Stow Conservation Commission
Minutes
October 20, 2015
A meeting of the Stow Conservation Commission was held at the Stow Town Building, 380 Great Road, Stow, Massachusetts, on October 20, 2015 at 7:30 in the evening.
There were present: Andy Snow, Chair
Serena Furman, Vice-Chair
Cortni Frecha
Jeff Saunders
Ingeborg Hegemann Clark
Absent: Doug Morse
Sandra Grund
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.
Appointment – Lenny Rodriguez – Request for Greenhouse Construction – Captain Sargent Conservation Area – Lenny Rodriguez was not present. Sferra noted that Rodriguez stated that he may not be able to make the meeting due to a conflict. Sferra and Andy Snow scheduled a site visit with Rodriquez which he did not attend. Sferra noted that Rodriquez has removed the chicken coop and staked out the four corners of the proposed greenhouse. Sferra provided photos from the site visit to the Commission and noted that Rodriguez was hoping that the Commission would allow him to put up the green house if he removed the chicken coop. The chickens are currently being kept in the cow pen. Sferra and Snow noted concerns from their site visit including trash, safety concerns and sprawl of equipment and other materials stored at
the site. Snow also noted concerns about the housekeeping around the trails and the balance between farming and other Captain Sargent Conservation Area users. Snow also noted that she feels that the Commission should work with Rodriquez to contain all of the equipment on the site and continue farming operations.
The Commission discussed the large compost pile at the farm. Sferra visited Lombardo’s and confirmed that the compost pile belongs to Lombardo’s. Lombardo’s staff stated that Rodriquez is able to use the pile as needed and that they are planning to remove the pile soon. Sferra told Lombardo’s that they cannot store manure on the farm field as only material for use by Rodriquez or the Community gardeners is allowed to be stored at Captain Sargent. Snow noted concerns about the care of the animals kept by Rodriquez and that the office has received a few calls from people that are concerned. The Commission discussed the care of the animals, concerns about winter temperatures and frozen water. Sferra contacted Phyllis Tower, Stow Animal Inspector, regarding her inspection but has not heard back.
The Commission discussed the requested greenhouse and had concerns regarding the heat source, prior vandalism, and potential liability. Jacquie Goring confirmed that the greenhouse would be included on Rodriquez’s insurance once assembled on the property. Sferra noted she spoke with the Dwight Sipler, resident and owner of Small Farm, who said he has had problems in the past with high temperatures in greenhouses and that they need to be vented. He offered to talk with Rodriquez about greenhouse management. The Commission discussed the terms of the license agreement and will request that the material stored on the farm field be contained to allow better access for the public and that Rodriquez consider passive heat sources for the greenhouse and no longer keeping animals. The Commission deferred the greenhouse request to the
November 2, 2015 meeting. Sferra will follow up with Rodriquez.
Request for Determination of Applicability
16 Davis Road – (U-4 #42)
At 7:45 PM Snow opened the public hearing for a Request for Determination of Applicability (RDA) filed by the owner of 16 Davis Road for tree removal. Homeowner William Gereke was present. Gereke described the request to remove five white pines on a small lot located on Lake Boon. Gereke described the five trees as all within ten feet of the house, shed, deck or driveway. Gereke noted that the trees will be removed using a crane and the work will be completed by Rusty’s Tree Service of Sudbury. Gereke also noted that the trees are not in bad condition but are at risk of losing branches and causing damage to the roof due to moisture and shading. Goring conducted a site visit with Sandra Grund and described the five trees including three within the 35’ no disturb buffer and two with 50’ of the shoreline. All five trees
proposed for removal are white pine and range from one foot to 2.5 feet in diameter.
The Commission reviewed the photos and Grund’s notes from the site visit. Gereke confirmed he would be willing to replace the trees that are removed with tree plantings and noted that he has planted hemlock on the property before. The Commission reviewed the plan provided by Gereke. Gereke proposed to provide stability for the shoreline by flush cutting two trees within the 35’ no disturb buffer and leaving a five foot snag on the third tree within the 35’ no disturb buffer. Stump grinding is proposed for the two trees located outside the 35’ no disturb buffer along the driveway. Gereke confirmed that the trees along the driveway are a hazard to the shed, boat and car. The Commission discussed with Gereke replanting hemlock trees along the driveway to replace the two trees removed in the area and planting rhododendron
or holly within the 35’ no disturb buffer. The Commission discussed light conditions on the site, the potential for deer browse and noted issues with disease and hemlock trees. Gereke noted that he would like the work to be completed within a month of approval and would be able to complete the plantings by the end of summer 2016.
Cortni Frecha made a motion to close the public hearing for a Request for Determination filed by William Gereke for tree removal at 16 Davis Road. Ingeborg Hegemann Clark seconded the motion and it was passed unanimously.
Cortni Frecha made a motion to approve and issue a Negative #3 Determination of Applicability for the Request for Determination filed by William Gereke. Conditions include that of the three trees to be removed within the 35’ no disturb buffer, one tree be left as a 5’ snag and two others be left flush cut. Additionally, two rhododendrons or holly shall be planted within the 35’ no disturb buffer and two 4-6’ high hemlock be planted along the driveway. Serena Furman seconded the motion and it was passed unanimously.
Notice of Intent (#299-0602 and #299-0601) Continuation
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 provided the Commission a letter addressing questions from the previous hearing. Roy also provided photos of the foundation that was proposed to be reused at 176 Barton Road. The photos showed that portions of the foundation had recently broke off and fell into Lake Boon. Roy also provided photos from the previous winter taken by Smith showing the shoreline of the 176 Barton Road property. Roy displayed plans for 176 Barton Road which included the 35’ no disturb buffer, 100’ buffer, proposed septic system, detached garage, roof infiltration system, dry well, utilities and construction specifications. Roy noted that Smith is currently contacting contractors for quotes for the
proposed work and that updated plans have been submitted to the Zoning Board of Appeals for review. Roy noted that the lake access walkway had be moved to the previously disturbed area as requested by the Commission during the previous hearing. Roy also noted that due to the recent foundation damage, a retaining wall is proposed in the same location as the existing foundation and will be constructed using concrete precast blocks. The revised plans included keeping seven trees that were previously requested to be removed including a 10” maple, 12” sugar maple, 14” spruce, 20” oak, 8” white pine, 6” beech and 10” beech. Roy also noted that the proposed patio was reduced in size on the revised plans and plantings were increased in the area.
The Commission discussed the pump house removal and proposed juniper plantings and Roy confirmed that all debris including an old railing will be removed from the 35’ buffer. Sferra confirmed with Roy that of the 8 trees proposed for removal within the 35’ no disturb buffer, no trees have been proposed for replanting in the area. The Commission also confirmed that all of the small saplings shown in the winter photo will be removed for construction and to preserve views within the 35’ no disturb buffer. Roy confirmed that removing the pump house by hand would be possible but is not proposed. The Commission discussed the request to clear cut the 35’ no disturb buffer for preservation of views. Smith noted the benefits of the proposed work in response to concerns about the proposed tree removal including 250’ of
erosion control along two properties in an area highly impacted by boat activity, removal of the existing house and pump house, moving the house back, replacing the failed septic system, roof infiltration system, and invasive species removal.
Snow noted that a site visit was conducted from a boat on Lake Boon and described the area between the existing house and pump house as approximately 20 to 25 feet wide and noted debris including pumps, boats and railings inside the 35’ no disturb buffer. The Commission discussed the proposed replanting plan and Roy noted Smith does not want to plant any trees that will eventually block the views of the lake but would like to replant for stabilization. The Commission recommended that native plantings be used including evergreens and winterberry to provide bird habitat. Hegemann Clark confirmed with Smith that the 14” oak within the 35’ no disturb buffer will be removed. Smith noted that he will replant something to replace the tree but not with something that will grow more than 15 feet. The Commission confirmed with Smith
that he does not want any full sized trees between the proposed house and water and Smith noted he feels the benefits previously discussed is enough to grant the request for the tree removal.
The Commission requested plans and dimensions for the deck and dock. Smith confirmed the dock will be a floating aluminum, approximately 4’ wide by 10’ long and removed by boat in winter. The proposed deck will be constructed using either pressure treated wood or composite decking on sono tubes behind the proposed retaining wall with crushed stone footings. Roy confirmed that a minimal amount of cutting into the slope will be required to remove the existing damaged foundation. Roy noted that a habitat evaluation will be completed for the project by Goddard Consulting. The Commission requested that a tall shrub be selected to replace the 14’ oak tree proposed for removal and noted that the soils at the site are sandy therefore the roof infiltration system is not required. The Commission identified the changes made in the
revised plans as requested. The Commission noted that the property has a diversity of plantings and colors and encouraged Smith to consider a diversity of plantings inside of the 35’ no disturb buffer to match the existing habitat, instead of the proposed juniper plantings. The Commission also noted that although the proposed work does provide some benefit, Smith should consider consulting a nursery on proposed plantings that would be duplicative of the existing 35’ no disturb buffer and noted that the habitat evaluation will need to match the existing conditions after the work has been completed. Sferra requested the proposed retaining wall height be corrected on revised plans.
Roy displayed revised plans for 178 Barton. The proposed work includes a rock revetment, upgrades to the existing walkway and replacement of the existing 1-2’ high retaining wall with a concrete block wall. The existing boat launch, dock and concrete pad will remain, though the dock will be relocated slightly. A deck is proposed to be installed on the existing concrete pad. Two retaining walls are proposed using granite or wood risers and gravel to terrace the existing yard to prevent erosion of the slope and to create a naturalized buffer with native plantings. A 6” oak tree is proposed for removal in the 35’ buffer near the proposed patio. A lawn area is proposed above the retaining wall furthest from the shoreline.
The Commission discussed the proposed retaining walls. Sierwierski noted that he has consulted a landscape architect and will include plantings at the top of each wall to grow over the concrete face. The Commission requested that Sierwierski confirm that junipers will have enough sunlight to grow on the property. Sferra requested a revised 35’ no disturb buffer waiver request to reflect the revised plans. Sierwierski noted that the proposed lawn area extending into the 35’ no disturb buffer will be planted with native grasses. The Commission recommended the grass in the area be mowed less frequently (once a year) and allowed to naturalize. Roy clarified that no disturbance is proposed between the bottom retaining wall and the shore line. The Commission recommended that Sierwierski also consider native, non-hybrid, plantings and
to have a naturalized buffer. Sierwierski noted he would like a variety of plantings that have color and flower at different times of the year and will be planting in a natural looking pattern.
Ingeborg Hegemann Clark made a motion to continue the public hearing for Notice of Intent for 176 Barton Road filed by Larry Smith to November 17, 2015 on or after 7:30 PM. Serena Furman seconded the motion and it was passed unanimously.
Ingeborg Hegemann Clark made a motion to close the public hearing for Notice of Intent for 178 Barton Road filed by Larry Smith. Serena Furman seconded the motion and it was passed unanimously.
Minutes
Ingeborg Hegemann Clark made a motion to approve the minutes of September 29, 2015 as drafted and amended. Cortni Frecha seconded the motion and it was passed unanimously.
Certificate of Compliance – 107 Harvard Road – Sferra informed the Commission that they had not issued the Certificate of Compliance (COC) for MassDEP File Number 299-393 for barn renovations. The work had been done satisfactorily except for the driveway, which has now been corrected.
Ingeborg Hegemann Clark made a motion to issue a Certificate of Compliance for 107 Harvard Road. Cortni Frecha seconded the motion and it was passed unanimously.
Certificate of Compliance – 164 Barton Road – Sferra informed the Commission that Doug Morse will conduct a site visit prior to the Commission voting to issue a COC for 164 Barton Road.
Request for Extension of Permit – Crow Island – Vegetation Management - Sferra informed that Commission that she received a letter from Rob Albright requesting an Extension of the Order of Conditions (OOC) for vegetation management at Crow Island. Sferra reminded the Commission of the OOC which is used to keep vegetation low to allow the takeoff and landing on Crow Island. The Commission discussed the request for extension and the ongoing vegetation management.
Ingeborg Hegemann Clark made a motion to issue an extension for the Order of Conditions for vegetation management on Crow Island for three years. Cortni Frecha seconded the motion and it was passed unanimously.
Pompositticut Street – Sferra noted that the trees have been gathered and piled but have not been taken away to date. Sferra was contacted by an abutter who may be interested in purchasing the property regarding hiring an invasive species removal contractor for the required work on the property. Sferra requested that Giordano and the abutter discuss with Sferra the plans for the property. Sferra noted that the abutter is aware that she would have the obligation to complete the invasive species management if they purchased the property.
Pilot Grove 2 Replication – Update – Sferra provided the Commission a letter from Ducharme & Dillis (D&D) regarding the wetland replication at Pilot Grove 2. Sferra conducted a site visit and noted that D&D added the mounds as requested but the planting appeared higher than expected. D&D is recommending that mulch or straw be added to the exposed soil on the mounds. Monitoring reports are required to be submitted as follow up for the replication. Hegemann Clark also conducted a site visit and noted that the mounds were constructed on the outer area of replication site but the plantings that were used could do well. Hegemann Clark also noted emergent wetland plants observed during the site visit and noted that the area should be continued to be monitored as required.
Zoning Board of Appeals – Request for Comment – 176 Barton Road – Sferra noted that a special permit and variances to allow construction on a nonconforming dwelling. The Commission discussed the request and will note that a significant amount of disturbance proposed within the 100’ buffer.
Zoning Board of Appeals – Request for Comment – 54 Pine Point – Sferra noted that the request for a deck at 54 Pine Point has been before the ZBA previously. Sferra will remind the ZBA and applicant that the work is within the Commissions jurisdiction and will require a permit.
Coordinator’s Report
Upcoming Commission Meetings – Snow reminded the Commission that the next Commission meeting is Monday November 2, 2015, which was rescheduled due to Election Day.
Lake Boon Draw Down – All of the boards have been removed at Lake Boon for drawdown.
Survey for Kalousidan/OARS land – Sferra informed the Commission that she had met with representatives of Stow Conservation Trust (SCT), OARS and the abutter to the Kalousidan/OARS land regarding the encroachments. The abutter agreed to the requests made by SCT including moving the shed and portion of a stone wall located over the property boundary line, installing a split rail fence along the property boundary line in the area of clearing, native re-plantings and paying half of the cost of the survey.
Maple Street Violation – A show cause hearing is scheduled for 10/23/15 regarding the DiPietro violation.
Invasive Species Removal Project – Knotweed Removal – The Stow Cub Scouts will be removing the dead knotweed at Captain Sargent as part of a service project. Sferra will update the Commission once the day is scheduled to allow Commission members the opportunity to attend.
Open Space and Recreation Plan Forum – The Open Space and Recreation Plan forum is October 22, 2015.
Town Forest – Beavers – The permit for trapping was received and trapping has begun. Sferra noted that she had contacted beaver flow control device contractors and will schedule meetings with them.
Massachusetts Association of Conservation Commissions (MACC) – Fall Conference – Sferra updated the Commission on the MACC Fall conference and noted that the information will be helpful as the Commission reviews the wetland replication performance standards in the future.
Site Visits and Inspections – Sferra noted to the Commission that there has been an increase in applications and would like assistance from Commission members on following up on site visits and inspections. The Commission discussed filings and confirmed assisgnments.
Abbreviated Notice of Resource Area Delineation (ANRAD) – Lundy Property – The ANRAD for the Lundy property is in. Ingeborg suggested hiring a review consultant.
Wildlife Habitat Management Conference – Snow reminded the Commission members of the wildlife habitat management conference at the Massachusetts Division of Fisheries and Wildlife Field Headquarters in Westborough on October 24, 2015.
Adjournment
Cortni Frecha made a motion to adjourn the meeting at 10:10 PM. Ingeborg Hegemann Clark seconded the motion and it was passed unanimously.
The Commission adjourned at 10:10 PM.
Respectfully submitted,
Jacquelyn Goring
Conservation Assistant
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