The Inland Wetlands Commission postponed its public hearing on an application for a six-lot reconfiguration involving wetlands on Millstone and Hickory Hill roads until Thursday, Aug. 11.

The Brubeck Trust, the family of the late jazz musician Dave Brubeck, submitted an application for a significant regulated activity permit to access and develop property at 221 Millstone Road, and 67, 69, 73, 85 and 87 Hickory Hill Road.

The Inland Wetlands and Conservation commissions conducted site walks on the properties on Tuesday, July 26.

The six lots were subdivided in 1954 and re-subdivided in 1968 and fall within a public water supply watershed boundary, according to the June 8 application submitted by Gregory and Adams attorney J. Casey Healy on the behalf of his clients, the David W. Brubeck Trust, Iola W. Brubeck Trust and the Derry Music Company.

According to the application, the project would deal with:


  • 25.492 site acres.

  • 0.06 acres of altered on-site wetlands.

  • 2,090 linear feet of watercourse.

  • 467 linear feet of open water.

  • 5,650 cubic yards of excavated material.

  • 3,870 cubic yard of to-be-deposited material.

  • 2.84 acres of altered upland buffer.

  • 63,547 square feet of proposed and/or altered impervious coverage.


The application proposes the reconfiguration of lot lines to “create a layout that allows the lots to be developed with less impact to the wetlands and watercourses than would be required under the current configuration.”

The lot lines would be reconfigured to “move two house sites from the west to the east side of the premises,” the application states, and the new layout would “reduce site disturbance on steep slopes, reduce wetland impacts and reduce overall develop envelopes required to realize these house sites.”

The application further states that “vehicular access to lots located near the Comstock Brook from Hickory Hill Road present a challenge due to topography differences over 100 [feet], rock outcrops and a watercourse crossing,” and two wetlands crossings are needed to access the six lots via driveways — the development of which would directly impact wetlands areas.

The application requests wetland permits to allow access to and development of the lots, which include “a large central wetland corridor of about 3.3 acres … that bisects the site and the two isolated wetlands in the western portion of the premises.”

The project proposal includes an alternative lot configuration that has been developed to “allow access to house site locations for these lots in compliance with current zoning and wetlands regulations,” according to the application.

This would include four lots on the east side of the Comstock Brook, accessible by a common drive off Millstone Road; and two lots on the western side of the Comstock Brook, accessible off a common drive from Hickory Hill Road.

“This reconfiguration adjusts lot lines and moves one access way from Hickory Hill Road to Millstone Road,” according to the application.

The plan includes best management practices for during and after construction to “help control and reduce potential impacts to the wetland resources.” These practices include proper sediment and erosion controls, as well as infiltration and treatment of roof and driveway runoff to maintain water quality and new planting enhancements.

Development strategies will also be incorporated to help minimize impacts to the wetlands and maintain their functions, according to the application. These strategies include “substantial replanting and a long-term commitment for the control of non-native invasive plants with a minimization of new lawn areas,” as well as “maximizing woody buffer between the wetland and house developments.”

“The proposed lot development is expected to preserve the existing functions of the wetlands while allowing for reasonable use of the six existing lots,” the application states.

The Inland Wetlands Commission’s Aug. 11 meeting will take place at 7:30 p.m. in Room A of the town hall annex.