The Southborough Conservation Commission voted May 1 to issue a negative Determination of Applicability for a proposed asphalt extension of a path at 36 Corteville Road, contingent on confirmation that paving is allowed under the property's conservation restriction or on written concurrence from the Sudbury Valley Trustees.

Commission members said the path replaces an existing gravel trail that has deteriorated and caused washouts down a slope toward a nearby fairway. The applicant, contractor John Allen, described the work as similar in size and scope to an asphalt path approved the previous year and said paving would reduce erosion and stabilize silt that otherwise reaches adjacent resource areas. "By paving that particular section of path, it reduces erosion and potential sedimentation, into an adjacent wetland," the commission noted during discussion.

Why it matters: The commission framed the paving as both a repair of an existing condition and an erosion-control measure. Members emphasized that the town must ensure the work complies with the conservation restriction (CR) that covers the parcel; the CR lists the Sudbury Valley Trustees (SVT) as a principal grantee. Commission staff said they would contact SVT to confirm whether paving is permitted or whether SVT will provide a written concurrence that paving "comports with the CR." The commission directed staff to make the determination conditional on that confirmation so the applicant would not need to wait until the next meeting.

Details and next steps: Contractor John Allen told the commission the gravel path had been in place for roughly six to eight years and was subject to washout; he recommended paving to keep sediment in the rough instead of reaching the fairway. Conservation staff and commission members agreed to condition the negative determination on one of two outcomes: confirmation the CR explicitly allows paving by right, or a written statement from SVT that the proposed paving is consistent with the CR. The commission moved and seconded the conditioned negative determination and recorded a unanimous vote in favor.

The commission also invited staff to reach SVT's CR manager, Kristen O'Brien, to resolve the question within days and to finalize the determination for distribution early the following week. No public comments were raised at the hearing on this item.

Commission action: The motion to issue a negative determination conditioned upon confirmation from the CR or written concurrence from SVT passed by roll call vote; the commission chair said the determination would be signed and distributed the following Monday.