Bolton Conservation Commission Minutes
September 29, 2016
Town Hall, 7:30 pm
Present: Brian Berube (chair), Jeff Larence, Karen Overfield, Liz Luc Clowes, Lori Stephenson (part); Kathy Sferra, Conservation Administrator
7:00 pm - Public Hearing - Century Mill, Lot 1 - Slade -~Scott Goddard has again requested a continuation to the next available meeting on October 13, 2016.~ The Commission had a brief discussion of the status of the project.~ The hiring of a 3rd party review consultant is on hold at present as Mr. Goddard requested the opportunity to present information first.~ Ms. Sferra suggested that the Commission consider notifying Mr. Goddard that they will not allow any further continuances if he puts this off again.~ He could be asked to withdraw or the Commission could deny for lack of information.~ Staff has provided Mr. Goddard with a copy of the staff report.~ Brian moved to continue to October 13 at a time TBD.~ Liz seconded and the motion was approved unanimously.~
Appointment - Robin Picariello - Lot 1 Vaughn Hill Road - The applicant was not in attendance. Several members of the Commission had done a site visit, took pictures, and had questions about the project.~ It was agreed to defer this to the next agenda when they could be present. There was a brief discussion of the site visit and the possibility of constructing a horseshoe shaped split rail fence. The Commission was interested in seeing a physical barrier to prevent expansion of mowing.~ Jeff and Kathy will work on maps of what it would look like to clear specific distances around the barn -- e.g. 20 feet, 40 feet.~
Minutes - The Commission approved minutes from 9/1/16, 12/1/15, 11/17/15, and 5/19/15 as drafted on a motion by Brian, seconded by Liz and approved unanimously.~
3 East End Road - Issuance of Duplicate Order of Conditions - Sferra explained that the original Order was lost during the transfer of ownership. The Commission executed a new copy.~
Nourse Road - Clearing and Driveway~within Conservation Restriction - Present on behalf of the owner Brian Laurits, were Sharon and Joe Columbo, parents of one of the owners.~Sferra explained that the owner is seeking approval from the Commission for three things: ~clearing, construction of a driveway and a mounded septic system. The lot does not have wetlands, but half of the lot is within a Conservation Restriction that is held by the Conservation Commission and was conveyed in the 1970s.~Sferra has researched the history and found an old plan showing the land subject to the Restriction.~The Restriction specifically provides for the construction of ~up to three underground septic systems as well as three driveways in the locations shown on the plan that was recorded when the Restriction was conveyed. Sferra and
the Columbos provided several plans showing the location of the the driveways and the boundary of the CR.~ Sferra stated that from her research she learned that a number of years ago the Commission wrestled over many months with the question of whether a mounded system was permissible under the terms of the CR and ultimately concluded that it was.~She believes that as proposed, the clearing is consistent with the term of the CR. However the proposed driveway appears to be a fourth driveway that would not be permitted by the CR.~The Commission expressed interest in viewing the site and asked that the proposed driveway location and the boundary of the CR be staked in the field to facilitate viewing.~ Sferra said she did not know if one of the driveways shown on the original plan was ever built and whether there might be a possibility of amending the CR to provide for a different driveway location if consistent with the conservation values of the property.~ It was also suggested that
the applicant investigate the possibility of using the existing adjacent driveway which may involve research into what his rights are to use the driveway, as well as whether the town might approve this as a common driveway given the unusual circumstances involving this lot.~ It was agreed to have Sferra set up a site visit and also communicate the discussion to the applicant. There was also discussion about the possibility of permanently marking the CR boundary on this lot.~ After discussion Brian moved to approve the septic system on Lot 3A Nourse Road as being consistent with the terms of the existing CR. Liz seconded the motion and it was approved unanimously.~ The Commission wanted to stress with the applicant that this is not an approval for the driveway and that one should not be constructed in this location for septic construction purposes.~
Jeff Larence recused himself from the meeting. ~ Lori Stephenson joined the meeting.~
Bolton Town Common - Request for Certificate of Compliance - 112-612 -~Brandon Ducharme (Ducharme and Dillis) and Bob Roemer (Bolton Conservation Trust) were present for the discussion.~ Brandon explained the history of this lot.~ There was an Order issued for demolition of 3 structures and the remediation.~ That work is complete.~ There is a second Order for the construction of the Town Common. They would like to close out the first Order.~ They have not prepared an as-built but did do an existing conditions plan for the second NOI filing that showed all the buildings removed.~ Brian indicated that he was comfortable accepting the existing conditions plan in lieu of an as-built.~There will also be a final as-built associated with the second Order.~Several members of the Commission conducted a site visit. Brain
moved to issue a Certificate of Compliance for Order #112-612 under the Act and Bylaw. Lori seconded the motion and it was approved unanimously.~
Bolton Town Common - Discussion of Replication Area -~Brandon Ducharme and Bob Roemer were present for this discussion. It was noted that most of the work has been done and the area is finish graded and drainage is in.~They moved the pergola and the parking lot was moved slightly to the west to save trees.~ They are waiting on the as-built.~ The project required the filling in of a degraded drainage ditch (1300 sq ft) and creation of a wetland replication area of 1560 sq. ft. Creation of this area is problematic due to heavy overgrowth of Japanese Knotweed which extends onto adjacent properties.~ They would like to close out the project but have the requirement to establish the replication area over two growing seasons.~They don't want to plant wetland plants which would just be taken over by the knotweed.~ It was
suggested that one option might be to try to get all of the adjacent property owners together to come up with a shared solution. Sferra talked about the success that Stow was having with herbicide treatment of Knotweed at Captain Sargent Conservation Area and offered to show the area to Ducharme and Roemer. There was a discussion about Great Brook and culvert capacity and recognition that this will need to be addressed.~ Brandon will look at a few provisions of the Wetlands Regulations to explore how to address the lack of replication. In the meanwhile, the as-built will be worked on.~
Lori Stephenson left the meeting and Jeff Larence returned.~
Staff Updates:
Sferra gave an update on 401 Main Street.~ The owner is coming in next Monday to meet.~ We will help them understand how the regulations apply to this lot.~
Sferra gave an update on the Taylor Enforcement matter.~ A letter was received from Leo Garneau stating that the area west of the brook was revegetating and the area of east of the brook was exempt as agricultural.~ Goring and Sferra responded with a request for additional information.~ Garneau's letter has been provided to Natural Heritage. The deadline that Heritage has set is September 30th.~ There will be a conference call among DEP, Natural Heritage and the Town next week to see where things stand.~ Sferra showed the Commission aerial photos from Google that demonstrate that the land has not been farmed for at least five years, meaning that it may not be exempt.~
Sferra gave an update on the DiPietro Enforcement matter.~ A site visit with DEP will be held tomorrow.~ The conference call with Counsel went well.~ Berube suggested a meeting in the coming weeks with the Town Administrator to talk about litigation.~ Sferra will look into the Wetland Fund balance.~
Sferra and Larence gave an update on the user conflict at Bower Springs last weekend.~Larence reported that the approved search and rescue drill went well.~ A private event conflicted.~ The individual involved brought in an unpermitted portajohn.~The police wound up responding.~The Commission discussed the possibility of changing their conservation land regulations to require event permits.~ Sferra shared Stow's positive experience with this.~ It was agreed that this was something to take up in the future.~ Sferra will follow up with the private individual who hosted the dog event and make sure that she works with the Commission should she ever decide to host another event at Bower Springs.~
Sferra updated the Commission on the Conservation Administrator search. Rebecca Longvall was present for the meeting and introduced herself to the Commission.~ She will start work on Tuesday after Columbus Day. Sferra said that she and Goring were very willing to help with the transition and would be working with Longvall to develop a plan for this.~The Commission welcomed Rebecca.~
The Commission discussed upcoming meetings. It was agreed to meet October 13, November 3, and November 17th.~
At 9:25 pm, Berube moved to close the meeting, Clowes seconded the motion and it was approved unanimously.~
Respectfully submitted,~
Kathy Sferra
Interim Conservation Administrator
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