Lincoln Conservation Commission
Wednesday, April 1, 2009
Lincoln Town Offices
COMMISSIONERS: Peter von Mertens, Joyce Hersh, Ari Kurtz, Ben Horne, Sara Lewis & Jim Henderson STAFF: Tom Gumbart, Angela Kearney
WETLANDS FILINGS
Request for Determination of Applicability. MA Audubon Society at Drumlin Farm. 208 South Great Road. For installation of a Bird Feeding Area in the Buffer Zone Resource Area.
Christie Foote-Smith, Hasso Ewing and other Mass Audubon representatives proposed a project to install three bird feeding stations west of the walkway bordering the Drumlin Farm Parking Lot with the closest point of disturbance being approximately 100 feet from the Wetland Resource Area. A split-rail fence, approximtely 90 feet long, will be installed between the existing walkway and the feeding stations. The project also includes the removal of non-native, invasive plants and planting of native alternatives within the 100-foot Buffer Zone Resource Area. Invasives will be removed by mechanical means (cutting, digging, weed-wrenching, hand pulling) and targeted use of Rodeo directly on the cut stumps will be used to control regrowth. All herbide use will be done by a licensed herbicide applicator.
The Commission was unanimous in voting to issue a negative Determination of Applicability.
Notice of Intent. Town of Lincoln Public Works Department. For culvert repair and replacement work associated with the Road Reconstruction Project within the Wetland and Buffer Zone Resource Area in Lincoln.
Chris Bibbo, DPW Director and John Vancore from CEI presented a Notice of Intent for the replacement and/or repair of five culverts on Trapelo Road, Baker Bridge Road and Concord Road. The headwall associated with the culvert on Trapelo Road (near the intersection of Minebrook Road) will be rebuilt within the existing footprint and will be one of the first projects to be done. A 15” corrugated metal culvert will be replaced as a preventative maintenance measure at Trapelo Rd. and Stratford Way and will be within the limits of existing pavement. Also, the culvert on Baker Bridge Road will be a direct replacement within the limits of the existing pavement. Two culverts along Concord will be replaced. The culvert near the gas station will require approximately 40 square feet of wetland alteration to allow for an extended pipe to eliminate
the need for a guard rail and to reduce sediment loads into the Wetland Resource Area. The culvert at the Beaver Dam Book crossing will be a direct replacement, but the area will also incorporate 40 square feet of wetlands replication to mitigate for the impact at the gas station culvert. The replication work will include the removal of soil (mostly accumulated sediments from road runoff) to establish wetland hydrology and planting of native wetland plants.
The design team met with Cambridge Water Department Staff to discuss revisions to the drainage and catch basin work associated with the Reservoir and they will communicate in the field during construction. The Commission requested that the contractors notify and coordinate with Conservation Staff 24 hours prior to commencement of the wetland replication work. The Commission also noted the proposal to install appropriate sedimentation controls and filter fabric on catch basins during construction.
The Commission voted 6-0 to close the hearing and issue an Order of Conditions.
Notice of Intent. Continued from March 18, 2009. Carlos Gutierrez. 16 Old Sudbury Road (119-2-0). For wetland restoration activities within the Buffer Zone Resource Area.
The Commission deliberated the proposed project and revised plans submitted by Columbia Design Group on March 30, 2009. Dave Burke, wetlands resource specialist; Peter Gammie, engineer; Roy Cramer, attorney and Mrs. Gutierrez were at the hearing. The Commission reviewed the proposed restoration activities which were in response to an Enforcement Order issued by the Commission on August 6, 2008. The Commission noted the proposal to plant 19 trees ranging from 5 gallons to 3" DBH in approximately the same areas where the original trees were cleared and to install several areas of native, wetland shrubs and perennials around the perimeter of the pond. They also reviewed an invasive species monitoring and management plan as outlined in a letter by Dave Burke on February 5, 2009. The Commission felt that, over time, the proposed restoration
and invasive-species management and monitoring activities will sufficiently restore the landscape character, wildlife habitat and resource area values that existed prior to the un-permitted vegetation clearing and wetlands fill. The Commission wanted to ensure that the proposed restoration activities were substantially completed in 2009 and that activities were documented at the end of the first growing season and then at 2-year increments with status reports and photos submitted to the Commission for review.
The Commission reviewed the proposal to replace two existing culverts under the existing cart path. They considered the proposal to replace an existing metal pipe culvert with a box culvert of the same length but with increased flow capacity to be an improvement for the stream channel. The Commission expressed some concerns regarding the replacement of an existing metal pipe with a 10" reinforced concrete pipe including: the stability of materials under the culvert, the suitability of the pipe for supporting heavy vehicle loads and installation such that the new pipe maintains the same invert elevations and hydrologic conditions of the site. Conservation Staff will work the contractors on site to ensure that the culverts are installed at the same invert elevations, that side slopes and base materials provide sufficient
stabilization and that weight is evenly distributed across the length of the pipe.
The Commission conducted a site visit with Dave Burke and Peter Gammie on April 1, 2009 to better understand the proposed upgrades as they related to the existing site conditions. Based upon measurements taken during the site visit the existing cart path ranged from 7' to 10' wide. Soil probing at various locations across the width of the cart path indicated that it consists primarily of wet, mucky soils to a depth of at least 3'. There was standing water approximately 2" below the surface in one of the probed holes. During the hearing, the Commission reviewed the finding from the site visit along with the revised plans by Columbia Design Group dated March 30, 2009. The Commission noted that the cart-path stabilization work was proposed within Wetland and Buffer Zone Resource Areas, 100-year floodplain and within outstanding resource
waters to Cambridge drinking water supply.
As expressed during previous meetings, the Commission articulated several concerns regarding the proposed upgrades to the cart path including, but not limited to:
• upgrading the existing, seasonal-use agricultural cart path to a full-service road instead of the originally requested stabilization of the existing cart path,
• significant increase in the width of the cart path, use, infrastructure and chemical inputs associated with winter maintenance,
• temporary and permanent disturbance of wetland and buffer zone resource areas, 100-year floodplain, outstanding resource water to Cambridge’s drinking water supply within and beyond the limits of the existing cart path,
• approximately 1000 sq.ft. of wetland and floodplain alteration along the edges of the existing cart path with no associated compensatory mitigation or flood-storage areas,
• impediments to wildlife migration and habitat with increased vehicle traffic,
• uncertainty regarding the ability of the proposed cart path to withstand construction vehicles associated with potential future construction of a barn in the back property,
• concerns that the proposed timber edging, crushed stone and steel rod anchors installed on many feet of wetland soils would not be sufficient to withstand the vertical or horizontal pressure from heavy equipment or horse-trailer traffic,
• concerns regarding impacts from the installation of a water line 5' below grade,
• potential for the stabilized cart path to become widened or paved in the future,
• upgrades as proposed could result in significant adverse impacts to several interests of the Wetlands Protection Act and Wetlands Protection Bylaw including public water supply, prevention of pollution, protection of wildlife habitat and flood control.
The Commission discussed potential alternative systems for stabilizing the existing cart path including an overall reduction in width of sub-base material, use of a helical pier and raised plank system, a combination of the proposed Invisible Structure and helical-pier systems, lowering the proposed cart path to grade in order to eliminate the crushed stone shoulders. The Commission also inquired about the feasibility of securing an easement from the neighbor for anticipated occasional trailer use and/or future barn construction. The Commission discussed changes to the plan that may help mitigate for the concerns and impacts outlined above including the incorporation of soil into the shoulder mix to allow planting of the shoulders with native, wetland-adapted vegetation, and assurance the timbers will remain flush with the travel surface and
the top of the planted shoulder in order to allow wildlife passage across the cart path. The Commission understood the homeowners’ need to access the back of their property and they acknowledged that a seasonal-use, agricultural cart path previously existed on the property. Some members of the Commission felt that the pervious Invisible Structure system as proposed would require the removal of less material than the alternatives and it would provide better drainage and stability than the existing dirt path. Other Commissioners remained concerned with the proposal.
The Commission understood the intent of the stabilized cart path to be for agricultural operations with occasional vehicle and horse-trailer use. The stabilized cart path was designed to achieve a minimum width required to safely access the back of the property. The stabilized cart path will not withstand several vehicle trips per day or use by heavy construction vehicles. The Commission understood that the applicants have no intention of using the back of the property as a landscape or construction operation with frequent travel to and from the area or for storage of heavy landscape vehicles or equipment on a routine basis. They also understood that the applicants have no intention of future development other than a potential barn to be associated with agricultural/livestock operations on the property. Should the applicant wish to construct
a barn or other structure, compliance with all Town Bylaws and Regulations shall apply and wetlands permitting will be required if the proposed activities take place within 100 feet of a wetland or 200 feet of a perennial stream. The Commission wanted assurances that there would be no paving or future expansion of the cart path. The applicant was not willing to place a Deed Restriction ensuring such limitations in perpetuity so the Commission will require these restrictions in perpetuity through the Order of Conditions.
The Commission noted that Barn Options 1&2 and Well Locations 1&2 located on the Master Plan prepared by Columbia Design Group dated March 30, 2009 are NOT part of this Notice of Intent filing. They were identified on the plan to provide the Commission with an understanding of the future potential use of the property. Any work greater in scope than what is permitted under this Order of Conditions and within 100 feet of a Wetland Resource Area will require a new wetlands permit application, including the construction of a barn.
The Commission voted 6-0 to issue an Order of Conditions allowing restoration activities as proposed on the Restoration Plan by Columbia Design Group dated February 9, 2009 and revised on March 30, 2009 subject to the following conditions. The Commission reserves the right to issue a fine should the applicants fail to complete the restoration activities as required under an Enforcement Order issued by the Commission on August 6, 2008.
The Commission voted 5-1 to allow the applicant to stabilize the existing cart path as shown on the Restoration Plan by Columbia Design Group dated February 9, 2009 and revised on March 30, 2009 subject to the following conditions.
Jim Henderson – No Sara Lewis - Yes
Peter von Mertens – Yes Ben Horne - Yes
Joyce Hersh – Yes Ari Kurtz - Yes
The Commission voted 5-1 to require the following conditions in perpetuity as outlined in greater detail in the Special Conditions below.
• No expansion in width or track beyond the proposed 10' travel bed and/or 13' sub-base.
• No installation of asphalt or other impervious paving surface on the stabilized cart path.
• No application of salt, chemicals or fertilizer on the cart path.
The Commission voted 6-0 to deny the applicants request to install a water line under the cart path through the resource areas. The applicant shall indicate the removed water line on the required As-Built plans.
Notice of Intent. Continued from March 18, 2009. Carlos Gutierrez. 16 Old Sudbury Road (Map 119-Block 2-Lot 0). For house reconstruction and site work within the Buffer Zone Resource Area.
Dave Burke, wetlands resource specialist; Peter Gammie, engineer; Tim Burke, architect; and Roy Cramer, attorney represented Mr. and Mrs. Gutierrez with a plan to renovate an existing house within the 100-foot Buffer Zone Resource Area at 16 Old Sudbury Road in Lincoln. The referenced plan entitled, Conservation Submission Site Plan prepared by Columbia Design Group, LLC dated March 5, 2009 was previously approved by the Lincoln Historical Commission and still requires Site Plan Review from the Lincoln Planning Board. The proposed house uses much of the existing foundation and will result in a net decrease of 101 square feet of impervious area, with the existing impervious area totaling 6,508 square feet and the proposed impervious area totaling 6,407 square feet. The primary decrease in impervious area is the result of a new, porous paving
and stormwater infiltration system. Stormwater on the site currently drains toward the wetlands as sheet flow. The proposed design captures and infiltrates all stormwater runoff for a 2"-24 hour storm through a porous paving and crushed stone driveway, cultec infiltration chambers and a crushed stone infiltration area. The closest point of permanent disturbance is 13' from the Wetland Resource Area with all new building areas located farther from the Wetland Resource Area than previously existed. The Commission was pleased with the applicant’s proposal to work within the general footprint of the existing development. They recognized the constraints of the property and were pleased with the careful attention to capturing and infiltrating stormwater before it enters the wetland resource areas on the property. Provided that a detailed septic system is designed within the approximate limits as depicted on the Conservation Submission Site Plan and approved by the Board of
Health, no additional wetlands permitting is necessary. The Commission would appreciate written notification once septic system approval from the Board of Health is received.
The Commission voted 6-0 to close the hearing and issue an Order of Conditions.
DISCUSSION ITEMS
Bobolink Research Project in Browning’s Field – Sasha Keyel, a Tufts Graduate School Student, requested permission from the Commission to continue to study Bobolink’s on Lincoln’s Conservation Land. The Commission supported the research work as proposed and looks forward to receiving copies of his published reports and findings when finished.
ADA Compliance – Starting in May, Conservation Commission meetings will be switched to the 2nd and 4th Wednesday of each month and will be held in the Donaldson Room in Town Hall.
Dooley Property – Tom Gumbart notified the Commission that Thomas Dooley filed an ANR plan with the Planning Board for the properties on Old Concord Road.
ACTION ITEMS
Determination of Applicability Issued to Cayley Torgeson. 29 Lincoln Rd. (64-8-0).
Pay Bills & Sign Payroll
Respectfully Submitted,
Angela Kearney
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