Stow Conservation Commission
Minutes
November 17, 2015
A meeting of the Stow Conservation Commission was held at the Stow Town Building, 380 Great Road, Stow, Massachusetts, on November 17, 2015 at 7:30 in the evening.
There were present: Andy Snow, Chair
Serena Furman, Vice-Chair
Cortni Frecha
Jeff Saunders
Ingeborg Hegemann Clark
Absent: 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
Cortni Frecha made a motion to approve the minutes of November 2, 2015 as drafted and amended. Serena Furman seconded the motion and it was passed unanimously.
Coordinator’s Report
Japanese Knotweed Cutting – Captain Sargent – Sferra updated the Commission on the Japanese knotweed cutting on Sunday November 8, 2015 with the Acton cub scouts. Sferra shared photos of the knotweed post treatment, dead and after cutting. Sferra noted that now the area is open and free of knotweed, the area will need to be blocked off next spring and discussed revegetation. Cortni Frecha recommended that the old foundations in the area be preserved and Jacquie Goring noted that interpretive signs could be added including history on the property. Andy Snow noted that now the area is clear it could invite parking and dumping of yard waste. The Commission discussed applying for Community Preservation Act (CPA) funds to build a stone wall that matches the historic area.
323 Great Road – Sferra informed the Commission that she presented the Minister’s Pond Park proposal for 323 Great Road to the Board of Selectmen. The Board of Selectmen will be scheduling a site visit and will decide how to proceed at a subsequent Selectmen’s meeting. Sferra noted that if the Minister’s Pond Park proposal is selected, CPA funds would be requested for the project. Sferra will be working on cost estimates for the park. Serena Furman noted a nature play area was recently completed in Concord at Gowing’s Swamp.
Upcoming Meetings – Sferra reviewed the meeting schedule for December 2015 with the Commission. The Commission will meet on December 1st and December 15th and will not meet on December 29, 2015.
Notice of Intent (#299-0603)
98 Gleasondale Road – (R-16 #3)
Snow opened the public hearing for a Notice of Intent filed by the owner of 98 Gleasondale Road for septic system replacement. Mark Farrell of Green Hill Engineering was present as representative of the owner. Farrell described the location of the site. The property is improved with a single-family ranch style home built in 1957. A drinking water well is located in the front yard. A cesspool with overflow trenches is located in the back of the property and failed Title 5 inspection. The property owner is in the process of selling the property. A two compartment septic tank and pump chamber are proposed to replace the existing cesspool. Title 5 regulations require the septic system to be located 100’ from the drinking water well. Stow Board of Health regulations also require a 50’ setback from wetlands. Farrell noted the property
owner has petitioned the Board of Health to waive the setback from wetlands. Farrell noted that they have not received Board of Health approval to date. Straw wattles are proposed behind the work area as erosion controls. The proposed septic work will be in an area of existing lawn located between the wetland and a landscaping area. A waiver has been requested from the Commission for proposed grading into the 35’ no disturb buffer.
The Commission noted that MassDEP provided comment on the proposed work inquiring if there are alternatives to siting the leach field within 50’ of the wetland including moving the septic system in front of the house and relocating the well. Farrell stated that it would be possible but would require abandoning the existing well, replacement of plumbing in the basement and installing a new well estimated to cost approximately $12,000. The Commission recommending using straw bales as an alternative to the less effective straw wattles. After discussion it was agreed that the applicant would use straw bales in the back of the property closest to the wetland, beginning at wetland flag 2, and straw wattles for the rest of the erosion controls. Farrell stated that he would like to request a continuance pending Board of Health approval.
Farrell confirmed that the proposed septic system could be moved five feet closer to the house and still meet well and foundation setback requirements. Farrell noted that constructing a retaining wall would not reduce the need for grading and would increase the cost of the project by approximately $8,000 to $10,000. Farrell noted that a poly barrier is proposed which requires ten feet less of grading and costs only $300.
Farrell confirmed that bushes could be planted as close as five feet from the leach field. Farrell also confirmed that the septic system is sized for a three bedroom home. The next Board of Health meeting is scheduled for December 3, 2015. James Powers, resident of 104 Gleasondale Road, confirmed with Farrell that the septic system is proposed to be three feet above the existing grade. Farrell noted that the height of the septic system is determined by the groundwater table which is high in the area. Powers noted the area was previously used as cow pasture land and agreed that groundwater is high in the area. Powers also noted that he has two sump pumps in his basement and one runs continuously and had no objections to a raised septic system or any of the proposed work.
Cortni Frecha made a motion to continue the public hearing for Notice of Intent for 98 Gleasondale Road filed by Edith Wooley to December 15, 2015 on or after 7:30 PM. Ingeborg Hegemann Clark seconded the motion and it was passed unanimously.
Request for Determination of Applicability
18 Center Place – (U-9 #5)
Snow opened the public hearing for a Request for Determination of Applicability (RDA) filed by the owner of 18 Center Place for well replacement. Homeowner Stephen Quirk was present. Quirk provided a copy of the proposed plan. The proposed work includes replacing the existing well which is located between 35 and 37 feet from the existing septic system 67 feet from the leach field. Quirk noted that high bacteria levels were detected in the water and the well must be moved 100’ from the leach field. The proposed well will be located in front of the house within the 100’ buffer on private property to which Quirk has an easement. The proposed well will be located within 87 feet of the wetland. Quirk noted that the septic company identified that the leach field is farther away from the house then shown on the plan; therefore the well
could be moved farther away and located outside of the 100’ wetland buffer. Quirk also noted that the well driller has not been to the property to approve a new location for the well. Quirk stated he will try to keep the well outside of the 100’ wetland buffer but no closer than 87 feet to the edge of the wetland. Sferra noted that the well was initially proposed within the 35’ no disturb buffer but she worked with the homeowners, Board of Health and well drillers to find a location as far from the wetland as possible. The Commission discussed the location of the proposed well. Quirk noted that the barn and driveway are located between the proposed well and the wetland and that the well will be at least 87 feet from the wetland. The Commission requested that a site visit be conducted prior to starting the work.
Cortni Frecha made a motion to close the public hearing for a Request for Determination filed by Stephen Quirk for well replacement. Serena Furman seconded the motion and it was passed unanimously.
Notice of Intent (#299-0606)
Linear Retail Properties #1 – 117 Great Road – (R-30 #13A)
Snow opened the public hearing for a Notice of Intent filed by Linear Retail Properties #1 for a water storage tank, pump house and utility work. Michael Ohl, Comprehensive Environmental, and Joseph Steffano, Liner Retail, were present as representatives for Linear Retail. Ohl displayed plans and informed the Commission that the existing water supply is located behind the plaza and is considered a public water supply due to the number of patrons it serves. Ohl informed that Commission that water quality testing has indicated that the water requires chemical treatment to address low pH levels and meet DEP standards. The abandoned former pump station, a small concrete structure set approximately twelve to thirteen feet below grade with an at grade foundation, will be used as a footing for the new pump station. A building will be constructed on
the foundation and will hold a skid mounted hydromatic pump unit, tank, and electrical controls. A concrete tank will be installed below grade which will allow a steady flow of water to the plaza as needed. Ohl noted that the current system is not providing an adequate flow to the plaza.
Ohl noted that an electrical pole was identified during a site visit that will be used to provide electrical service to the new pump house. Updated plans for the electrical service were provide by Ohl. Ohl noted that a waiver for the 35’ no disturb buffer will no longer be required for the project with the updated electrical service plans. Ohl noted that the existing tank will be filled using material from the area excavated for the new tank. Above grade structures for the proposed holding tank include a vent pipe and chimney access. Straw wattles are proposed just beyond the work area.
Jeff Saunders conducted a site visit and noted that four trees, three of which are unhealthy and one heavily trimmed to protect electrical lines, will be removed as part of the proposed work. Saunders also noted that a contractor has not been selected which Ohl confirmed they will be meeting onsite with contractors the following day and will confirm the number of trees to be removed. The Commission noted that if more trees are required to be removed they must be notified and the Order would need to be amended. Saunders confirmed that the work area is relatively flat before dropping off to the pond and that wattles should be sufficient for erosion control. The soils on the site are sandy and any erosion would likely flow away from the pond toward the parking lot. Ohl confirmed that additional fill material will be required to fill the
existing holding tank. Ralph Crowell, resident of 302 Main Street in Hudson, noted that he was the previous owner of the shopping center and that the existing tank was used for the sprinkler system. Crowell also noted that the existing tank may be partially over the property line onto the abutting lot that he owns. Ohl reviewed the plans and noted he will confirm with Crowell the location of the existing tank.
Ingeborg Hegemann Clark made a motion to close the public hearing for Notice of Intent for 117 Great Road filed by Linear Retail Properties #1. Serena Furman seconded the motion and it was passed unanimously.
Notice of Intent (#299-0602) Continuation
176 Barton Road (U-2 #20)
Greg Roy of Ducharme & Dillis and Larry Smith, property owner of 176 Barton Road were present. Roy provided the Commission a letter addressing questions from the previous hearing and Zoning Board of Appeals (ZBA) hearing. Roy also provided updated plans for the proposed work. Roy noted that the proposed house has been redesigned with Smith’s architect following the ZBA hearing. The redesigned structure is wider and the proposed patio was made shorter to accommodate the width of the house. No changes were made to the buffer zone work with the exception of a pathway to accommodate a side entrance to the house. Additional updates to the plan included construction details for the sonotubes, utility lines, gas service, and propane tank all located outside of the 100’ buffer to the lake. Roy noted that additional shrubs are
proposed including tatarian dogwood and spice bush, as requested by the Commission, to provide more diversity to the plantings. Roy also noted that two spice bushes are proposed to replace the fourteen inch oak discussed in the previous meeting and will provide a yellow color in the fall to match the existing beech trees that will be removed. Roy also noted that spice bush gets taller than most shrubs but not as tall as a tree. The height of the retaining walls was revised on the plan and all will be less than four feet tall.
Roy noted that a habitat study was completed for both 176 and 178 Barton Road and that no adverse impacts were identified. Roy clarified the size of the dock as five feet by seventeen feet. The dock will still be removed in winter. The mitigation included in the report is the planting of nine high bush blueberry bushes. Sferra noted that she is concerned about the precedent for the project and understands the benefits of the proposed work as articulated by Smith. Sferra noted specific concern about the very steep slope to the lake and requested that once a contractor is selected she is given contact information for them and they are provided her contact information as well. A pre-construction meeting should occur on site. Roy noted that multiple erosion controls are proposed and that they are taking the very steep slope seriously. The
Commission requested that additional erosion control materials be kept onsite to quickly address erosion issues.
Smith confirmed that the pump house will not be removed by hand. The Commission discussed the removal of the fourteen inch oak and the preference to replace a tree with a tree, rather than a shrub. Roy confirmed that the spice bush and other shrubs will be trimmed on the one side of the property and the shrubs closest to the water will be allowed to grow to full size. The Commission discussed the precedent for the proposed work and previous requests for work within the 35’ no disturb buffer on Lake Boon. Smith noted that there is not another site on the lake where a house is located within the 35’ no disturb buffer requiring demolition and that a project like this would likely not come before the Commission for decades. Sferra noted that she has received many comments expressing concerns about the proposed tree removal on
the property. Smith noted that the abutters are in favor of the proposed work and that the trees have likely grown in since the cottage was constructed. The Commission noted that they are in support of a natural buffer to the lake. Roy noted that they have taken into consideration habitat values, aesthetics by the lake and erosion controls while removing the house from the 35’ no disturb buffer and preserving the view. The Commission noted the benefits of removing the house from the 35’ no disturb buffer and discussed the clearing for creating a view and planting a tree rather than two spice bushes. The Commission also discussed the perching habitat provided by the overhanging branches along the shore line. Roy confirmed that five trees and one Japanese maple are being kept within the 35’ no disturb buffer. Smith confirmed he would be willing to plant three spice bushes in total to add more massing. The Commission noted that Roy and Smith had done a lot of work on
the planning to try to meet the requests made by the Commission.
Ingeborg Hegemann Clark made a motion to close the public hearing for Notice of Intent for 176 Barton Road filed by Larry Smith. Cortni Frecha seconded the motion and it was passed unanimously.
Request for Determination of Applicability
18 Center Place – (U-9 #5)
The Commission discussed the Request for Determination of Applicability filed by Stephen Quirk. The Commission will request that Sferra be able to inspect the limit of work before it begins and that the well be located at least 50’ from the wetland and on the opposite side of the driveway from the wetland.
Cortni Frecha made a motion to approve and issue a Negative #3 Determination. Serena Furman seconded the motion and it was passed unanimously.
Order of Conditions (#299-0606)
Linear Retail Properties #1 – 117 Great Road – (R-30 #13A)
Sferra provided the Commission a draft OOC for 117 Great Road. The Commission discussed the draft Order and will require that clean fill be used to fill the existing water tank and the area be monitored for invasives after construction.
Ingeborg Hegemann Clark made a motion to approve and issue the Order of Conditions as amended for Linear Retail Properties #1. Serena Furman seconded the motion and it was passed unanimously.
Order of Conditions (#299-0602)
176 Barton Road (U-2 #20)
Sferra provided the Commission a draft OOC for 176 Barton Road. The Commission discussed the draft and will require that a third spice bush be planted and that no lawn will be planted within the 35’ no disturb buffer. The Commission will also request that the plan be amended to show silt fence and straw bales for erosion controls and additional erosion controls must be kept onsite. A pre-construction meeting will also be required prior to work beginning at the site.
Ingeborg Hegemann Clark made a motion to approve and issue the Order of Conditions as amended for a 176 Barton Road. Cortni Frecha seconded, and it was passed unanimously.
Coordinator’s Report – Continued
184 Barton Road – Sferra informed that Commission of an email from Dennis Murphy, owner of 184 Barton Road, following several difficult conversations with his contractor. The contractor informed Sferra that the planting will be done following the retaining wall repair which Sferra clarified is not what is required in the OOC. Murphy apologized for the contractor and provided an email update. The Commission discussed the planting and noted that it may be too late to plant this season.
Pompositticut Street – Sferra noted that she has seen the tree contractor over the last few weeks but they are not done removing the trees. Sferra also noted that she had scheduled a meeting with the invasive species contractor that was cancelled. The Commission discussed the tree removal and invasives work and noted that it will likely need to be started next season.
Pine Bluffs – Sferra updated the Commission on the work at Pine Bluffs and noted that all of the trees within the juniper bowl were removed. Sferra reminded the Commission that Ben Gary had put tape around the clusters of trees to be removed but all were cleared. The Commission discussed the tree clearing and the need for sight lines from the beach to the bath house. Snow displayed photos. The Commission discussed the clearing by the bocce court which is out of their jurisdiction and the fencing between the road and field which was required by the Planning Board.
Green Friday Hike – Sferra reminded the Commission of the Green Friday hike the day after Thanksgiving on November 27, 2015 at 9:30 AM at Flagg Hill and encouraged Commission members to attend.
331 Harvard Road – Sferra informed the Commission that the Connie Schwarzkopf at 331 Harvard Road inquired about dredging the pond on the property. Sferra noted that there are wetlands and a perennial stream on the property in addition to the pond. Sferra informed the property owner that the permitting process will take four to six weeks. At the homeowner’s request, Sferra contacted the contractor who stated he does not have a contract with the homeowner and would not begin any work without the required permitting. Frecha spoke with the homeowner and recommended they contact a wetland consultant. Sferra was contacted by Scott Goddard of Goddard Consulting requesting a meeting with the Commission to discuss the project. The Commission requested that staff meet with Goddard and clarify why the homeowner would like to dredge
the pond.
Massachusetts Association of Conservation Commissions (MACC) Annual Meeting – Sferra informed that Commission that she and Goring were asked to lead workshops at the MACC Annual Meeting.
Adjournment
Serena Furman made a motion to adjourn the meeting at 10:05 PM. Jeff Saunders seconded the motion and it was passed unanimously.
The Commission adjourned at 10:05 PM.
Respectfully submitted,
Jacquelyn Goring
Conservation Assistant
| 
