The Open Space Preservation Commission on Thursday night approved a request for moving a trail off Whisper Way onto land that had been donated to the commission as part of an open space and landscape preservation development (OSLPD) special permit for a 12-unit subdivision.

At a September 2023 meeting, the OSPC approved the donation of this open space after engaging in a jurisdictional debate with the Planning Board. Planning Board meeting documents revealed that four lots had building permits issued for the construction of the homes in that subdivision prior to the conveyance of the open space or the placing of a conservation restriction on the land, contrary to the requirements of the OSLPD bylaw. Also, two of the three units constructed had been issued certificates of occupancy and were sold. The Planning Board held a contentious meeting about the land donation a week before the OSPC voted to accept it.

The OSPC voted that any open space donation offers by developers need to be reviewed by the commission, not presented solely before the Planning Board for approval. The commission deemed the donated land desirable because it would connect to Cameron Woods and existing trails along town-owned property.

An existing trail currently is located on the edge of the OSPC land. Chair Ed Harrow said he had been approached by the subdivision’s developers, Ron and Craig Nation, about moving the trail onto OSPC land and off the property the Nations own.

Member Jane Moran suggested that the new trail be built by the Nations. There is a walkable path parallel to the current trail in a wooded area that would be acceptable, she said.

“Actually, it would be preferable if we could keep that trail and have [the Nations] give us that little strip of land that it’s on,” said member Steve Levandosky. “Where it’s kind of a wet area, if there’s an option to keep [the current trail], that would be better.”

Added Levandosky: “My understanding was that wasn’t an option at all, and that we were just going to build a new trail.”

While Moran said the OSPC should accept an offer by the Nations to build a trail if it is made, Levandosky countered that the Nations may not build the trail in the way the OSPC envisions it. Volunteers could effectively build the new trail using OSPC’s guidance.

After discussion, the commission voted 4-0 to accept the Nations’ request to move the trail onto OSPC property.

61 Winter Street land surveyed

Harrow told commission members that 61 Winter Street had been surveyed at the OSPC’s request on Dec. 10. This property was discussed at the previous meeting because Harrow believed that a stone wall there may be encroaching on town land.

This issue was discussed in an executive session after the meeting.

Land donation accepted

The commission voted 4-0 to accept a donation of a parcel owned by Gilbert Leonard off John Matthew Road. Harrow said the land is near Tim’s Trail.

OSPC to put placeholder on ATM warrant

The commission voted 4-0 to put a placeholder article on the Annual Town Meeting warrant for potentially acquiring or leasing property for open space use. This would allow the commission to consider its options without making a commitment to specific properties for the warrant. The Annual Town Meeting is scheduled to begin May 5.

Members also discussed the accomplishments and pictures it plans to include in its annual report, which will be shared at that time.