Lincoln Conservation Commission
DRAFT MINUTES
Wednesday, February 4, 2009
Lincoln Town Offices
COMMISSIONERS: Peter von Mertens, Ari Kurtz, Jim Meadors, Ben Horne, Joyce Hersh, Sara Lewis & Jim Henderson STAFF: Angela Kearney
WETLANDS FILINGS
Notice of Intent – Continued from January 21, 2009. Jonathan Grindlay. 145 Old Concord Road. (58-1&2-0). For restoration activities in the wetland and buffer zone resource areas.
Dave Burke was unable to attend the meeting and because of this, the applicant was also not present at the meeting. The Commission, along with Buzz Constable representing the Lincoln Land Conservation Trust, reviewed the Draft Conservation Remediation Base Plan dated January 21, 2009. All parties agreed that the remediation plantings should, over time, achieve the same landscape character and forest cover as was originally present before the clearing took place. They noted that one of the fundamental goals of the conservation restriction was to preserve the existing views and landscape character from and around Fairhaven Bay. To this extent, the remediation plantings should be planted in a random fashion and they should be distributed evenly throughout the designated compensatory planting areas. The plan needs to be revised to reflect the new
tree layout and should specify the approximate location of each tree, species and size of tree at planting. Shrub areas can be generally identified, but must specify the species composition, size and density at planting. Exact location of all tree plantings shall be approved in the field by Conservation Staff prior to installation. The Commission still anticipates receiving a detailed implementation and management plan including:
• Anticipated timing for restoration work.
• Methods for plant installation.
• Guarantee that trees will survive for a minimum of 5 years beyond planting or that they will be replaced.
The plan should depict the end points of each view easement. All parties agreed that it would be beneficial to have the corners of each view easement and the building envelope marked in the field for future monitoring and verification. This could be done with granite posts or by simply driving metal rods inside of plastic sleeves into the ground. The plan should also identify all management activities on the property including, lawn, garden, paths, etc.
The Commission and Buzz Constable discussed each section of the draft Conservation Remediation Base Plan dated January 21, 2009. Following are several points of discussion:
• The Commission noted that 50-70 trees were cut without permission. While they did not expressly feel the need for every tree to be replaced in kind, they did feel that more trees need to be planted (within some general vicinity of the original trees that were cleared) in an effort to get the area back to its pre-existing character. All proposed plantings need some form of beaver protection.
• Additional planting of 4 Rhododendron maximum at 5 gallons and 5 White pine at 1”DBH between the southern edge of the southwest view easement and the cart path.
• Additional 2 deciduous and 2 evergreen trees planted at 3”DBH in an expanded compensatory planting area E (see Draft Remediation Base Plan dated January 21, 2009).
• Additional 10 deciduous and 10 evergreen whips 4-6’tall planted in the expanded compensatory planting area E for future canopy coverage.
• Cut and dab method only to be used for the management of invasives in causeway invasive management area D. Grubbing does not appear to be suitable in that area. Approximate locations of proposed winterberry, northern arrow-wood, and silky dogwood shall be identified on the plan and long-term maintenance of invasives shall continue for a period of 5 years under the guidance of a licensed herbicide applicator. Additional invasive clearing work may be allowed or required with prior written approval from the Conservation Commission and by a licensed applicator along the berm and under mature trees which have been opened to disturbance & light. No herbicide treatment of previously cut stumps is allowed, however cutting of stump sprouts may be allowed with prior written approval of the
Conservation Commission.
• Additional 4 deciduous trees planted at 2”DBH in compensatory planting area F. In addition, the area between compensatory planting area F and the causeway should be planted with shrubs and allowed to naturalize. Shrubs including elderberry, winterberry, alder, highbush blueberry and silky dogwood should be added to area F in addition to the proposed clethra for increased species diversity & habitat survivability.
• Additional compensatory planting area along the northern wetland boundary to include the planting of 5 deciduous trees including red maple, tupelo and swamp white oak installed at 2”DBH.
• Compensatory planting area B was not considered as a remediation measure. The Commission will allow the proposed planting of fruit trees if desired by the applicant.
• Compensatory planting area A should depict the redistribution of trees in a random and evenly spaced pattern throughout the identified area.
• The Commission was undecided about remediation strategies for the large white pine trees that were cut on the steep slope on the north side of the house.
• Removal and disposal of the existing tennis court and gravel base and installation of native soil and native grass seed in an effort to restore the pre-existing, landscape character of the area.
• Allowance of the boardwalk with prior submittal and approval of details.
• No cutting of the Duck Pond View Easement for a period of 2 years or until other remediation is complete.
The Commission became aware of current and future work being done on the house and within the Building Envelope. They discussed measures that they would like to see implemented in order to prevent disturbance of the steep slopes and habitat beyond the Building Envelope including:
• Orange NOVA construction fencing (or equivalent) and a sedimentation control barrier installed along the Building Envelope boundary prior to any additional work within the Building Envelope.
• Installation of a small soil berm and plantings and/or stones installed along the top of the slope along the north and west building envelope boundaries to protect from potential erosion, runoff and/or sedimentation in the Buffer Zone Resource Areas.
• A long-term stormwater runoff plan for the house, garage, and parking area.
In addition to the Order of Conditions issued by the Commission, there will be a separate Remediation Agreement between the owner and the LLCT, which will incorporate the Order of Conditions by reference and may include additional, enforceable conditions. The Commission intends not to impose a fine if the appropriate remediation plan is agreed upon, but will expressly reserve the right to fine if the approved schedule is not met. The Commission did endorse the idea of a stipulated penalty for material future violations of the wetland and buffer zone resource areas and/or conservation restricted areas.
The Commission voted 7-0 to continue the hearing to February 18, 2009 at 7:45pm.
ACTION ITEMS
Certificate of Compliance Issued to Margaret & Fracesco Siega. 188 Lincoln Rd. (103-1-1)
Minutes approved 1/21/09
Bills Paid & Payroll Signed
Respectfully Submitted,
Angela Kearney
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