Bolton Conservation Commission
Minutes of Meeting
May 15, 2007
PRESENT: Scott Duhaime, Ed Englemann, Kevin Lord, Amy Wilson and Administrator Carol
Gumbart.
1. Wright, 33 Burnham Road (RDA) Scott Duhaime opened a public meeting on a Request for
a Determination of Applicability (RDA) filed by David E. Ross Associates, Inc., to replace
components to a sewage disposal system. Present from David E. Ross Associates, Inc., was Sean
Hale, wetland scientist. Mr. Hale said that the engineer, Steve Sears was unable to be here
tonight and Mr. Wright the former owner has moved out of town. Mr. Hale explained that due to
a disconnect in the survey a leaching field was installed on an abutting property. Mr. Hale said
they were unable to obtain an easement for the field and they are proposing to relocate it onto 33
Burnham Road. Mr. Hale said that the entire site is within the riverfront area. Mr. Hale said that
at the time of the original upgrade a septic tank; pump chamber and sewage lines were installed
within 100 feet of a wetland off the rear of the property that his firm did not know about. Mr.
Hale said that in addition a cesspool was crushed and filled. Mr. Duhaime said the repair and
replacement of a sewage disposal system is not subject to the Wetland Bylaw. Carol Gumbart
said the repair/replacement of a sewage disposal system within the riverfront area is not subject
to approval under the Wetlands Protection Act.
After review and discussion, a motion was made by Scott Duhaime, seconded by Amy
Wilson, to issue a Negative 3 Determination of Applicability. VOTE: Unanimous.
2. Bolton Department of Public Works (DPW), Between Forbush Mill Road and
Wattaquadock Hill Road (RDA) Scott Duhaime opened a public meeting on a Request for a
Determination of Applicability (RDA) filed by the Bolton Department of Public Works (DPW),
to remove sand build up along Route 117. Harold Brown, DPW Superintendent was present to
discuss the project. Mr. Brown said that a sand berm has built up along the edge of Route 117
and that he proposes to remove it. Mr. Brown said he would need to under the guardrails to
remove the berm. Mr. Brown said that they need to do this to allow the water to sheet off the
road as it is designed to do. Mr. Brown said that they do this on every road they pave. Mr.
Brown said that when they pave they improve the contour of the road, which allows them to
scrap the snow off better. Mr. Brown said that when the water sits it breaks up the road and he
needs to use more sand and salt. With respect to the use of sand and salt Mr. Brown said that
they are trying to use less of everything and that he has his trucks calibrated so he can measure
the amount of material going out of the trucks. Mr. Duhaime asked if Route 117 is a town road.
Mr. Brown said that when the counties dissolved the state took ownership with the intention of
some day turning it over to the town. Mr. Duhaime asked if the slopes would be stabilized. Mr.
Brown said they could use a hay mulch on them. Mr. Brown said he could hydroseed the areas if
needed. Mr. Duhaime asked if siltation fencing was needed? It was agreed that there are some
steep slopes it would be appropriate to hand dig siltation fencing into the ground west of
Sampson Road
A motion was made by Scott Duhaime, seconded by Amy Wilson to issue a Negative 2
and 3 with the condition that a silt fence be hand dug into the ground on both sides of 117 in the
vicinity of Sampson Road and the beaver dam. Mr. Duhaime said the activity is exempt form the
Wetland Bylaw. VOTE: Aye, unanimous.
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Minutes May 15, 2007
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Harold Brown asked if was acceptable to remove the silt fence at the corner of Green and
Sampson Roads. The Commission agreed it could be removed.
3. Century Mill Estates, Between Century Mill Rd. and Spectacle Hill Road (112-482)
Present for discussion on a request to extend the Order of Resource Area Delineation (ORAD)
were applicant, Andy Bendetson, consulting engineers Jeremy Downs of GCG Engineering, Inc.,
and Larry Ducharme of Ducharme and Dillis. Scott Duhaime said that the ORAD was for an
approval of the wetland delineations. Mr. Duhaime noted that some changes have been found in
the line. Carol Gumbart said that a representative of the Department of Environmental
Protection informed her during the recent Massachusetts Environmental Policy Act (MEPA) site
walk on this property that if the delineation has changed the ORAD cannot be revised without
holding a public hearing to amend the ORAD. Mr. Duhaime said that since the applicant has a
Notice of Intent (NOI) before the Commission it should not matter because he agreed to show
the changes on the NOI plan. Mr. Duhaime asked what issues would there be if the Commission
did not extend the ORAD? Mr. Ducharme responded saying that lots of design time has been put
in on the project based on the lines previously established and that it is fundamentally important.
Ms. Gumbart said the risk is that he will not make the changes to the NOI plans but she said it
was not a big risk since they have verbally agreed to do this.
After discussion of the time frame likely involved for the review of this project a motion
was made by Scott Duhaime, seconded by Ed Englemann to issue an extension permit for the
Century Mill Estates Order of Resource Area Delineation until September 4, 2007. VOTE: Aye,
Unanimous.
4. Upcoming Meeting Dates The Commission selected the dates of July 10 and 24; August 7
and 21; and September 4 and 18 for their next meeting dates.
5. Traywick, 6 Corn Road (112-488) Carol Gumbart said that Keith Traywick is requesting an
extension permit. Ms. Gumbart read the letter from Mr. Traywick to the Commission. Ms.
Gumbart said she has visited the property and the construction work is complete and the topsoil
was just spread today. Ms. Gumbart said that with the exception of grass growing on the yard the
project is complete. Ms. Gumbart said that the developer changed the design of the swale that
runs along the driveway so that it is completely filled with small stone. Ms. Gumbart
recommended issuing an extension permit.
A motion was made by Scott Duhaime, seconded by Amy Wilson to issue an extension
permit to July 10, 2007. VOTE: Aye, Unanimous.
6. Vinger Trail Relocation Scott Duhaime said that he received a call from Jackie McGarry
and that she was unclear why the Commission found the trail impassable. Mr. Duhaime
explained to her that it was under water. Mr. Duhaime said that Ms. McGarry thought we found
that it was impassable because there were trees that would need to be cut. Mr. Duhaime said that
there is a narrow man-made berm above the wet area that Ms. McGarry feels we can use. Amy
Wilson agreed to walk the area with Ms. McGarry and determine the suitability of the proposed
trail relocation.
7. Year End Expenditures Carol Gumbart asked the Commission how they wanted to spend
the remainder of the budget. Scott Duhaime asked if the Minuteman High School students could
assist us with the certification of vernal pools. Mr. Duhaime said they could use the Open Space
and Recreation Plan to determine properties that could be explored and GIS data for possible
vernal pools. The Commission agreed they would also like the students to report to them on
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Minutes May 15, 2007
page 2
their years work. Carol Gumbart said that this might be difficult at this time of the year but she
would put the question out to the teachers.
Carol Gumbart expressed an interest in purchasing a laptop computer. Scott Duhaime
recommended that Ms. Gumbart work with Gary Perwick, the town’s IT consultant to develop a
footprint that is affordable.
Scott Duhaime asked about “Land Capital” projects. Mr. Duhaime asked if everything
was completed at Bower Springs. Ms. Gumbart said that the signs need to be relocated. Mr.
Duhaime recommended hiring someone to move the signs to complete the project.
8. Agricultural Exemption Analysis Under Wetlands Protection Act and Bylaw Kevin Lord
said that if you are a legitimate business you need to be trying to make a profit and show proof of
that to be considered for exemption. Mr. Lord said that a typical small business needs to file the
name of the business with the town clerk. Mr. Lord said that a business needs to file a Schedule
C – 1040 as the sole proprietor of the business which would be proof of the person attempting to
make a profit and is paying state and federal income taxes on that profit which is required of any
for profit business. This would insure the integrity of the exemption. Mr. Lord believes that the
town requires filing of the small business notification so the town can keep track of the assets of
the business for tax purposes. Mr. Lord said that it appears to be up to the Commission to
determine whether land is lawfully in agricultural use at the time work takes place. He also
believes that if the work is to be done in an endangered species area that NHESP should review
since he doesn’t believe that this exemption covers area protected by the Endangered Species
Act. This needs to be checked. After discussion it was agreed to ask Town Counsel whether it is
acceptable to ask for this type of documentation.
9. Wetland Education Kevin Lord said that the Town of Boxford has a pamphlet that is very
good at describing wetlands protection and could be revised to be a Bolton pamphlet. The
Commission also discussed other ways of getting information out to the public including using
the newspaper to educate the public.
10. Applicability of Bylaw Filing Fees Carol Gumbart asked whether the Bylaw fees adopted
in the regulations are retroactive to filings made prior to the regulations being adopted? The
Commission advised Ms. Gumbart to seek an opinion from Town Counsel.
11. Land Management
Fyfeshire Conservation Area Rona Balco was present to discuss the Fyfeshire Conservation
Area dams. Ms. Balco said that she spent 3 years working on the repair of the dams and that the
people in charge of dams helped her evaluate the condition. Ms. Balco said that the flashboards
are maintaining the height of the ponds and the advice given to her was to keep the water high
enough to protect the fish population. Ms. Balco said there is a valve on the lower dam but you
can’t get to it safely. Rona said that Chris Slade took out the bottom board on the lower pond
and that she is not sure that you can ever get another one in. Kevin Lord said that it would be
good to have a gage in the ponds to monitor the water elevations. Mr. Lord said that he thought
using a crow bar to wedge the boards out should work. Ms. Balco said that presently the walls
are deteriorating and need to be rebuilt on the upper dam. Ms. Balco said the upper dam is
where the old button factory was once located. Carol Gumbart said that Mr. Slade thought we
might have a problem with beaver blocking the lower dam but she and Ms. Balco were not able
to find any evidence of beaver activity in and around the pond. Ms. Gumbart said they did find
woody debris in the outlet of the lower pond that looked like beaver had chewed it but that was
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Minutes May 15, 2007
page 3
all. Mr. Lord agreed to visit the property and evaluate the dams. Ms. Gumbart will review the
present Order of Conditions and determine if future work is covered in the Order.
Quail Run Open Space Rona Balco said that she would like to replace the boardwalk with a
bridge structure that gets it out of the water. Ms. Balco said it is the best location in town for
viewing “Big Night” salamander migration. Carol Gumbart said that Ms. Balco would like to
make the “Big Night” an educational event in the town by closing roads and inviting people to
see the migration. A list of roads will need to be provided to the Board of Selectmen and police
department. The Commission supported the idea of a “Big Night” education and bridge
construction. The Commission recommended that Ms. Balco discuss the bridge construction
with the Bolton Conservation Trust since they own the open space. Carol Gumbart said that the
Greenways Grant program might cover such a project.
Respectfully Submitted
Carol A. Gumbart
Conservation Administrator
Bolton Conservation Commission
Minutes May 15, 2007
page 4