Stow Conservation Commission
Minutes
November 2, 2015
A meeting of the Stow Conservation Commission was held at the Stow Town Building, 380 Great Road, Stow, Massachusetts, on November 2, 2015 at 7:30 in the evening.
There were present: Andy Snow, Chair
Serena Furman, Vice-Chair (arrived late)
Cortni Frecha (arrived late)
Jeff Saunders
Ingeborg Hegemann Clark
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.
Minutes
Jeff Saunders made a motion to approve the minutes of October 20, 2015 as drafted and amended. Doug Morse seconded the motion and it was passed unanimously.
Appointment – Lenny Rodriguez – Request for Greenhouse Construction – Captain Sargent Conservation Area – Lenny Rodriguez was present. Kathy Sferra provided copies of the request for a greenhouse submitted to the Commission by Rodriquez. Rodriquez stated that he would like a greenhouse to start the growing season earlier in the year and to minimize the impact of deer browse. Andy Snow reviewed the letter sent by the Commission to Rodriquez including the concerns raised during the October 20, 2015 Commission meeting. Snow confirmed with Rodriquez the chicken coup had not been fully removed and requested that it be removed completely before any additional construction. Snow requested the trails be kept open and maintained by mowing and that no farming equipment or any other material be stored along the road and
trails. The Commission reviewed a map of the area with Rodriquez including the road and trails to be kept clear. Rodriquez stated that the farming equipment is too large to store elsewhere and Sferra clarified that the trails must be able to be mowed and maintained. Rodriquez confirmed that he will not store equipment along the road and/or trails. Snow confirmed with Rodriquez that all trash will be removed from the property. Sferra and Snow requested that Lombardo’s not store manure on the property for later sale. All materials stored on the property must be for use by Rodriquez or the community gardeners. Rodriquez stated that the manure belongs to him and is not owned by Lombardo’s and said he will provide the Commission with a letter from Lombardo’s to confirm Rodriquez owns the pile.
Rodriquez confirmed that the proposed greenhouse will require heat. Rodriquez stated that propane will be used to heat the greenhouse. One 100 gallon propane tank will be used for a period of three months (March, April and May) and is expected to be refilled every 15 days. Rodriquez confirmed that the propane tank, system and gauges will be onsite year round but only functioning from March through May 15th. The greenhouse dimensions are eight feet high by 32 feet long and 20 feet wide. The Commission discussed comments received by the Commission office regarding the well being of the animals including concerns about the goats and chickens having sufficient water. Rodriquez described the water system for the chickens and noted that Phyllis Tower, Animal Inspector, conducted an inspection and requested that all the animals be
registered. Rodriquez confirmed that he plans to keep the goats year round but is willing to bring them elsewhere. The Commission noted their concerns that the animals are cared for year round. Sferra confirmed she had not heard from Tower regarding the inspection. The Commission discussed the removal of the chicken coop, the request for a green house and the need to keep the trails clear. Sferra will research getting a gate to prevent cars from entering the farming area. The Commission requested that the chicken coop be removed and all trash cleaned up from the property.
Ingeborg Hegemann Clark made a motion to amend the license agreement with Lenny Rodriquez to include a greenhouse after both the trash and chicken coop are removed. Doug Morse seconded the motion and it was passed unanimously.
Notice of Intent (#299-0605)
Villages at Stow Condominium Association – Orchard Drive – (R-10 #65A)
Snow opened the public hearing for a Notice of Intent filed by the Villages at Stow Condominium Association for a water treatment facility, access and utilities. George Gallagher was present as representative of the Villages of Stow. Gallagher informed the Commission that last summer E.coli was detected in water samples from Villages of Stow. MassDEP has required that a permanent above ground pump station and chlorination system be installed. The proposed structure is sixteen by sixteen feet in dimension and will include a gravel driveway, sewer connection, electric service and associated plumbing. Gallagher displayed plans which included the wetland flags, 35’ no disturb buffer, 100’ buffer and erosion controls. No work is proposed within the 35’ no disturb buffer and no trees are proposed for removal.
Jeff Saunders conducted a site visit and noted that the proposed erosion controls are on the 35’ no disturb buffer line. The area of the proposed work is currently being maintained as lawn. The proposed gravel driveway will go through a field. Saunders noted concerns about erosion due to a steep slope to the east of the proposed building, specifically due to plowing the gravel driveway. A dry well is proposed for roof run off and stormwater management. The Commission discussed potential changes to the proposed work to reduce the proximity to wetlands including moving the dry well location. The Commission confirmed with Gallagher that the driveway could not be reduced in size as the area must be accessible to the fire department. Given the limited area to move the dry well or driveway, the Commission discussed potential options to
prevent gravel going down the slope after plowing. Suggested solutions included a berm, plantings or stone wall to prevent erosion and delineate the 35’ no disturb buffer and the top of the slope.
The Commission reviewed a comment letter from Fred Myers of 49 Heather Lane. Gallagher addressed the comments including confirming that there will not be a fence around the building, no tree removal and no generator installed as part of the project. Christine Rhodes, resident of 38 Orchard Drive, clarified with Gallagher that MassDEP would like the project completed by the end of the year and will begin once all permitting has been completed. Rhodes also expressed concerns about construction vehicle access and parking during and after construction. Gallagher noted the road could be blocked by a gate. Walter Rhodes, resident of 38 Orchard Drive, requested that a sign be posted stating no pets or animals should be allowed in the area. Gallagher confirmed that a sign could be posted. Christine Rhodes expressed concerns about disruption to
the water service and noise. Gallagher described the proposed work plan and noted no disruption should take place to water service during construction. Gallagher confirmed that water samples will be collected at the proposed water treatment facility and described the chlorination system. Bill Hoenshell, resident of 10 Baldwin Drive, inquired if a sign will be posted regarding salt use on the road and if the turnaround could be reduced in size. Gallagher confirmed that turnaround is required for fire truck access and Snow noted a condition could be included in the Order of Conditions (OOC) regarding salt use.
Jeff Saunders made a motion to close the public hearing for Notice of Intent for Orchard Drive filed by Villages at Stow Condominium Association. Sandra Grund seconded the motion and it was passed unanimously.
Abbreviated Notice of Resource Area Delineation
Lundy Mailman – Joanne Drive off Forest/Sudbury Road – (R-13 #1-11 through #11-11, #11-B and #11-C)
Snow opened the public hearing for an Abbreviated Notice of Resource Area Delineation (ANRAD) filed by Frank Lundy, Lundy Mailman, Inc. Rich Harrington, Stamski & McNary, Inc.; Dave Crossman, B & C Associates; Frank Lundy and Rick Lundy were present. Harrington described the location of the property. Resource areas include bank, Bordering Vegetated Wetlands (BVW), isolated wetlands, Land Under Water, Bordering Land Subject to Flooding and Riverfront Area. A fifteen inch culvert is located along the driveway and a rail road right-of-way is located on the property which abuts Honey Pot Hill Orchard. Crossman conducted the delineations on the property and described the site as mixed wetland and upland with a wooded white pine and oak forest and red maple flood plain. Crossman described the wetland areas as mostly wooded swamp with
some marsh. A cart path runs through the property. Crossman noted that at least one potential vernal pool is located on the site and others may be offsite and that the ponds located on the site are shown on Massachusetts GIS as potential vernal pools. Crossman also noted intermittent streams are located on the site as well as a red maple swamp.
Crossman confirmed that the wetland flagging was completed for the front part of the property with snow on the ground (during March 2015) but follow up visits were completed after the snow was mostly gone. Crossman also confirmed he was able to use tools to confirm hydric and non-hydric soils at the site without encountering issues with frost. Crossman did not see activity at the potential vernal pools during his site visits but stated that he would not assume they are not vernal pools. Crossman did replace and add additional flags along the river front during the summer. Ingeborg Hegemann Clark confirmed with Crossman that he was able to identify top of bank for the Assabet River during the dry summer period. Crossman noted that he flagged the top of bank approximately ten feet from the water level during his site visit. Snow inquired how
the stream was confirmed to be intermittent and not perennial. Harrington noted the stream was not located on USGS maps but would provide additional information to explain how this was determined, including a watershed analysis.
Sferra noted that an area flagged as BVW appears as open water on aerial photos. Crossman stated that the area is a dug feature and did not have water during the spring. Sferra described the bylaw definition for a pond and Harrington noted that the area will be reviewed. Hegemann Clark noted that a culvert was installed on the site without a permit and may not be considered an existing condition. Frank Lundy stated that a pipe had been located there for approximately 40 years. Hegemann Clark noted that a request was made by the Commission for Lundy to file when the culvert was installed in 2012 which was not completed. Harrington confirmed that flood profiles for the Assabet River were used and a table was provided in the filing. Harrington described the location of the residential district and conservation/recreation district line on the
plans and noted that the 35’ no disturb buffer will be added to the plans once the wetland lines are confirmed. Harrington also confirmed that parcels 11-B and 11-C are all wetland and floodplain and will be excluded from the site visit and Order of Resource Area Delineation (ORAD).
Arnold Buckman, resident of 27 Sudbury Road, pointed out on the plans displayed by Harrington an intermittent stream, twelve inch culvert and eighteen inch culvert which he stated all have heavy flow in the spring. Harrington confirmed the location of a drainage easement and stated that it can be walked during the site visit. Chris Spear, resident of 42 Forest Road, provided photos of a stream off Forest Road which he stated flows heavily for several weeks during the year at a depth of one to two feet and a photo of an area of flooding approximately six inches deep. Spear noted that there is sand over the culvert that was installed in 2012 and the area floods heavily. Spear also noted that he does not think any of the land is buildable. Hegemann Clark noted that the Commission will conduct a site visit and review the wetland delineation
including vegetation, soils, iron staining and seasonal flooding to confirm the wetland delineation. Spear noted that the property is very wet and that a beaver dam at the Assabet River causes heavy flooding in the spring and that flags he observed while on the property agreed with flooding he has observed.
Serena Furman arrived at 8:35.
Buckman noted that the area behind his house floods heavily in the spring. Andrew Martin, resident of 101 Sudbury Road, requested clarification of the plan displayed by Harrington including the zoning district lines and mean annual water lines. Martin noted that the pond located on the property is also on his property and that it is slowly becoming a swamp. Scott Bracci, resident of 48 Forest Road, noted that the culvert can be heavily flooded at times and flows into the wetland and would like the Commission to take note of it during the site visit. Bracci also noted that he has removed debris from the culvert to keep the flow away from his home. Buckman stated that it is a fifteen inch culvert and Bracci also noted that water travels through a break in the stone wall in the area. Harrington stated if the area being discussed is identified
as a resource area during the site visit, it will be flagged. Buckman noted that there is a stone post by his property which marks the location of the culvert. The Commission discussed the schedule for the site visit and the continuation date. The site visit is scheduled for 9 AM on Saturday November 14, 2015.
Ingeborg Hegemann Clark made a motion to continue the public hearing for an Abbreviated Notice of Resource Area Delineation for Joanne Drive off Forest/Sudbury Road filed by Lundy Mailman to December 1, 2015 on or after 7:30 PM. Sandra Grund seconded the motion and it was passed unanimously.
Request for Determination of Applicability
33 Hale Road – (U-5 #16)
Snow opened the public hearing for a Request for Determination of Applicability (RDA) filed by the owner of 33 Hale Road for a driveway and walkway. Diane Manley and Susan Roth of The Earth Education Company were present as representatives for homeowner Redmond Aylward. Morse and Cortni Frecha conducted a site visit. Roth displayed a plan and noted that the proposed work is in a previously disturbed area outside of the 35’ no disturb buffer but within the 100’ buffer. The proposed work includes the installation of a 1,580 square foot driveway. The driveway will be constructed using uni-block pavers over two inches of construction sand and six to eight inches of ¾ inch gravel to provide adequate drainage. Straw wattle will be installed along the western border of the property near Lake Boon and around the proposed staging
area. Roth noted that the property is at the end of a dead end and that the Town has been plowing snow through the yard toward Lake Boon. The driveway has a minimal slope and significant erosion is not expected. Roth noted that during the site visit stockpiling was discussed. The Commission recommended live loading material to avoid stockpiling and requested that any necessary stockpiling occur outside of the 35’ no disturb buffer and not be onsite more than one to two days. Roth noted that a ramp will be constructed at the property and will limit the space for access and parking during construction. Roth requested that potholes at the end of the driveway be filled with crushed stone. The Commission expressed concerns about the pavers being damaged by plows and Roth confirmed that granite blocks will be installed at the end of the driveway out of the way of snow plows. Roth also noted that the homeowners are aware that there will be seasonal maintenance and repairs required
for the proposed driveway. Roth provided Sferra the revised copy of the proposed plans.
Doug Morse made a motion to close the public hearing for a Request for Determination filed by Redmond Aylward for a driveway and walkway. Serena Furman seconded the motion and it was passed unanimously.
Pompositticut Street – Kristine Butler and Steve Pelletier, residents of Pompositticut Street, were present. Butler noted that they had purchased their property a year ago and were given the right of first refusal on the property owned by Giordano. Butler attended the Commission meeting to ask what progress has occurred on the property and noted that work appeared to have been done over the weekend. Sferra informed Butler and Pelletier that the project has been on the agenda for the last few meetings and that Giordano had provided the Commission a time frame for the work but the project has been moving slowly. Sferra noted that she visited the property that day and a bobcat was onsite and trees piled by the roadway were being cut up. Sferra emailed Giordano on October 16th and 29th and had not yet received a response.
Sferra reviewed the history of the project including the tree removal conducted without a permit, the Notice of Intent filed after the tree removal, and required invasive species work. The tree and invasive species removal was required to begin in 2014 but was delayed due to weather. Butler noted that multiflora rose was removed in October.
The Commission discussed enforcement and noted that the 3 years of required invasive species management work has not been started. The one year of inactivity will not count towards the required 3 years. Sferra noted that the OOC included a requirement to replant trees if the cut trees did not successfully stump sprout. Sferra also noted that the OOC requested that the invasive species contractor meet with the Commission prior to starting work which has not occurred. Giordano provided the name of the contractor but Sferra noted they do not have a pesticide license listed on their website. Butler noted that she had a separate invasive species contractor look at their property and she has concerns about the work completed by Giodano’s contractor thus far. Sferra will send Giordano a certified letter requesting a response. Butler
noted that Giordano has stated he has an offer on the land and that she would like to clarify what is being done before she works on purchasing the property.
Appointment – Mark White – Bentley Builders – Hemenway Farm, 33/45 Walcott Street
Mark White of Bentley Builders was present to update the Commission on the project. White informed the Commission that in April 2014 loam stripping was being conducted on the property in preparation for construction when three drums were found. AECOM tested the drums and trichloroethylene (TCE) was detected. White noted that TCE is a cleaning agent used for auto parts. White displayed maps of the property and described the location of the former house, barn, and cart paths. The plans also included the location of the drums and monitoring wells installed on the property. Permanganate was injected at the site in November 2014 to oxidize the TCE. White stated that the injection worked well and TCE levels dropped significantly. Chromium was detected during additional testing. White noted that the presence of chromium was expected as it is a
byproduct of the oxidation of TCE and should break down following the injection. White also noted that dioxane was also detected but not above reporting limits. Four additional wells and two additional piezometers were installed in September/October 2015 to further delineate the plume. White confirmed that private drinking water well sampling has been conducted at 45 Walcott Street and four additional surrounding properties and no contaminants were detected. The loam stock pile was removed in April 2015 and additional soil is expected to be removed from that area and in the area of monitoring well MW-1.
Saunders noted that if additional wells are required to delineate the plume the Commission should be notified. White confirmed that contaminants have not been detected above the reporting limits in any of the bedrock monitoring wells. White noted that once the area is delineated additional treatment will be selected. Private drinking water well sampling will continue. White noted that 95% of the planned development is away from the area of contamination and that he will not be building on the lot where the drums were identified. White stated that he may move two lots into the proposed circle and leave the lot as open space. The Commission discussed potential erosion and White confirmed that the area is very flat and is stable. White noted he is not expecting to begin development until late next year or later. The Commission thanked White for
his work and commended him for the clean-up efforts. White noted that he has been updating the Board of Health and has met with Nashoba Board of Health onsite to review the project.
Pompositticut Street – Sferra noted that she had received an email from Giordano during the meeting stating that trees and shrubs were removed on the property. Sferra will follow up with Giordano requesting that the Commission receives a schedule for the work by the end of the week.
Certificate of Compliance – 164 Barton Road – Morse conducted a site visit at 164 Barton Road for the Request for a Certificate of Compliance. Morse noted that the work was completed but was slightly different from the proposed plan. The retaining wall was connect to the abutting properties retaining wall, jute matting was installed and additional plantings were installed beyond what was required in the OOC. Doug Morse made a motion to issue a Certificate of Compliance for 164 Barton Road. Serena Furman seconded the motion and it was passed unanimously.
Request for Plan Modification – 269 Boxboro Road – Sferra informed the Commission that a request for a plan modification was received. The contractor for the project identified that a larger propane tank is required for the proposed generator. The propane tank will be 320 gallons which requires restrictions on the distance from the dwelling. Sferra provided the Commission updated plans and noted that the tank will not require tree removal and will be place in an area of open lawn. Additional erosion controls were proposed because the larger propane tank was located outside of the proposed limit of work. Serena Furman made a motion to approve the plan modification for 269 Boxboro Road. Sandra Grund seconded the motion and it was passed unanimously.
Cortni Frecha arrived at 9:35.
Order of Conditions (#299-0601)
178 Barton Road (U-2 #21)
The Commission reviewed the draft OOC for 178 Barton Road. The Commission discussed the importance of the shading of the bank and will require that a site visit be conducted with the landscape architect and site contractor prior to starting the retaining wall work. Ingeborg Hegemann Clark made a motion to approve and issue the Order of Conditions as amended for a178 Barton Road. Sandra Grund seconded, and it was passed unanimously.
Order of Conditions (#299-0605)
Villages at Stow Condominium Association – Orchard Drive – (R-10 #65A)
Sferra provided the Commission a draft OOC for Orchard Drive. The Commission discussed the draft Order and will require that salt be used in accordance with the applicable regulations and that Villages at Stow must propose a form of edging to prevent erosion and gravel from entering the wetland. Cortni Frecha made a motion to approve and issue the Order of Conditions as amended for Villages at Stow Condominium Association. Sandra Grund seconded the motion and it was passed unanimously.
Request for Determination of Applicability
33 Hale Road – (U-5 #16)
The Commission discussed the Request for Determination of Applicability filed by Redmond Aylward. The Commission will require that temporary stock piles are not stored within the 35’ no disturb buffer and that any materials be removed within a week. Ingeborg Hegemann Clark made a motion to approve and issue a Negative #3 Determination. Doug Morse seconded the motion and it was passed unanimously.
Coordinator’s Report
Upcoming Filings – Sferra informed the Commission that she has received three new filings. Sferra will email Commission members to determine assignments.
Notice to Abutters – Minuteman Air Field – Sferra noted that she had received an abutters notice for a Request for Determination required to be filed by Minuteman Air Field with the Boxborough Conservation Commission to determine if field edge maintenance is defined as exempt from the Boxborough Wetland bylaw.
Japanese Knotweed Cutting Party – Captain Sargent – Sferra reminded the Commission of the Japanese knotweed cutting on Sunday November 8, 2015 with the Acton cub scouts and encouraged members to attend.
Green Friday Walk – Sferra informed the Commission that she has contacted Stow Conservation Trust regarding planning a Green Friday Walk on the day after Thanksgiving.
FY 2016 Work Plan – Sferra provided the Commission the final draft of the FY 2016 Work Plan.
Adjournment
Ingeborg Hegemann Clark made a motion to adjourn the meeting at 10:22 PM. Cortni Frecha seconded the motion and it was passed unanimously.
The Commission adjourned at 10:22 PM.
Respectfully submitted,
Jacquelyn Goring
Conservation Assistant
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