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said that the work completed by CCR under file 112-486 superseded this Order of Conditions but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
Bolton Conservation Commission
Minutes February 13, 2007
page 1
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 threeseason 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.
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Minutes February 13, 2007
page 2
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
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Minutes February 13, 2007
page 3
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.
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Minutes February 13, 2007
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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.
Respectfully Submitted
Carol A. Gumbart
Conservation Administrator
Bolton Conservation Commission
Minutes February 13, 2007
page 5