The Town of Lincoln, MA - Minutes

Bill Warren of Warren Design Associates represented the client with a plan to tear down and rebuild a single-family home on a non-conforming lot. The proposed house will be built substantially on the existing building footprint with the closest point being 50 feet (what it is currently) from the Wetland Resource Area. The Zoning Board of Appeals approved the work with a variance that the house could remain at, but no closer than, 41 feet from the lot line. The portion of the existing house footprint inside the Buffer Zone Resource Area is 1060 sq. ft. and will be increased by 291 sq.ft. for a total area of approximately 1300 sq. ft. An existing deck will be increased by 310 sq.ft to total approximately 680 sq. ft. of semi-pervious area. A new driveway and relocated garage will result in a decrease of roughly 438 sq. ft. of asphalt in the Buffer Zone Resource Area.

The property slopes steeply toward the wetland at the southern edge of the existing house, thus the Commission strongly supported keeping the new house within the existing footprint. They also noted the improvements that come from removing a significant area of asphalt from within the Buffer Zone Resource Area and locating the septic system completely outside the Buffer Zone Resource Area.

The applicant seeks to construct an addition and deck within the outer 50-foot Buffer Zone Resource Area. The closest point of permanent disturbance will be 67' away from the Wetland Resource Area and all work will take place on existing lawn and landscaped areas. Approximately 2' of fill and boulders will be placed under the south corner of the existing deck to level the grade. Gravel with a depth of 4-6" will be placed under the proposed deck to aid in stormwater infiltration. Silt fencing will be located on existing lawn, completely outside the 50-foot Buffer Zone Resource Area. The proposed work is also subject to approvals from the Historic District Commission and Zoning Board of Appeals.

Chuck Budnick of CABCO Consulting and Tony Bernstein, Landscape Architect, along with Christopher Stamos and his wife, presented a plan to construct a new barn and lean-to totaling approximately 800 square feet. The structure would be located on a small, level area with steep slopes descending to the wetland on all sides and completely within the 50-foot Buffer Zone Resource Area. The closest point of the structure would be located approximately 11 feet from the Wetland Resource Area. Aerial photographs and historic plans show there was once a structure approximately 200 square feet in size located within the same area of the proposed structure, but was torn down some time in the 1990’s.

The applicant also proposes an 80-foot-long retaining wall with the closest point being 10 feet from the Wetland Resource Area. The purpose of the wall is to stabilize the existing slope and retain soil and lawn for access to the rear of the house. Additionally, new steps and landings totaling 200 square feet would improve access from the driveway to the back of the house. Several large trees would require removal and approximately 1400 square feet of soil would be graded with areas of fill ranging from one to four feet. Proposed changes to this area would result in both topographic and hydrologic changes including a cross-slope to the wetlands as opposed to a down slope and increased concentration of stormwater toward the east end of the proposed retaining wall.

The Commission noted the proposed work. They expressed concern with the overall extent of work proposed within the 50-foot Buffer Zone Resource Area and specifically with the extent to which the project is constrained by steep slopes. Jim Meadors informed the applicant that through its Bylaw and Regulations, the Commission assumes that any construction within the 50-foot Buffer Zone Resource Area will have an adverse impact on the wetland, and thus generally discourages all work within this area. The Commission noted however, that it was hard to visualize the project without a site visit and asked the applicant if they would be willing to continue the hearing in order to see the property.

Drumlin Farm Staff and a representative from Horsley Witten Group presented a plan to install low-impact development stormwater management structures at the Drumlin Farm Wildlife Sanctuary in an effort to treat runoff from the poultry and livestock areas. Runoff currently drains via overland flow to a man-made farm pond adjacent to Route 117. The proposed stormwater management measures include 2 bioretention areas, a water-quality swale and a vegetated filter strip; all of which will improve water quality and wildlife habitat in the pond and increase opportunities for pond education.

In addition to the stormwater management structures, the applicant proposed to remove invasive plants from approximately 5,200 square feet of wetland and buffer zone area around the eastern perimeter of the pond. This area will be replaced with native plants. The applicant also proposed to excavate organic matter from the bottom of the pond to create a vegetative shelf with native plantings and habitat features and build a boardwalk and float in the wetland in order to direct visitors to one area of the pond and educate students and visitors about the process of stormwater treatment.

The Commission was impressed with the amount of detail and thought that was put into the project and is in support of all aspects of the work, from both an ecological and educational standpoint. The Commission hopes this project can become a model of low-impact stormwater management techniques and hopes the educational component of the project will begin at the barn and extend through the entire system down to the pond. The Commission would also like to receive monitoring reports pertaining to the procedures and successes of the invasive species removal project over time.

Ken Eisner submitted a Request for a Certificate of Compliance with a draft deed restriction and plan as required by the Order of Conditions. The Commission felt the plan was insufficient and will require a revised, full-size plot plan with wetland boundaries and the entire boundary of the restricted area shown. The plan also requires a stamp by a Professional Land Surveyor and must meet the requirements of the Registry of Deeds. Tom Gumbart will forward copies of the draft restriction language to the Commission for review and will work with Ken Eisner to get a sufficient plan. Before the Commission can issue a Certificate of Compliance the deed restriction must be signed by the Board of Selectmen and recorded at the Registry of Deeds.

DEP is proposing changes that will eliminate the provision that a group of 10 or more concerned citizens can appeal a project. The Commission feels that this is important for adequate protection of wetlands and asked Tom Gumbart to prepare a letter to DEP.

Jefferson Eaton, representative for the First Parish Facilities Committee, submitted a letter to the Conservation Commission expressing the desire to perform invasives-clearing work along the common boundary with the Flint-owned, Chapin Field. The Conservation Commission holds a conservation restriction on the field, but any work must be approved by the Flints, who own the land, before the Commission can consider whether or not the work is consistent with the CR on the parcel.

The Minute Man National Historical Park received funds to complete the restoration of the eastern side of the Sunnyside Stream. This portion of the work focused more on blocking unnecessary culverts rather than creating a meandering channel as the western portion of the project did. However, the western portion looks great with clean, flowing water. The only portion of the project which has yet to be completed is the culvert under Sunnyside Road. This may be done next year if the Park can get additional funding and if the Water Department and Highway Department are on board.

The Conservation Commission will be partnering with the Land Trust and Garden Club to host an Invasive Species Summit with lectures, demonstrations and information on September 29th.

Tom Gumbart received calls of potential work within the Buffer Zone Resource Area without a permit. He met with the homeowners to review the work and noted that they were in fact clearing trees and vegetation within the Buffer Zone Resource Area without a permit. They had a valid Septic Permit from the Board of Health but were going beyond the scope of the allowed project. Tom Gumbart requested that they purchase a conservation seed mix and spread that throughout the disturbed area to stabilize the soil. Tom Gumbart will arrange a site visit with the Commission to determine additional actions required by the homeowner.

A Lincoln Resident requested that Lincoln collaborate with Concord to connect a spur of the proposed Bruce Freeman Bike Path from Nine Acre Corner to the Canoe Landing Parking Lot and Mount Misery. The Commission is in support of exploring the options further.

The harvester was loaded into Fairhaven Bay off of the Sudbury Road Bridge on Monday, August 6th. Lincoln will be working the harvester the week of August 13th. The low water levels may lead to challenges in reaching much of the water chestnut along the Lincoln borders.

Homeowner submitted preliminary plans for Commission to determine what permitting is necessary. The proposal only shows a small area of a retaining wall to be located within the 100-foot Buffer Zone Resource Area, but shows an extensive amount of planting for which the Commission will require the submittal of a full Notice of Intent.

Angela Seaborg submitted the final draft of the Open Space Plan to the State for Review on Wednesday, July 25th. The final draft included letters of review from the Conservation Commission, Board of Selectmen, Planning Board, Recreation Committee and local and regional Conservation Organizations. The Conservation Commission expressed their thanks to Angela Seaborg for her hard work and commitment and looks forward to receiving the final plan.

The Commission voted 7-0 to approve the use of the Wetlands Protection Fund for FY2008 Payroll. Payroll expenses for FY2009 will be fully funded within the annual Operating Budget.