Lincoln Conservation Commission
MINUTES
Wednesday, August 23, 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 Continued from July 19, 2006: 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.
Jim Meadors, Conservation Chair, opened the continuation of the hearing from July 19, 2006 for the construction of a new, single-family house within the 50-100 foot buffer zone resource area at 31 Old Concord Road. While the Commission was interested in continuing the discussion pertaining to specific concerns and revisions of the proposed site plan, they clarified that they were not able to close the hearing or issue an Order of Conditions with an existing Order of Conditions open on the same property. The previous Order of Conditions can not be withdrawn because work has started under the existing order. In addition, the existing Order of Conditions runs on two adjacent properties. The applicant must request a Certificate of Compliance or treat this hearing as a request for an Amended Order of Conditions.
The applicant submitted new materials in response to the Commission's concerns expressed during their July 19th hearing. The Commission asked Arlene Wilson to walk them through the changes, understanding that the hearing could not be closed.
One concern was that the foundation was so tight to the 50-foot buffer zone that routine maintenance would not be feasible on the back of the house. In response to this concern, the applicant moved the garage 3' further from the 50-foot wetland buffer zone resource area, bringing it from 6 feet to 9 feet away. They also moved one section of the house from 8 to 11 feet away and added a stone wall along the edge of the southern terrace to provide a visual and physical barrier along the 50-foot buffer zone resource area. The Commission was not convinced that these changes would be sufficient for long-term maintenance activities, or even short-term construction activities.
Another concern was how stormwater from Old Concord Road would be accommodated with approximately 4' of fill and the house across the site. Arlene Wilson suggested that through grading, surface water would be directed to the north and south of the property. The majority of stormwater runoff would flow to the south of the house down the driveway. The design team had not done specific stormwater calculations. Because Old Concord Road is currently above the site and drains evenly across the site, the Commission wanted to see the calculations to show that stormwater from Old Concord Road could be accommodated. They remained concerned that water would be focused to one drainage point rather than sheet flowing over the entire site. The Commission was also concerned that virtually all the stormwater run off would flow over the driveway, causing
icing problems in the winter and requiring extra salt. The Commission asked if they had any further information on how they were planning to capture and filter roof runoff. Arlene Wilson said the house was not designed yet, but anticipated a standard drainage system of gutters and downspouts. They would be willing to direct all downspouts to drywells or holding tanks on the back side of the house.
Peter von Mertens asked what the pitch of the roof would be. Arlene Wilson said the house was not designed, but the total living space is estimated to be around 6500 square feet. Jim Henderson asked about their plans to construct the footing and excavation. Arlene Wilson said they could do a battered footing to eliminate the need for over digging the foundation. The foundation wall nearest the wetlands would be constructed from the upland side and from north to south. Arlene Wilson suggested that conditions pertaining to the construction and installation of the house could be outlined in the Order of Conditions.
The Commission also questioned the long term viability of the 50-foot wetland buffer zone resource area with the house so close. As the trees and shrubs grow up and around the house, future homeowners will want to clear the area for safety or open views. This would put future Commissions in a difficult permitting situation. Arlene Wilson suggested they would be willing to place a deed restriction on the property. The Commission wasn't convinced that this would serve to protect the wetlands and buffer zone resource area.
Several abutters were present at the hearing. Heather McCuen of 14 Old Concord Road asked how the lot was created. Arlene Wilson explained that this lot was part of a 7 lot subdivision done by Thomas Dooley in 1996. Neighbors reiterated the point that if would not be a taking if the Commission did not allow a building on this site, because he created the lot with full knowledge of the wetland constraints. Francis Clark questioned whether the commission had any guidelines pertaining to the permeability of lawn. Lawn certainly does not have the same ability to store and filter water as undisturbed woodland. The Commission did not have any specific guidelines, but agreed that this was a good consideration. Anna Hardman of 17 Old Concord Road questioned why the proposed structure was so large in comparison to the site and character of the
neighborhood. Architectural changes could be made to accommodate a smaller house, and ultimately less grading, fill, and disturbances to the 100-foot buffer zone resource area. Anne Favalero of 41 Old Concord Road also commented on the typical homes of the neighborhood being significantly smaller than the proposed structure. Tom Gumbart asked the applicant if any calculations had been done to assess the value if the two lots were sold as one large estate property vs. selling two smaller homes on separate lots. Arlene Wilson said they had not looked into that option and Mr. Dooley would like to sell 2 separate lots and homes.
The commission remained concerned with the total disturbance in the 100-foot buffer zone resource area. They were not convinced that the protection goals outlined in Section 7 of the Lincoln Wetlands Bylaw would be accommodated with the proposed plan. The Commission and applicant also need to address the existing Order of Conditions before proceeding.
With verbal permission from the applicant's representative, the Commission voted 7-0 to continue the hearing to September 20, 2006 at 7:45 pm.
A copy of the full transcript recorded by the applicant during the 8/23/06 hearing will be kept at the Lincoln Conservation Department.
DISCUSSION ITEMS
Deena Berton & Stephen Odio. 56 Conant Road (107-8-0). For a teardown and construction of a new single-family house on the existing footprint within the outer 100-foot buffer zone.
The Commission discussed the proposed project in great detail. Several members were opposed to allowing additional construction in the 100-foot buffer zone when there was an option to move the new house completely outside the buffer zone. Other Commissioners brought up the fact that most of the new house would be constructed within the footprint of the existing house, ultimately resulting in less disturbance to the site. Members of the Commission also questioned whether or not it was necessary to do so much grading in the buffer zone. They understood that the proposed meadow areas would eventually re-establish the graded slopes, but wanted to ensure that the areas did not become lawn at a later date. The Commission also wanted to ensure the protection of the highly sensitive vernal pool during and after construction.
The Commission came to the conclusion that requiring a deed restriction limiting future work in the buffer zone would be sufficient to protect the resources of the site, and still allow the current homeowners to proceed with their project. The deed restriction would be drafted and agreed upon prior to the commencement of work on the site.
The Commission voted 7-0 to issue an Order of Conditions with conditions and requiring a deed restriction prior to commencement of work.
Story Drive
New owners have purchased this property and may not be aware of the deed restriction and wetlands. Also, they appear to not speak English. Angela Seaborg will prepare a new homeowner packet for them with copies of the deed restriction and general map.
Purple Loostrife Control
The Commission received a report regarding the status of the beetle release to control purple loostrife at Browning's Field. Though the beetles are still present at the site and leaves have been eaten, there does not appear to be a significant decrease in the loostrife population.
Mall Renovation
The Commission received a copy of the mall renovation proposal to the Planning Board.
Healthy Lawns & Landscapes
DEP would like to arrange a time to give a presentation on healthy lawns and landscapes.
Farrar Pond Treatment
Notice has been given that invasive aquatic plant treatment will proceed under the existing order of conditions.
Street Tree Planting
The tree warden has placed several new street trees around town. Three were located along the conservation field to the north of Rte. 117 near Lee's Bridge. The Conservation Commission would like to make sure they are notified of new tree plantings prior to their installation on conservation land.
Water Chestnut Harvesting
The harvester has been working in Fairhaven Bay for the past three weeks and came out today. It was a very successful event with the continued coordination of Lincoln, Concord and the Great Meadows National Wildlife Refuge.
Hanscom Runway Safety Improvements
Plans for Hanscom's Runway Safety Improvements are available in the Conservation office.
Cambridge Water Dept. Tour
Chip Norton and Pete Varga gave conservation staff and some commissioners a wonderful tour of their water treatment plant and fresh pond restoration efforts. Members of other town boards and comities were invited, but missed out on the great event. Pete Varga would like to present a watershed quality presentation to the Commission and other interested parties sometime this fall. Information will include statistics on stream quality, bacteria levels and other data collected in Lincoln's streams and water resources.
Open Space Committee
Angela Seaborg received 4 letters of interest from the community and all the representatives from desired boards. The first kick-off meeting will be held on Wednesday September 27th at 7:30 pm in the Donaldson Room. Peter Von Mertens and Sara Lewis will represent the Conservation Commission.
ACTION ITEMS
Order of Conditions Issued: Deena Berton & Stephen Odio. 56 Conant Road (107-8-0).
Order of Conditions Issued: Ken Eisner. 188 Tower Road (124-1-0).
Minutes Approved 8/9/06
Bills & Payroll Signed
Respectfully Submitted,
Angela Seaborg
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