Stow Conservation Commission
Minutes
December 1, 2015
A meeting of the Stow Conservation Commission was held at the Stow Town Building, 380 Great Road, Stow, Massachusetts, on December 1, 2015 at 7:30 in the evening.
There were present: Serena Furman, Vice-Chair
Doug Morse
Cortni Frecha
Jeff Saunders
Ingeborg Hegemann Clark
Absent: Andy Snow, Chair
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
Cortni Frecha made a motion to approve the minutes of November 17, 2015 as drafted. Doug Morse seconded the motion and it was passed unanimously.
Coordinator’s Report
323 Great Road – Sferra informed the Commission that the Board of Selectmen will be conducting a site visit on December 5, 2015 to view the 323 Great Road property. Two representatives from each proposal team will be present. Cortni Frecha noted she is available to attend if needed.
Pompositticut Street Violation – Sferra noted that the trees have been removed from the Pompositticut property.
Request for Certificate of Compliance – Sferra informed the Commission that she is expecting a Request for Certificate of Compliance for 493 Taylor Road but had not received the request to date. We are also waiting on an as-built plan.
Route 62 Bridge Replacement – Sferra informed the Commission that the Massachusetts Department of Transportation (MassDOT) recently completed an inspection of the Route 62/Gleasondale Road bridge and determined it is hazardous. MassDOT is proposing to install a traffic light and close it down to one lane because there is no funding expected to replace the bridge for six years. The Board of Selectmen will discuss the issue at the next Selectmen’s meeting.
184 Barton Road – Sferra noted that work has begun on the retaining wall at 184 Barton Road. The Commission discussed the required replanting which the contractor will most likely begin next year because it is late in the season for planting.
41 Hale Road – Sferra informed the Commission she was contacted by the builder of 41 Hale Road inquiring if the retaining wall previously approved by the Commission under an Order of Conditions (OOC) could be moved four to five feet closer to Lake Boon. The homeowner would like the wall farther from the house then previously proposed and approved. Sferra recommended that either the wall be built as shown or the homeowner request to meet with the Commission to discuss the proposed changes.
Hudson Landfill – Solar Project – Sferra informed the Commission that she is expecting a filing for a proposed solar project to be located on the former Hudson landfill. No panels are proposed in the Stow portion of the property but work will be occurring within the 100’ buffer to a wetland in Stow.
Maple Street Violation – Sferra noted that Alan DiPietro was arraigned on November 30, 2015. A pre-trial conference was scheduled for January.
Radant Technologies – Sferra informed the Commission that she was contacted by the owner of Radant Technologies regarding the open OOC for tree clearing. The OOC requires the work to be completed in frozen or dry conditions and is proposed to begin next week. Sferra is meeting onsite with the owner and contractor to review the proposed work on December 3, 2015.
Upcoming Commission Meetings – Sferra noted that the December 15, 2015 Commission meeting will include the continued hearing for 98 Gleasondale Road and reminded the Commission members that are required to attend to reach a quorum for the hearing.
Report Deadlines – Sferra informed the Commission that she will be reaching out to various applicants this week and next regarding OOCs which required December 1st reporting deadlines. The Commission has not received any to date.
Gleasondale Trail Project – Sferra noted that residents of Gleasondale Road are looking into creating a walking trail network on Town owned land.
Eversource Transmission Line Project – Sferra informed the Commission of the proposed usage of the Central Mass Rail Trail right-of-way by Eversource for a transmission line project. Sferra noted that there is significant opposition to the project including from the Massachusetts Department of Conservation and Recreation (Mass DCR) due to significant tree clearing required to install above ground lines. Ingeborg Hegemann Clark noted that she would recuse herself if the project came before the Commission.
Abbreviated Notice of Resource Area Delineation (#299-0604)
Lundy Mailman – Joanne Drive off Forest/Sudbury Road – (R-13 #1-11 through #11-11, #11-B and #11-C)
Serena Furman 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. and Dave Crossman, B & C Associates were present. Harrington reviewed the revision letter sent to the Commission dated November 25, 2015. The letter included the adjusted wetland flags from the site visit observations and calculations for the intermittent stream located on the property. Harrington described the site walk and changes made in the field including additional bank flags and wetland flags 165A, 166A, 167A, 168A and 175A. Harrington noted that the pond boundaries have not been defined to date in relation to the Stow bylaw. Harrington described the drainage for the easement on the abutting property and drainage structures located in the field
on Robinwood Lane. Harrington reviewed the updated plans and stated that the outlet pipe noted during the previous hearing on the abutting property was located and added to the revised plans.
Ingeborg Hegemann Clark noted that the Order of Resource Area Delineation (ORAD) will not reference the bank flags on either side of the culvert located under the cart road because it is unknown if the resource area has changed as a result of the unpermitted culvert replacement. The Commission will reserve the right to review the culvert when the Notice of Intent (NOI) is filed. Sferra noted that during the site visit the Commission focused their review on the flags in the residential zone and that the ORAD would identify which flags were not reviewed. Hegemann Clark described the area where the wetland flags were adjusted in the flood plain during the site visit and noted that although some wetland plants were identified in the area upland soils were identified. Hegemann Clark noted that Crossman was willing to compromise and adjust the
line 30 to 40 feet in from where it was originally flagged although all three parameters used to identify a wetland were not present.
The Commission noted that extensive dumping of yard waste was identified during the site visit likely from residents of Forest Road. The Commission stated that dumping will affect the wetland resource areas and recommended that the applicant post a no dumping sign. Harrington noted that the property owner posted a no trespassing sign during the site visit.
Crossman stated that he had identified the pipe located on the 27 Sudbury Road property and identified a small channel on the adjacent property. Crossman did not find the channel after crossing the stone wall into the Lundy property. Crossman noted that flow does appear to go through the stone wall but wetland plants were not identified in the area and the soils are sandy upland soil. Crossman stated that he did find sheet flow onto the Lundy property in the spring as described by abutters during the previous hearing. Hegemann noted that the abutting property does appear to be influenced by the flow in the area but does not meet wetland criteria. Harrington clarified with the Commission if the area on the abutting property would be subject to a 100’ buffer. The Commission stated that they did not walk or review the area on the abutting
property as part of the ORAD but would reserve the right to review it at the time of the NOI filing. The Commission confirmed with Harrington that they had reviewed the drainage in Sudbury Road and looked for potential wetlands but the elevations were not surveyed in the area. The Commission discussed the watershed analysis provided by Harrington for the intermittent stream. Harrington noted that he had taken photos of the perennial stream located on the Honey Pot Hill property without flow or water but would not be contesting the stream being perennial or intermittent. Harrington noted that a perennial stream in this area would just increase the Riverfront Area on the lot. The Commission discussed the stream and Harrington confirmed he could not identify where it met the Assabet River. The Commission noted that additional resource areas may be located on the Honey Pot Hill property but would only affect the RC zone on the property.
Cortni Frecha made a motion to close the public hearing for an Abbreviated Notice of Resource Area Delineation for Joanne Drive off Forest/Sudbury Road filed by Lundy Mailman. Ingeborg Hegemann Clark seconded the motion and it was passed unanimously.
Order of Resource Area Delineation (#299-0604)
Lundy Mailman – Joanne Drive off Forest/Sudbury Road – (R-13 #1-11 through #11-11, #11-B and #11-C)
The Commission reviewed the draft ORAD for the Lundy Mailman property. The Commission discussed excluding the culvert and associated bank flags and Bordering Land Subject to Flooding (BLSF) until confirmation is provided with submittal of revised plans that include topography. The Commission discussed the isolated wetland identified by wetland flags A1 through A8 and noted that other vernal pools may be located on the property. The Commission also discussed including in the ORAD that the stream located on the Honey Pot Hill property has not been determined.
Ingeborg Hegemann Clark made a motion to approve and issue the Order of Resource Area Delineation as amended for Lundy Mailman. Cortni Frecha seconded, and it was passed unanimously.
Ingeborg Hegemann Clark left the meeting at 8:15.
Notice of Intent
210 Barton Road and 214 Barton Road (U-2 #31 and U-2 #32)
Furman read the hearing notices for 210 and 214 Barton Road. Greg Roy of Ducharme & Dillis was present as representative for the homeowner, Shirley Rothwell. Roy noted that the NOIs will be presented concurrently and that the Massachusetts Department of Environmental Protection (MassDEP) had not issued file numbers to date. Mark’s Masonry will be completing the proposed work. Proposed work includes replacement of the retaining wall at 210 Barton Road and tying into the existing retaining wall and deck, relocation of the docks, replacing stairs and adding an additional access point to the shoreline. No tree removal is proposed. Roy noted that 210 Barton Road has a timber retaining wall and Sferra provided photos for the Commission that she took on a site visit with Andy Snow. The proposed replacement walls will be of mortared stone
and will be installed by hand. An existing concrete pad at 214 Barton Road will be removed and replaced with a brick patio with no increase in impervious surfaces. An area of lawn above the retaining wall will be converted to a sand beach sitting area.
Roy confirmed with the Commission that all of the work will be completed by hand and no heavy equipment will be used. Roy noted that there are open Order of Conditions for each property. Sferra noted that work was completed in 2008 at 210 Barton without a permit and an NOI was filed after the fact for a dock, patio work and a retaining wall that was never completed. In 2009, a NOI was filed for 214 Barton Road to demolish the house and replace it with the existing house. Sferra noted that she had not received requests for a Certificate of Compliance (COC) for either property. Sferra displayed photos from the site visit and noted that bushes along the shoreline frontage of 214 Barton Road appeared to be trimmed and Japanese barberry and multiflora rose are present on the property. The Commission reviewed the photos and noted that the area of
trimming is likely alder. The Commission confirmed with Roy that the birch located near the retaining wall will remain and noted that the OOC may include a condition that the birch must be replaced if removed. The Commission also noted that the OOC may include invasive species removal and Roy stated that the homeowner would be agreeable to that. Roy confirmed that no fill will be brought in as part of the proposed work and the retaining wall will match the grade of the shoreline but not exceed four feet in height. Sferra noted that the timber retaining wall at 210 Barton Road is falling down and the retaining wall at 214 Barton Road is failing significantly allowing the bank to naturalize.
The Commission discussed the sand beach sitting area and expressed concerns about erosion of the sand into the lake. Roy noted that he could design a lip on the wall to keep the sand from eroding into the lake. Morse noted that gravel could be added below the sand to prevent the sand from eroding and to provide drainage. The Commission discussed installing a mortared retaining wall and the location of the property on the lake and potential wave action. The Commission continued the discussion on the sand area and potential alternatives to avoid erosion. Roy noted he could add a return on the wall. Sferra provided photos of the timber retaining wall at 210 Barton Road which has a lip. The Commission discussed the grade change, the existing disturbed area, the size of the proposed sand area and the potential for freezing and thawing. Morse
noted that a gravel base would prevent issues with freeze and thaw. The Commission requested the Roy add a detail for the sand area with a gravel base and depth of the sand to the plans. Roy confirmed the work would be completed by hand including the work for the sand area. Roy sketched a proposed detail for the area on the plan and the Commission agreed to the design and noted that filter fabric should also be used. Roy will finalize the detail on the revised plans. The Commission discussed the scope of the work proposed to be completed by hand.
Cortni Frecha made a motion to continue the public hearings for Notices of Intent for 210/214 Barton Road to December 15, 2015 on or after 7:30 PM. Doug Morse seconded the motion and it was passed unanimously.
176 and 178 Barton Road – Roy provided the Commission revised plans for 178 Barton Road and noted that the Zoning Board of Appeals issued a decision for the 176 Barton Road project requiring modifications located outside of the Commission’s jurisdiction.
Fiscal Year 2017 Budget - The Commission reviewed the draft FY 2017 Budget and cover memo. The FY 2017 Budget includes an increase in the Conservation Salary line to account for a request for an additional 7 hours of time for the Conservation Assistant. Additionally, the annual request for $10,000 to be appropriated and transferred to the Conservation Fund at town meeting was included in the draft FY 2017 budget.
After discussion, Cortni Frecha made a motion to approve the FY 2017 Budget as recommended and revised. Doug Morse seconded the motion and it was passed unanimously.
Lenny Rodriguez – Request for Greenhouse Construction – Captain Sargent Conservation Area – Sferra informed the Commission that Rodriquez has begun erecting the greenhouse and noted that she met with Rodriquez and reviewed and discussed the issues identified by the Commission.
Adjournment
Doug Morse made a motion to adjourn the meeting at 9:15 PM. Jeff Saunders seconded the motion and it was passed unanimously.
The Commission adjourned at 9:15 PM.
Respectfully submitted,
Jacquelyn Goring
Conservation Assistant
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