Stow Conservation Commission
Minutes
March 17, 2015
A meeting of the Stow Conservation Commission was held at the Stow Town Building, 380 Great Road, Stow, Massachusetts, on March 17, 2015 at 7:30 in the evening.
There were present: Cortni Frecha, Chair
Andy Snow, Vice-Chair
Doug Morse
Serena Furman
Ingeborg Hegemann Clark
Sandra Grund
Absent: Jeff Saunders
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 March 3, 2015 as drafted and amended. Sandra Grund seconded the motion and it was passed unanimously.
Coordinator’s Report
New Project Assignment – Sferra informed the Commission that she is expecting three Notice of Intent (NOI) fillings before the next Commission meeting. Sferra will email the Commission to assign them.
Request for Demolition prior to Erosion Controls – 41 Hale and 553 Sudbury – Sferra informed the Commission that the applicant at 553 Sudbury Road responded to the Commission with the plans for the partial erosion controls prior to demolition. Sferra noted that some of the erosion controls cannot be implemented until the current house is removed. The Commission reviewed the plan to install the partial erosion controls and recognized that the demolition is away from the area of concern. The Commission noted that if the contractor is concerned about leaving the remaining erosion control materials onsite because of rain they recommend using a tarp to cover them. The applicant at 41 Hale did not respond to the Commission with a partial erosion control plan.
Andy Snow made a motion to approve the partial installation of erosion controls and demolition at 553 Sudbury Road. Ingeborg Hegemann Clark seconded the motion and it was passed unanimously.
Pilot Grove – Greg Roy contacted Sferra to reschedule the appointment for Pilot Grove and to have additional time to complete the replication plan in more favorable weather conditions. The Commission discussed the request and rescheduled the appointment for April 21, 2015.
Request for Determination of Applicability
73 Gates Lane – (R-10 #24)
At 7:45 PM Cortni Frecha opened the public hearing for a Request for Determination of Applicability (RDA) filed by the owners of 73 Gates Lane for a house addition. Home owners Gary and Susan Norris were present. Gary Norris informed the Commission that the home addition design was completed by Ed Buckingham of Colonial Home Design of Westford. A ten foot extension to the garage and basement and an extension of the deck are proposed. The deck extension will wrap around the back of the house requiring six posts and concrete sonotubes. The front steps will be removed and replaced and a portico roof will be added. Norris noted that the septic field is located in the front of the house therefore heavy equipment cannot travel over the area and will not be used to remove and reconstruct the stairs.
Norris informed the Commission that the ten foot extension of the deck will extend into the driveway, a previously disturbed area which was confirmed by Andy Snow during her site visit. Norris noted that the current distance from the garage to the mapped wetland is approximately 67’ and after the addition the garage will be approximately 63’ from the wetland. Hay bales will be used at the tree line to prevent silt from the deck and garage work from entering the wetland.
Snow informed the Commission of the site visit and noted most of the work will be taking place in the existing driveway. The driveway expansion will occur away from the wetland and will not extend any closer to the wetland. Snow noted she discussed storm water runoff with the Norris’ and that not much can be done because of the pitch of the yard. Snow and Norris noted that the current deck has had significant damage due to the recent ice dams. Norris reiterated that heavy equipment cannot access the area and that he expects a piece of equipment similar to a bobcat will be used to install the sonotubes for the deck.
The Commission identified a series of white pines that appeared to have been removed after reviewing an aerial photograph during the hearing. Norris informed the Commission that they had been removed last year because the trees were approximately 85 feet high and they were concerned about them hitting their home. The Norris’ informed the Commission one of the pines had hit the house in the past during a storm. Ingeborg Hegemann Clark noted that the Commission has previously asked applicants to plant to replace the lost habitat after tree removal. Sandra Grund noted the Commission can provide them with a list of suggested plants. The Commission discussed the location of the property and sun exposure. The Commission asked about the number of trees removed which Norris confirmed 15 in the back and 6 along the side of the property.
The Commission informed the Norrises that the decision would be ready for pick up this week.
Ingeborg Hegemann Clark made a motion to close the public hearing for a Request for Determination of Applicability filed by Gary and Susan Norris. Sandra Grund seconded the motion and it 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)
At 7:45 PM Cortni Frecha opened the public hearing for a Notice of Intent (NOI) filed by Collings Foundation, Inc. for construction of a 66,000 square foot museum building, associated site and utility work with access road and wetland crossing. Steve O’Connell of Andrews Survey and Engineering and Bob Collings and Rob Collings were present as representatives for Collings Foundation, Inc. O’Connell stated that he felt the overall sentiment of the Commission during the previous hearing was that the historic fill restoration was the preferred approach over replication. In order to achieve the openness ratio, O’Connell presented a plan for one 72 inch pipe embedded 1.5 feet into the substrate to allow the passage of wildlife and two 15 inch pipes to provide hydraulic connection. The Commission would like to see the wetland area
in the field. O’Connell requested that the Commission schedule a site visit.
Cortni Frecha opened discussion for public comment. Carol Gregory of 180 Barton Road asked if O’Connell had considered a bridge instead of pipes and disturbing the wetland as requested by the Commission in the previous hearing. O’Connell clarified that the request was made by the Commission to address the use of a bridge as part of the alternative analysis and noted that the wetland crossing is not required to meet the stream crossing openness standard which they have attempted to meet. O’Connell noted that he has received prices for a bridge from the contractor which will be included in the alternative analysis. O’Connell explained the alternative analysis process which he described as a cost analysis. The Commission confirmed they were not expecting information about the bridge during this hearing. Bob Collings
asked O’Connell if the bridge would be more construction which O’Connell agreed it would be. Frecha explained that the law requires that the Collings Foundation explore a way to limit the disturbance of wetlands and that the Commission and the Planning Board are trying to work cooperatively to identify plan revisions.
Gregory inquired how the proposed building and roadway will affect the Chapter 61B status of the land. Kathy Sferra noted that this is not part of the Commission’s jurisdiction but explained that if a property is planned for development for a non-chapter purpose the land owner is required to give the town the opportunity to purchase the property through a right of first refusal process. The Assessors would be involved in determining whether it was a change a use. O’Connell noted that the Conservation Commission’s jurisdiction does not include Chapter 61 but confirmed the Collings Foundation is working to remove it from Chapter status.
Steve Gregory of 180 Barton Road inquired about the amphitheater berm and if the Commission had weighed the pros and cons of having increased activities but also reduce noise on Barton Road. O’Connell displayed the plans for the berm. The Commission confirmed that this area is not within their jurisdiction. O’Connell noted that he does not want to describe it as an “amphitheater” and that the area is a place for storing extra material and will be used as a viewing area.
O’Connell noted he is continuing to work on addressing Sue Carter’s comments including the storm water runoff and the operations and maintenance (O&M) plan. Sferra provided O’Connell with comments from Jeff Saunders. The Commission inquired about the height of the wall which O’Connell confirmed is approximately nine feet high with a four foot cover over the 72 inch pipe for structural load. O’Connell also confirmed that the wall is being designed for tanks to travel over it.
The Commission scheduled a site visit for March 29, 2015, weather permitting.
Serena Furman made a motion to continue the public hearing for a Notice of Intent filed by the Collings Foundation, Inc. to April 7, 2015 on or after 7:30 PM. Andy Snow seconded the motion and it was passed unanimously.
Request for Determination of Applicability Decision
73 Gates Lane – (R-10 #24)
The Commission discussed the removal of the 21 white pine trees from the property. Kathy Sferra noted that the Commission should inquire about the tree company that completed the tree removal and reach out to them regarding the wetland regulations. The Commission discussed plantings for wildlife habitat replacement and tabled further discussion until after the next appointment.
Appointment – Lenny Rodriquez – Captain Sargent Agricultural License
Lenny Rodriquez was present to discuss with the Commission the progress of the previous season, and plans for next season as preparation for renewal of the license agreement. Rodriquez informed the Commission that the previous season had gone well without any issues. Rodriquez explained to the Commission that he could not obtain the two cows he had hoped to last season which were included in his license agreement due to timing and availability. Kathy Sferra confirmed with Rodriquez that he would like to continue to have cows on his lease agreement and that he plans to try again this season to get them. Rodriquez noted that he would like electricity service for lighting and pumps and a well for shared use with the other Captain Sargent farmers. Sferra informed Rodriquez she has received an estimate for a well to be installed but it
would be a hand pump well. Rodriquez also noted that electricity would be helpful to prevent water from freezing for his chickens.
Sferra informed Rodriquez of some issues that were brought to the Commission from last season. The main access from Tuttle Lane is very muddy and makes pedestrian travel very difficult during the spring melt season. Sferra feels that the Commission has a responsibility to keep that trail open for pedestrians and noted that recycled asphalt cannot be used as it was in the previous season. A separate trail or improving the road is necessary. The Commission discussed using gravel and/or crushed stone to prevent mud and rutting and Rodriquez explained where he would like the material to be placed.
Sferra inquired about the large pile of mulch and compost/manure which Rodriquez confirmed he is planning to have removed. The Commission discussed with Rodriquez periodic complaints regarding housekeeping and various materials stored in his area not related to farming equipment. Rodriquez and the Commission agreed to have the non-farm related equipment removed and other materials organized by April 30, 2015. Rodriquez confirmed he has no plans to keep any other animals other than listed on the lease (chickens and cows) and has no plans for additional rabbits. Sferra informed Rodriquez of the invasive species removal and mapping proposal including the knotweed patch located on the edge of Tuttle Lane. Rodriquez and the Commission will work together once the area is opened up after the removal project is complete.
Request for Determination of Applicability Decision
73 Gates Lane – (R-10 #24)
The Commission continued the discussion regarding the decision. The Commission discussed the sun exposure for the property and suggested plant varieties for both trees and shrubs to replace the habitat lost by the white pine removal in the buffer. Serena Furman recommended the Commission include in the decision that concrete wash water should not be disposed of within the wetland buffer, as is typically done for projects involving cement work.
Ingeborg Hegemann Clark made a motion to approve and issue for a Negative #3 Determination of Applicability for the project with conditions that five native ornamental 1 ½” trees and 20 two-gallon shrubs be planted in the location where white pines were removed in the 50' wetland buffer; erosion controls shall be completed as shown on the plan; and no concrete wash water shall be disposed of within the 100' buffer.
Appointment – Ben Schlosser – Captain Sargent Agricultural License
Ben Schlosser, Emily Liss, Kevin Aderer, Michael Reardon and Jason Hurd were present to discuss with the Commission the progress of the previous season, plans for next season and to renew the license agreement. Schlosser informed the Commission that the chickens were successful but dead grass and thatch has made grazing difficult. Schlosser would like to use guinea hogs to turn up the thatch and try to repair the field for future uses. Schlosser introduced his new team who are helping him run Earnest Farm and develop a farm management business. Schlosser would like to work with Jesse Steadman to reduce costs of mowing using livestock and rabbits and to manage the land around his Christmas trees.
The Commission discussed the hawk predation during last season. Schlosser confirmed that egg production was low and the chickens were stressed from both the hawks and freezing water. Schlosser noted that the hoop house collapsed during the first snow storm after the chickens had been removed. The Earnest Farms team is focused on identifying what the land needs and designing a plan around the ecosystem. The Commission noted that the area is a shared resource with the Town and that Schlosser needs to communicate the plans for next year. Schlosser and his team plan on focusing on regeneration and grazing and would like to create better top soil for Steadman’s trees.
Cortni Frecha noted that communication is crucial to the Commission and the office which interfaces with the public regularly. The Conservation office received calls regarding the hawks and loose chickens which could pose a public safety issue if they entered South Acton Road. Schlosser noted that Reardon will be the point person for contacting all of their landowners. The Commission exchanged contact information with Reardon. Kathy Sferra explained that the communication for the previous season was unacceptable which Reardon assured the Commission he will be available to handle issues immediately.
Schlosser noted his concerns about his access from South Acton Road and that he was able to fit the chicken wagon in through that access but had difficulty getting it out. Schlosser will be designing a narrower wagon for the next season but would like to discuss using the Tuttle Lane access road with Lenny Rodriquez.
The Commission recommended that Schlosser have a conversation with Steadman to better understand his plans for future seasons. The Commission would like Schlosser and his team to come back to a meeting before his lease agreement expires in May to present a plan for the next season. Schlosser agreed and would like to create a land management plan which would incorporate recreation and land use for Captain Sargent.
Sferra discussed the invasive species mapping and removal project with Schlosser and his team. Schlosser and his team noted the use of goats and other practices for invasive species removal which the Commission agreed may be practical in the future for the stone walls and field margins and future maintenance of invasives after the removal project is complete. The Commission discussed the plan for predators and using electric fencing which Schlosser agreed to incorporate in his plan for the future.
Schlosser and his team discussed their thoughts on creating a long term management plan for the property. The Commission noted that the management plan that was written when land was acquired in the 1980’s should be revisited in the future. Schlosser and his team would like to be involved with that process.
Coordinator’s Report
Planning Board Request for Comments – The Commission reviewed the Planning Board request for Stowaway Inn and confirmed the proposed work is outside of the Commission’s jurisdiction. The Commission discussed the proposed work at BOSE and their hope to have to planned trails connect with the other trails in the surrounding area. The Commission will provide comments to the Planning Board regarding the proposed BOSE trails.
Marble Hill Access during Fire Station/Community Center Construction – Sferra informed the Commission that she had discussed the access to Marble Hill with the Recreation and Building Departments. A single track pedestrian trail between the fence and wetland will be created for people on foot. There will be no parking and the driveway will be closed off with a gate during construction. Once the project is complete the path will no longer be maintained.
Draft Public Hearing Process – The Commission reviewed and discussed the draft public hearing procedures document created by Sferra. The Commission will implement this process for future meetings.
Work Session Topics – The Commission discussed the work session topics including the invasive species project and enforcement issues. Sferra may have drafts of the vernal pool and buffer area regulations. The Commission will also set aside time for members to discuss MACC conference topics and the open space and recreation plan.
Open Space and Recreation Survey – Sferra informed the Commission that there have been 240 responses to date and that the survey will remain open through the end of March. Preliminary results show an interest in conservation and a lack of response from residents under the age of 18 years old. Sferra will work on getting the word out to Stow youth. The Commission reviewed the early results.
Board of Health Draft Well Regulations – Sferra informed the Commission that Jack Wallace had requested input for ways the Health Department could work better with other Town offices. Sferra requested a form similar to one in use with the Building Department. The Board of Health will create a similar form to notify the Commission when they have received septic or well permit requests. Sferra shared with the Commission the Board of Health draft well regulations. The Commission discussed their comments and questions and Sferra will provide the Board of Health with a letter from the Commission.
Adjournment
Ingeborg Hegemann-Clark made a motion to adjourn the meeting at 10:07 PM. Andy Snow seconded the motion and it was passed unanimously.
The Commission adjourned at 10:07 PM.
Respectfully submitted,
Jacquelyn Goring
Conservation Assistant
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