Stow Conservation Commission
Minutes
December 15, 2015
A meeting of the Stow Conservation Commission was held at the Stow Town Building, 380 Great Road, Stow, Massachusetts, on December 15, 2015 at 7:30 in the evening.
There were present: Andy Snow, Chair
Serena Furman, Vice-Chair
Sandra Grund
Cortni Frecha
Ingeborg Hegemann Clark
Absent: Jeff Saunders
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
Cortni Frecha made a motion to approve the minutes of December 1, 2015 as drafted and amended. Serena Furman seconded the motion and it was passed unanimously.
Coordinator’s Report
Lundy Property – Sferra informed the Commission that there will be a pre-application meeting with Rich Harrington of Stamski & McNary, Inc. and Planning Board Staff on December 17, 2015 to review the proposed development plans on the Lundy property.
Beaver Solutions LLC – Sferra noted that Mike Callahan from Beaver Solutions LLC will be conducting a site visit on December 16, 2015 at Town Forest to discuss the potential use of flow control devices at the bridge.
Survey for Kalousidan/OARS land – Sferra informed the Commission that the abutting property owners relocated the shed onto their property and removed a portion of the stone wall which was encroaching onto the Kalousidan/OARS land. Sferra provided the Commission a letter from the property owners and noted that the required plantings were not yet completed. The property owners were not able to find the requested plantings at this time and agreed in writing to complete the work by April 30, 2016. The property owners also contributed towards the cost of the survey.
Commercial Dog Walker – Sferra noted that Bruce Trefry, Land Steward, encountered a commercial dog walker exiting Flagg Hill with a large number of dogs off leash. The walker stated she was lost. Trefry spoke to the dog walker when she returned to her car parked at Heath Hen. Sferra noted that the commercial dog walker was contacted via email regarding the regulations for commercial dog walking at Stow Conservation areas and included a warning that if they were found violating the Commission’s dog rules again they would be fined.
323 Great Road – Sferra informed the Commission that the Board of Selectmen will be meeting on January 12, 2015 for final comments, questions and decision on the 323 Great Road proposals.
Lenny Rodriguez – Request for Greenhouse Construction – Captain Sargent Conservation Area – Sferra informed the Commission that Rodriquez has completely taken down the chicken coop and put up the green house.
Radant Technologies – Sferra informed the Commission that she conducted a site visit and observed the tree/brush cutting and the cable and winch system .
Request for Determination of Applicability
62 Sudbury Road – (R-14 #13)
Andy Snow opened the public hearing for a Request for Determination of Applicability (RDA) filed by homeowners Jeff and Pierie O’Connor. Jeff and Pierie O’Connor were present. Jeff O’Connor described the proposed work which includes removal of an existing in ground pool. O’Connor stated that he had applied for a building permit at which time he was notified by Sferra that the work was within the Commission’s jurisdiction. O’Connor noted that any plastic or metal will be removed from the pool then the remaining concrete will be broken up to a size specified by the Building Inspector. The area will then be filled with clean fill and loamed and seeded. Sferra described the location of the property and pool and noted that it is within 100 feet of an intermittent stream. Sandra Grund conducted a site visit and
noted that the area will be accessed from the driveway after removing a portion of fencing. No trees are planned to be removed as part of the proposed work. Grund displayed photos and noted that the intermittent stream was dry at the time of the site visit. The Commission described their jurisdiction to the O’Connor’s.
Serena Furman made a motion to close the public hearing for a Request for Determination filed by Jeff and Pierie O’Connor for pool removal. Cortni Frecha seconded the motion and it was passed unanimously.
Snow explained that conditions may be included in the determination including a requirement for erosion controls. Sferra also noted that she will conduct a brief site visit when the work has been completed. Jeff O’Connor stated that the contractor plans to remove the pool as soon as possible but the work may be delayed by weather. The Commission confirmed that the Determination would be valid for three years.
The Commission discussed the Determination of Applicability. The Commission will request that straw wattles or bales be placed against the fence to avoid erosion.
Ingeborg Hegemann Clark made a motion to approve and issue a Negative #3 Determination. Cortni Frecha seconded the motion and it was passed unanimously.
Notice of Intent (#299-0603) Continuation
98 Gleasondale Road – (R-16 #3)
The Commission opened the continued hearing. Sferra noted that Mark Farrell, the applicant’s representative, would not be attending the hearing. Sferra stated that the Board of Health approved the proposed septic plan. The Commission discussed the proposed septic plan including removal of the large brush pile and replacing the proposed straw wattles with straw bales. The proposed septic system will be mounded three feet above the existing grade. Frecha and Clark conducted a site visit and confirmed that the suggested plan changes made in the field were included on the revised plans. Frecha noted that the cost to move the waterline, as suggested by the Massachusetts Department of Environmental Protection (MassDEP), would likely be $8,000 to $10,000. Frecha and Hegemann Clark requested during their site visit that the proposed plantings
be varied species. The revised plans included both highbush blueberry and sweet pepperbush. Hegemann Clark noted that four trees are proposed for removal including two arborvitae, one Norway maple and one apple tree. Japanese barberry is also proposed for removal and the large brush pile will be removed using an excavator during the septic replacement work. The Commission discussed the brush pile and noted they would like to include a condition in the Order that no further dumping shall take place in the wetlands. The Commission discussed the straw bale line and would like them moved closer to the tree line.
Ingeborg Hegemann made a motion to close the public hearing for Notice of Intent for 98 Gleasondale Road filed by Edith Wooley. Sandra Grund seconded the motion and it was passed unanimously.
Sferra provided the Commission a draft OOC for 98 Gleasondale Road. The Commission discussed the draft Order and will require that no additional trees be removed other than the four requested, no further dumping of yard waste in the wetlands be permitted and that the straw bale line be moved to the tree line.
Ingeborg Hegemann Clark made a motion to approve and issue the Order of Conditions as amended for 98 Gleasondale Road. Sandra Grund seconded the motion and it was passed unanimously.
Notice of Intent (#299-0607 and 299-0608) Continuation
210 Barton Road and 214 Barton Road (U-2 #31 and U-2 #32)
Snow opened the continued hearings for 210 and 214 Barton Road. Greg Roy of Ducharme & Dillis was present as representative for the homeowner, Shirley Rothwell. Sferra informed the Commission that she had reviewed the revised plans and all items identified during the previous hearing were addressed on the plan. Since the last hearing, Sferra also discovered that Rothwell had applied for a Building Permit for a sunporch which was not shown on the plan or included in the NOI for 214 Barton Road. Sferra contacted Roy who was not aware of the proposed sun porch. Sferra also contacted Rothwell’s daughter, resident of 210 Barton Road, who stated that Rothwell believed the sun porch was included in the NOI. Sferra also noted that Requests for Certificates of Compliance were received for the after the fact NOI at 210 Barton and the house
reconstruction at 214 Barton. Sferra also identified a semi-circular patio in the buffer zone that was not completed under a NOI. Sferra requested that Roy provide the Commission one plan for the original NOI for 214 Barton Road and a second plan including the sun porch as a separate filing. Sferra also reviewed the plans for the sunporch to determine if it could be built onto the patio but it was not possible with the configuration of the deck. The Commission discussed the patio built without a permit and the 210 Barton after the fact filing. The Commission also discussed requiring plantings to compensate for the work completed without a permit.
Roy described the sunporch construction which will use helical pilings as supports under the deck for the glass three season porch. Roy confirmed that the sunporch is not proposed within the 35’ no disturb buffer but a portion of the existing patio does encroach onto the 35’ no disturb buffer. The Commission review plans provided by Roy for the sunporch and confirmed that it will not have any doors into the yard that require additional hardscaping. The Commission reviewed photos including an area of 214 Barton that appeared to have erosion issues from roof run off. The Commission discussed requiring plantings including in the area of erosion. Roy confirmed that the birch trees along the retaining wall will not be removed during wall repairs. Roy described the added detail for the proposed sand area which will include gravel
behind the retaining wall and cap stone blocks on top of the wall to prevent the sand eroding into the lake. Roy confirmed with the Commission that plantings will be required as mitigation for the patio completed without a permit.
Cortni Frecha made a motion to close the public hearings for Notices of Intent for 210 and 214 Barton Road. Ingeborg Hegemann Clark seconded the motion and it was passed unanimously.
Hegemann Clark recommended that the planting plan include plants of a substantial size, greater than one gallon. Sferra confirmed with Roy that Rothwell, her daughter, Mark’s Masonry and the sun room contractor should be included in the preconstruction meeting. The Commission noted that they do not want any further work to take place within the buffer without a permit and Roy confirmed he would communicate that to Rothwell. Roy confirmed that his understanding is that the wall repairs will be completed this winter and the sunporch construction will begin in the spring. The Commission noted that two separate pre-construction meetings for each phase may be needed.
Appointment – Kerble – 41 Hale Road
Brett Taylor, builder for 41 Hale Road, and homeowner Eric Kerble were present. Sferra informed the Commission that she had received a call from Taylor requesting to relocate the retaining wall proposed at 41 Hale. Sferra provided the Commission the approved plan and photos of the old retaining wall. The approved retaining wall was proposed in the same footprint as the old retaining wall on the 35’ buffer line to Lake Boon. Taylor informed the Commission that the site is now graded and interior work has begun. The retaining wall at the water line has been completed. Taylor noted that the retaining wall at the 35’ no disturb buffer is on a slope and will require more excavation than expected. To minimize disturbance Taylor proposed bowing the wall out four to five feet in the middle of the wall. Taylor noted that the bow
would encroach into the 35’ no disturb area. Taylor stated that completing the wall as approved would require more excavation and fill due to the slope and wall height.
The Commission confirmed that the Kerbles would plant grass where the bowed wall extends into the 35’ no disturb buffer. Taylor and Kerble confirmed the patio would not be extended into that area. Taylor confirmed that the approved meandering path to the water and recessed stairs in the wall are still proposed. Taylor noted that the bowed wall would be 40 inches high and the approved wall was proposed to be four feet high. Taylor also noted that a railing would be required for the four foot wall. The Commission discussed the request and noted that the wall would have a lower profile and require less soil removal and excavation. The approximate encroachment into the 35’ no disturb buffer is 26 square feet. The Commission discussed plantings on the back side of the wall and clarified with Taylor that the wall would slope gently out
four or five feet. Taylor stated that the 35’ no disturb buffer is staked in the field and he could spray paint the line of the wall for inspection by the Commission. Sferra will conduct a site visit to confirm the bow of the wall. The Commission requested that Taylor provide a letter specifying the plantings and that an equivalent square footage of plantings be planted around the wall as mitigation for the work within the 35’ no disturb buffer. Taylor confirmed he will provide the requested letter.
Ingeborg Hegemann Clark made a motion to modify the approved plan for 41 Hale Road. Sandra Grund seconded the motion and it was passed unanimously.
Certificate of Compliance (#299-0489) - 210 Barton Road (U-2 #31)
The Commission discussed the Request for Certificate of Compliance for 210 Barton Road. Cortni Frecha made a motion to issue a Certificate of Compliance for 210 Barton Road. Sandra Grund seconded the motion and it was passed unanimously.
Certificate of Compliance (#299-0494) - 214 Barton Road (U-2 #32)
The Commission discussed the Request for Certificate of Compliance for 214 Barton Road and the condition requiring plantings as mitigation for the construction of a patio within the buffer without a permit. Cortni Frecha made a motion to issue a Certificate of Compliance for 214 Barton Road. Serena Furman seconded the motion and it was passed unanimously.
Certificate of Compliance (#299-0595) - 278 Red Acre Road (R-31 #27)
The Commission discussed the Request for Certificate of Compliance for 278 Red Acre Road. Serena Furman conducted a site visit and observed that there was clearing up to the 35’ no disturb buffer. Sferra noted that septic grading was proposed up to the 35’ no disturb buffer and clearing was required for the septic grading. Furman also noted that the homeowner appears to be dumping leaves within the 35’ no disturb buffer and the Certificate of Compliance should include a continuing condition that yard waste dumping shall not continue within the 35’ no disturb buffer. Cortni Frecha made a motion to issue a Certificate of Compliance for 278 Red Acre Road. Sandra Grund seconded the motion and it was passed unanimously.
Order of Conditions (#299-0607 and 299-0608)
210 Barton Road and 214 Barton Road (U-2 #31 and U-2 #32)
Sferra provided the Commission a draft OOC for 210 Barton Road and the Commission discussed the draft.
Cortni Frecha made a motion to approve and issue the Order of Conditions as amended for 210 Barton Road. Serena Furman seconded the motion and it was passed unanimously.
Sferra provided the Commission a draft OOC for 214 Barton Road and the Commission discussed the draft. The Commission will request two preconstruction meetings prior to the retaining wall reconstruction and sunporch installation. The Commission included a condition that a planting plan to control erosion and provide wildlife habitat along the shoreline be submitted to the Commission. The planting area should match the square footage of the portion of the non-permitted patio within the 35’ no disturb buffer. The Commission also requested that the plantings be two gallons in size or greater and be planted within one year.
Cortni Frecha made a motion to approve and issue the Order of Conditions as amended for 214 Barton Road. Serena Furman seconded the motion and it was passed unanimously.
Request for Hunting Access – Captain Sargent
Sferra informed the Commission that she had recently noticed that a hunter was using Captain Sargent Conservation land for access to hunt on the adjacent private property. The access road was discovered to be part of Captain Sargent during recent boundary posting work. Sferra was contacted by the hunter after she posted a no access for hunting sign and the Stow Police Dept. got in touch with him. Sferra informed the hunter that the regulations do not allow crossing conservation land with a firearm. The hunter requested that he be allowed to continue to use Captain Sargent as access for hunting on private land for the remainder of the season. Sferra informed the hunter that the Town bylaw requires that he must have written permission for hunting from the land owner. The hunter later provided their written permission to Sferra.
The Commission discussed whether or not to allow the hunter access through Captain Sargent for the remainder of the hunting season. The Commission noted that there is additional access to the private property and expressed concerns about using Captain Sargent as access for hunting. The consensus of the Commission is to request that the hunter’s deer stand be removed from the property line and not allow access for hunting through Captain Sargent.
Adjournment
Serena Furman made a motion to adjourn the meeting at 9:47 PM. Ingeborg Hegemann Clark seconded the motion and it was passed unanimously.
The Commission adjourned at 9:47 PM.
Respectfully submitted,
Jacquelyn Goring
Conservation Assistant
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