Lincoln Conservation Commission
MINUTES
Wednesday, July 19, 2006
Lincoln Town Offices
COMMISSIONERS: David Katsuki, Peter Von Mertens, Jim Meadors, Sara Lewis, Ben Horne, Ari Kurtz, Jim Henderson STAFF: Tom Gumbart, Angela Seaborg.
WETLAND FILINGS
Notice of Intent: Thomas Dooley. 31 Old Concord Road (Map 61-Block 4-Lot 0). For construction of a single-family dwelling with attached garage, site preparation, landscaping, amenities and utility connections.
Arlene Wilson, PWS of A.M. Wilson Associates, Inc. represented Thomas Dooley with a plan to construct a new, 3344 square-foot house completely within the 100-foot wetland buffer zone resource area. Other proposed features within the wetland buffer zone resource area include several feet of fill across the property, a new driveway, patio and gazebo, retaining walls and utility lines. The project would result in approximately 8500 square feet of disturbance within the 100-foot buffer zone resource area. The closest point of disturbance is 50 feet from the wetland resource area and the house ranges from 6-15 feet from the 50-foot buffer zone resource area.
Arlene Wilson stated that the project conforms to the regulatory exclusion set forth in 310 CMR 10.2(2)(9)(2) in that the Commission previously approved the wetland resource area delineation and therefore the project does not need DEP approval because it meets the requirements set forth in the simplified review process. Tom Gumbart clarified that the previous filing, submitted in May 2005, was through a Notice of Intent for field management rather than an Abbreviated Notice of Resource Area Delineation which is the permitting mechanism for the simplified review process. On May 4, 2005 an Order of Conditions was issued for restoration work within the 50-foot buffer zone resource area on the subject lot. Several conditions have not been met and a Certificate of Compliance has not been issued. Furthermore, it was not apparent
that the total impervious area within the outer 100-foot buffer zone resource area was less than 40% of the total buffer zone resource area.
Arlene Wilson presented several reasons why the design team felt the project would not adversely impact the wetland resource area, but did not specifically address potential adverse impacts to the buffer zone resource area as protected under the Lincoln Wetlands Protection Bylaw. The Commission expressed concerns regarding likely adverse impacts to the wetland and buffer zone resource areas. David Katsuki expressed his concerns regarding the feasibility of constructing the house with only 6-15 feet of space to work outside the 50-foot wetland buffer zone resource area. Jim Henderson mentioned that in addition to short-term construction impacts to the wetland buffer zone resource area, there are likely to be long-term water quality impacts from general maintenance activities on the house such as painting or washing. David
Katsuki also expressed concerns regarding the Commission's ability to guarantee and enforce the activities of any new homeowner with only 10 feet of space from the walkout basement to the 50-foot buffer zone resource area. The Commission would like several section drawings through the house and looking at the back of the house from the 50-foot buffer zone resource area to understand the proposed house elevations, slopes and grade changes.
During the 2005 Notice of Intent hearings there were discussions of an intermittent stream and area of open water at the eastern end of the property. The Commission would like to see a plan with the entire property, including these features, depicted on it. They would also like a watershed map and drainage analysis showing existing and proposed surface water flow. The proposed plan does not address stormwater management from proposed impervious surfaces or from existing flows off of Old Concord Road that currently infiltrate in the 100-foot buffer zone resource area on site. As proposed, the linear house mounded on several feet of fill might have significant impacts to surface water flow, infiltration and flood control off Old Concord Road.
Jim Meadors expressed a concern that the length and mass of the house will significantly impact wildlife migration between the Mt. Misery Conservation Land and an expansive wetland habitat east of Rte. 126. While the design team has left a 30-foot wildlife corridor, it is not clear whether wildlife will continue to use the area as a migration corridor with the absence of approximately 250 linear feet of tree canopy cover and the proximity of two houses (proposed and abutting property) on either side of the corridor.
Several abutters submitted written letters regarding the project before the hearing and were present at the hearing. John Crawford of the Conservation Law Foundation reiterated the need for the Commission to review the project in light of all resource areas on site, including the intermittent stream and open water area in the eastern portion of the property. Curt Risley, 21 Old Concord Road, reflected on the history of the property. In light of the value Thomas Dooley received from the sale of 5 lots of a 7 lot subdivision, Mr. Risley suggested that it would not be a taking or a hardship if the Commission denied this project. Thomas Dooley knew of the wetland constraints on the property at the time he subdivided the land in 1996. In more recent years, he has prepared alternative subdivision configurations of the remaining
2 undeveloped parcels (one of which is the subject property) to try to overcome wetland constraints. Though he received Planning Board approval for a subdivision plan in 1998, Thomas Dooley never recorded the plan. Susan Mygatt, 37 Old Concord Road, agreed with the concerns expressed by the Commission and highlighted that the construction of the proposed house would significantly alter virtually the entire buffer zone resource area between 50 and 100-feet of the wetland resource area.
Abutters Joanna Crawford, Anna Hardman, Yannis Ioannides and Marlies Comjean submitted letters opposing the project, but were not able to attend the hearing.
Three new Members have joined the Conservation Commission since the previous meeting and would like to visit the site.. With written permission from the applicant's representative, the Commission voted 7-0 to continue the hearing to August 23, 2006 at 7:45 pm.
A copy of the full transcript recorded by the applicant during the 7/9/06 hearing will be kept at the Lincoln Conservation Department.
Request for Determination of Applicability: Andrew Truman of Samiotes Consultants. Greenridge Condominiums (Map 104 – Block 1 – Lot 0).
Andrew Truman of Samiotes Consultants represented the Greenridge Condominiums with a plan to install a 4" PVC drain, grade previously contoured slopes around the condo units to alleviate drainage problems, and to plant shrubs and groundcovers over the re-contoured areas to prevent further erosion. The Commission felt a Request for Determination of Applicability was an appropriate submission because all proposed work will take place within existing landscaped areas located in the outer 100-foot buffer zone. The proposed work will improve stormwater drainage patterns toward the wetlands on the site. The Commission offered several minor improvements to the plan including the installation of small check dams along the proposed swale; reconstruction of the rip rap edges along the roadway to a depth of 18" with
layers of smaller gravel, use of native plants, and creation of a maintenance document for the property manager and landscapers to keep drainage areas functioning properly. The applicant agreed to incorporate these features into the plan and will be happy to submit an as built plan after project is completed.
The Commission voted 7-0 to close the meeting and issue a Negative Determination of Applicability.
DISCUSSION ITEMS
New England Deaconess
New England Deaconess is moving forward with plans to present at a special town meeting this fall with hopes of receiving approval for rezoning of the property for a senior living complex. They have had several meetings with representatives from Town Boards and concerned neighbors to discuss their plans for the senior housing facility with some affordable units. The primary concerns at this point pertain to access to water from the Lincoln Water Department and getting the MA DHCD to accept the affordable housing aspect of the project. They will be coming before the Commission on August 9th for preliminary discussion of their plans.
General Discussion with Selectmen
The Board of Selectmen are requesting that all the Town Boards come before them for discussion regarding general and specific challenges and/or projects each board is currently facing. The Conservation Commission and Board of Health will meet together with the Board of Selectmen on Monday July 24th at 7:30pm.
Deer and Lyme Disease Study
Ed Rolfe approached the Board of Selectmen requesting their permission to form a Committee to study the correlations between lyme disease, ticks, and deer. While the Commission has been grappling with the issue amongst themselves, any solution will need to consider the problem in a regional context. The Commission has reviewed the Deer Task Force Report written in November 2001 and is beginning to research more specifically the food web correlation between oaks, deer, mice, chipmunks, deer ticks and lyme disease.
Water Chestnut Harvesting
Harvesting Water Chestnut in Fairhaven Bay will begin the first week of August and will continue for 3 weeks with collaborative efforts from Lincoln, Concord and Great Meadows National Wildlife Refuge. Harvesting is now in its sixth consecutive years and is proving to be successful at keeping the main channel of the Sudbury River open and controlling the amount of water chestnut in the Bay.
ACTION ITEMS
Continued - Review CR for 0 Cambridge Turnpike – Edward and Henry Flint
Continued - Review CR for 144 Weston Road (Donaldson)
Continued - Approve Minutes 7/5/06
Bills & Payroll Signed
Respectfully Submitted,
Angela Seaborg
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