LINCOLN CONSERVATION COMMISSION
Meeting Minutes – July 22, 2009
COMMISSIONERS PRESENT: Peter von Mertens (co-chair), Jim Henderson, Joyce Hersh, Ben Horne, Ari Kurtz, and Sara Lewis. STAFF: Thomas Gumbart, Angela Kearney.
WETLANDS FILINGS
PUBLIC HEARING: Request for Determination of Applicability – National Grid. South Great Road (Route 117). BSC Group represented National Grid with a plan to install 1,400 linear feet of natural gas main within the paved roadway, a portion of which is located within the buffer zone resource area, along Route 117 adjacent to Drumlin Farm. The work will consist of approximately 55 linear feet within the outer Buffer Zone Resource Area and all work will be done according to best management practices and as described in the narrative associated with the Notice of Intent filing. No materials will be stockpiled in the area and all work areas will be returned to pre-existing conditions.
The Commission voted 6-0 to close the hearing & issue a negative Determination of Applicability.
PUBLIC HEARING: Request for Determination of Applicability (continued from 06-24-09) – Jamie & John Atkins. 5 Sandy Pond Road (53-6-3). The Commission held a site visit on Thursday, July 2nd to review proposed changes to the landscape plan. Changes included porous joints in the bluestone terrace, parking area and brick walkway; removal of the stone wall along the west side of the house; shorter distance of the proposed picket fence; and changes to the plantings along Sandy Pond Road. Revised plans were submitted on July 14th which Jamie Atkins and Gail Alden also presented during the July 22nd hearing. The Commission noted the proposed changes and also reviewed photos of the view from the neighboring property, back field, and terrace area. The Commission wanted to ensure that the bluestone terrace would be no
higher than 5” above grade at the house and no higher than 3” above grade at the outer edges of the terrace. They also wanted to ensure that the plantings to the northeast of the terrace will not extend beyond the existing tree near contour 254 on the plan in order to preserve the neighbor’s views into the agricultural field. The stockpiled topsoil should be redistributed in the landscape by the end of September 2009 and lighting on the north side of the house should be minimized and directed downward. The existing spotlights in the peak of the roof shall be covered with cans or replaced with “Dark Sky” fixtures. The Lattimore’s submitted a letter expressing their concerns and Carla Flint expressed her concerns about incrementalism and light pollution.
The Commission voted 6-0 to close the hearing.
PUBLIC HEARING: Notice of Intent. Continued from June 24, 2009. Jonathan Grindlay. 145 Old Concord Road. (58-1& 2-0). On July 14, 2009 Dave Burke and Angela Kearney worked together with Snelling & Hamel, Inc. to revise the Remediation Plan to reflect changes discussed during previous public hearings and site visits. On July 21, 2009 Tom Gumbart, Angela Kearney, Jim Henderson and Dave Burke conducted a site visit to flag specimen trees to be added to the Remediation Plan. The specimen trees will be field surveyed and added to the Remediation Plan by Snelling & Hamel, Inc.
The public hearing was attended by Josh and Sandy Grindlay (property owners), Dave Burke (wetlands consultant), and Whitney Beals as an observer. Buzz Constable represented the Lincoln Land Conservation Trust. Peter von Mertens opened the hearing with a discussion of the Revised Remediation Plan and Draft Order of Conditions. Generally, the Commission was satisfied with the plan changes including the addition of photo monitoring stations, specification of trees to be planted and vegetation to be monitored within the designated planting areas, the addition of specimen trees for reference, and clarification of plan graphics. Dave Burke respectfully offered that the two pines at the edge of the trail easement, on the edge of pleasant meadow, were not likely to thrive in that location and requested that they be removed from the plan. He
also suggested that the replacement Red Maple tree at the end of View Easement “F-E” be moved to the east side of the easement boundary because it will have a better chance of surviving. The Commission agreed that the two pine trees could be removed from the plan and that the Red Maple could be relocated to the east side (in a mirror image) of View Easement “F-E”.
The applicant requested that the number of photo-monitoring stations be decreased. The Commission noted the request and discussed their intention to have enough stations to accurately monitor the Buffer Zone and Conservation Restricted Areas for change without duplicating information. Based upon the conditions of the site, the Commission felt that the number of photo-monitoring stations was sufficient and not excessive. Buzz Constable suggested that the number of photo-monitoring stations was not likely to be negotiable for the LLCT, but there could be a possibility of decreasing the frequency of monitoring photos taken over time if the property is maintained in accordance with the plan. The Remediation Plan should be revised prior to the August 12th hearing to reflect the changes mentioned above. Also, the revised plan should include minor
edits to the notes section as well as the addition of the Order of Conditions number and date.
Peter von Mertens directed the discussion toward the proposed boardwalk. He suggested that he would prefer to address the request at a later date and preserve the intent of the Remediation Plan. Buzz Constable said that the LLCT was in favor of collaborating on the issue and would be willing to discuss the topic further during deliberations.
The applicant requested permission to hire out, supervise and coordinate removal of the tennis court. The Commission noted the request, but remained adamant about their intention to have full oversight (in coordination with the LLCT) of the tennis-court removal, given the ownership and conditions of the property. They were willing to accept bids from the Grindlays contractor of choice and confirmed that any excess funds from the project would be returned to the Grindlays. The tennis-court removal and any additional invasive species work (to be undertaken independently by the Commission if desired) will require a separate wetlands permit.
The applicant requested that the Commission consider reduced monitoring frequency and staff time. They requested that Dave Burke be hired by the Commission to do the monitoring. The Commission remained steadfast that the Commission, LLCT and Staff be actively involved in the monitoring process. They were open to collaborating with Dave Burke and would make available to the applicant, all records and activities that take place on the property.
The Commission voted 6-0 to close the hearing. Any comments on the Draft Order of Conditions must be submitted in writing by Wednesday, August 5th and a revised Remediation Plan must be submitted to the Commission in advance of the August 12th meeting.
PUBLIC HEARING: Request for Determination of Applicability. Paul McCarthy. 9 Upland Field Road. (74-20-0). Bill Murphy represented the applicant with a plan to replace a failed cesspool with a 4-bedroom septic system within the outer 100-foot Buffer Zone Resource Area. The closest point of disturbance is approximately 88 feet from the Wetland Resource Area. The system does not increase the number of bedrooms. The property has significant constraints including limited area within the property lines, steep topography and mature woodland habitat. The proposed system is sited to minimize disturbance as much as possible and is located down-slope of the Wetland Resource Area. The Commission noted the challenges of the property. They noted that the septic system is located below the wetland resource and thus will not have any adverse effects
on the Wetland Resource Area. The Commission noted that all disturbed areas shall be restored with native, woodland vegetation upon completion of the project.
The Commission voted 6-0 to close the hearing & issue a negative Determination of Applicability.
DISCUSSION ITEMS
ACTION ITEMS
Emergency Certification Ratified for Beaver Dam Breaching at MBCR Railroad Tracks
Bills and payroll signed.
Minutes Approved 6/10/09 and 6/24/09
Respectfully submitted: Angela Kearney, Conservation Planner
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