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Richard Bursch, Chair
Todd Dwyer, Vice-Chair
Bob Pease
Carl Luck
Jack Rabbitt
Kenneth Jones
RECEIVED & FILED
OCT 10 2017
Town of Lunenburg
Conservation Commissio UNENBURG TOY
CLERK OFFICE
MBURG,
Tel: (978) 582-4146
960 Massachusetts Ave.
28
Lunenburg, MA 01462
-ORPORAT
Matthew S. Marro,
Conservation Administrator
minutes
September 6, 2017
7:00 PM 960 Mass Ave
Ritter Memorial Building
Call to Order
Announcements
Public Comment Greg Bittner noted that a five year moratorium was approved by the BOS
Appointments/Hearings -commences at PM
DOCUMENTS SUBMITTED FOR CONSIDERATION WERE A REQUEST FOR A DETERMINATION AND A PLAN
ENTTITLED "SUBSURFACE SEWAGE DISPOSAL SYSTEM" BY BEAUCHMINE ENGINERERING DATED MAY12, 2017
PLAN NUMBER SDS-552
Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a
CONTINUED public meeting on a Request for A Determination. Work entails grading for a septic system within the rivertront at
22 Boucher Road by Joe Esposito. Application and supporting documents are available for review at the Conservation
Commission office by calling 978-582-4147ext 431 by appointment. Emailing a PDF is aiso an option on request by emailing
Icc@lunenburgonline, the meeting is scheduled in the Billotta Meeting room 17 Main Street 2nd floor on August 16, 2017.The 1
public is invited to attend.
Tim Beauchmin appeared before the conservation commission. He oriented the commission to the site and the location of the
riverfront. He noted that there is less than 10% of the river front and they are on the edge of the riparian zone. RB reviewed the
figures of the alteration. He asked for the wattles to be survey located. The representative agreed. Motion for a negative
determination with the addition of the wattles made by KJ seconded by JR and unanimously approved.
DOCUMENTS SUBMITTED FOR CONSIDERATION WERE A REQUEST FOR A DETERMINATION AND AN ORTHOPHOTO
OF THE TOWN BEACH.
Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public
meeting on a request for a determination by Lunenburg DPW and the Lunenburg Lions Club for the rehabilitation of the town
beach at 265 Prospect Street within the buffer zone Application and supporting documents are available for review at the
Conservation Commission office by calling 978-582-4147 ext 431 by appointment. Emailing a PDF is aiso an option on request
by emailing icc@lunenburgonline, the meeting is scheduled in the Ritter Land Use Building at 960 Mass Ave in Lunenburg, Ma at
7:00 PM on September 6, 2017. The public is invited to attend.
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NOTE CHAIRMAN BURSCH RECUSED AS THE APPLICANTS REPRESENTATIVE IS RELATED TO HIM. MR. LUCK
CHAIRED THIS HEARING.
Mark Bursch appeared on behalf of the lions club as a volunteer who helps to clean the beach and revitalize. He recalled a
conversation he had with M over the spring time and that the Lions club and DPW applied together for the lions club. He noted
that there are now spots on the beach that need sand. There are some areas where big chunks of concrete and rocks do come
up. He noted that he brought a lot of sand up from the water in the spring, however there is still infiltration. He noted there is still
some wash despite an effort to berm the portion of Prospect Street by the beach. JR expressed concerns that maybe they
should take the rock out. BP noted he has no objections to the added sand for safety. KJ expressed the same opinion. CL
established that the addition is proposed to be to the bottom of the fence. Based on a question by CL it appeared that the total
amount of sand was 60 yards to be done on the late winter and spring. It was determined that the depth would average 2 inches
on top of the sand that is there now. CL had no issue with the first application of sand however, he wanted follow-up letter to the
commission on the condition of the sand and featured maintenance. KJ made a motion to allow the removal of the rock, to scape
sand up before the water and to allow the sand up to 60 yards. This is a onetime approval and they would have to come before
the Commission next year if they want to add more sand. BP seconded and the commission voted unanimousiy
DOCUMENTS SUBMITTED FOR CONSIDERATION WERE A REQUEST FOR A DETERMINATION AND A PLAN
ENTITLED "SEWAGE DISPOSAL SYSTEM" BY DUHCARME AND DILLIS DATED JUNE 14, 2017 PLAN NUMBER 5445-
SDS
Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public
meeting on a request for a determination by Michael Tufts for the construction of a paver patio and 2 decks within the buffer zone
at 48 Oak Ridge Road. Application and supporting documents are available for review at the Conservation Commission office by
calling 978-582-4147 ext 431 by appointment. Emailing a PDF is also an option on request by emailing icc@lunenburgonline, the
meeting is scheduled in the Ritter Land Use Building at 960 Mass Ave in Lunenburg, Ma at 7:00 PM on September 6, 2017. The
public is invited to attend.
Michael Tufts appeared before the commission. He oriented and reminded the commission as to the project versus the wetiand
and its dimensions. The Commission examined the plans and pictures of pre-existing conditions. CL pointed out that the current
drawing seems to accurately reflect the pre-exising patio and is consistent with the photo provided by the applicant. It was
pointed out that in the photo it is clear the patio is off set from the house with prior vegetation in that area evident. It was also
noted that althought there was some form of a wall beyond the house line, there was no evidence of patio stones in that area. RB
noted that there was a comparison made with the ortho photos showing trees were removed along the shore line and the beach
area was much smaller. The Commission requested the patio portion of the plan be updated and CL examined the degree of
perviousness of the patio. RB mentioned the plan needs to be updated showing current conditions and the previous conditions of
the patio and the original location of the beach and the site conditions. KJ asked if the applicant could do a scaled drawing using
the existing. The applicant noted that he feels the enforcement was addressed and that he paid the previous fine and was trying
to finish applying for the permit. KJ noted he does appreciate his frustration with the process. RB stated that he simply wants the
/ applicant to address violations, even though the previous owner did the work, violations go with the property not the owner. The
violations include the increase to the beach area, tree/vegetation removal and patio. The applicant stated that he intended to re-
vegetate some of the beach area. The meeting was continued to the next regular meeting when it is expected that a new plan
addressing all violations will be provided by the applicant..
Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public
meeting on a request for a determination by Fred Daley for the cutting of trees and stabilizing landscaping within the buffer zone
at 238 Townsend Harbor Road. Application and supporting documents are available for review at the Conservation Commission
office by calling 978-582-4147 ext 431 by appointment. Emailing a PDF is also an option on request by emailing
Icc@lunenburgonline, the meeting is scheduled in the Ritter Land Use Building at 960 Mass Ave in Lunenburg, Ma at 7:00 PM on
September 6, 2017. The public is invited to attend. TO BE CONTINUED AT THE APPLICANTS REQUEST
DOCUMENTS SUBMITTED FOR CONSIDERATION WERE A REQUEST FOR A DETERMINATION AND AN ORTHOPHOTO
OF THE AREA OF CONSUTCTION WITH SCALED MEASUREMENTS.
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Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public
meeting on a request for a determination by Glen Reinhardt for the re-building of an existing shed within the buffer zone at 53
Peari Street. Application and supporting documents are available for review at the Conservation Commission office by calling
978-582-4147 ext 431 by appointment. Emailing a PDF is also an option on request by emailing Icc@lunenburgonline, the
meeting is scheduled in the Ritter Land Use Buliding at 960 Mass Ave in Lunenburg, Ma at 7:00 PM on September 6, 2017. The
public is invited to attend.
Glen Reinhardt represents himself. He presented the commission with revised plans in the form or arial photos showing some
dimensions. RB noted that the existing shed was not previously approved however it has been there for such a long time he
would probably have no issues with it. He aiso expressed the belief that the added roof and stacked cement block portion was
illegal and should not be considered as "pre-existing". JR felt that he could support the larger structure as proposed if it the
existing structures were removed and the new structure placed outside of the 30 ft no touch zone. The applicant agreed to look
at his property to see if he could remove it from the 30-foot zone. The meeting was continued to the 20h by motion of CL and a
second by BP.
DOCUMENTS SUBMITTED FOR CONSIDERATION WERE A NOTIE OF INTENT AND A PLAN ENTITLED "SEWAGE
DISPOSAL SYSTEM" BY DAVID ROSS DATED MAY 2017 PLAN NUMBER L-13198
Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public
meeting on a Notice of Intent by John and David Saliba forthe construction of a single family home within the buffer zone at
961 Northfield Road Lot #2. Application and supporting documents are available for review at the Conservation Commission
office by calling 978-582-4147 ext 431 by appointment. Emailing a PDF is also an option on request by emailing
Icc@lunenburgonline, the meeting is scheduled in the Ritter Land Use Building at 960 Mass Ave in Lunenburg, Ma at 7:00 PM on
September 6, 2017. The public is invited to attend.
Neil Gorman appeared before the commission representing the applicant. He oriented the commission to the location of the
wetland resource area and the limits of work. He also outlined the history of a land swap. He noted that the driveway was not
within the butter zone except a very small portion. He noted the house itseif is not within the buffer zone however the deck is. He
outlined a demarcation zone of boulders. There are no structures within the 50 foot zone only some grading proposed. The
commission requested to switch the driveway turnaround to keep it out of the buffer zone. He also agreed to move the boulder
locations to within 20 ft of each other and adjust the size to approximately 3 ft. He will also add a detail on the staked wattles
erosion protection. Greg Bittner noted the fact that Northfield Road was a scenic road and will need approval of the building
commissioner. BP motioned to approve an order of conditions seconded and the commission voted unanimously.
DOCUMENTS SUBMITTED FOR CONSIDERATION WERE A NOTIE OF INTENT AND A PLAN ENTITLED "OVERALL SITE
PLAN" BY DAVID ROSS DATED AUGUST 2017 PLAN NUMBER L-13221WSD
Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public
meeting on a Notice of Intent by Settlers Solar for the construction of 6 mega walt solar field within the buffer zone at 994
Northfield Road with a wetland crossing filling and replicating 1410 square feet of wetland resource area.. Application and
supporting documents are available for review at the Conservation Commission office by calling 978-582-4147 ext 431 by
appointment. Emailing a PDF is also an option on request by emailing Ice@lunenburgonline, the meeting is scheduled in the
Ritter Land Use Building at 960 Mass Ave in Lunenburg, Ma at 7:00 PM on September 6, 2017. The public is invited to attend.
Rob Oliva appeared before the commission he oriented the commission to the site and relationship to the wetland resource
areas and their pertinence to the work proposed. He noted there was no work proposed within the river front. The trees will be
cleared and stumped inside the fence line for the array. The trees will be cleared but not stumped at the outside of the fence line
to allow for regrowth. He outlined the detention basins used for storm water. The Chair examined the Storm-water flow based on
the orientation of the panels versus the topography of the site. RB was requesting the commission have a special engineer/third
party review under a 53 G fund to examine the drainage questions. RB disagreed with the chairman's conclusions. The chair
reiterated that there is a 36 acre clear cu in the cutting plan. He wanted that examined as well. Chris Clark noted that there area
gaps pre-arraigned for the original 3 by 5 panels that allow water to go through the system.. RB questioned if the 100 foot were
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the limit of work what it would do to the project. The answer was a potential to make the project not viable. The chairman was
examining the shade value of the no touch zone. There was a motion for MM to open a 53 G account by CL and a second by JR
with a unanimous vote. MM will speak with Adam and Heather about using Graves Engineering. The applicant expressed no
issues with using Graves. BP noted the detention basins should be at the lowest point and disagrees with having them moved.
The meeting was continued to the 20th of September with consent of the applicant by a motion of JR and a second of KJ. CI
inquired as to a set back time for the submittal of the revised plan. It was agreed that it would be due no later than of September
15 or the meeting would be automatically continued. The motion was passed unanimously.
Mr. Oliva, after reviewing comments will be changing the access, eliminating the need for the wetland crossing.
Current Business
1. Enforcement
183 Hemlock Dr - MM noted no further action site inspection scheduled for September 16, Mil to
notify the owner and the 20th will have an administrative hearing.
48 Oak Ridge Road - see above
70 Oak Ridge Road - No action. MM noted that there is a new contractor coming on board. CL noted
that there did not appear to be any activity to modify the wall or put the foundation in since the last
hearing.
571 Chase Road- Brian pomeria the owner was present. The Commission discussed the violation of
the cutting of the wetland. The owner spoke of material within the brook. He also noted that the town
(DPW) also did some cutting. The Commission agreed to walk the site on 9.16.17.
New Business -
Old Business -
Certificates of Compliance -
Key Span Energy, Leominster-Shirley Road 208-611 ISSUED
Key Span Energy, Leominster Shirley Road 208-643 ISSUED
Committee Reports -
Agents Report /Action Items :
•
Status of Inspections 101 Pleasant MM reported that the owner is planning on filing an ANORAD to eliminate
the stream status as perennial.
Status of Inspections 155 Reservoir Road - MM reported no current issue and the engineer is recalculating
the riverfront as survey of the back parcel shows the riverfront is much larger than originally thought. RB
recommended we open a 53G and have Graves review it.a motion for the 53 G for a peer review for steve
Powell by a motion of CL and JR seconded and the commission vote unanimously.
Status of Inspections 667 and 675 Reservoir -MM noted that both areas have been currently quiet.
93 Whalom Road MM currently investigating with the Building Inspector, Board of Health and Adam and will
apprise the commission of status at the next meeting as there is a follow-up to be filed prior to the next
meeting
•
811 Chase Road MM found there is no current action.
Communications
Meeting Schedule- Next meeting for September 20th at the Bilotta Meeting Room Town Hall 2nd Floor at 7:00 PM
ublic Comment For Meeting Close. RB reviewed the questions for Graves engineering. CL suggested that Minutes
Approval be added to the format for every meeting agenda.
THE MEETING ADJOURNED AT 9:39 PM WITH A MOTION FROM CL AND A SECOND FROM KJ