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Minutes - February 18, 2009
Lincoln Conservation Commission
MINUTES
Wednesday, February 18, 2009
Lincoln Town Offices

COMMISSIONERS:  Peter von Mertens, Jim Meadors, Joyce Hersh, Sara Lewis & Jim Henderson  STAFF:  Angela Kearney

WETLANDS FILINGS

Notice of Intent – Continued from February 4, 2009. Jonathan Grindlay. 145 Old Concord Road. (58-1&2-0). For restoration activities in the wetland and buffer zone resource areas.

The Commission continued the discussion of the Notice of Intent application for restoration activities within the Buffer Zone Resource Area and Conservation Restricted Area at 145 Old Concord Road. The Commission noted the revised proposal to plant approximately 39 trees (an increase of 18 trees from the January 21st plan) as the primary mitigation for 50-70 trees that were cleared without permission. The Commission expressed concern that the diameter at breast height of the proposed trees at planting decreased from 3” to 1”.  The Commission also expressed concern that small whips (bare root or potted plants) were not incorporated into the revised plan and several shrub plantings were reduced in number. It was not clear whether the anticipated 75% coverage would be achieved from new plantings or simply by monitoring cover by natural regeneration. These items should be discussed in greater detail at the March 18th meeting. While the Commission was generally satisfied with the naturalized placement of trees within the various planting areas and noted the addition of Planting Areas “C” and “B”, they agreed to hold a site visit to examine the feasibility of re-locating 2 of the proposed trees in Planting Area “E” and 3 trees in Planting Area “F”.

The Commission felt that the supplemental narrative dated February 18, 2009 provided sufficient detail pertaining to the anticipated timing for restoration work and methods for plant installation. These things can be conditioned into an Order of Conditions should the project be approved. The Commission did express the need for further discussion regarding non-native invasive plant control in specific areas, and also for long-term management of invasive plants on the property.

The Commission requested like the following additional information:
•       Design details for the proposed boardwalk,
•       Long-term stormwater runoff plan for the house, garage and parking area,
•       Installation of permanent markers at critical view-easement and building envelope points.

The Commission voted 5-0 to continue the hearing to March 18, 2009 at 7:45pm.

Notice of Intent. Continued from November 5, 2008. Carlos Gutierrez. 16 Old Sudbury Road in Lincoln (Map 119-Block 2-Lot 0). For wetland restoration activities within the Buffer Zone Resource Area.  

The Commission continued the public hearing for the Notice of Intent application for restoration activities within the Wetland and Buffer Zone Resource Areas at 16 Old Sudbury Road. Dave Burke filed a Notice of Intent as required on October 23, 2008. The Commission opened the hearing on November 5, 2008 and continued it with an understanding of the applicant’s intention to prepare a landscape master plan, invasive-species management plan, detailed planting plan for the pond perimeter and feasibility options and/or design details for stabilizing the existing cart path.

A restoration plan dated February 9, 2009 was the focus of discussion during the February 18th hearing. The Commission was satisfied with the level of detail this plan provided with respect to the planting plan for the pond perimeter as they understood the intent of the current proposal. An accompanying letter dated February 5, 2009 also provided sufficient information pertaining to invasive-species management in the areas that were cleared without a permit. The Commission noted that the cut stumps of non-native, invasive plants in Area 1 (drainage channel) should remain intact in an effort to stabilize the steep slopes and prevent erosion and sedimentation. Native plants should be encouraged to naturalize the slope and plantings may be required if sufficient shading and habitat are not achieved. The work areas should be monitored and managed for the control of non-native, invasive plants for a minimum of 5 years.

Upon review of the restoration plan, the Commission noted the proposed details for stabilizing the existing, seasonal-use cart path that runs through the Wetland Resource Area. They recognized that the proposed stabilization plan includes a significant amount of work including the excavation/trenching and installation of utility conduits and a waterline, up to 5-feet below path grade. The Commission noted that the proposed work would considerably alter the environmental/habitat character of the existing cart path and may, in fact, result in the establishment of a full-season road directly through the Wetland Resource Area. In addition, it was expressly stated in a letter to the applicant dated September 29, 2008, “the Notice of Intent should be for restoration work only and should not include plans for the house or property”.  However, the Commission expressed a willingness to continuing the dialogue and was willing to include the proposal to upgrade the cart path in this Notice of Intent. The Commission requested the following additional information:
•       Cross sections of each box culvert with site-specific dimensions and layered materials and specifically showing the existing and proposed invert elevations at the bottom of culvert and mean water elevations since the pond was created. Identify proposed substrate, if any, in the bottom of the culverts.
•       Path improvement details including: Installation methods, materials, staging and technical design specifications/capacities, details of  the installation and maintenance of erosion control methods prior to and during the path/road construction; timing, sequencing and the proposed equipment to be used for construction, culvert and livestock crossing guard installation; trenching methods and specifications for utility conduits and water line if required; proposed methods, sequencing and stockpiling areas for excavated topsoil, gravel fill and other materials need for this project.
•       Description and specifications of the path/road describing bearing and use limitations and descriptions of the anticipated future use of the road in terms of seasonal or year-round use, vehicle trips per day, type and weight of vehicles, use of trailers, etc.
•       Description of the road’s anticipated life-time maintenance requirements.

The Commission did not have sufficient tangible information relating to the previously anticipated landscape master plan, which would help to clarify wetland issues relating to the pending renovation work on the house, new septic system, anticipated future barn construction, proposed path improvement along with the wetlands restoration project currently under review. They requested that a property mater plan be filed with the anticipated Notice of Intent for house reconstruction activities. It should be done at the scale of the Existing Conditions Site Plan prepared by Snelling & Hamel dated October 22, 2008. It should provide enough information for the Commission to understand the anticipated future use of the entire property. It should provide details pertaining to the relationship of activities between the existing house and the back of the property. It should provide sufficient details for any future use of the property for farming or agricultural practices including barns or structures, anticipated husbandry or forestry operations or other unidentified use of the property. The property master plan should address any potential impacts to the Wetland and/or Buffer Zone Resource Areas which may arise during construction and over a short-term and long-term timeframe.

The Commission reminded the applicant that the primary consideration of this Notice of Intent is for restoration work in response to an Enforcement Order issued on August 6, 2008.

The Commission voted 5-0 to continue the hearing to March 18, 2009 at 8:30pm.

DISCUSSION ITEMS

Rando Subdivision - The Commission reviewed the Jerodel Realty Trust Subdivision plan for 63-65 Winter Street.  Provided that there is no change in current conditions (driveway, house location, grading etc.) with this proposed plan the Commission has no objection to the new subdivision layout, it simply creates a separate lot where one already exists. The Commission did point out however, that although a wetlands line is shown on the plan it does not necessarily reflect the current site conditions.  There was a previous wetlands filing with the Commission for determining the extent of the wetlands on the property but that filing was pulled from consideration by the owners prior to any decisions being made.  Based on our opinion, and that of an independent wetlands scientist, the wetlands are more extensive than shown on the current plan. Any future work on this property will require a new wetlands delineation and may require permitting with the Conservation Commission.

ADA Accessibility – Joyce Hersh expressed concern regarding accessibility of the Conservation Commission’s meetings with respect to ADA Guidelines. The Commission agreed to discuss the issue at a future meeting when all Commissioners were present.

ACTION ITEMS

Minutes approved 2/4/09
Bills Paid & Payroll Signed

Respectfully Submitted,
Angela Kearney





 
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