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Call Luck
Jack Rabbitt
Kenneth Jones
D18
IN CORON
Matthew S. Marro,
Conservation Administrator
Billotta Meeting Room, Second Floor Town Hall
17 Main Street (revised)
Lunenburg, MA 01462
7 P.M., November 15, 2017
In accordance with the reguirements of the Open Meetings Law, please be
advised that this meeting is being recorded and broadcast over the lunenburg
Publie Access channel.
MINUTES
Call to Order
Announcements
Public Comment-JR presented a slide show on climate change by the NRWA from the annual meeting.
Appointments/Hearings -commences at 7PM
DOCUMENTS PRESENTED FOR CONSIDERATION WAS A REVISED NARRATIVE AND DRAWING 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 CONTINUED request for a defermination 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 the Billotta Meeting room 17 Main Street 2nd
floor on November 15, 2017. The public is invited to attend. Note: Administrative Hearing
Mike Tufts appeared before the commission to represent himself. He presented the commission with a revised sketch and
narrative. He outlined each revision to the commission. This included the restoration of the original beach and planting of 2 trees
.He noted the patio is 3 feet further from the waters edge. He outlined the existing dock. The deck is a proposed trex slats with
spacing. The deck will have three stairs to the patio adjacent to the house. CL clarified that the beach will be made smaller. It
was noted the adjacent stone area will not be touched at this point- perhaps in a future filing. KJ recalled the previous
conversations from the last meeting and found the proposed plan to be sufficient. RB indicated he would like to see some more
trees added to the plan. TD stated he feels the applicant has been responsive and find the plans sufficient. JR Noted that at
maturity the trees will have a large crown and explored moving the proposed trees. CL questioned the grass along the lake.
Cl moved for a negative determination. KJ seconded and the commission voted 5-1 with RB voting no.
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 for the upgrade of a single family home, driveway and a septic system at 390 New West Townsend
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 Billotta Meeting room 17 Main Street 2nd floor on November 15, 2017. The public is invited to attend
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bere terelle coronare enen cone mene e sd te blot meeting room f Maih Sireet noor on November
15, 2017. The public is invited to attend.
Jamie Rheault and Matt Fournier appeared representing the applicant. The proposed amendment was compared to the originally
approved plans. The driveway grading is different for the slope and turnaround. The maintenance of a catch basin will be
included in any approval. A patio under the proposed deck that is the entire length of the house is proposed using permeable
pavers. JR requested a note in the plans indicating porous pavers. Proposed steps to be replaced with rail road ties and the
commission requested an idea of a different material. BP requested the stairs be made porous. The history of the wall was
discussed. CL clarified that there was no discussion on the distance of the wall to the lake and no consensus was arrived
concerning that point. The flat area at the bottom of slope between the hillside retaining wall and the wall by the water would be
sodded. The wall by the water is proposed for reconstruction. Access for construction of the wall was recounted from an onsite
visit. There is an existing beach area is proposed to be maintained. CL inquired if material was to have sand added to it. The
answer was yes. JR asked how would erosion into the lake be prevented. The notes regarding the wall material was discussed
and the commission requested the notes be clarified. The landscape plan was also presented and discussed. CC asked for more
wall detail. KJ and TD requested that the type of wall be re-examined for the lower wall. KJ also wants the material for the steps
re-examined. BP wanted the wall re-examined and pervious material in the stairs. He feels the beach needs to be re-examined.
RB had no issues with the driveway and the smaller house but expressed reservations with the patio in the 50 foot zone. The
material for the steps will need to be revisited. The Bin Block wall RB noted it is in the 30 foot wall but would be open to the same
suggestion TD forwarded with a naturaliy stacked stone wall to replace along the water. KJ noted that perhaps amending the
landscape plans to add vegetation in front of the existing hillside block wall. Concerning the beach RB noted he wanted to see it
shrunk down. CL noted that the patio should be pulled bac, no issues with the deck. TD asked CL if porous pavers were used
would it make any difference. CL said no. CL said that he is not satisfied with the wall and does not feel the wall should not be
allowed to remain where it is. CL shared the previous comments regarding the lake wall. CL doesn't feel the beach is really a
beach and does not have an issue with maintaining the gap but does not support a beach. The stone wall as long as it is placed
at a 45 degree angle would be fine. CL noted the plantings he feels the trees area little small and requested additional trees. RB
requested the elevation of the 100 year flood plain be added. A profile of the patio and deck was also requested. JR asked if the
roof was going to have gutters. Matt Fournier inquired if there was any flexibility in the stair design. RB indicated no due to slope
concerns and ensuring safe access to the waters edge. Mr. Fournier will also add long term roof runoff solutions.
Motion to continue to December 6 by CC with a second by CL and a unanimous vote.
Current Business
Emergency issue- 181 Kilburn Street- added due to emergency nature. Tom Christopher appeared in front of the
commission explaining the APR status of the lot and the status of the old farm road with a culvert imponding a pond.
He explained there was a beaver dam made in the upstream side of the spillway. He explained the short circuiting of the
dam as a result of the beaver dam blocking the spill way creating a situation with 5 inches of rain causing an
overtopping and breach of the dam. He noted that of the dam completely breach it should cause disaster type issues all
the way as a chain reaction to lake Shirley. MM issued an emergency certification. Mr. Christopher explained the
methodology and procedure he used to monitor the work allowed under the mergency certification. He outlined the
rebuilding procedure. He noted that MM had requested material blown out be reclaimed and it was indicated that did
happen as requested. He noted that there was a concrete gravity dam built downstream of the work area. The patching
work was completed in three days. There will be an ongoing maintenance work regarding the beaver control. Peter
Reynolds of Mackenzie Engineering was contacted regarding the decking and spillway. Mr. Christopher is returning
with a Notice of Intent once Mr Reynolds completes a plan. He is estimating he will return with the Notice of Intent by
the beginning of 2018. JR inquired as to the impacts to wetland area. Mr. Christopher noted that the levels on the
eil l
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183 Hemlock Dr (c) - Update MM noted he is currently working on revising the original Notice of
Intent with the owner to ensure the scope of work matches the application.
(First meeting in January )
70 Oak Ridge Road (c) -see hearing listed above
571 Chase Road (c) -No updates: to remain on agenda until restoration is completed (grown in)
168 West Street (n) - updates if any - MM noted he has not heard back yet from the owner.
307 Townsend Harbor Road (n) Unauthorized Beach expansion & administrative hearing on fine
JR recused himself from the meeting at 307 Townsend Harbor Road. MM relayed the history of the
original enforcement. The original file was reviewed, It was noted that the water was down 20 inches
currently. The owners expressed a desire to keep the sand. The chair requested to file a request for a
determination. JR spoke as an abutter noted that the roots the applicant spoke of causing injury (the
was fallow with no beach.
654 Massachusetts Ave (n) - Cutting in Buffer Zone - Administrative Hearing- Steve Babineau
appeared before the Commission MM narrated the history behind the original enforcement. RB
recommended that the stop work order be left in place until a notice of intent is filed. The disturbed
area should be marked on the plan. A deadline of 90 days was agreed to (February 15, 2018).
323 Leominster Road- Unauthorized work in Riverfront - updates - MM was working on an RDA for
the owner as was requested and now recommends a Notice of Intent as a fence appeared on the
property, He is reporting to the building inspector as well to ensure it is less than six feet in height.
MM recommend fines. RB recommended fines. MM recommended 100 dollars a day for continuing
work despite being told no. TD recommended 100 dollars per day until such time as an acceptable
Notice of Intent is filed BP seconded. The vote was approved unanimously.
New Business - 842 R Chase Road - updates and any new considerations -review of town warrant and funding. MM
recounted the meeting. The Finance committee was in favor.
Old Business - Contract update -The Contract has been signed and will be implemented. There will be a construction
Certificates of Compliance - Butterfly Lane - commission found some violations MM to investigate, 173 Hemlock Drive
Extension Permit - None presented for consideration
Minutes of previous meetings - review and approval of -10/18 and 11/1 jk and bp both.
Committee Reports - Storm water, trails (if any updates) NO reports
Agents Report /Action Items :
• Status of Inspections 101 Pleasant - MM noted that there was an erosion breech during the storm. The
Commission had considered suspending the order however it was agreed by most that pursuing that course
would be counter productive.
• Status of Inspections 155 Reservoir Road - MM noted the property held up well post storm and is in
compliance.
• Status of Inspections 667 and 675 Reservoir Properties are in compliance.
• Status of Inspections- 141 Beal Street - property is in compliance.
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Adjournment
Meeting adjourned at 10 PM by a motion of KJ and a second by CC
All documents cited and related to this agenda on file at the conservation commission office.