Lincoln Conservation Commission
MINUTES
Wednesday, December 1, 2004
Lincoln Town Offices
COMMISSIONERS PRESENT: Toby Feibelman, Mary Lincoln, Jim Meadors, Jim Henderson, Peter Von Mertens, & David Katsuki. STAFF: Tom Gumbart, Angela Kearney.
WETLAND FILINGS
Public Hearing – Notice of Intent: Dooley, Thomas, 31-33 Old Concord Road. (Map 61-Block 4-Lot 5&6). For removal of invasive plant species and field maintenance through selective clearing.
Please refer to the court stenographer transcript and Conservation Commission’s recordings for exact Public Hearing details.
Thomas and Helen Dooley were not present at the hearing. Their counselor at law, Diane C. Tillotson, and a stenographer were present. Peter Conant, registered architect and president of The Conant Group, Inc. prepared and presented a Notice of Intent on behalf of Thomas and Helen Dooley. Mr. Conant spoke to a plan that coupled two previously subdivided parcels (both owned by the Dooleys), 61-4-5 (1.84 acres) and 61-4-6 (3.33 acres), totaling 5.17 acres of mixed woodland, shrub-scrub, field, and wetland habitat. There are no homes on either lot. Mr. Conant presented the applicant’s first intention to conduct field maintenance through regular mowing and manual removal of invasive plants in the ‘existing field’ on lot 61-4-5. This field is approximately 1 acre, ½ of which is in the
100- and 50-foot wetland buffer zone, and 340 feet of which directly follows the wetland edge. The field was established in 2003 without a permit from the Conservation Commission and is currently managed as a regularly mown ‘lawn’. The applicant’s second intent is to establish a field, approximately ½ acre in size, up to 10 feet of the wetland edge on lot 61-4-6 through manual cutting of invasive plants and mowing. The applicants’ primary goal for maintaining and establishing the fields is to control tick and tick-borne infection throughout the property.
Arlene Wilson, principal environmental planner of A.M Wilson Associates, Inc. presented a wetland delineation and inspection report conducted by Robert Lucia of Wetlands Environmental Testing, Inc during the fall and winter of 2003/2004. Robert Lucia was not present at the hearing. The wetlands on lot 61-4-5 were not studied extensively and follow the same wetland line delineated by Barbara Gard for a 1996 Request for Determination of Applicability. The wetlands on lot 61-4-6 were significantly different from the 1996 delineation. Since 1996, Lincoln’s Wetland Bylaw evolved from basing delineations on wetland indicator plants alone to following the state’s methodology requiring data on soils, hydrology, and indicator plant species. The 1996 delineation was based primarily on vegetation. The
2003 delineation done by Robert Lucia was based primarily on soils.
The Commission had several questions pertaining to the wetland delineation methodology, long-term management regime, and validity of tick control through mowing. The Commission questioned how Robert Lucia could be sure of the wetlands line when there was 40 feet between his hydric and non-hydric soil test pits. Ms. Wilson had no comment on the location of test pits. The Commission also questioned the success of mowing to eradicate or control tick populations, particularly where ticks (and deer and dogs) migrate freely through fields and woodlands all over town. Arlene Wilson referenced an article attached to the Notice of Intent and said she had success with controlling ticks through mowing. Jim Meadors, Conservation Commissioner highlighted the primary points in the referenced article including the most
important being prevention – checking yourself carefully for ticks after you are outside. Other sections of the article refer to reducing the number of ticks ‘around your home’. This property does not have any homes on it. Also, there are no public trails through or around the property.
Ms. Wilson suggested the Commission focus on the real question – “Will the work have an adverse impact on the wetlands?” Mary Lincoln, Commission Chair suggested that changing a shrub-scrub habitat to a dry, open field will have a significant impact on the hydrological regime and wildlife habitat associated with the wetlands. Jim Henderson, Commissioner requested that the applicant submit a long-term management plan for the fields so the Commission can monitor the work over time. Ms. Wilson agreed to submit a land management plan.
Roughly thirty (30) neighbors from Old Concord Road were present at the meeting and several voiced their concerns regarding the vitality of the wetlands. Several neighbors were also concerned about the potential for future development on the properties if the wetlands buffer zones were converted to mown fields. Almost all these neighbors were present for a 1997 hearing in which Tom and Helen Dooley proposed to fill and mitigate an isolated wetland on lot 61-4-6 for the development of a single-family house lot. The Commission denied the Order of Conditions and DEP upheld their decision. One neighbor suggested that the Commission refer to a zoning provision that states parties must go to the Planning Board prior to land clearing for site development. The Commission believes this refers to earth work
and site prep associated with building construction, not vegetation removal and land management, but will check the zoning provision.
Although several plans had come before the Commission in the past, members of this Commission had not been out to the site and felt it would be necessary to conduct a site visit prior to any decision. The Commission also felt it would be in the best interest of the filing to hire an independent consultant to review the submitted wetlands delineation.
The Commission voted 6-0 to continue the hearing to January 19th at 7:45 pm. Prior to the hearing the Commission will conduct a site visit and hire an independent consultant to check the wetlands delineation. The Commission will discuss consequences for clearing and maintaining the ‘existing field’ without a permit at the next hearing.
DISCUSSION ITEMS
Browning Field Horse Riding Ring
Several residents representing the Lincoln equestrian community attended the meeting to discuss their proposal for rehabilitating the Riding Ring on the Upper Browning Field Conservation Land. The Commissioners appreciated their coming and strongly supported their endeavor: the Commission is pleased to see the tradition continue. Here is a quote from a 1967 letter from Bob Lemire (then Chair of the Conservation Commission) to Bisty Donaldson (for the 4-H Club) granting permission to use the Browning Field for equestrian activities. “The Conservation Commission heard your request for use of the Browning Field by the Lincoln 4-H Horse Club with great interest. It is this type of use which is entirely compatible with land purchased by the town for conservation purposes.”
The current Commission echoes Mr. Lemire’s statement and hopes that CPA Funds can be used to make a safe and enjoyable riding ring that Lincoln residents can take pride in. It needs to be noted that the Upper Browning Field also supports breeding Bobolinks, a locally rare grassland bird, and is hayed by Codman Community Farm after the nesting season. The repair and use of this ring will not impact the agricultural and wildlife values of the field.
Mt. Misery Beaver Dam
The Commission agreed to post signs and send a letter to all abutters stating that it is illegal to dismantle or alter beaver dams without a permit. The Commission will continue to discuss and document actions taken thus far. They will reflect upon these and other conditions to~determine how best to deal with the~Mt. Misery beaver dam and~with other human/beaver conflicts as they arise.
ACTION ITEMS
Meeting Minutes approved from 11/17/04
Bills & Payroll signed
Respectfully submitted,
Angela Kearney
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