Lincoln Conservation Commission
MINUTES
Wednesday, March 24, 2004
Lincoln Town Offices
COMMISSIONERS PRESENT: Toby Feibelman, Elizabeth Frumkin, Jim Henderson, Mary Lincoln (chair) & Sara Silverstein. STAFF: Tom Gumbart.
WETLAND FILINGS
Public Hearing - Notice of Intent: Jerodel Realty Trust, Winter Street (Map 91-Block 7-Lot 0).
The applicant is seeking wetlands permits for construction of a roadway, utilities, stormwater management structures, and grading for a new cluster subdivision. Mary Lincoln started the discussion by reviewing the process for approval of cluster subdivisions. The standard procedure is to produce a proof plan showing the number of lots that could be created with a traditional subdivision layout and submit this to the Planning Board. At that time all boards and the public have an opportunity to comment and then the Planning Board can approve of the proof plan. After that process an applicant moves on to review of the cluster plans. The Commission cannot take action to approve of work associated with a cluster prior to the establishment of a valid proof plan
demonstrating the number of viable building lots. Previously the applicant had been advised to get the wetlands delineation approved through the Conservation Commission. The applicant has not done this through an ANRAD filing but the current NOI filing has the wetlands line on it. The Commission's first order of business with this NOI is to check the wetlands line with an independent wetlands specialist.
Dave Crispin from BSC is the project engineer and he represented the applicant at this hearing. He discussed the issue of who should his applicant start the process with. He said that if the Commission does not approve of the plan that he would not expect the Planning Board to approve of it. He and the applicant are operating under the premise that this will be a five-lot subdivision with two existing lots and three new lots. The entire property is approximately 64 acres but the bulk of it is wetlands. Mr. Crispin mentioned that their risk in seeking an Order of Conditions from us first is that if the Planning Board agrees to something different they will have to come back before the Commission. He also said that they anticipate doing separate NOIs for each individual
home. What they are proposing now is the infrastructure to support those lots. He said that even if the Planning Board process eliminates one of the new building lots the infrastructure layout would stay virtually the same. The Commission reiterated that the Planning Board needs to work through the cluster subdivision process prior to making any wetlands permitting decisions. Mr. Crispin also asked for relief from the calculated fees under the local bylaw which were over $13,000. The Commission discussed that the fee structure was recently revised and they are willing to explore a reduction in the filing fee.
Next Mr. Crispin discussed the site conditions. There is a large wetland system to the south that wraps around the property along the western boundary. Two man-made ponds lie adjacent to the proposed subdivision and streams flowing to the south come in from the western and eastern boundaries of the property. Mr. Crispin stated that to his knowledge they are both intermittent streams. The Commission will need to research the status of these streams. If either is a perennial stream it would impact the project because of the 200-foot riverfront resource area that would apply. The water table lies approximately 2-feet below much of the site. All the waters lie within the Stony Brook Reservoir watershed that serves as Cambridge's water supply. Part of the proposed
cluster plan will be the permananent protection of most of the land that lies to the south of the work area.
The footprints of the proposed homes are kept just outside the 50-foot buffer zone. Approximately one and a half acres of mounded fill will be needed for the homes and septic systems. Rooftop drainage recharge is proposed. Some grading and stormwater management structures are proposed in the 50-foot buffer zone. The house siting has been driven mostly by the location of the leach fields. Commissioners questioned whether or not three new viable house lots exist on the site and reiterated that the only way to determine this is to first get the wetlands line approved and then go through the proof plan process under the cluster subdivision bylaw of the Planning Board.
Mary Lincoln discussed how our regulations allow the Commission to charge applicants for professional assistance to the Board. In this case the Commission needs the applicant to fund an independent wetlands specialist to work for the Commission in checking the accuracy of the wetlands delineation shown on the current plan. The applicant, acting through Mr. Crispin, agreed to a continuance of the public hearing. In the interim the Commission will retain the services of a wetlands specialist with a background in soils who can work on the delineation and a site visit needs to be lined up. A DEP number is still needed.
The Commission voted 5-0 to continue the hearing to 7:45 p.m. at the May 5th meeting.
ACTION ITEMS
Violation Notice sent to Dick Johnson, 1 Grasshopper Lane.
Bills were paid and payroll signed.
DISCUSSION ITEMS
Cemetery Commission
The Cemetery Commission is exploring plans for expanding the Cemetery into a new area. Much of site lies within the 100-foot buffer zone to wetlands and therefore will need permitting from the Conservation Commission. Preliminary plans show all the burial plots located outside the inner 50-foot buffer zone. However, a section of the main access road, which will be paved, is located within this inner zone. The configuration of the old cemetery plots may not leave any alternative to some work within the 50 foot buffer but the Commission suggests moving the road as far as possible from the wetlands. A connection will be needed to the existing gravel access drive that is on cemetery property and this is very close to wetlands. This connection
will be locked off and only open for funeral services to allow for through traffic. This is only preliminary feedback on a plan shown to the Commission.
Red Rail Farm
Kim Johnson and Gustav Beerel came in for further discussion about the plans for managing the ½ acre parcel of land owned by Mr. Beerel but used by Mr. Johnson through a Town-owned easement on the parcel. Mr. Beerel presented a written plan that is on file in the Conservation Department's office. A mainstay of the plan included sharing of the pasturage by both parties. The Beerel's anticipate being horse owners in the near future. Mr. Johnson said that mixing horses is not a viable plan because of potential problems with how the horses will interact. There was extensive discussion about how to proceed. Another option is to physically split the easement somehow. Doug Adams attended and spoke about the history of the Red Rail
cluster and he suggested splitting the land diagonally. Mr. Beerel and Mr. Johnson agreed to meet in the field and look at that possibility. This discussion will continue at an April meeting.
Road Resurfacing Work
The Highway Department is going to do their annual resurfacing work on roadways using State Chapter 90 funds. This year they will work on Old County Road, Winter Street, Weston Road, and Silver Hill Road. Work includes street sweeping and installation of a new layer only; no grinding or removal of existing surfaces is involved. Wetlands permitting is not needed because all the work is within the existing roadway footprint. The Cambridge Department of Watershed Protection has been notified about this project and they will monitor the work as it proceeds and recommend mitigation measures as needed.
Upper Browning Field
Mr. Turowski, 7 Silver Hill Road, has installed a gate from his property to conservation land. Codman Farm has used this access previously for getting in to hay his property. In the past Mr. Turowski has been notified by letter that this access point should not be used. The Commission asked Tom Gumbart to send another letter reiterating what was said before.
Respectfully submitted,
Tom Gumbart
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