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Minutes - May 6, 2009
Lincoln Conservation Commission
MINUTES
Wednesday, May 6, 2009
Lincoln Town Offices

COMMISSIONERS:  Peter von Mertens, Jim Meadors, Ari Kurtz, Ben Horne, Sara Lewis, Joyce Hersh,  & Jim Henderson  STAFF:  Tom Gumbart, Angela Kearney

WETLANDS FILINGS

Request for Determination of Applicability. Town of Lincoln DPW. Old County Road. For repaving and drainage improvements in the buffer zone resource area.

Chris Bibbo presented a plan to resurface Old County Road between Winter Street and the Waltham line. The new road will be a direct replacement with no increase in width or impervious surface. Drainage improvements will include a stone swale on the up-slope side of the road and  
Installation of stone and perforated pipe drainage beds under the road. They will install a filter-mitt sedimentation control barrier along the limit of work and are looking to start work this spring.

The Commission voted 7-0 to close and issue a Negative Determination of Applicability.

Notice of Intent. Continued from March 18, 2009. Jonathan Grindlay. 145 Old Concord Road. (58-1&2-0). For restoration activities in the wetland and buffer zone resource areas.

Peter von Mertens summarized the history of the project, meetings, site visits and discussions to date.
He reinforced the notion that any conditions issued as part of this Enforcement Order shall not supersede the language of the Conservation Restriction or the Wetlands Protection Act or Bylaws. Peter von Mertens summarized points of discussion during a site visit on April 23rd including mitigation for trees that were cleared on the north side of the house, careful selection and maintenance of coppice growth and potential future requirement for planting if growth is not sufficiently achieved and possible removal of the tennis court as additional mitigation. Peter von Mertens also wanted to remind the Commission and applicant’s that the 36 trees previously discussed were a starting point, but were not an agreed upon maximum or minimum. The Commission remained interested in requiring a suitable number of trees to sufficiently restore the landscape character. Peter von Mertens and Jim Meadors further articulated that areas at the end of view corridors must be left to naturally grow. On the river side of the cart path that means that small white pine and other trees and bushes must be allowed to grow which may result in blocking the view to the river at some point in time. The same is true of the peninsula just to the south of the spillway. Invasives and only invasives may be cut there by a trained individual approved by the Conservation Commission. Dave Burke acknowledged Peter’s opening remarks. He noted that many trees and branches were cut and the 36 replacement trees were agreed upon in previous meetings as a general number that would flourish and help to restore the area. He suggested that the Commission continue the discussion of proposed mitigation plantings as outlined in a summary letter to the Grindlay’s dated March 24, 2009. Following are specific points of discussion:

Trees Cleared Adjacent to the North Side of the House – The Commission noted the trees that were cleared without a permit and specifically noted that evergreen trees are lacking from the area. Commissioners thought that planting 4 white pine trees at 1-2”DBH (2 on the slope and 2 at the field edge) would stabilize the slope and screen views from the public trail.

Planting Area C – The Commission thought the area would be more suitable for Mt. laurel if moved up to the top of the slope in the same planting area. They felt that it would be difficult to get new trees established under the shady hemlock grove. Existing saplings should be allowed to grow and 3 black birch planted at 1” DBH could be added to the area. This area is particularly prone to invasives and should be closely monitored and managed. Dave Burke offered that a blanket condition could require that there shall be less than 10% invasive species in any planted area at the end of the 5 years.

Planting Area E – Currently there are 16 stakes representing proposed trees for this area. The Commission thought this area might not need as many trees as several would be under water at this time of year as proposed. Commissioners thought that 4 white pine trees, 2 red oaks, 2 white oak trees and 2 trees on the north side of the view corridor might be more suitable. This area shall be allowed to re-vegetate naturally and will require baseline photos for future monitoring.

Causway – Same as discussed in the March 24, 2009 letter.

Planting Area F – This area could be planted with 1 tupelo, 1 larch, coppice growth selected from the existing red maple trees, 3 winterberry shrubs and 1 red oak planted at 5 gallons.

Planting Area B - Same as discussed in the March 24, 2009 letter.

Planting Area A – This area could be planted with 2 red maple, coppice growth for 1 existing red maple and 1 winterberry shrub.

Tennis Court Removal – The Commissioners may be willing to allow the applicant to remove the tennis court as additional mitigation. They wanted to ensure however that this was not a trade for installation of trees necessary to restore the pre-existing landscape character. The Commission was willing to consider removal of the tennis court as additional mitigation for trees that were not likely to survive in very challenging conditions.

Thicket – The Order of Conditions can allow this work if overseen by a qualified professional and with specific discussions in the field with Conservation Commissioners, Staff and Land Trust Representatives. This work is not specifically required as part of the mitigation work.

The Commission voted 7-0 to continue the hearing to 7:45 on May 27, 2009.

Notice of Intent. Joel & Joanne Zimmerman. 15 Stratford Way. (71-7-22). For house addition and stormwater system in the buffer zone resource area.

John Visnewski represented the homeowner with a plan to construct an attached two-car garage under an existing deck approximately 50 feet from the Wetland Resource Area. The garage platform and stairs total 741 square feet of impervious area and an additional 745 square feet of new impervious driveway is proposed. As mitigation for the increased impervious area the applicant proposed a stormwater management system installed on existing lawn and composed of cultic infiltration chambers large enough to handle the 100-year storm. They also proposed a planted swale to catch stormwater runoff from the side of the driveway, a stone drip edge along the bottom side of the driveway and removal of some lawn and replacement of native species. The Commission was particularly concerned with the additional impervious area within the Buffer Zone Resource Area. They were also concerned that the proposed stormwater-catchment system would cause a significant amount of disturbance very close to the Wetland Resource Area. They asked the applicant to consider porous paving alternatives and the feasibility of locating necessary stormwater storage areas under the new porous driveway. This would allow the applicant to limit all permanent disturbance to the outer 100-foot Buffer Zone Resource Area.

The Commission voted 7-0 to continue the hearing to 8:45 on May 27, 2009.

Notice of Intent Continued from April 15, 2009. Ruth Ann Hendrickson. 253 Concord Road. (116-16-0). For reconstruction of a two-car garage, expansion of a driveway and retaining walls within the 50 and 100-foot Buffer Zone Resource Area.

The Commission voted 6-0 to close the hearing and issue an Order of Conditions.

Notice of Intent. Gordon Winchell, Farrar Pond Associates. 215 Concord Road. For treatment of nuisance aquatic vegetation in Farrar Pond.

The Farrar Pond Associates requested permission to continue pond management efforts, including herbicide treatments and hand-pulling to control invasive plant growth.  The pond is shallow and the ecological health of the open water resource is threatened by the heavy growth of aquatic plants, both native and exotic.  The primary treatment proposed uses the herbicide Reward (diquat) and targets specific nuisance aquatic vegetation as necessary. Specific treatments may be granted with prior written request.  Lycott Environmental Inc. is the company hired by the Farrar Pond Associates for the ongoing management and assessment of the pond.  Herbicide treatments must be at levels that do not adversely affect vertebrate and invertebrate organisms that live in or utilize the pond. Occasionally the Association draws down the pond as a separate management tool which is currently permitted under a separate Order of Conditions (DEP # 203-174).

The Commission voted 7-0 to close the hearing and issue an Order of Conditions.

ACTION ITEMS

Order of Conditions Issued to Ruth Ann Hendrickson. 253 Concord Road (116-16-0)
Minutes Approved 4/15/09
Pay Bills & Sign Payroll

Respectfully Submitted,
Angela Kearney





 
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