Stow Conservation Commission
Minutes
March 3, 2015
A meeting of the Stow Conservation Commission was held at the Stow Town Building, 380 Great Road, Stow, Massachusetts, on March 3, 2015 at 7:30 in the evening.
There were present: Cortni Frecha, Chair
Andy Snow, Vice-Chair
Jeff Saunders
Ingeborg Hegemann Clark
Sandra Grund
Absent: Doug Morse
Serena Furman
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 February 17, 2015 as drafted and amended. Sandra Grund seconded the motion and it was passed unanimously.
Coordinator’s Report
Request for Demolition prior to Erosion Controls – 41 Hale and 553 Sudbury – Sferra informed the Commission that the applicants at 41 Hale and 553 Sudbury Road have requested to begin demolition without erosion controls due to the heavy snow cover. Sferra recommended to the Commission that erosion controls at minimum be put in place at the limit of work in case of heavy snow melt. The Commission discussed having necessary erosion controls onsite ready to be put in place as soon as the snow has melted and the potential difficulties with frost and properly installing the erosion controls. The Commission asked that a written plan be submitted for both properties which the Commission will discuss during the March 17, 2015 meeting.
Winter Delineation Policy – The Commission reviewed the Winter Delineation Policy drafted by Sferra. Sferra noted that while drafting the document she reviewed the policies of several other communities. Some specified that delineations could only occur during certain months (such as April through October) while others defer the work until snow cover is gone. Sferra also noted that she included a reference to deferring action on Certificates of Compliance as well.
Ingeborg Hegemann Clark made a motion to approve the Winter Delineation Policy as drafted and amended. Sandra Grund seconded the motion and it was passed unanimously.
Notice of Intent (#299-0588)
Collings Foundation, Inc. – 0 Barton Road (U-2 #54, R-25 Lots #13, 16A, 16B and 17)
At 7:45 PM Cortni Frecha opened the public hearing for a Notice of Intent (NOI) filed by Collings Foundation, Inc. for construction of a 66,000 square foot museum building, associated site and utility work with access road and wetland crossing. Steve O’Connell of Andrews Survey and Engineering, Bob Collings and Rob Collings were present as representatives for Collings Foundation, Inc. O’Connell discussed the changes from the initial filing in response to the concerns about traffic on Barton Road. Since the initial filing, approvals have been received from the Town of Hudson for a new access road originating in Hudson and ending in Stow. O’Connell informed the Commission that their hearing with the Stow Planning Board is March 4, 2015.
O’Connell discussed the Stow entrance to the property from Stow where a 20 foot wide service road will be completed using recycled asphalt and will follow the existing contours and conditions. O’Connell described the wetland crossing which runs east to west which was delineated by Goddard Consulting. There is an existing timber bridge approximately 10-12 feet wide located in a previously disturbed area. O’Connell described the fire pond area and the previously completed tree clearing. There will be event parking for up to 500 vehicles to the north of the proposed building. O’Connell discussed the proposed drainage including swales, infiltration basins and two drop inlets. Sue Carter had returned comments on March 2, 2015 which O’Connell had not received at the time of the Commission meeting.
O’Connell discussed the initial comments by Kathy Sferra and a recent meeting with Sferra and Jeff Saunders. O’Connell plans to address these comments along with any comments from the Planning Board and complete one final set of plans. O’Connell noted that there is no work proposed in the riverfront area and clarified that the proposed crossing is over the bordering vegetated wetland and not a perennial stream bank as shown on the plans.
O’Connell described two options for the wetland crossing. The first includes two 24” pipes and requires 436 square feet of wetland fill and 586 square feet of replication area. The second option includes four 15” pipes and would forego a replication area and restore a 1,200 square foot area of wetland in an area of historic fill. Sferra noted the lack of success of small upland area wetland replications on previous projects. The Commission discussed their concerns with the openness ratio of the pipes. O’Connell noted he understands the need to maintain hydrology and openness ratio for wildlife movements and suggested the use of one 36” pipe embedded one foot into the substrate or a combination of smaller pipes with one larger pipe for wildlife. The Commission inquired about the feasibility of a roadway crossing
design which would allow a greater slope in and out of the wetland area. The Commission asked if the wetland is groundwater or surface water influenced and if it would be helpful to have an open bottom culvert. The Commission recommended that a profile of the soils be completed by the consultant, Scott Goddard, to make sure groundwater is flowing laterally as well.
The Commission discussed the need for a site visit to review the wetland crossing area and any tree removal required for the project. The Commission asked what the sequence of the project is and if any work can be done without the wetland crossing. O’Connell confirmed some work can be done from the Hudson entrance. The Commission requested that, as part of the alternatives analysis, O’Connell and Collings evaluate the cost of a bridge for the wetland crossing rather than a road. O’Connell will evaluate the net excess material onsite to determine what material is available and detail that in an alternatives analysis. O’Connell noted that they intend to create a natural amphitheater for spectators with any excess material.
The Commission discussed the drainage and infiltration for the project including the roof runoff infiltration location which will approach the 35 foot no disturb buffer. O’Connell noted that running the roof runoff across the field was done for cost reasons and they do not want to jeopardize the integrity of the area because of activities that are planned for that area.
Cortni Frecha informed the audience that the hearing will be continued and that a determination will not be able to be made with current site conditions (i.e. snow and frozen ground), and informed them of the new Winter Delineation policy. O’Connell inquired if the Commission would be willing to issue a conditional Order of Conditions subject to delineation verification. The Commission agreed that they are not willing to offer a conditional Order. Frecha noted that public comment will be taken during the continuation hearing and reminded the audience of the Conservation Commission’s jurisdiction and that the Commission will not discuss parts of the project that do not pertain to the Commission’s jurisdiction.
Andy Snow made a motion to continue the public hearing for a Notice of Intent filed by the Collings Foundation, Inc. to March 17, 2015 on or after 7:30 PM. Jeff Saunders seconded the motion and it was passed unanimously.
Notice of Intent (#299-0589)
Recreation Department – 303 Sudbury Road (U-3 #12)
At 8:25 PM Cortni Frecha opened the public hearing for a Notice of Intent (NOI) filed by the Stow Recreation Department for Pine Bluffs recreation improvements. Ben Gary of Marshal Gary Landscape Design and Laura Greenough, Stow Recreation Director, were present as representatives for the Stow Recreation Department. Gary displayed plans and discussed the overall project plans including site location, driveway, turnaround, and guardrails. Improvements include restrooms, pavilion, bocce courts, restoration to the existing stairs, and re-grading the dirt driveway access to the beach. Gary noted that the current condition of the driveway makes it very rough and difficult to travel which will be addressed by grading and using recycled asphalt and wooden guardrails. At the bottom of the driveway the area will be excavated to allow handicap
accessibly to the beach and emergency and maintenance access. Improvements to the beach access are intended to make it more functional, also allowing for car-top boat access.
White Pines growing within a juniper patch along the slope will be removed as part of this project. A 34’ by 14’ shade structure will be erected on the beach and taken down every winter. It has been re- located outside the 35’ no disturb buffer. Japanese knotweed will be removed as part of this project, which is expected to take more than one year to complete. The shed on the upper portion of the property will be moved to the beach for storage. A large storage area will be built at the top of the slope. Approximately 1/3 of the turnaround planned for the project is located within the 100’ foot buffer to Lake Boon.
Gary noted he is working with Sue Carter and the Planning Board on drainage, including the use of infiltration trenches using crushed stone and filter fabric at the pavilion, storage building and driveway. The Commission discussed the drainage and the use of crushed stone for the access road to the beach. Gary confirmed the lower part of the road will have 12 inches of crushed stone. Gary showed details of the retaining wall which will be 5’ high at the highest point then tapers down along the slope. Two dead trees, one 30 inches and one 24 inches in diameter will be removed as well as approximately six trees from 4 to 8 inches in diameter. The Commission requested that the dead trees are left as long as they are not in the way.
Cortni Frecha informed the applicants about the new Winter Delineation policy and that a site visit will need to take place once the snow has melted. The Commission discussed a continuance or negative determination for the project. Gary noted they hope to start construction April 1, 2015 but not all of the work is within the jurisdiction which the Commission agreed could be completed before the Order of Conditions is issued. The Commission would like to see the site to better understand the project and address their concerns about the access road and erosion. Gary confirmed that the material excavated from the slope as part of the re-grading for the beach access road will be used onsite or stockpiled if necessary.
Brandon Parker of Kingland Road asked if there would be parking around the turnaround, Gary confirmed there would not be. Greenough noted that there will be parking along the road after the turn around widening toward the field side adding 6 more spaces resulting in15-16 spaces in total. Parker asked if there will be a vehicle control system for non-handicap cars which Greenough confirmed there will be a locked gate requiring a staff person to open and close it. Parker asked if there would be any improvements to the ramp to the beach which Gary explained there would be no changes until the access road turns when the road will be widened requiring 4 trees to be removed. Parker asked if the deed restriction had been considered and if any disturbance would occur within 100’ of abutting properties which Gary confirmed there would not be.
The Commission reminded the audience that questions must pertain to the jurisdiction of the Conservation Commission.
The Commission inquired about parking at the end of the beach access road and accessibility. Gary noted that the intention is not to have a parking area but an area for drop off, such as the Council on Aging van and the material used in that area will be a gravel suitable for accessible access. Greenough noted she will look into the possibility of acquiring beach fabric or a beach wheel chair. The Commission confirmed the road would not be plowed in the winter so snow storage will not be necessary. The Commission discussed the bittersweet removal which the Recreation Department would like to model after the Conservation Commissions plans for invasive species including the use of a licensed applicator. Parker noted he would like there to be caution on cutting the white pines as he feels it may cause issues later with ATV’s. Greenough
noted there are no trespassing signs in place in that area.
Ingeborg Hegemann Clark made a motion to continue the public hearing for a Notice of Intent filed by the Stow Recreation Department to April 7, 2015 on or after 7:30 PM. Sandra Grund seconded the motion and it was passed unanimously.
Coordinator’s Report (continued)
Marble Hill Construction Access – Sferra informed the Commission that she has discussed the access to Marble Hill during construction with the Building Commissioner, Craig Martin. Martin noted that the site would be turned over to the contractor for construction. There will be no parking and the area would be fenced off for safety. The Commission discussed the access including requiring the contractor to keep an area clear for pedestrians and the potential use of the parking area on Taylor Road. Sferra will continue to discuss the access with Martin and the Recreation Department and report back to the Commission.
Town Forest – Snowmobile permits – Sferra informed the Commission that someone inquired about obtaining a snowmobile permit which are available according to the current Conservation Area regulations. Sferra offered a permit application which she has not yet received. Sferra discussed snowmobiles with the Land Steward, Bruce Trefry, and he is concerned with user conflicts. The Commission discussed snowmobiles and potential user conflicts with encroachments, dog walking and pedestrians and agreed to phase it out.
Planning Board Request for Comments – The Commission discussed the Planning Boards request for comments on the Collings Museum and Pine Bluffs. Both projects are before the Commission and the Commission will coordinate on plans with the Board.
Order of Conditions (#299-0584)
Minuteman Air Field – 302 Boxboro Road (R-7 #34 and #35)
The Commission reviewed and amended a draft of the Order and reviewed the wetland replication text drafted by Ingeborg Hegemann Clark.
Ingeborg Hegemann Clark made a motion to approve and issue the Order of Conditions filed by Minuteman Air Field for repair of 1,050 linear feet of runway, relocation of taxiway, and grading of a runway safety area. Andy Snow seconded the motion and it was passed unanimously.
CPA Proposals – Feedback from CPC Meeting – Kathy Sferra reminded the Commission that in January the Commission had discussed submitting CPC applications for the Invasive Species removal and mapping project and replenishing the Conservation Fund. At that time the Commission did not submit a CPC application for the potential land acquisition project of the Brewer property adjacent to Captain Sargent because it had not been progressing. Sferra reached out to the land owner once again at which time they did discuss a price for purchase. Both the invasive species project and the land acquisition were presented to CPC on March 2, 2015 and the CPC agreed to submit warrant articles. The Commission reviewed the draft warrant articles for the May 2015 Town Meeting and discussed the Conservation Fund balance, Stow Conservation Trust’s participation, and the land acquisition costs.
Andy Snow made a motion to submit the two Warrant Articles for the May 2015 Town Meeting and approve the expense of $15,000 toward acquisition of the Brewer property. Ingeborg Hegemann Clark seconded the motion and it was passed unanimously.
CISMA Spring Meeting – Sferra informed the Commission of the March 17, 2015 SuAsCo CISMA Spring Meeting which will include a training on early detection invasive species.
At 9:40 PM Ingeborg Hegemann Clark made a motion to go into Executive Session pursuant to MGL Chapter 39, section 23 B(3), for the purpose of discussing strategy with respect to potential litigation and potential criminal charges associated with a wetland violation and to adjourn thereafter. Sandra Grund seconded the motion and it passed unanimously.
Roll Call Vote – 5-0 in favor. Andy Snow, aye, Ingeborg Hegemann Clark, aye, Cortni Frecha, aye, Jeff Saunders, aye, Sandra Grund, aye.
Respectfully submitted,
Jacquelyn Goring
Conservation Assistant
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