince for construction of a single family house and site grading and clearing within the 100’ buffer. Jeff Brem of Meisner Brem Corporation and Scott Prince were present. Brem displayed updated plans and reviewed the scope of the proposed work. The updated proposed plan no longer includes clearing all trees within the 35’ no disturb buffer and the proposed house was moved toward North Shore Drive and turned five degrees from the original proposal for a better sun angle for the proposed solar panels. The revised plan included the 35’ no disturb buffer, the proposed limit of clearing, septic system, infiltration system, and a path and dock at the water’s edge. Prince informed the Commission that he would like to top
eight 100’ white pine trees located within the 35’ no disturb buffer at 60’ in height and would like to keep them pruned at 60’. Prince noted that he thought topping trees was discussed during the first hearing but could not find it in the meeting minutes. Sandra Grund noted that the Commission did not recommend topping and asked if Doug Morse had any experience with topping white pines. Morse noted he has never topped white pines and would have to research it. Ingeborg Hegemann Clark noted she has topped oak trees and small white pines to keep them bushy. Serena Furman expressed concerns regarding topping including apical dominance, potential pine weevil infestation, and twin tops. Donald Hawkes of 9 Dawes Road noted that topping white pines can produce new leaders from each of the branches requiring significant trimming, could lead to trees becoming a snow hazard and may be unsightly.
Prince displayed photos of the proposed trees to be topped and the proposed trees to be removed outside of the 35’ no disturb buffer. Prince proposes removing all trees outside of the 35’ no disturb buffer and within the 100’ buffer with the exception of a few select trees. Prince proposes to plant ornamental evergreens within the 100’ buffer. The Commission discussed girdling the white pines and leaving snags as an alternative to topping. Hegemann Clark inquired about the percent aerial coverage of the 8 trees in the 35’ no disturb buffer. Prince said he believed it to be less than 10%. Hegemann asked if the eight pines had dropped branches which Prince confirmed they had not because they get sun because of their exposed location along the lake. Andy Snow noted that if the Commission allows the trees to
be topped and the trees die they will not necessarily be approved to be removed. Sferra asked what the plan will be in the future, after ten years, to top other trees. Prince noted he will need to return to the Commission to top additional trees if they block the solar panels in the future.
Prince noted he will be looking to plant ornamental evergreens including arborvitae and other trees that will grow slowly and would like the Commission to suggest plants. Morse noted the Commission would look to Prince to come up with a planting plan which they would review. Prince said his timeframe for the project is about 2.5 years. Grund and Jeff Saunders noted they are concerned about setting a precedent for topping trees within the 35’ no disturb buffer for the purposes of solar. The Commission noted the property is located in a sensitive area for habitat and they are concerned about not understanding the impacts of topping the trees. Prince noted he would like to get started on the project and would be agreeable to not asking to top the eight trees and continue with the rest of the project as proposed. Furman expressed concerns
about the work proposed within the 100’ buffer. The Commission discussed the proposed plan including grading for the septic system and the limit of clearing. Sferra inquired if the topping of the trees would be difficult if the rest of the project is started which Prince confirmed but is agreeable to tabling the topping of the trees. Morse recommended asking an arborist to make a recommendation regarding topping white pines. Prince confirmed that if he does not install solar the house will likely not be zero net energy. The Commission informed Prince that he should be prepared that he will not be permitted to top the eight white pines in the future and that an abutter has voiced a strong objection.
Cortni Frecha opened discussion for public comment. Hawkes requested the Commission reference back to the Lake Boon Shoreline Stabilization Guidance and that he feels topping the trees will kill them. Hawkes noted that he does not think that the proposed work is consistent with the guidance and that the photo of the Great Blue Heron in that document is the lake frontage of Prince’s lot. Prince noted that he has a commitment to using solar and that if he cannot cut trees he will compensate by adding more panels. Prince stated that if in 12 months he applies to have the trees topped and it is not approved he understands. The Commission agreed and reiterated that they do not want the deferring of the discussion on topping the trees to imply that approval will be given at a later date.
The Commission discussed the proposed dock and lack of construction details provided and agreed to write an Order of Conditions which would require additional plans for the dock prior to construction. The Commission recommended Prince discuss the plan further with his solar contractor. Prince confirmed that moving the solar closer to the ground would further shade out the panels. Grund reiterated her comments from the previous hearing that there are lots more solar ready than this and that the Commission is not opposed to solar but the lot is located in a sensitive area. The Commission discussed the 35’ and 100’ jurisdictions. Sferra noted that the Commission’s review authority is to ensure there are no adverse effects to Lake Boon within the 100’ buffer and that if the Commission was to turn down the application they
would need to show what the adverse effects are of the proposed work. Prince confirmed that he will clear what is necessary for the geothermal system and will plant lower screening plants after the installation. Hegemann Clark noted she is not opposed to topping the pines with advice from an arborist. The Commission noted that it is clear Prince had made a lot of changes to the previous plan based on feedback from the first hearing. The Commission discussed removing the eight topped trees from the plan and adding a condition to the Order of Conditions for a final plan without the note for topping trees, a planting plan and dock plans to avoid the need for Prince to re-file. Hawkes added that a hardship cannot be created after the fact and recommended to the Commission that they do not violate their own guidelines. Sferra advised Prince that the Commission is in the process of rewriting the local wetland regulations and so rules about the buffer may change.
Andy Snow made a motion to close the public hearing for a Notice of Intent filed by the Scott Prince. Doug Morse seconded the motion and it was passed unanimously.
Notice of Intent Continuation (#299-0589)
Recreation Department – 303 Sudbury Road (U-3 #12)
At 8:30 PM Cortni Frecha opened the continued public hearing for a Notice of Intent (NOI) filed by the Stow Recreation Department for Pine Bluffs recreation improvements. Laura Greenough, Stow Recreation Director, and Ben Gary of Marshal Gary Landscape Design were present as representatives for the Stow Recreation Department. Gary displayed revised plans as requested by the Planning Board and Greenough noted Gary had sent a memo to Kathy Sferra regarding the invasive species removal. Greenough informed the Commission that Gary had marked the trees proposed to be removed in the juniper bowl which includes removing pines closest to the beach. Greenough noted the trees cut outside of the Commission’s jurisdiction have been chipped and placed along the entrance road tree line. Gary confirmed that a 200’ split rail fence will be
installed to avoid visitors parking on the roots.
Greenough noted that the large oak located outside of the Commission’s jurisdiction which the Commission requested be kept was cut. Greenough explained that Gary had marked the trees for removal using orange flagging and marked trees within the Commission’s jurisdiction proposed to be removed with pink flagging and the contractor was confused and cut all of the trees. Greenough noted that during construction of the deck the contractor noted that the large oak was impossible to keep and have access to the deck therefore she was forced to make the decision to have it removed while the tree contractor was onsite to avoid an additional $1,000 fee. Greenough apologized for the confusion and noted the trees removed within the 100’ buffer were removed before she had arrived onsite. Greenough confirmed no additional tree removal is
scheduled prior to Commission approval.
The Commission discussed the trees to be removed in the juniper bowl, a maintenance plan and the invasive species removal. The Commission confirmed with Gary the details of the drainage trench along the driveway and that the two trees proposed for removal in the area will be flush cut. The Commission confirmed that a professional will be used for the invasive species removal. Donald Hawkes of 9 Dawes Road inquired if foliar spraying or stem injection will be used for invasives. Greenough confirmed the invasives removal will be done by a professional during the fall using stem injection.
Serena Furman made a motion to close the public hearing for a Notice of Intent filed by the Stow Recreation Department. Sandra Grund seconded the motion and it was passed unanimously.
Gary noted that the plans with the Commission are the same as those with the Planning Board. Gary clarified with the Commission that the Order of Conditions would be issued following the next meeting in two weeks, a file number has been issued by MassDEP, and that the 35’ no disturb buffer waiver will be included with the Order of Conditions. The Commission reminded Gary of the 10 day appeal period after which the Order of Conditions must be filed with Registry of Deeds and that the Order is good for 3 years.
Letter of Interpretation – Flagg Hill – Sferra informed the Commission she had a site visit with Bruce Trefry, Land Steward and the homeowner on Trefry Lane to discuss maintaining the meadow adjacent to the Trefry Lane entrance to Flagg Hill. The Commission reviewed and discussed the draft letter.
Andy Snow made a motion to approve the letter as written. Ingeborg Hegemann Clark seconded the motion and it was passed unanimously.
Letter of Permission – Captain Sargent – Sferra updated the Commission of invasive species removal previously completed adjacent to Ruth Kennedy Sudduth’s land at Captain Sargent and the agreement to maintain the area as meadow but not to be used as a yard or for storage. The Commission reviewed and discussed the draft letter.
Andy Snow made a motion to approve the letter as written. Sandra Grund seconded the motion and it was passed unanimously.
Letter of Permission – Marble Hill – Sferra updated the Commission on the mowing encroachment adjacent to Marble Hill. Sferra had previously reviewed air photos and confirmed areas of lawn on either side of the property had been maintained as lawn on Marble Hill property for many years. The Commission reviewed the permission letter allowing the homeowner to mow the area once it has grown 12” high to avoid invasive species from overtaking the area currently being maintained as lawn. The Commission discussed the draft letter. Serena Furman inquired if a fence could be erected or if
the area could be mowed at a height of 2’ to 3’. Sferra explained that the area will be taken over by invasives if not maintained and the homeowner only has equipment capable of mowing 12”. Furman stated her opinion that the Commission should not have a private resident or abutter maintaining conservation land.
Jeff Saunders made a motion to approve the letter as written. Andy Snow seconded the motion and it was passed on a vote of 6-1 with Serena Furman voting no.
Sandra Grund left meeting at 9:30.
Minute Man Realty Corporation Chapter 61B Withdrawal – Sferra informed the Commission of the Minute Man Realty Corporation Chapter 61B withdrawal. Sferra noted that the Town pursued acquisition for a school around 2005 but was voted down at Town meeting. The Town did not pursue acquisition the second time due to price and the industrial zoning. The purchase price of the property has changed therefore the owner must offer to the Town again. Sferra is not aware of a response from Stow Conservation Trust. Sferra updated the Commission on the proposed Ridgewood development which includes 45 acres of open space deeded to Stow Conservation Trust and the hope to include a missing link of the Emerald Necklace trail. The Commission reviewed the plan and discussed the possibility for future encroachments. The Commission will contact
Stow Conservation Trust to learn their opinion.
Coordinator’s Report Continued
Minuteman Airport – Sferra informed the Commission that the blasting and crushing process is ongoing. Stantec has nearly completed excavating the wetland replication area and will contact the Commission when the excavating is complete. Sferra met onsite with Don McPherson to discuss the blasting and crushing. McPherson explained that there is more material than expected that needs to be left onsite and there is little storage area left for the material. Sferra described the material as dirt and loam which has been processed onsite. McPherson showed an area described as a gravel pit/storage area with an access road to Sferra while onsite. Sferra reviewed an aerial of the area with the Commission. The Commission reviewed the riparian zone and 100’ buffer and found a small area outside of the 100’ buffer that could be
used for storage. The area is previously disturbed. Sferra informed the Commission that McPherson does not have any other options and that the Planning Board will be discussing the request during the next meeting. McPherson estimated needing a storage pile approximately 6’ high. The Commission discussed the issue and felt that they could not approve additional stockpiling within the Commission’s jurisdiction without a filing.
184 Barton Road – Sferra informed the Commission she had received a report of trees removed at 184 Barton Road. Sferra met with the homeowner and counted approximately 21 tree stumps within the 100’ buffer and at least 5 within the 35’ no disturb buffer. The trees were removed by New England Tree Masters who was hired by the homeowner’s landscape designer. Sferra will contact the landscape designer. The Commission discussed the violation and will request that the homeowner file with the Commission. The Commission also discussed how best to avoid other homeowners on the lake from cutting down trees without contacting the Commission. It was suggested that Sferra mail the two page “Wetlands 101” flyer and the Lake Boon Shoreline Stabilization Guidance to Stow residents on Lake Boon.
Adjournment
Ingeborg Hegemann Clark made a motion to adjourn the meeting at 10:18 PM. Doug Morse seconded the motion and it was passed unanimously.
The Commission adjourned at 10:18 PM.
Respectfully submitted,
Jacquelyn Goring
Conservation Assistant
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