MINUTES
Wednesday, May 27, 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
Notice of Intent. Continued from May 6, 2009. Jonathan Grindlay. 145 Old Concord Road. (58-1&2-0). For restoration activities in the wetland and buffer zone.
Jonathan Grindlay was not able to attend the meeting. Dave Burke and Sandra Grindlay were in attendance. Jim Meadors chaired the meeting and opened the hearing by stating that no decisions would be made because Jonathan Grindlay was not present. Jim Meadors gave an overview of a site visit that was conducted on May 22, 2009 in response to a report that there was recent burning and application of herbicide within the Wetland and Buffer Zone Resource Areas and Conservation Restricted Area. Jonathan Grindlay, Dave Burke, Buzz Constable, Jim Fleming, Peter von Mertens, Jim Meadors, Joyce Hersh, Ben Horne, Ari Kurtz, Sara Lewis and Angela Kearney were in attendance at the May 22nd site visit. Angela Kearney took photographs to document the new activities and outlined the activities on a site plan for future reference. During the site visit,
there was extensive discussion regarding whether the herbicide treatment was done in the fall of 2008 or spring of 2009. Regardless, photographs and recollection of views and conversations from previous site visits indicate that the work was done after the original Enforcement Order was issued on July 24, 2009. A second Enforcement Order was issued to Jonathan Grindlay on May 22, 2009.
The Commission overwhelmingly felt that additional mitigation measures were necessary to account for the recently discovered activities. Native shrubs were killed along the causeway and around the pond and will require additional mitigation. Coppice growth that was proposed to be encouraged to regenerate was killed with the herbicide application and thus new planting will be required to provide sufficient mitigation. Monitoring will be critical to ensure that the landscape character is sufficiently restored. The Commission discussed additional mechanisms for monitoring including: field surveying existing reference trees and adding them to the survey plan, field-locating photo and video monitoring stations and adding their surveyed locations to the plan, permanent marking of the view easements, building envelope and 100-foot buffer zone, an
as-built plan that includes the new plants field surveyed and identified on the plan. The Commission discussed additional mitigation measures including additional plantings, requiring the Grindlay’s to pay money to support a monitoring program for the property, and/or mitigation off-site.
Peter von Mertens recommended that a subcommittee of the Commission be formed to review the latest restoration plan and to come up with mitigation measures that the Commission would like to see in order to approve the plan. The Commission, Dave Burke and Sandra Grindlay felt this would be a suitable next step for getting closer to a mutually-agreed upon restoration plan. The subcommittee meetings will be posted and open to the public. Peter von Mertens, Jim Meadors, Jim Henderson, Sara Lewis and Tom Gumbart offered to be on the subcommittee and they welcomed Dave Burke and the Grindlay’s to participate. They will arrange a posted meeting during the week of June 1st and will bring their recommendations back to the Commission, Land Trust and applicants for further review at the June 10th hearing.
The Commission voted 7-0 to ratify the Enforcement Order to Jonathan Grindlay on May 22, 2009.
The Commission voted 7-0 to continue the hearing to 7:45pm on June 10, 2009.
Notice of Intent. Continued from May 6, 2009. Joel & Joanne Zimmerman. 15 Stratford Way. (71-7-22). For house addition and stormwater system in the buffer zone resource area.
John Visniewski presented a revised the plan to replace the proposed 745 square feet of asphalt paving and an additional 1081 square feet of existing driveway with porous pavers. They incorporated the infiltration system below the driveway in order to eliminate the need to disturb a significant amount of lawn and move all work farther away from the wetland.
The Commission felt the revised plan would be sufficient to mitigate the impacts from the new garage to the Wetland and Buffer Zone Resource Areas.
The Commission voted 7-0 to close the hearing and issue an Order of Conditions.
Notice of Intent. Stephen Binder & Kris Estes. 36 Beaver Pond Road. (86-2-0). For reconstruction of a single-family house in the buffer zone resource area.
Brian Butler of Oxbow Associates represented the homeowners with a plan to reconstruct a house on the relative footprint of a previously existing house. The house was built in 1990 and burned in 2008. Contractors were able to salvage the foundation and will use it for most of the new house. The previous house had a total of 1770 square feet of impervious area within the Buffer Zone Resource Area including building and a patio. The proposed house will be slightly reconfigured and will result in a total of 1880 square feet of impervious area. Thus the result will be an increase of 30 square feet of impervious surface within the Buffer Zone with the closest point of disturbance being 73.1 feet from the Wetland Resource Area. There will be no change in woody vegetation within the resource area and roof runoff will be infiltrated through a
combination of drip edges, gutters and a drywell. Silt fence only will define the limit of work and all equipment will work from the upland portion of the site. The Commission noted that the new house will be relocated on the existing foundation. They noted that the Buffer Zone Resource Area is largely native or naturalized plantings and that all new work will take place above a steep slope to the south of the house. The Commission noted that the proposed terrace will have space between the pavers for water to infiltrate into the ground. The Commission expressed their appreciation to the homeowners for maintaining a natural woodland buffer to Beaver Pond and reminded them that any vegetation removal in that area, if desired, will require permitting with the Conservation Commission.
The Commission voted 7-0 to close the hearing and issue an Order of Conditions.
DISCUSSION ITEMS
Invasive Crew Summer Staff
The Conservation Department interviewed and hired two summer staff for the Invasive Plant Control Program funded by the CPC. Jane Layton is acting as the crew chief and Anna Wilkins is also working closely with the group.
Andrew Glass
Andrew sat in on the meeting to understand more about what the Commission does and to express his interest in working with the Commission in some capacity.
Farrar Pond Discussion
Lycott Environmental did an assessment of nuisance aquatic vegetation in Farrar Pond and requested permission to treat curly pond weed with Diquat in the next couple weeks.
The Commission voted 7-0 to issue an Order of Conditions and to allow treatment for 2009 as directed by the Order of Conditions.
John Mills Report – wellhead and dogs onto property
Tom Gumbart updated the Commission on his recent site visit to John Mills property off of Baker Bridge Road. They noted that dogs and owners are coming onto his property and will act accordingly to encourage dog owners to keep their pets on the trail and under control. They also looked at a pallet that is covering a large hole near the trail. The Commission will use the tractor to place a large boulder over the hole.
Hanscom Air Force Base
VHB was hired to work on the Hanscom Housing Redevelopment Plan.
Invasive Plant Removal
The Commission and Staff would like to encourage local landscape contractors to include invasive plant management in their marketing materials for services. The topic will be added to a future agenda for further discussion.
ACTION ITEMS
Order of Conditions Issued to Farrar Pond Associates. 215 Concord Road.
Certificate of Complianc re-issued to Williams – 215 Lincoln Road.
Enforcement Order Ratified - Jonathan Grindlay issued on May 22, 2009 – 145 Old Concord Rd.
Minutes Approved 5/6/09
Bills Paid & Payroll Signed
Respectfully Submitted,
Angela Kearney
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