Stow Conservation Commission
Minutes
May 6, 2015
A meeting of the Stow Conservation Commission was held at the Stow Town Building, 380 Great Road, Stow, Massachusetts, on May 6, 2015 at 7:30 in the evening.
There were present: Cortni Frecha, Chair
Andy Snow, Vice-Chair
Jeff Saunders
Sandra Grund
Ingeborg Hegemann Clark
Absent: 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 April 21, 2015 as drafted and amended. Sandra Grund seconded the motion and it was passed unanimously.
Sandra Grund noted that it may be beneficial to send the yard waste ad published in the Stow Independent to new home owners. Kathy Sferra informed the Commission that she intends to share the ad with realtors in Stow. Andy Snow mentioned that she has noticed residents are putting up fences and was curious if any are within the Conservation Commissions jurisdiction or may impact it. The Commission discussed fencing and the importance of leaving space for turtles and other wildlife to pass under fencing.
Ingeborg Hegemann Clark arrived at 7:50 PM.
Notice of Intent (#299-0592)
95 Lowell Drive (R-5 #46)
At 7:45 PM Cortni Frecha opened the public hearing for a Notice of Intent (NOI) filed by Eric Kampf for a garage addition and driveway relocation. Scott Hayes of Foresite Engineering, Duncan Thorne the builder for the project, and Kampf were present. Hayes provided revised plans to the Commission which addressed comments from the site visit conducted by Doug Morse and Andy Snow. Hayes described the location of the property which is part of the Harvard Acres subdivision and has bordering vegetated wetland on two sides. The proposed plan includes a two car garage and a breezeway/mud room. The location of the proposed garage is partially within the 35’ buffer in an area which is previously disturbed (asphalt driveway). An infiltration trench is proposed along the current driveway to provide drainage for the roof of the proposed garage and
the current driveway which is not currently mitigated. A two foot strip of driveway will be removed and an area currently maintained as lawn within the wetland is proposed to be restored using wetland seed mix.
The revised plan provided by Hayes included plans to remove 4 existing trees (one maple, one oak and two pines) located along the driveway to allow access for equipment. Snow noted that during the site visit she and Morse identified the potential for tree removal for access. Snow and Morse worked with Kampf to identify which trees would need to be removed to avoid the need for any additional filings or requests. Snow also noted that Morse identified in the field that the roots for these trees may be impacted by the infiltration trench. Snow described the area planned for restoration which is very wet. Snow and Morse did not check the soils during the site visit but confirmed the wetland flags by the presence of water and vegetation. Hayes informed the Commission that the wetland flagging was completed by Chuck Caron of Caron Environmental
Consulting, Inc. Hayes clarified that the existing driveway is 26’ from the wetland and the new garage will be 28’ from the wetland. The infiltration trench is being installed along the driveway in the previously disturbed lawn area.
Frecha stated that she is not in favor of the project as proposed. Frecha noted that she understands that the garage will be located in the previously disturbed driveway area but she does not agree with additional building in the buffer. Hayes responded that the driveway runoff is currently not being mitigated and that the proposed plan will do so and that they are improving the situation and not encroaching further into the 35’ no disturb buffer. Frecha noted that the large trees proposed for removal could not survive if they remained which Thorne agreed was likely correct. Hayes noted that the house was built prior to the wetland laws and bylaws which is a hardship for the homeowner. Frecha asked if the garage could be shifted away from the buffer and not include a mud room. Hayes confirmed is possible but would be difficult and
would require the garage to be shifted forward which would impact the overall layout and look of the existing home.
Snow noted that one of the trees which is proposed to be removed and is closest to the 35’ buffer is not very healthy. The Commission discussed the tree removal and replanting the wetland restoration area for the purposes of creating a vegetated buffer. A vegetated buffer could prevent future homeowners from mowing the area again. The Commission reviewed photos of the wetland area and the property. Ingeborg Hegemann Clark asked if the proposed mudroom could be moved or realigned. The Commission reviewed the alternatives to the proposed plan with Hayes, Thorne and Kampf. If the garage was pulled towards the road and out of the 35’ no disturb buffer the mudroom would need to be moved farther back to work with the slope of the yard which would block the windows in the kitchen.
The Commission discussed how the Kamp’s utilize the back yard within the 35’ no disturb buffer. Kampf noted that seasonally the area is not usable because it is too wet and agreed that restoring an additional 10’ of the wetland buffer would not impact the family. The Commission sketched the proposed restoration area and requested Hayes submit a final plan including the changes. The Commission discussed plantings including red osier dogwood, winterberry, witch hazel, and red maples.
Ingeborg Hegemann Clark made a motion to close the public hearing for a Notice of Intent filed by Eric Kampf. Andy Snow seconded the motion and it was passed unanimously.
Notice of Intent (#299-0593)
20 Sandy Brook Drive (R-1 #69)
At 8:00 PM Cortni Frecha opened the public hearing for a Notice of Intent (NOI) filed by Robert and Leah Bruosta for a house addition and patio. Steve Poole of Lakeview Engineering Associates was present as representative of the Bruosta’s. Poole noted that the project is encroaching into the 35’ no disturb buffer similar to the previous hearing. Poole informed the Commission that the location of the addition was selected due to the existing interior layout of the home. The proposed mitigation includes collecting roof run off from the addition to a proposed cultec infiltration system and planting 26 highbush blueberries and cranberries. The property is bordered by a perennial stream on one side and a drainage swale/intermittent stream on another. Poole described the area proposed for restoration as overgrown with thorns and
brush. The proposed plan includes removing the overgrown brush and replanting the area with blueberries and cranberries to allow the area to return to wetland.
Frecha asked about the layout of the house in respect to the proposed addition. Poole noted the house is a cape style home and that the addition was designed off the living room. Frecha noted she is not in favor of the proposed plan encroaching into the 35’ no disturb buffer. Jeff Saunders confirmed with Poole that the home has already been dormered. Sandra Grund confirmed that the area of proposed addition within the 35’ no disturb buffer is currently maintained as lawn. Poole noted that 142 square feet of the proposed addition is within the 35’ no disturb buffer and 260 square feet of mitigation and infiltration is proposed.
Andy Snow conducted the site visit and discussed while in the field that the addition would have to be off the kitchen to be built out of the 35’ no disturb buffer which would not be practical with the current layout of the house. Snow also noted that the area to be restored has invasive species including bittersweet, multiflora rose and honeysuckle. Poole added that the proposed plantings will add a vegetative border between the wetland and the lawn area. Snow confirmed there is no tree removal planned as part of the proposed project.
Kathy Sferra noted that during her review of the filing she had noticed on aerial photographs that there is an area within 35’ of the perennial stream that is currently being maintained as lawn. Poole confirmed the area is being mowed and it is not actually on the property. Sferra will contact the homeowners to request they no longer mow it. The Commission discussed the invasives and proposed plantings and reviewed photos from the site visit. The Commission noted that the planting of shrubs will help prevent future owners from mowing the restoration area back to lawn.
Andy Snow made a motion to close the public hearing for a Notice of Intent filed by Robert and Leah Bruosta. Sandra Grund seconded the motion.
Poole added that the access to the work area will be around the house farthest from the wetland and would like the description of the access clarified in the Order of Conditions. The Commission discussed the need for and the effectiveness of the proposed cultec infiltration trench. Poole described the construction of the infiltration trench. The Commission recommended using a dry well or trench rather than the proposed infiltration system.
The motion 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)
Andy Snow made a motion to continue the public hearing without testimony for a Notice of Intent filed by the Collings Foundation, Inc. to June 2, 2015 on or after 7:30 PM. Sandra Grund seconded the motion and it was passed unanimously.
Bob Collings was present to discuss the tree planting work near the pond which was scheduled to be completed by May 1, 2015. Collings updated the Commission on the work and noted that the blueberries plants requested as part of the planting plan are not available yet and that they would need more time to complete the work due to the lack of their availability. Collings noted that Ben Poulson will be onsite May 9, 2015 to plant the red and white oaks as per the planting plan and wanted to clarify the location of the trees. The Commission discussed the locations of the trees with Collings and confirmed they would like them planted as shown on the planting plan.
Ingeborg Hegemann Clark made a motion to extend the deadline for the planting to June 1, 2015. Andy Snow seconded the motion and it was passed unanimously.
The Commission discussed the Planning Board meeting regarding Athens Lane. Cortni Frecha volunteered to attend the hearing.
Frecha left to attend the Planning Board meeting at 8:50 PM and did not return.
Agricultural License Renewals – Captain Sargent
The Commission reviewed the written update provided by Jesse Steadman and the drafts of Steadman’s and Lenny Rodriquez’s agricultural licenses. Kathy Sferra informed the Commission that Rodriquez had contacted her regarding the April 30, 2015 deadline to clean up any material unrelated to the farming activities and requested an extension. Andy Snow and Jacquie Goring confirmed that Rodriquez had made some progress in the cleanup. Snow noted that the housekeeping needs to be better in the future including better storage. Snow also noted that she has observed an ATV being used on his leased land. The Commission discussed the draft license renewals. Sferra noted that she had changed the lease period to five years as recommended by the Massachusetts Executive Office of Environmental Affairs (EOEA) rather than the six years that was
accepted at Town Meeting.
Ingeborg Hegemann Clark made a motion to approve and sign the agricultural license renewals for Jesse Steadman and Lenny Rodriquez as drafted and amended. Andy Snow seconded the motion and it was passed unanimously.
Order of Conditions (#299-0592)
95 Lowell Drive (R-5 #46)
The Commission reviewed and amended a draft of the Order including that 2 maple trees and at least 10 shrubs (red osier dogwood, winterberry, and/or witch hazel) be planted along with using wetland seed mix, no concrete wash water be disposed of within 100’ of the wetland, the existing stone wall be extended across the restoration area, and the final plans be submitted to the Commission prior to starting work.
Ingeborg Hegemann Clark made a motion to approve and issue the Order of Conditions for a Notice of Intent filed by Eric Kampf. Doug Saunders seconded the motion and it was passed unanimously.
Order of Conditions (#299-0593)
20 Sandy Brook Drive (R-1 #69)
The Commission reviewed and amended a draft of the Order including that the invasive species be managed to allow the plantings to establish in the restoration area, no concrete wash water be disposed of within 100’ of the wetland, the cultec infiltration trench be removed from the plan and replaced with a dry well or trench and that access to the work area needs to go around the existing house farthest from the wetland.
Sandra Grund made a motion to approve and issue the Order of Conditions for a Notice of Intent filed by Robert and Leah Bruosta contingent on MassDEP issuing a file number with no comments that require changes to the Order of Conditions. Jeff Saunders seconded the motion and it was passed unanimously.
Coordinator’s Report
Alan DiPietro – Maple Street Violation – Sferra updated the Commission on the status of enforcement. Sferra included a letter with his tickets on the agricultural use exemption. There has been no response. Sferra noted that she observed fencing that was erected within the Commission’s jurisdiction and that it appears that the animals will be pastured in wetlands.
Crow Island – The Commission received and read the cease and desist letter to Robert Albright regarding the existing landing field at Crow Island.
Gleasondale Road – Sferra informed the Commission that she met with Mike Clayton, Superintendent of Streets, to discuss the culvert under Gleasondale Road at the bottom of the hill near the light and the reconstruction of Gates Lane. Clayton will attend a June Commission meeting to discuss the project.
Work Session -– Sferra informed that Commission of the scheduled work session on June 30, 2015. The Commission will focus on the Open Space and Recreation Plan and meet with the Open Space and Recreation Subcommittee.
Complaint – Bradley Lane – Sferra informed the Commission of a complaint to the Conservation Commission office regarding a property on Bradley Lane. Sferra reviewed historic air photos and the files for the property including a permit to construct a barn in 1994 which noted no work could be completed within 100’ of the river. The complainant noted that it appears that soils could be eroding into the wetland. Stock piles of material were observed within 100’ of the river. The Commission discussed the complaint. Sferra will contact the owner to discuss.
Pilot Grove 2– Sferra informed the Commission that she conducted a site visit and approved the removal of the erosion controls.
Lot 2 Crescent Street -– Sferra informed the Commission that Greg Roy did not meet the deadline for the Lot 2 Crescent Street plans. Roy will be attending the next Commission meeting on May 19, 2015 and will likely request an extension to the deadline.
Town Meeting Updates and Follow up – Sferra informed the Commission that the budgets and transfers, land acquisition and the invasive species project all passed at Town Meeting. Sferra will be working with John Witten, Town Council, on the Brewer property and would like to discuss the invasive species removal project during the work session in June.
Adjournment
Jeff Saunders made a motion to adjourn the meeting at 10:00 PM. Ingeborg Hegemann Clark seconded the motion and it was passed unanimously.
The Commission adjourned at 10:00 PM.
Respectfully submitted,
Jacquelyn Goring
Conservation Assistant
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