The Town of Lincoln, MA - Minutes

Stacy Carpenter, president of Caspian Associates represented Mr. and Mrs. Konstandakis with their Notice of Intent to restore the wetland resource area. Ms. Carpenter did not prepare the original Notice of Intent and requested that the Commission work with them to review the current proposal and to identify additional information required to effectively restore the wetland resource area. Peter von Mertens requested that the Commission take the proposed pool and pool house off the table in order to focus on finishing all existing work on the site. The Commission agreed that the proposed pool and pool house should come in as a separate Notice of Intent after all restoration work has been completed and Certificates of Compliance have been issued.

The Commission reviewed the proposal to restore approximately 4,500 square feet of Bordering Vegetated Wetland and associated grading within the Buffer Zone Resource Area. Fill was placed in the area without a permit and the applicant was subsequently issued an Enforcement Order on November 21, 2007. The Commission requested a larger-scale plan of the restoration area with specific plant locations and densities. They requested a detailed installation schedule with all fill removed and plants to be installed by mid-October 2008. The Commission requested a written description of the proposed methods for work and required that silt fencing be located along the existing resource area boundary, immediately down slope of the fill to be removed. The Commission will require a monitoring period of three years after installation with an 80% survival rate at the end of the third growing season.

Mary Trudeau represented the applicant requesting an Amended Order of Conditions to relocate a new, porous driveway closer to the wetland resource area. The new driveway would add approximately 3825 square feet of additional disturbance within the Riverfront Area and approximately 1680 feet of additional disturbance within the 50-100 foot Buffer Zone Resource Area. The applicant explored several alternatives but decided on this location in order to protect several large specimen trees. The area where the driveway is proposed is currently cleared lawn. As mitigation, the applicant proposed to construct the entire driveway and parking area with porous paving as depicted on the revised site plan and to incorporate a stormwater swale and infiltration chamber along the new driveway. In addition, the applicant also proposed to remove non-native, invasive vegetation from approximately 2.34 acres of land, some of which is owned by the Town of Lincoln.

Michael Lennon with Aquatic Control Technology, Inc. represented the Valley Pond Corporation with a plan to manage the 1-acre, man-made pond in order to maintain suitable water clarity for swimmer safety. The pond has been actively managed since 1995 with buffered alum (aluminum sulfate and soda ash) and copper-based algaecides, when necessary. In previous years the pond was treated between three and five times between May and August. Based on an assessment of the pond in July 2008, it appears that the pond will only require one to two treatments because of a new deep well that is providing water with considerably less phosphate than the previous shallow well. The unusually consistent rains throughout the spring and summer may also have contributed to the clearer water.

The Commission reviewed the project and understands the Corporation’s need to maintain water clarity to allow for swimming. They requested that the applicant provide water-quality data to help provide a comprehensive understanding of the water quality issues pre- and post-chemical application.

Tom Gumbart, Conservation Director, provided an overview of the history of unauthorized vegetation clearing within the wetland and buffer zone resource areas and within conservation restricted areas held by the Lincoln Land Conservation Trust. The Grindlays attended the public meeting as did Buzz Constable from the Lincoln Land Conservation Trust.

The clearing activity was first reported on July 22, 2008 by Nadie Rice who has worked very closely with the Booths and Grindlays as a Rural Land Foundation representative. She and Geoff McGean, RLF Director, made a site visit that same day. On the morning of July 23, 2008 Geoff McGean, Peter von Mertens, Conservation Commission co-chair, and Tom Gumbart visited the site to view the work and verified the extensive scope of the clearing. Also on July 23rd Anna Wilkins and Patrick Wilkins flagged violations on the Grindlay’s property. The Conservation Commission issued an Enforcement Order to the Grindlays on July 24, 2008 to cease and desist from all activity within wetland and buffer zone resource areas, accompanied by a cover letter.

There was a meeting in the Conservation Office to discuss how to proceed with the matter on July 25, 2008 that was attended by Buzz Constable, Geoff McGean, Peter von Mertens, Jim Meadors, and Anna Wilkins. A site visit with the Grindlays was held on the morning of July 26, 2008 and was attended by Buzz Constable from the Lincoln Land Conservation Trust, and Peter von Mertens and Jim Meadors from the Conservation Commission. On July 27, 2008 Peter von Mertens flagged additional violations that were not previously marked.

On July 29, 2008 the Grindlays met with Buzz Constable, Jim Fleming, Geoff McGean, Peter von Mertens, Jim Meadors, and Tom Gumbart at the Conservation Office to further discuss the situation. At this meeting the Grindlays submitted a draft restoration plan. Tom Gumbart sent a follow-up letter to the Grindlays on the same day documenting this meeting and notifying them of an additional site visit planned for July 31st and the plan for further discussion at the Commission’s August 6th meeting. The letter also stated that regardless of the direction the Commission proceeds, it was necessary for the Grindlays to line up professionals at their earliest convenience to create a base plan of the property with the following attributes:

• Full wetland and upland resource area delineation – include bordering vegetated wetland (to streams, Sudbury River, and man-made ponds), floodplain, 50-foot buffer zone, 100-foot buffer zone, and 200-foot riverfront. Points to be located on base map by field survey

The Conservation Department will provide the survey/engineering team with a layer of GPS points marking violations and the Commission and the Land Trust may decide that additional information should be added to the base plan, such as topography and existing trees over a specific size.

Also on July 29, 2008 Meggie Stoltzman and Patrick Wilkins took photos and GPS points of the marked violations. The July 31, 2008 site visit was attended by Jim Meadors, Peter von Mertens, Joyce Hersh, Ben Horne, Tom Gumbart and Angela Seaborg from the Lincoln Conservation Commission. For more information please refer to letters dated July 24, 2008 and July 29, 2008.

At the Conservation Commission’s public meeting on August 6, 2008 the Commission formally reviewed the unauthorized vegetation clearing work. They reviewed the draft proposal for restoration work by the Grindlays and noted feedback from Buzz Constable regarding the conservation restriction violation. The Commission discussed the best method for removing brush and limbs from the wetlands and other resource areas on the property. They allowed the Grindlays to remove the material from only the wetland resource areas by hand and to store the material on an upland grassy area until the ground is sufficiently dry and firm enough to allow it to be removed or chipped. The Commission allowed Jonathan Bransfield to remove and chip the trees and limbs that were cut as part of the authorized clearing as view easement maintenance with 24-hour notice prior to the Conservation Department prior to initiating the work. The ConCom and the LLCT needed more discussion regarding the best way to handle the logs and brush from the unauthorized cutting and decided that the biomass should be left in place for now.

The Commission agreed that the Grindlays need to file a full Notice of Intent including a detailed restoration plan with species, number and density of plantings. The restoration plan must include a mix of native trees, shrubs, and groundcovers that are typically found in the woodlands of Lincoln. The Notice of Intent should also include a detailed management and monitoring plan that extends for a period of 5 years after the work has been completed. The management plan should include performance standards for controlling non-native, invasive plants. In addition, the Lincoln Land Conservation Trust will work with the Grindlays to make a separate long-term agreement regarding restoration and monitoring of the conservation restricted land. The Commission required that the Notice of Intent be submitted no later than October 23rd for the November 5th hearing. Several Commission members had not been out to the site and would try to do so in the coming weeks. Tom Gumbart will document this meeting with a letter to be sent on August 7, 2008.

Lee Lyman from Lycott Environmental represented the Todd Pond homeowners association with a request to treat Todd Pond for aquatic invasive plants. The request was made under an existing Order of Conditions (DEP #203-745) that was issued in 2002 and extended in November 2005. The pond was not treated in 2007 and currently has a large area of the pond with 70-80% invasive vegetative cover. The goal is to maintain a 20-30% cover. The Commission remained concerned about the use of chemicals in a water body that feeds the public drinking water supply. They are aware of the extensive testing that Alan Eschenroeder did, but may require new or additional testing should the association decide to file a new Notice of Intent for the 2009 season. The Commission also wanted to understand what criteria Lycott Environmental uses to determine percent vegetative cover. They would like to have a coherent document of criteria for coverage in order to make future determinations. For this treatment the Commission requested that Lycott Environmental lower the pond’s water level during treatment and for a period of 24 hours after treatment so that no flow goes over the spillway. Commission members will have a site visit to the pond on August 7th and Tom Gumbart will issue a decision by the 8th.

Dave Katsuki was previously the representative to the SuAsCo River Stewardship Council. Now that he is off the Commission a new representative is needed. Jim Meadors was interested in being the representative and Jim Henderson expressed interest in being the back-up representative.

Capital Budget planning is currently under way and the Commission needs to think about whether or not they want to request funding for new capital items. The only item that came up was an attached structure to the back of the Muster Barn for storing the new tractor equipment. The Commission felt there was probably not a strong enough plan and proposal to receive the funding at this time. They would however, like to support the Highway Department with their request for an extended shelter at the barn. In that event they may be able to better coordinate equipment use and storage with the Highway Department.

The Commission received and reviewed a letter submitted by Neil Feinberg expressing his concerns regarding the installation of a new propane tank at the Route 126 gas station. The Zoning Board of Appeals is currently reviewing their application and will update the Commission with their decision once they have one.

The State has reinstated a $25,000 grant for aquatic invasive species control in the Sudbury River watershed. Tom Gumbart went to a follow-up meeting for the Nyanza Superfund grants and would like to explore options for leveraging the $25,000 from the State with a Nyanza Superfund grant to build a more comprehensive regional aquatic invasive species management program. This would include many more communities in the watershed and could provide funding for a centralized location to store a water-chestnut harvester and other equipment as well as permanent and/or seasonal staff to manage aquatic invasive species in the Sudbury River watershed.

American Eagle went out of business. Thus the new, privatized housing will be completed by a different company, Pinnacle AMC Development. They will be looking to focus their efforts on rehabilitating the existing housing stock rather than building completely new structures and will likely be before the Commission with a new wetlands filing.

Conservation staff received a phone call from a neighbor reporting that significant tree clearing was taking place at 16 Old Sudbury Road. Tom Gumbart and Angela Seaborg met with the neighbor and agreed that the work was a significant violation of the MA Wetlands Protection Act and the Lincoln Wetlands Protection Bylaw. They went to the property and told the landscapers to stop work immediately. Several large trees were cut in the wetland and buffer zone resource areas, the landscaping truck was stuck in the wetland and piles of fill were placed in the wetland resource area. They got the homeowners phone number and called Carlos Gutierrez immediately upon returning to the office. Mr. Gutierrez met with Jim Meadors, Jim Henderson, Tom Gumbart and Angela Seaborg on site in the afternoon of August 6, 2008. At the site visit Tom Gumbart issued an Enforcement Order requiring them to cease and desist from all activity within wetland and buffer zone resource areas. The Commission documented the violation and explained the extent of the violation with Mr. Gutierrez. Mr. Gutierrez agreed to stop all work and will work with his consultants and the Commission to prepare a suitable restoration plan. Angela Seaborg will prepare a follow-up letter.