The Town of Lincoln, MA - Minutes

Meet Candidates for Open Space Committee: Gary Davis, Joan Mansfield, Kim Buell and Peg Marsh met briefly with the Conservation Commission to introduce themselves and ask questions about the Open Space Committee. The Commission was pleased with the representatives' letters of interest and looks forward to having each person serve on the Committee. The Commission offered a brief overview of their intention for an updated Open Space and Recreation Plan that provides a guiding framework for maintaining and enhancing the ‘green infrastructure’ of the Community. They hope the Committee will also identify pressures and opportunities that may influence the character of Lincoln’s open space. Representatives each expressed their interest in the process and asked some questions regarding the process as we move ahead with this work.

Notice of Intent Continued from August 23, 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.

Peter Von Mertens, Conservation Commission co-Chair, opened the continuation of the hearing from August 23, 2006 for the construction of a new, single-family house within the 50-100 foot buffer zone resource area at 31 Old Concord Road. He asked Arlene Wilson to present the proposed changes submitted to the Commission on September 18, 2006.

Arlene Wilson presented the revised rendition of the proposed single-family house and site improvements in an attempt to address concerns expressed by the Commission during their August 23rd hearing. In response to the Commission's concern regarding drainage as it relates to protection of groundwater, flood control, erosion and sedimentation control and avoidance of water pollution, the applicant reduced the house size from 5 bedrooms to 4, thus allowing them to install a slightly smaller septic system and move the house closer to the northern property line. According to the applicant's calculations, the total impervious area in the outer 50-foot buffer zone resource area was reduced from 5,200 square feet to 3,617 square feet (20% of the outer 50-foot buffer zone resource area). The total altered area proposed is approximately 6,748 square feet (40% of the outer 50-foot buffer zone resource area).

The applicant proposed to replace a terrace off the back of the house with a 1st floor deck, thus leaving 12 feet (including the land under the deck) between the house and the 50-foot buffer zone resource area. The edge of the house remains approximately 10 feet from the 50-foot buffer zone resource area at its closest point. The design team modified the proposed grading in front of the house, adjacent to Old Concord Road, from elevated to depressed, thus allowing for stormwater holding and filtration in front of the house. The applicant also relocated the garage and driveway to the northern end of the house to allow for a vegetated slope and drainage path around the southern end of the house.

John Crawford presented an overview of meetings that have taken place over the past several years. He reiterated the point that the property owner in fact, owned and subdivided a much larger parcel of land and knew that this part of the land was wetland when he secured the ANR subdivision plan. Mr. Crawford quoted from Lincoln's Wetlands Protection Bylaw regulations, “A growing body of evidence suggests that even no disturbance areas reaching 100 feet from wetland resource areas are insufficient to protect many important wetland resource characteristics and values. Thus, in general, the Commission discourages any work and activity within 100 feet of wetland resource areas . . . and encourages applicants to pursue reasonable alternatives outside of the Buffer Zone Resource Area whenever possible.” He then stated that this developer had ample opportunity to develop, and has done so very nicely in the places where it's appropriate.

Peter Von Mertens, Commission Chair, directed the conversation to the existing and open Order of Conditions on both this and the abutting property. Diane Tillotson acknowledged that there are two conditions that may be in conflict with an Order of Conditions for this project, should it be issued. However, she believes that it is permissible for the Commission to issue two Orders on the same portion of a property and that it was not necessary to treat this application as an Amended Order of Conditions. Ms. Tillotson and the Commission will continue to follow up with Tom Harrington, the Commission’s legal counsel, regarding the potential for two Orders of Conditions on the same area of a property.

Jim Meadors, Commission co-Chair, asked Diane Tillotson if Mr. Dooley had considered the possibility of developing two lots as one. He asked if they had done any market analysis to assess the difference in values. Diane Tillotson said that they had not done any market analysis, but always intended to develop each lot separately.

Susan Mygatt, an abutter, clarified that all previously submitted letters and comments still remain on the table and many of the same neighbors remained present at the hearing to express continued concern over the proposal. Anne Booth questioned how the 50-foot buffer zone resource area would be preserved and enforced in perpetuity. Arlene Wilson expressed their willingness to place a deed restriction on the property to protect the inner buffer zone resource area and to provide a permanent visual and physical barrier along the boundary.

Tom Gumbart questioned the applicant's intent for building the house. Is Mr. Dooley planning on building the house himself or selling the lot to another developer? Diane Tillotson clarified that Mr. Dooley himself is not a builder so either way, it will be built by another person. The applicant assumes that an Order of Conditions would serve to restrict future development to the proposed building envelope, but theoretically, a new homeowner could come in with a more specific and varied proposal for the house.

With verbal permission from the applicant's representative, the Commission voted 7-0 to close the hearing to further comment from the applicant and abutters. The hearing will be continued for deliberation amongst the Commission on October 4, 2006 at 7:45 pm.

Tom Gumbart briefly discussed the collaboration between LLCT and the Conservation Department regarding the baseline and monitoring work of conservation properties in Town. This year there was one intern who worked out of the Conservation Department office. Anna Wilkins, Land Steward, has worked hard on this for both the Conservation Commission and the Land Trust. She will come attend an upcoming meeting to provide a more in-depth report of this valuable work.

The State of the Town meeting will be held on November 4th after the Special Town Meeting. This will be an opportunity to discuss issues of interest to residents. Tom Gumbart will write the report for the ConCom and send it around for comments. This is a synopsis of the major issues we are facing and how we have done in regards to the issues raised last year.

Beavers have continued to show signs of activity in Beaver Dam Brook between the railroad tracks at the back of the Food Project and Concord Road (Rte. 126). Massachusetts Bay Commuter Rail is concerned with possibilities for erosion and/or potential derailment because water is saturating the railroad bed. They would like an emergency certification from the ConCom for drawing down the water from the beaver dam. They have requested permission from the Board of Health to trap the beavers to ensure the dam is not rebuilt. Ultimately MBCR hopes to install exclosure fences around one or more culverts in the system. Work is being done by Ruth Callahan of Integrated Wildlife Solutions. A site visit is scheduled for Monday, September 25th to observe the current situation.

Marcus Gleysteen is interested in restoring an area of land adjacent to a stream back to its field conditions. He would like to arrange a site visit with the Commission to look at the property and discuss the project. Commissioners will e-mail Tom and Angela their preferred times for site visits.

The timeline for submitting applications to the Community Preservation Committee is running short. The Commission is interested in replenishing the Conservation Fund and keeping it at $100,000 to allow the Commission to quickly act on a project. The amount is not large but it can help leverage other monies or be used for work such as appraisals or surveys. The ConCom may also want to request funding for an upcoming land preservation project.

The first coffee of the fall season was held at the DeCordova Museum on Thursday, September 14th. There was a high attendance rate from both DeCordova staff and community members. The Staff discussed various improvement projects that have benefited the surrounding wetlands, watershed land and the general grounds. They also discussed new classes and workshops, many of which are free to Lincoln residents. Residents were pleased with the progress DeCordova has made over the years. They enjoyed a tour of the roadway relocation and wetland replication project. They also viewed the sculptures adjacent to the Flint's Pond watershed land and were impressed with the land restoration of the previously disturbed slope.