|Bolton Conservation Commission
Minutes of Meeting
February 13, 2007
PRESENT: Scott Duhaime, Ed Englemann, Sarah Greenough, Lori Stephenson, Amy Wilson, and Administrator Carol Gumbart. Kevin Lord, prospective member.
1. Membership: Carol Gumbart said that she received a resignation letter from Bill Fateiger. After discussion, a motion was made by Ed Englemann, seconded by Scott Duhaime, to accept the resignation of Bill Fateiger. VOTE: Unanimous. A motion was made by Amy Wilson, seconded by Lori Stephenson, to appoint Scott Duhaime as Chair. VOTE Unanimous.
2. Fast Track Enterprises, Inc. Lot 8 Main Street (112-437): Carol Gumbart said that she visited the property and reviewed the as-built drawings. Ms. Gumbart recommended that the Commission issue a Certificate of Compliance for the construction of a driveway and restoration of an old farm dump area on Lot 8 of Great Brook Farm Subdivision. A motion was made by Scott Duhaime, seconded by Lori Stephenson to issue a Certificate of Compliance. VOTE: Unanimous.
3. Brookfield Farm Nominee Trust, 22 Corn Road (Lot 10) (112-465): Carol Gumbart said that she visited this property and found the shrubs that were planted to delineate the rear yard were in good condition and had not been eaten by deer. Ms. Gumbart recommended that the Commission release the remaining portion of the bond held for the plantings. Ms. Gumbart said the Certificate of Compliance was already issued. A motion was made by Scott Duhaime, seconded by Lori Stephenson, to release $600 of escrow money to Jonathan Bedard of Brookfield Farm Nominee Trust.
4. Cote, 139 Nashaway Road (112-376): Carol Gumbart said that Brad Cote and Heather Hughes purchased 139 Nashaway Road (Lot 4) from CRR Development Corp. Ms. Gumbart said that the work completed by CCR under file 112-486 superseded this Order of Conditions but a Certificate of Compliance was not issued, as none was requested until now. Ms. Gumbart said that there are other Orders of Conditions that relate to the common driveway for this lot and others but that she was not comfortable making a recommendation that the work was satisfactorily completed in compliance with the Orders of Conditions. Ms. Gumbart recommended and the Commission agreed that a letter be sent to the common driveway owners notifying them of the Orders of Conditions.
5. Gaby, 84 Sampson Road (112-519): Scott Duhaime opened the continued hearing on a Notice of Intent filed for riverfront restoration and a proposed horse riding/evaluation ring. Present for the hearing were Brett Gaby applicant, his partner Amy Clark, his wetland consultant Mary Trudeau and his attorney Frank DiLuna. Ms. Trudeau oriented the Commission to the plan pointing out the existing single-family house, existing bar, stream and associated riverfront area, and the area of wetland violation that Dr. Gaby was called in for originally. Ms. Trudeau said that to date there has been some remediation for the wetland/riverfront violation. Ms. Trudeau said that tonight she wants to review the alternative analysis she submitted in December for the 120 foot by 80 foot riding ring. Ms Trudeau presented photographs. Ms. Trudeau said that the analysis was written for the Wetlands Protection Act but it is not in conflict with the Bylaw. Ms. Trudeau said they proposed to alter 88,000 square feet of buffer zone and 1800 square feet of riverfront area. Ms. Trudeau said that Dr. Gaby bought the property for his veterinary practice and he needs to be able to gage the strides of the horse he‘s evaluating so a 120’x80’ ring is proposed. Ms. Trudeau said that we are not starting with an undeveloped piece of land. Ms. Trudeau said that Dr. Gaby paid $400,000 for the property and has done extensive renovations to the barn and is committed to preserving Bolton’s history. Ms. Trudeau said that because of the orientation of the barn they have located office space in one side and maintained access on the wetland side of the barn. Ms. Trudeau said that access on the lower level is necessary, that Dr. Gaby needs a sterile working space. Ms. Trudeau said that walking the horses a considerable distance does not work for him. Attorney DiLuna said that locating the ring elsewhere is logistically incompatible with the practice. Ms. Trudeau said that there is an area in the upland but it has two issues. The first issue Ms. Trudeau said is that the septic system is located in this upland area and if it an upgrade were needed or were they to enlarge the system to maintain the property value, it would need to be located in this area. Attorney DiLuna said that this upland area is not conducive to the paddock. Ms. Trudeau said that Dr. Gaby wants to separate his family life from his business and placing the ring behind his home and growing family would not allow for separate functions. Ms. Trudeau said that Dr. Gaby does have a personal horse in a paddock behind the house but it is different walking an injured horse 500 to 600 feet away from the barn than walking your breeding stallion around the barn. Ms. Trudeau said that Dr. Gaby needs to provide an area with safe footing. Ms. Trudeau said that the ring could not be moved to the north as it would impact the area within 25 feet of the wetland. Ms. Trudeau said that the project meets the performance standards of the Wetlands Protection Act in that it is under 10% or 5000 square feet of the riverfront area. Ms. Trudeau proposed to provide mitigation below the retaining wall by allowing everything to grow wild. Ms. Trudeau said that her analysis of the area where the ring is proposed from aerial photographs indicates that there has always been some maintenance and although it has not been in an agricultural use in the past decade the lawn has been maintained as a meadow. Attorney DiLuna said that the alternative analysis requires that cost, existing technology, logistics associated with the proposed use be taken into account.
After their presentation, Mr. Duhaime said that what bothers him is that the violations continued after the Commission notified Dr. Gaby, although they were at a different scale from the tree cutting. Mr. Duhaime said that Dr. Gaby needs to maintain the set backs and that the replication efforts were not genuine. Carol Gumbart asked Ms. Trudeau to discuss the proposed fire road that was noted in the written alternative analysis. Ms. Trudeau said that the fire department has never had access to the pond and is interested in a water supply for the homes in that area. Dr. Gaby said that he is not looking to move out of Bolton, that he is a first time homeowner and he violated the wetlands but he has learned about them now. Dr Gaby said if the town is looking for fire protection source he is willing to go down that road with them. Ed Englemann said that the presentation helped clarify why it should go in the location proposed. Sarah Greenough concurred and said that the information presented tonight was helpful. Amy Wilson said that as a scientist she would like to references as to the sizing of the ring. Ms. Gumbart asked to confirm that the ring would not be covered. Ms. Trudeau said that it is a three-season ring and that there will be snow removal with plowing to the upper portion of the ring. Mr. Englemann asked if there could be planting along the walls to make it more aesthetically pleasing? Ms. Trudeau said that the wall at it’s highest point would be 5 to 6 feet high and the blocks are typically 2’x2’x4’ or 2’x2’x8’. The Commission asked if Dr. Gaby would consider placing a conservation restriction on the deed. Ms. Trudeau said they would consider it. Ms. Trudeau said that they would provide additional planting to encourage a thick band of shrubs such as vibunrums, ilex, black alder and silky dogwood. The Commission said that the project was moving in the right direction and asked to continue the hearing. Ms. Trudeau agreed to continue the hearing to February 27, 2007 at 8:00 p.m.
6. Town of Bolton, Wastewater Treatment Facility Scott Duhaime opened the continued hearing. Carol Gumbart said the applicant has requested a continuation. Ms. Gumbart said that she received several letters from the applicant and read them into the record. The hearing was then continued to March 6, 2007 at 7:30 p.m.
7. Curran, Lot 5 Corn Road (112-520) Scott Duhaime opened the continued hearing. Present were Terry Gensel of David E. Ross Associates and Cindy Curran the new applicant. Mr. Gensel said they have submitted a fully revised Notice of Intent noting the Curran’s as the new owners and applicants. Mr. Gensel said they have submitted a new plan that shows the extent of priority habitat, which equals 350 square feet. Mr. Gensel said that a title search was performed and they found recorded easements for the driveway. The new plan shows the two driveways merged for a length of 150 feet. Mr. Gensel said they show the stonewall that was constructed by the prior owner on the plan, new pipe locations with their outlet elevations noted. Carol Gumbart asked what decision was made on finishing the construction of the wall. Mrs. Curran said that they plan to remove the top layer of rocks and reset or replace it to stabilize it. Ms. Gumbart asked why the pipes were moved. Mr. Gensel said that they were moved to get them away from the abutting property line. Ms. Gumbart asked how the driveway slope was going to be stabilized. Mr. Gensel said that it would be stabilized with rock. Mr. Gensel said that the new plan reflects changes made to the wetland flagging. The Commission said they will require a bond for the construction of the driveway including the drainage and asked that a bond estimate be submitted. The Commission discussed whether this should be reviewed by an outside consultant. Mrs. Curran said that they would like to be clearing the lot by the end of March. The Commission said that they would like to know whether the Massachusetts natural Heritage and Endangered Species Program’s has any concerns with the proposed work. With the consent of the applicant the hearing was continued to February 27, 2007, at 8:30 p.m.
8. Lupo, 53 Green Road (RDA) Scott Duhaime opened the public meeting on a Request for a Determination of Applicability filed by Patricia and Robert Lupo to stabilize a paddock area within the Buffer Zone and Adjacent Upland Resource Area of a neighboring wetland. Mr. and Mrs. Lupo were present for the meeting. Carol Gumbart read the applicants request from the application. The Commission discussed the proposal and said it was a good plan of action. Mr. Duhaime said that eventually the siltation fence should be removed from behind the rock pile. A motion was made by Scott Duhaime, seconded by Lori Stephenson to issue a Negative 3 Determination of Applicability with the condition that after the area is stabilized the siltation fence be removed.
Mr. Lupo asked the Commission what they planned to do about his neighbor, Elizabeth Bagdonas driveway. Ms. Gumbart said that a letter was sent asking for certain measures to be taken. Mr. Duhaime asked Ms. Gumbart to call Ms. Bagdonas and pleasantly request compliance.
9. Bettez, 24 Autumn Lane (RDA) Scott Duhaime opened the public meeting on a Request for a Determination of Applicability filed by Nancy and Erik Bettez. Mr. Bettez was present for the meeting. Mr. Bettez said that they would like to put a two-story addition on their house. Mr. Bettez said the existing deck area would be converted to a sunroom. Mr. Bettez said the addition would probably be on pilings but he was not positive. Carol Gumbart said that there is a Conservation Restriction that runs along the 100-year floodplain on this parcel and neighboring parcels. Ms. Gumbart said that it is unclear whether a bordering vegetated wetland runs concurrently with the floodplain. Mr. Bettez said that there is a big drop off and the bottom might be wetlands. The Commission scheduled a site visit for February 25, 2007, at 9:00 a.m. and continued the meeting with the applicant’s consent to February 27, 2007, at 8:45 p.m.
Mr. Bettez said that employees from Ducharme and Dillis were on an abutting lot (lot 8) and he was wondering if they were doing soil testing. Ms. Gumbart said she would check with Ducharme and Dillis.
10. Rogers, Lot 2A Randall Road (Bylaw #2) Chris Rogers was present to discuss the Commission’s requirements on the as-built he submitted for Lot 2A Randall Road. Mr. Rogers said that the as-built was a foundation as-built. Scott Duhaime said the plan does not show either the front porch or rear deck. After discussion the Commission agreed that Mr. Rogers would annotate the plan and sign it showing the features they were concerned with. A motion was made by Scott Duhaime, seconded by Ed Englemann to issue a Certificate of Compliance for 153 Randall Road with the field sketch as-built conditions shown on the as-built plan. VOTE: Aye, unanimous.
Mr. Rogers asked the Commission what they need for information to issue a Certificate of Compliance for Lot 9 (#8) Rocky Dundee Road, owned by a Mr. Henderson. The Commission said they need a letter from the engineer certifying compliance with the Order of Conditions and an as-built plan.
11. Quail Run Road and Golden Run Road Flooding Curt Plante was present by appointment to discuss informally the flooding problem at the intersection of Quail Run Road and Golden Run Road. Mr. Plante said that the intersection floods at certain times of the year usually in excessive flooding conditions, but sometimes in the winter. Mr. Plante presented photos of the flooding. Mr. Plante said that several solutions have been considered including installing drainage and piping it to the Colby’s land. Mr. Plante said that they tried to get access to the Colby property but Mr. Colby does not want to allow the discharge onto his property. Mr. Plante said that last fall the Selectmen were getting phone calls and he educated himself about the issues. Mr. Plante said that the abutters are not willing to allow pipe, drainage and discharge on their properties. Mr. Plante said he feels this is something the developer should have been made to address before Quail Run Road was accepted. Mr. Plante said now the town is trying to solve the flooding problem. Mr. Plante said that the pavement in Golden Run Road is acting as a dam. Mr. Plante showed photographs and elevations he spot surveyed. Mr. Plante said he proposed that a leaching catch basin be installed at the low point in Golden Run Road and a berm at the same height of the crown of the road be constructed. Mr. Plante said that with this the water would be kept off the road. Carol Gumbart asked what the soils were like in the area of the proposed leaching catch basin. Mr. Plante said the soils are terrible. Mr. Plante said that this proposal will help about 90% of the time but there will be certain flood events that will still go across the road. The Commission discussed the cost/benefits of a Request for a Determination of Applicability (RDA) application versus a Notice of Intent (NOI). After discussion the Commission agreed that they would consider an RDA for the scope of the work outline. Mr. Plant said that the work would not be considered until June at the earliest and maybe not until September.
12. McNulty, 36 Corn Road (112-362, 382 and 475) Carol Gumbart said that revised as-builts with an accompanying letter from Tom DiPersio Jr. were received. Ms. Gumbart said that she has checked the site and now recommends the issuance of Certificates of Compliance for the Orders of Conditions affecting this property. Ms. Gumbart said that the release of the driveway escrow should be contingent upon the Planning Boards acceptance of the common driveway per their special permit.
A motion was made by Scott Duhaime, seconded by Lori Stephenson to issue a Certificate of Compliance for DEP File 112-475, with the condition that the escrow money not be released until the Planning Board makes their decision to accept the common driveway. VOTE: Aye, Unanimous.
A motion was made by Scott Duhaime, seconded by Lori Stephenson to issue a Certificate of Compliance for DEP File 112-382. VOTE: Aye, unanimous.
A motion was made by Scott Duhaime, seconded by Lori Stephenson to issue a Certificate of Compliance for DEP File 112-362. VOTE: Aye, unanimous.
13. Wetland Bylaw Regulations The Commission agreed that a hearing should be scheduled so the Bylaw Regulations could be adopted.
14. Sunset Ridge, Comprehensive Permit off Wattaquadock Hill Road Carol Gumbart said that at the next Commission meeting the Commission will be opening a hearing on an Abbreviated Notice of Resource Area Delineation for this project.
15. TTOR/CR on Davies Property Carol Gumbart said that a draft letter from the Trustees of Reservations was received in regard to a design to upgrade a failed septic system at the Davies Property off Old Sugar Road. Ms. Gumbart said that the property is subject to several conservation restrictions (CR) and explained the restrictions in regard to a septic system. Ms. Gumbart said that while the CR is held jointly by the Town and the Trustees, the CR specifically requires approval from the Trustees after consulting the Town. The Commission reviewed the draft letter and recommended that it be less restrictive in regards to the use of a retaining wall but that mitigation might be required depending on the final design.
Carol A. Gumbart
Bolton Conservation Commission Minutes February 13, 2007 page