Conservation Commission approves Stub Toe Lane addition, adopts new land regulations

SUDBURY — January 22, 2024 — Sudbury Conservation Commission tables 30-year-old order of conditions that has stalled a home sale. Conservation Coordinator Lori Capone told the commission that boundary markers required under a 1994 order at 4 Southwest Circle were never installed, an irrigation system was placed within the resource area, and roughly 7,000 square feet of rear lawn now sits where the order required undisturbed buffer. Sellers' attorney Amy Weil said owners Kathy and Michael Malavasic, who bought in 2012, learned of the open order days before a postponed closing on a new home. Member Mark Sevier said the commission should not validate the current condition: "That's what that restriction was there for is to not turn it into a backyard. So now you're asking us to just accept that it's a backyard." The commission also issued an order of conditions at 38 Stub Toe Lane covering a 670-square-foot impervious increase offset by eight native shrubs and infiltration systems, and adopted revised land regulations banning open fires, weapons and fishing on conservation property.

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