Bolton Conservation Commission
Minutes of Meeting
August 16, 2005
PRESENT: Ed Englemann, Bill Fateiger, Sarah Greenough, Lori Stephenson, Scott Duhaime,
and administrator Carol Gumbart
1. Minutes Scott Duhaime made a motion, seconded by Ed Englemann, to accept the minutes of
June 7, June 21 and July 5, 2005, as amended by Lori Stephenson, Bill Fateiger and himself.
VOTE: Aye, unanimous.
2. Upcoming Meetings:
Riverside Comprehensive Permit, 396 Still River Road Scott Duhaime said that he spoke
with Phil Truesdale, of Massachusetts Department of Fisheries and Wildlife. Mr. Duhaime said
that Mr. Truesdale is aware of the project and is personally not in favor of it, but has very little
control over the project. Mr. Duhaime asked Mr. Truesdale to send a letter or an email stating
his position of the project to Gerard Ahern of the ZBA. Mr. Duhaime asked if the developer had
filed and ENF or Land Management Plan. Carol Gumbart said that she has not heard from
anyone that these were filed. Ms. Gumbart said that in response to the distribution of the
Commission ‘s letter, in which they stated that they do not support the project, she heard back
from Bill Davis of Mass Wildlife and Dr. John Regosin of the Natural Heritage and Endangered
Species Program (NHESP). Ms. Gumbart said that Mr. Davis would provide his comments to
the NHESP. Dr. Regosin said that the developer has been in contact with the Program and that
when the Program finishes its review of the project it will send a letter. Lori Stephenson said
that she would try to attend the upcoming ZBA meeting on September 13, 2005.
Pondside Comprehensive Permit, Main Street Mrs. Gumbart stated that the ZBA was still
awaiting the Stormwater Management Plan from the applicant.
Corn Road Common Driveway Carol Gumbart said that Jonathan Bedard has requested an
appointment with the Planning Board and will meet with them on August 24, 2005. Ms.
Gumbart said that she was unsure why he was meeting with the Planning Board but that the
Commission has an outstanding Order of Conditions (OOC) on the driveway that was issued by
the DEP as a superseding OOC. Ms. Gumbart said that there was encroachment into the
wetlands and that the developer would prefer to deal with the Commission on how to resolve the
problem. The Commission requested that Ms. Gumbart contact Mr. Bedard and find out whether
they need to send a representative to the Planning Board meeting.
3. Beaver Pipes and Breaching behind Main Street (112-491) Carol Gumbart reported that
the beaver flooding has dropped to normal levels between the homes to the rear of Main Street
and the first dam. Ms. Gumbart said that there is still ponded water between the first and second
dam and that the residents are planning to have another work party to remove some more of the
dam. Ms. Gumbart said that she was unsure what they next steps should be with respect to the
pipes. Ms. Gumbart asked whether we want to leave them in place, lower them or add the
redundancy pipes and lower them. The Commission requested that Ms. Gumbart contact Beaver
Solutions for advice on how to manage the pipes.
4. FOSPRD Bylaw and Meeting with Planning Board Ed Englemann asked the Commission
to report on the meeting they had with the Planning Board on the FOSPRD Bylaw and recent
FOSPRD decision on Century Mill Estates. Scott Duhaime said that they asked them why they
Bolton Conservation Commission
Minutes August 16, 2005
page 1
made the ruling that they did and why they provided for the land to be granted to the Town but
not for conservation purposes. Ms. Duhaime said that the Planning Board feels that the land is
protected under the Bylaw. Carol Gumbart said that the Planning Board said that the special
permit protects the land. Mr. Duhaime said that he told them that he only knows two ways to
permanently protect the land and that is through Chapter 40, 8c or with a conservation
restriction. Mr. Duhaime said that the Planning Board reached a consensus that the land is not
municipal land but open space. Ms. Gumbart said that she and the Planner, Nat Tipton have
drafted a letter for Town Counsel. Ms. Gumbart said that it was initially sent out just to the
Chairs of the Commission and the Planning Board. Ms. Gumbart said that she has not heard
from the Larry Delaney the Planning Board Chair. The Commission requested that a copy be
distributed to the full Commission since we were still waiting for Planning Board input.
5. McCarthy, 24 Harvard Road (112-506) (NOI – WPA) Bill Fateiger recused himself from
the Commission. Mr. Fateiger was present to represent the applicant Melissa McCarthy. Also
present was David Foster an abutter to the site. Ed Englemann opened the public hearing on a
proposal to construct a replacement sewage disposal system. Mr. Fateiger said that the site has
an existing 3 bedroom dwelling and failed leaching pit within the buffer zone of a vegetated
wetland and within the riverfront area (RFA) of a perennial stream. Mr. Fateiger said that the
entire site is within the RFA but he did not perform an alternative analysis since the system could
only go in one area. Mr. Fateiger said that they looked way out back on the site but that the
pipes would have to cross the wetland and there would be a larger amount of disturbance. Mr.
Fateiger said that the grades are coming up 4 feet. Mr. Fateiger said that they are asking the
Bolton Board of Health for a variance from the offset to the wetland, offset from the well and
offset from the road. Mr. Fateiger said that Bill Brookings of the Nashoba Board of Health is
presently reviewing the plans. Mr. Fateiger said that the Notice of Intent was filed solely under
the Wetlands Protection Act since the replacement system is exempt from the local Wetland
Bylaw.
Mr. Foster asked what happens to the leaching pit. Mr. Fateiger said that it would be
drained, crushed and filled in. Carol Gumbart asked how close the grading is to the wetland.
Mr. Fateiger said that it is about 20 feet at the closest point. Mr. Fateiger said that they kept the
system outside the bordering land subject to flooding. Mr. Fateiger said that the 100-year
floodplain is at elevation 400. Mr. Fateiger said that they tried to swing the system around but it
brought the breakout grading even closer to the wetlands. Mr. Fateiger said that the slope is 2:1
and mostly within the lawn but that some trees will need to be removed. Mr. Fateiger said that
the design is for a bed system and not a leach field. Mr. Fateiger said that this design helps to
minimize the grading. Mr. Fateiger said that a conventional system would go up another 2 feet.
Ms. Gumbart asked if a plastic barrier or concrete wall would help minimize the grading. Mr.
Fateiger said that either of those solutions brings the cost of the system way up. Scott Duhaime
said that we should schedule a site walk and asked that the trees that will be cut be marked. Mr.
Fateiger suggested that he stake the haybale line since everything inside the line will be coming
down. Mr. Duhaime asked if there was a revegetation proposal? Mr. Fateiger said that it is lawn
and white pines. Mr. Fateiger suggested that they discuss this after the site visit. The site visit
was scheduled for Thursday, August 25, 2005 at 7:00 p.m. The public hearing was continued to
September 6, 2005, at 7:45 p.m.
6. Nitzsche, 2 Wheeler Road (RDA) Bill Fateiger opened the public meeting on a Request for
Determination of Applicability for Kyle Nitzsche of 2 Wheeler Road. Mr. Nitzsche was present
and said that they are proposing an 18 foot by 35 foot addition. Mr. Nitzsche said that it may end
up being slightly smaller and that the application calls for an 18 x 30 addition. Mr. Nitzsche
Bolton Conservation Commission
Minutes August 16, 2005
page 2
described the site identifying the wetlands on two sides of the property. Mr. Nitzsche said that a
common driveway crosses to the rear of the property in between the proposed addition and the
wetland. Mr. Nitzsche also said that a garage is located between the proposed addition and the
wetland. Carol Gumbart asked why the haybale line bumps out on the plan and if the reason is to
create a stockpile location. Mr. Nitzsche said that they do not need to stockpile within the buffer
zone and he did not know why the haybale line was bumped out. Ms. Gumbart suggested that
the haybale line follow the driveway since it will make it shorter, more cost effective and provide
adequate erosion control measures. Mr. Fateiger asked whether there are any roof drains
proposed for the addition. Mr. Nitzsche said that there aren’t any now and that he does not know
if the addition will have any. Mr. Fateiger said that he would like them to come down outside
the buffer zone if they are added. Mr. Nitzsche said that they are also considering putting a
farmers porch on the front of the house. Mr. Fateiger said that it is outside the buffer zone and
not in the Commission’s area of jurisdiction. Mr. Nitzsche asked it he could fill in a hole near
the common driveway with fill from the project. The Commission suggested that they look at
the hole when they make a site visit. Mr. Nitzsche asked if the driveway could be paved and
whether it would need a Notice of Intent or not. Ms. Gumbart said that it depends on the site
condition and work proposed. They Commission will evaluate that in the field. A site visit was
scheduled for August 25, 2005 at 7:30 p.m. The public meeting was continued with the consent
of the applicant to September 6, 2005 at 7:30 p.m.
7. Shaye, 90 Frye Road (112-308) Carol Gumbart told the Commission that they have received
a request for a Certificate of Compliance for work on this property. Ms. Gumbart said that she
was on the property once with former Commission member Rose Stanley and that it was her
recollection that the site work was completed satisfactorily. Ms. Gumbart said that the owner
has as-builts and that the engineers have reviewed the Notice of Intent and recommend issuing a
Certificate of Compliance. The Commission scheduled a site visit for Monday morning, August
29, 2005, at 7:30 a.m.
8. Public Access Vinger, Berlin Road The Commission discussed the letter submitted to them
by the residents of 387,389, 393 and 397 Berlin Road. Scott Duhaime said that while he
appreciates their concern he does not feel the Town should give up its easement. Other members
suggested that if the Commission were to mark and publicize a trail the goes off before the
houses this might satisfy the neighbors. Mr. Duhaime said that this is not within the easement
but that even the neighbors, such as Louie the one that lives in the dog house, trespasses to make
a loop. The Commission agreed that they want to keep a loop trail. The Commission said that
they would send the neighbors a letter telling them that they recognize all of their points. The
Commission is willing to consider relocation further up on the property but that they want to
keep a continuous loop and that they do not want to relocate the trail onto an easement that they
already own since this would effectively extinguish their easement. The Commission said that
they are willing to entertain other options. Mr. Duhaime said that the loop the Commission
visited last is the easement we already own and that to make it into more of a loop would require
crossing an extensive wetland system. The Commission also said that the neighbors are
continuing to hold their opinion that the easement is not open to the public. Ms. Gumbart will
draft a response to the neighbors.
9. Land Management The Commission confirmed that they want to place a Non-Motorized
Vehicle sign at Butternut Farm. Bill Fateiger said that he would enlist the assistance of a Boy
Scout to have the sign put in place. Carol Gumbart asked the Commission if they want to hire
someone to mow the fields at Butternut Far, this year or not? The Commission said that unless a
Bolton Conservation Commission
Minutes August 16, 2005
page 3
neighbor comes forward offering to mow the fields the Commission would stick with its twoyear rotation for mowing as agreed to last year. Mr. Fateiger said that the only reason they
changed this last year was because a resident volunteered and the less expensive then hiring a
farmer. Ms. Gumbart asked if they want to hire someone to mow Bowers Springs this year since
it was not mowed last year. The Commission suggested asking the Ducharme, Colby and Held
families to see if they are interested in mowing. Ms. Gumbart said that the Department of Public
Works in planning to spray isolated areas of poison ivy at Bowers Springs next week. Ms.
Gumbart asked the Commission if they should not spray areas that will be mowed. The
Commission recommended spraying in addition to mowing.
Ms. Gumbart asked if anyone had any concerns with the trail descriptions she and Karen
Augustine put together for the website? No one had any problems and the Commission said that
it could be changed over time to add more details. Ms. Gumbart said that there does not appear
to be any policy on how the names are chosen for an area. Scott Duhaime said that the names
should be negotiated at the time land is acquired. Ms. Gumbart said that she has been asked by
the developer of the Rocky Dundee Subdivision whether the open space in that subdivision will
get a sign or not. Mr. Duhaime said that the developer should pay for a sign. Mr. Fateiger said
that if the sign is a gift to the Town, the donor should not have to pay for a sign and that
FOSPRD Open Space is a gift. Mr. Duhaime said that in the case of FOSPRD the grantor is
getting a development out of the deal. The Commission agreed that after Town Counsel resolves
the questions about the FOSPRD land it will bring the question of whether a sign and name can
be negotiated into the Planning Board special permit decision.
Mr. Duhaime asked if the Commission is still interested in having a trailer to pull the DR
Mower. Mr. Fateiger said that if we get one the Town will need to put it on their insurance
policy. Mr. Fateiger said that anyone that pulls the trailer holds the liability for it under his or
her own insurance policy. Mr. Duhaime said that he has seen a trailer advertised for sale on
Berlin Road. Sarah Greenough agreed to get the phone number for it.
10. Water Resource Protection District (WRPD) Ed Englemann said that his recommendation
is to fold the WRPD Bylaw into the Wetland Bylaw. Mr. Englemann said that this would require
several steps. The Commission recommended having a draft Bylaw revision by the first meeting
in October to be prepared for the Annual Town Meeting in the spring. Mr. Englemann agreed to
work on the draft.
Respectfully submitted,
Carol A. Gumbart
Conservation Administrator
Bolton Conservation Commission
Minutes August 16, 2005
page 4