Lincoln Conservation Commission
MINUTES
Wednesday, June 2, 2004
Lincoln Town Offices
COMMISSIONERS PRESENT: Toby Feibelman, Elizabeth Frumkin, Jim Henderson, David Katsuki, Mary Lincoln (chair) & Sara Silverstein. STAFF: Tom Gumbart.
WETLAND FILINGS
Public Hearing - Notice of Intent: Codman House (SPNEA), 38 Codman Road (Map 83-Block 2-Lot 0).
James Lee and Chris Patzke attended the meeting on behalf of the Society for Preservation of New England Antiquities (SPNEA) and Steve Powers, project engineer with Samiotis Consultants, presented the proposed work. The Codman House pond within the "octagon" area on this property is connected via a 12" clay pipe culvert to wetlands on Town-owned conservation land on the south side of Codman Road. Several years ago this culvert ceased functioning because it collapsed or was crushed and also filled with years of sediment. Pressure washing restored some level of flow but the culvert needs to be repaired for the health of the pond and of the wetland to the south.
The applicant proposes to abandon the current pipe and run a new HDPE 12" pipe between the same two points at the same culvert elevations. However, the route will run straight to the access driveway for the main house, sited to keep maximum distance from the specimen trees along the stonewall. At the driveway a storm drain manhole will be located to allow for better access for routine pipe maintenance. The culvert pipe will then angle in another straight run to the south side of the road. Permission from the Town will be required for the roadcut. The outlet will be daylighted approximately 15 feet before the current outlet, thereby providing additional exposed resource area. The Commission had concerns regarding the potential for
erosion at the outlet but Mr. Powers said that the slight drop in grade between the two ends means water will have very little velocity upon discharge so erosion should not be a problem. If a problem does occur the applicant will need to stabilize with riprap.
Around the pond the field is growing in with woody plants and the Commission inquired whether there were plans in place for vegetation management. At this time there is no set plan for the landscaping around the pond.
Permitting also has to go to Mass. Historical because of historical preservation restrictions on the property.
As proposed, the plan calls for hand-digging the trench near the wetlands to minimize impact. The Commission appreciates this as a way to minimize impact but questioned if this would be the best approach. The use of a ditch witch and small backhoe may give a cleaner cut to the depths needed, minimizing root pull and soil breakup. In addition, using this type of equipment will make the work proceed quicker thus reducing the period the trench will be open and exposed. The applicant agreed to a continuation of the hearing in order to explore other methods for handling the trench excavation.
The Commission voted 6-0 to continue the public meeting to June 16, 2004 at 7:45 p.m.
Public Hearing - Notice of Intent: Town of Lincoln, 30 Sunnyside Lane (Map 11-Block 42-Lot 0).
The current septic system at this Town-owned affordable house has failed and needs immediate replacement. The proposed new system will be sized for five bedrooms; currently it is sized for four bedrooms. Adding the extra capacity will create the potential for a future addition to the house to add another affordable housing unit. Sep-Tech Services did the engineering for the system design.
Three variances are being sought from the Lincoln Board of Health for this system. One variance is required to allow the soil absorption system (SAS) to be located less than 100 feet from a bordering vegetated wetland (BVW). A 60-foot setback from wetlands is proposed. Another variance is for allowing the SAS to be in a bed configuration rather than a trench configuration. This decreases the area necessary for system installation to be decreased by approximately 30%. The final variance is sought to allow the system to be sized without accommodating a garbage disposal, this will also minimize the size of the new system.
The system will be mounded from one to three feet above the existing grade. The location is immediately behind the existing home and the area is already landscaped, being a mix of lawn and trees. The presence of the BVW and an isolated wetland pocket to the south of the house limit where the system can be placed. The presence of ledge also affects the placement. If the system were moved back on the lot it would be closer to wetlands and would require extensive tree clearing. The front of the house is not a viable option because there is not sufficient space between the driveway and the isolated wetland.
The actual SAS will be fully outside the 50-foot buffer zone but grading will extend about ten feet into this zone. There is no room to move the system farther away than this and with seeking the above-mentioned variances the system's size will be minimized. A sedimentation barrier, as shown on the plans, will enclose the work site and serve as the strict limit of disturbance.
The Commission voted 6-0 to close the public hearing and issue an Order of Conditions permitting the proposed work.
Public Hearing - Notice of Intent: Patrick Ames & Carol Cadogan, 185 Weston Road (Map 111-Block 5-Lot 12).
Peter Bemis, Engineering Design Consultants, presented the project to construct an accessory barn with the buffer zone to bordering vegetated wetlands. Mr. Ames and Ms. Cadogan also attended the hearing. Approximately 1,900 sq. ft. of buffer zone alteration is proposed. The footprint of the barn itself is 1,440 sq. ft. No alteration is proposed within the inner 50-foot buffer zone. The applicants are also willing to install permanent buffer zone markers, such as a fence or stonewall, to delineate the future no-disturb zone. Barn drainage will be captured and sent to the infiltration basin that was put in place for the home that is currently under construction. The barn is intended for use as a "gentleman's barn" and not to
stable animals. The Commission does not want animals to be paddocked or grazed within the buffer zone and there is very little other space on the site for livestock of any kind. The barn will be a slab structure built on grade so minimal earth moving is required during construction.
The Commission noted that one corner of the barn is located only a few feet from the 50-foot buffer zone line. Considering how close it is there is the possibility that now, or in the future, there will be encroachment into the inner buffer zone. Mr. Bemis said that the structure can be built without any encroachment and that he does not see that future activity would occur with the inner zone. The Commission has serious concerns over the long-term protection of the wetlands and undisturbed buffer zone on this parcel of land. Current or future owners may want to expand the home, clear more trees, plant additional lawn or otherwise alter protected areas. This can happen as part of one large project or by incremental creep down the slope over the years. The Commission
wants to ensure that when a home like this is built, that has very tight constraints on how it fits with the regulations and landscape, that all owners are aware of the wetland resource issues associated with the property and that these are respected now and well into the future. With the wetlands protection bylaw's new buffer zone regulations the Commission can require an applicant to execute a deed restriction that will be recorded at the Registry of Deeds in the chain of title of the subject property. This will serve to always put new owners on notice of how the presence of wetland resource areas affects management of the property. After a Certificate of Compliance is issued Orders of Conditions are buried in the Registry and permanent restrictions are effectively lost. This mechanism of using the Deed Restriction will help both the Commission in properly administering the State and local wetlands laws but will also help future buyers avoid costly
violations of these laws. Such a Deed Restriction must be executed on this property.
Mr. Ames and Ms. Cadogan agreed to this provision and the Commission will work with them to draft and record a deed restriction. The sedimentation barrier shown on the plan of record will serve as the line dividing protected buffer zone from the building envelope.
The Commission voted 6-0 to close the hearing and will issue an Order of Conditions at the next meeting.
Public Meeting - Request for Determination of Applicability (continued from 05/19/04): Lincoln Land Conservation Trust, Beaver Pond (Map 86-Block 3-Lot 0).
This meeting was continued to allow for a site visit to view current conditions on the Land Trust land where limb pruning and invasive species removal is proposed. The site visit was held and attended by Alan Royal, Starr Daniels, Dave Burke, Tom Gumbart and several Commissioners.
After discussing this site visit the Commission voted 6-0 to issue a negative Determination of Applicability allowing the work to proceed as described in the permit application.
DISCUSSION ITEMS
Senior Work-off Program
The Conservation Department will once again participate in this program and we will have seniors working in the office and on Conservation land.
Jerodel Realty Trust Wetlands Report
The report from Peter Fletcher was received regarding the wetland delineation at the Jerodel Realty Trust property off of Winter Street.
Draft DEP Regulation Revisions
Mass DEP has published these draft revisions. There are several different topics for revision but the one of most concern to the Commission is the change in buffer zone permitting. DEP is proposing a simplified review process allowing most work to proceed as long as it is more than 50 feet from wetland resource areas. Comments are due at DEP on June 28th.
ACTION ITEMS
Conservation Restrictions Review & Recommendations:
Hobbs Brook Farm Cluster Subdivision
Tom Frisardi, counsel for Hobbs Brook Farm Property Company L.P., and Buzz Constable, Lincoln Land Conservation Trust (LLCT) President, attended this discussion. The Hobbs Brook Farm is granting a CR on three parcels of land totaling 17.15 acres to the LLCT. The Commission will have back-up enforcement capability on this CR. Joel Lerner, EOEA, has reviewed two drafts of the CR and will accept the current version. Mr. Constable said that the LLCT has approved of the CR and Mr. Frisardi is seeking approval from the Commission. Although the Commission does not sign off on the document the Commission makes a recommendation to the Board of Selectmen as to whether or not the CR has real conservation value.
Hobbs Brook Farm's open space is part of a cluster subdivision approved by the Planning Board. This land is important because of the wetlands and upland that directly connect to and help protect Cambridge Watershed land. Protection of this land also protects wildlife habitat. Keeping the upland CR land undeveloped will provide scenic vistas and a trail system is part of the CR.
The Commission raised concerns over language on page one of the CR. As it is currently worded in Section I. Grantor Clause: paragraph 2 it states . . . “The Grantors obligations hereunder shall cease upon transfer of the Conservation Restriction Area, provided that the successors and assigns shall assume such obligations upon the transfer.” The Commission recommended the following wording . . . “The Grantors obligations hereunder shall cease upon transfer of the Conservation Restriction Area, and their successors and assigns shall thereby automatically assume such obligations upon the transfer.” Mr. Frisardi said that this should not be a problem and will forward the revised language to the Commission.
Naiman Cluster Subdivision
Buzz Constable spoke on behalf of the Alaric Naiman CR. It is on a 1.75-acre parcel of land and it is also going to the LLCT. The LLCT supports the CR and Joel Lerner has reviewed it.
The CR's open space is part of a cluster subdivision that was approved by the Lincoln Planning Board. The land abuts permanently protected conservation land and is part of a contiguous forested landscape that extends to Farrar Pond and provides valuable wildlife habitat. A trail connection to the existing network around Farrar Pond is included in the CR and protection of the land will help preserve views from the trails and from the pond itself.
LLCT Osborne Lane
A CR on a 17.82-acre parcel is being granted from the LLCT to the Lincoln Conservation Commission. Mr. Constable represented the LLCT for this discussion. Joel Lerner has reviewed the CR.
The Osborne Land is currently permanently protected as open space by the LLCT but the addition of a CR will serve as an extra layer of protection thus ensuring the long-term protection of the land. This piece of land has a diverse mix of woodland, swamp, pond, and stream habitat. Protection of this land benefits wildlife, allows for maintenance of a visually interesting site, and keeps an important trail network viable. This land also lies within the Cambridge (Charles River) Watershed.
The Commission is pleased that these three landowners have agreed to protect important land within our community. We appreciate their time, energy, and generosity in allowing these CRs to come to fruition. The Conservation Commission voted unanimously to support these three CRs and recommend that the Board of Selectmen approve all three that are currently under review.
Extension of Order of Conditions issued to Neil Zarella, 83 Page Road (DEP #203-723).
Minutes approved from 04/07/04, 04/21/04, & 05/05/04.
Bills & Payroll - signed.
Respectfully submitted,
Tom Gumbart
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