Bolton Conservation Commission
Minutes of Meeting
March 6, 2007
PRESENT: Scott Duhaime, Sarah Greenough, Kevin Lord, Lori Stephenson, and Administrator
Carol Gumbart. Kevin Lord, prospective member.
1. Town of Bolton, Wastewater Treatment Facility (112-517) Scott Duhaime opened the
continued hearing on the Notice of Intent proposing to install sewer lines through wetland and
adjacent upland resource areas associated with a new Wastewater Treatment Facility for the
Town of Bolton. Christine Chestna of Tata and Howard was present to represent the Town along
with Bill Spratt, of the Wastewater Treatment Facility Committee and school representative.
Martha Remington was present representing the Bolton Historical Commission. Ms. Chestna
said that the Town Administrator, Jodi Ross and Selectmen, Ken Troup have an agreement from
Flatly to access the site from their parking lot. Ms. Chestna said they propose to lay 100 feet of
pavement at the beginning of the access and the 100 feet of gravel with turn off areas. Ms.
Chestna said the remainder will follow the existing cartroad. Carol Gumbart asked if any of this
work would be within a resource area? Ms. Chestna said they will evaluate this. Ms. Remington
asked why the stone wall was not shown on the plans? Ms. Remington said she has not received
the ground penetration study but the former site of William Sawyer Farmstead dating back to
1670 is near the break in the stone wall. Ms. Chestna said that they are proposing to cross the
existing culvert by laying down steel sheeting. Ms. Chestna said this is a temporary measure.
Ms. Chestna said that the Army Corps of Engineering (ACOE) has approved the stream crossing
for the sewer pipes. Ms. Remington asked if there will be trees cut for the crossing. Ms.
Chestna said trees will be cut and she said that the two 10” pipes will be laid 20 feet away from
the causeway. Ms. Chestna said the trench for the pipes is three feet wider than the diameter of
the pipe. Ms. Remington said that the channel in this area is stone lined on the east side of the
brook. Ms. Chestna said that the earthwork specs require restoration to original conditions. Ms.
Remington question why the pipe was not being jacked under the stream rather that dug through
it. Ms. Chestna speculated that it is cost prohibitive to jack the pipe.
Ms. Chestna said they have received approval from ACOE, the MA Natural Heritage and
Endangered Species Program (NHESP) and the MA Historical Commission. Ms. Chestna said
the findings from NHESP is for Blue Spotted Salamander and that they need to avoid impacts
during migration. Ms. Chestna said they have hired a wildlife biologist to develop a plan for
“critter gaps”. Ms. Chestna said the consultant will develop a barrier plan to comply with the
NHESP conditions of approval.
Mr. Duhaime said the Commission is looking for the plans to be updated to show (1) a
wetland delineation in the vicinity of the access road adjacent to Flatly; (2) the Barrier Plan; (3)
location of the historic structure; (4) a tree cutting plan; and (5) the stone wall. Mr. Duhaime
said the Commission also wants specifics on the road layout and an Operation and Maintenance
Plan for the road.
Ms. Gumbart asked if the building footprint was being enlarged. Ms. Chestna said they
are adding another membrane but the manufacturer is still reviewing the DEP requirements and
she does not know if the building footprint needs to be enlarged yet.
With the consent of the applicant’s representative the hearing was continued to April 3,
2007, at 8:30 pm.
Bolton Conservation Commission
Minutes March 6, 2007
page 1
2. Skinner, Lot 1 Burnham Road (112-527) Scott Duhaime opened the continued hearing on
the Notice of Intent proposing to construct a driveway and new single family home on Lot 1
Burnham Road. Present for the hearing were Brandon Ducharme of Ducharme and Dillis Civil
Design Group, (CDG) and resident Rodney Ramirez. Mr. Ducharme said that he attended a site
walk with commission members Sarah Greenough, Kevin Lord, Scott Duhaime and Dan Gaffney
(Bolton Conservation Trust Director and trail committee volunteer). Mr. Ducharme said that the
Commission looked at the wetland on the north side of the site and were satisfied with the
delineation. Mr. Duhaime said the site had lots of white pine, was fairly level and part of the
property was in a meadow condition. Mr. Duhaime that Mr. Gaffney was interested in a trail that
runs through the property. Mr. Ducharme said that the Natural Heritage and Endangered Species
Program (NHESP) issued a letter saying that the project would not result in “a take” and there
would be no adverse impact to the habitat of the Marbled Salamander. Mr. Ducharme said the
letter is confusing in that it references the Skinners other property and project for the new
warehouse. Mr. Ducharme said that he spoke with Sarah Haggerty of NHESP and this will be
corrected. Carol Gumbart asked if the Commission was concerned with the encroachment of the
yard around the house in the Riverfront Area. Ms. Greenough said the Commission discussed
having a wood rail fence along the edge of the driveway. Ms. Gumbart asked if there is
proposed mitigation of for the alteration of 4910 square feet of RFA. The Commission discussed
an interest in keeping the meadow maintained as a meadow. Ms. Gumbart said she understood
that the owner might be giving a conservation restriction on some of the land. Mr. Ducharme
said that he has heard this but he does not have anything definitive yet. Mr. Ducharme said that
the owner is still in the preliminary stages of developing and protecting the land. Ms. Gumbart
suggested that the Commission could impose a condition that requires that within three years a
permanent conservation restriction be provided as mitigation or a mitigation plan be submitted.
The Commission also discussed the need to have a permanent barrier along the edge of the
landscape yard. The Commission suggested that rocks, vegetation important to wildlife and
fencing can be used to blend into the natural landscape. The Commission requested an estimate
for the construction of the driveway for escrow security. Mr. Ducharme said he would provide
this. The Commission recapped saying that they would like to see the meadow north of the
driveway mowed occasionally.
Ms. Gumbart said that an issue came up when this land was surveyed and they found that
Mr. Ramirez’s septic system was installed on Nancy Skinner’s Lot 1. Mr. Ramirez said that this
was done prior to his purchasing the property. Ms. Gumbart said that this is going back to the
Board of Health for consideration.
With the consent of the applicant’s representative, the hearing was continued to March
20, 2007.
3. Curran, Lot 5 Corn Road (112-520) Scott Duhaime opened the continued hearing on the
Notice of Intent proposing to construct a driveway for access to a new single family home. No
one was present for the hearing. Carol Gumbart said she spoke with the applicant, John Curran,
and he said he had not received any communication from the MA Natural Heritage and
Endangered Species Program (NHESP). Ms. Gumbart recommended that the Commission
consider adding a condition to the Order of Conditions that requires the owner to comply with
any conditions imposed by the NHESP. Ms. Gumbart said that she received the construction
estimate and asked if the Commission would require the 1.5 times the cost or if they might top it
at $20,000. After discussion the Commission agreed that they would reduce the security to
$20,000.
A motion was made by Scott Duhaime, seconded by Ed Englemann to close the hearing
under the Wetlands Protection Act. VOTE: Aye, unanimous. A motion was by Scott Duhaime,
Bolton Conservation Commission
Minutes March 6, 2007
page 2
seconded by Ed Englemann to close the hearing under the Wetland Bylaw. VOTE: Aye,
unanimous.
A motion was made by Scott Duhaime, seconded by Ed Englemann to issue and Order of
Conditions under the Wetland Bylaw, for the project as discussed, including that the security was
reduced to $20,000 instead of the full 1.5 times the cost estimate and compliance with any
conditions the NHESP requires. VOTE: Aye, unanimous. A motion was made by Scott
Duhaime, seconded by Ed Englemann to issue and Order of Conditions for the project as
discussed under the Wetlands Protection Act. VOTE: Aye, unanimous.
4. Bagdonas, 63 Green Road Present for this discussion were abutters Robert and Patricia
Lupo. Mr. and Mrs. Lupo presented photographs of Ms. Bagdonas’ property taken during on
March 2, 2007, while it was raining. Ed Englemann said that the driveway is either contributing
sediment or there is an imminent threat of doing so. Kevin Lord said that the condition of the
driveway has deteriorated and could use regravelling, which could reduce the threat of sediment
being washed down the driveway. After discussion the Commission requested that Carol
Gumbart send Elizabeth Bagdonas a letter right away asking her to install the erosion controls as
required in their prior correspondence and to file an application by April 1, 2007. The
Commission asked Ms. Gumbart to include a copy of their enforcement procedures with the
letter and to refer to the photographs submitted by the Lupos.
5. Henderson, 8 Rocky Dundee Road (112-392) Scott Duhaime said he met with Chris Rogers
at the site and found the work generally incompliance with the approved plan. Mr. Duhaime said
the differences were that instead of planting trees to close the gap to the well from the lawn the
replaced the stone wall and Mr. Duhaime said the split rail fence was not located exactly as
shown on the plan but it was fine.
A motion was made by Scott Duhaime, seconded by Ed Englemann to issue a certificate
of Compliance for the project under 112-392. VOTE: Aye, unanimous.
6. Review Request for Proposals for Sunset Ridge, Wattaquadock Hill Road (112-525) The
Commission discussed hiring an outside consultant for peer review of the ANRAD. It was
agreed to contact several consulting firms as soon as possible.
7. Conservation Restrictions Carol Gumbart informed the Commission about a meeting she
attended with Irene Del Bono of the Division of Conservation Services. Ms. Gumbart said that
she specifically described the type of Conservation Restriction (CR) the Commission and Dr.
Gaby were discussing and Ms. Del Bono indicated that it is possible that the state will find small
CR’s in the public interest. Ms. Gumbart said that Ms. Del Bono did not have any problem with
a CR being recorded before the Secretary of Environmental Affairs accepts it so long as it can
stand alone if the Secretary doesn’t accept it.
8. Forbush Mill Road Conservation Parcels (Old Sawmill CA) Carol Gumbart said that
several people have recently expressed an interest in seeing improvements made to these parcels
The Commission agreed to conduct a site visit before the trees leaf-out (late April - early May).
9. Sign for Atlantic Union CA Carol Gumbart said that the sign has been completed for the
Atlantic Union Conservation Area and she asked where it should be installed. Scott Duhaime
recommended that Ms. Gumbart contact Becky McEnroe or Dan Gaffney to determine the right
location.
Bolton Conservation Commission
Minutes March 6, 2007
page 3
10. Meeting Dates The Commission agreed to hold meetings on 3/20, 4/3, 4/17, 5/1, 5/15, 6/5
and 6/19.
11. Community Preservation Act Article for Special Town Meeting Scott Duhaime said that
he has spent a lot of time on this article. Mr. Duhaime provided a general review of the article.
Respectfully Submitted
Carol A. Gumbart
Conservation Administrator
Bolton Conservation Commission
Minutes March 6, 2007
page 4