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Lincoln council orders DEM outreach, HOA meeting after rock-slope failures at Whipple Collin condominiums
Summary
After two rock-slope failures and resident complaints about siltation in a historic canal, the Lincoln Town Council directed the solicitor and DPW director to coordinate with DEM, require a developer-hosted on-site meeting with homeowners and engineers, and hold the developer's erosion-control bond until repairs are validated.
The Lincoln Town Council on Oct. 21 directed town staff to open formal communications with the state Department of Environmental Management and to require the developer of Whipple Collin condominiums to meet on-site with the homeowners association and engineers after a third-party review is complete.
Town engineer and DPW director Leslie told the council that two rock-slope failures were observed after a March storm, that the town had performed temporary stabilization (plastic sheeting and a temporary swale) and that GZA GeoEnvironmental is reviewing a developer-submitted repair plan. The developer's engineer and Parr Corporation proposed a vertical retaining wall to reconstruct slopes and to size drainage to pass a 100-year storm, Leslie said.
A homeowner who identified himself in council remarks as the affected resident (referred to in the meeting as Mr. Seymour) said he has documented sediment flowing into a historic canal behind his property for years and asked the council to press DEM to authorize cleanup. Several residents and watershed representatives told the council they have observed ongoing sedimentation and groundwater concerns and asked for borings and a wider review of slope stability beyond the two failed locations.
The town solicitor recommended three steps: (1) official communication with DEM and coordination with the Office of Compliance and Inspection to investigate siltation in the canal; (2) an on-site meeting between the developer, its engineers (including Parr), GZA and the HOA after GZA completes its review; and (3) that the DPW director set the matter down for control purposes to review the status of the developer's erosion-control bond (approximately $140,000) and consider converting it to a maintenance bond if appropriate. Council members expressed support for holding the bond until the issue is resolved.
Developer counsel Kelly Morris Salvatore said the developer has been responsive, has retained Parr Engineering to design repairs and that GZA is reviewing the design. GZA's civil engineer explained the town's review of the two failed areas focused on the steepest and tallest slopes and that full subsurface borings were not part of their limited scope; GZA said additional calculations could be requested for other slope sections.
The council temporarily suspended action to hear public comment, then after testimony from residents and technical observers revived and approved the solicitor's three recommended actions by voice vote.
Next steps identified at the meeting: the solicitor will send the town's communication to DEM and coordinate with Leslie on compliance inspections; GZA will finish its review of the developer's design; and the developer will be asked to meet on-site with the HOA and engineers to explain the repairs. The council approved the motion without recorded roll-call tallies; the motion passed by voice vote.
The council's action does not itself authorize construction work or change the bond; rather, it directs staff to pursue interagency coordination and a forum for engineering review before the town considers bond release or further approvals.
