===PAGE 1=== Town of Lunenburg Conservation Commission Richard Bursch, Chair Tel: (978) 582-4146 Todd Dwyer, Vice-Chair 960 Massachusetts Ave. Bob Pease Lunenburg, MA 01462 Catie Childs Carl Luck Jack Rabbitt Matthew S. Marro, Kenneth Jones Conservation Administrator minutes 17 Main Street Billotta Meeting Room, 2nd floor Lunenburg, MA 01462 7 P.M., March 21, 2018 In accordance with the requirements of the Open Meetings Law, please be advised that this meeting is being video recorded. Call to Order at 7 PM with Mr. Dwyer presiding. All members except Chairman Bursch was present. Announcements – JR noted the drawdown NOI submission is forthcoming and will have to recuse himself from the hearing and was hoping there would be a quorum. JR noted that the public has expressed positive views about the small town forest management operation. Public Comment Appointments/Hearings –commences at 7 PM Appointment: USDA Invasive insect presentation- MM noted that it will be continued due to a scheduling conflict and will advise on a re-schedule. Documents available for review were A request for a determination WPA form 1 and modified sketch 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 Marley and Ryan Dixon for the construction of a Sandy beach at 307 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 lcc@lunenburgonline, the meeting is scheduled in the Billotta meeting room,17 Main Street, 2 nd Floor at 7 PM. The public is invited to attend. Ryan Dixon was present on his own behalf Commissioner Rabbit recused and left the table. Ryan Dixon noted the sand was placed was for protection from the large root system After considering multiple options the commission decided to allow the applicant options to propose and wanted resubmissions and the status of the shed to be clarified. The meeting was continued until April 4 at 7 PM at the Ritter Building by motion of KJ and a second by CC. Documents available for review were A request for a determination WPA form 1 by North County Land Trust and modified GIS sketch by the applicant. Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Request for Determination of Applicability by North County Land Trust for work at 548 Northfield Road will be he ld. Work entails Installation of a small bridge to span a stream to make open space trails accessible within riverfront and the buffer zone thereof. Application and supporting documents are available for review at the Conservation Commission office by calling ===PAGE 2=== 978-582-4146 ext 431 by appointment. Emailing a PDF is also an option on request by emailing lcc@lunenburgonline, , the meeting is scheduled in the Billotta meeting room,17 Main Street, 2 nd Floor at 7 PM. The public is invited to attend. Jassy Bratko was present representing the NCLT. She told the commission where the land was and outlined the proposal which was for the placement of a bridge span across the Mulpus Brook. MM noted there was an easement granted to NCLT by Daron Massey. MM noted that there was a comment from DEP that they should not use any poles soaked in preservative. The poles in the sketch are new and not soaked in commercial chemical. BP reviewed the procedure for the trial construction and hauling the materials. BP moved for a negative determination. CC seconded and the commission voted unanimously. Ms.Bratko noted that there was an interest in Mr. Massey for preserving his back land for Conserva tion. She wanted to know if the community was interested in applying for an open space grant to aid in that quest .BP noted that the open space plan is being updated and would be interested once it is updated. Documents available for review were A request for a determination WPA form 1 by Scott Benjamin and modified sketch by the applicant. Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Request for Determination of Applicability by Scott Benjamin for work at 40 Fire Rd 12 Road will be held. Work entails Installation of three docks within the buffer zone Application and supporting documents are available for review at t he Conservation Commission office by calling 978-582-4146 ext 431 by appointment. Emailing a PDF is also an option on request by emailing lcc@lunenburgonline,, the meeting is scheduled in the Billotta meeting room,17 Main Street, 2 nd Floor at 7 PM. The public is invited to attend. Scott Benjamin Appeared before the commission. Based on a question from TD it was established the new docks have been in place for a year. Mr. Benjamin reviewed the construction of the docks with the commission. JR asked if the concrete wall was there and if there was a walkway prior to the site. TD noted that he would have not been in favor of three docks. JR noted that in the past they have allowed 2 docks. BP asked for the rational for the docks. Mr. Ben jamin noted that he owns 4 different motor boats and used the boat lifts on each dock. TD asked that the boat lifts should be shown on the plan. CL noted that the numbe r of docks is worthy of discussion for the regulation review and there is no regulation in place for limiting the number of docks. JR requested that we defer in this decision and speak to the policy/regulations. KJ moved to find a positive determination. There was discussion about the docks and if they were removable. There was also discussion about the docks distances to each other. CC asked the question about 2 boats per docks and perhaps the number of docks should be revisited and maybe 2 docks were reasonable. Mr. Benjamin outlined that 2 docks would be limiting to the use of his boats. KJ withdrew the motion at this point. A motion for a negative determination for 2 docks 2 to be removed by CC. BP seconded. CL wanted to know if the docks would be defined. The motion was amended that the file would be amended by the applicant and the amendment was accepted. The Commission voted to approve the motion. The applicant under the motion was given until the next drawdown to remove the docks. Documents available for review were A request for a determination WPA form 1 by The Woodlands Village Trust and modified sketch by the applicant. Photos were also enclosed 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 Woodlands Village Trust for the : Replacement of deck Addition of new concrete supports as needed, expansion of existing foot print by 2 feet, installation of concrete or stone paver walkway for access to the rear patio under the existing deck, expansion of under deck patio by 2 feet re- establish stone wall from wood line to existing stone wall ,contour lawn area for finish landscape of lawn and plantings along with the removal of one tree .The work will take place at 7 Trillium Court, 100 Royal Fern and 112 Royal Fern. 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 lcc@lunenburgonline, the meeting is scheduled in the Bilotta meeting room at 17 Main Street, 2 nd Floor.at 7 PM. The public is invited to attend. Bob Pease recused himself and reserved the right to comment as an abutting resident and left the table. Mark Bursch appeared representing the applicant. And explained the plan and why it was necessary for the property to be changed . HE also described drainage options to correct past drainage issues. ===PAGE 3=== Sandra Habe appeared in front of the commission to explain the paver patio at 100 royal fern drive. Jack Denny Brown of the woodlands questions the measurement and as to why the paver diagram speaks to plus or minus 8 feet. Mark Bursch noted the diagram refers to it would be 8 feet plus or minus due to variability of the pavers. CL noted that the wording should be added to the determination that the abutting shrubs. The Commission also reviewed the one tree to be removed at 112 Royal Fern. A negative determination with the addition of the Shrubs to remain at 100 Royal Fern by a motion of CL and a second by CC and a unanimous vote. Documents available for review were A request for a determination WPA form 3 by The Woodlands Village Trust and modified sketch by the applicant. Photos were also enclosed 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 Woodlands Village Trust for the construction of an access ramp at 208 Northfield 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 lcc@lunenburgonline, the meeting is scheduled in the Bilotta meeting room at 17 Main Street, 2nd Floor.at 7 PM. The public is invited to attend Bob Pease recused himself and reserved the right to comment as an abutting resident and left the table. Sandra Habe outlined the construction of a ramp for limited mobility access. Steve Douglas 24 Wintergreen Court expressed concern about the steepness of the ramp with the pavers. He noted that there may be more room on the other side of the stairwell. Mrs Habe noted that people are naturally going along the pathway now and going to the other side of the steps would entail disturbing more sensitive area. CL addressed the roughness on the paver and discussed what could go in between the pavers. He noted that there should not be an issue with the using carts based on his personal experience. JR noted that in the future we should look at a handicap access in the future. CC expressed confidence in the pavers and the rails being used. Motion for a standard Order of conditions by KJ and a second by CL and a unanimous vote. Documents available for review were A request for a determination WPA form 1 by Yonika Family Trust and modified plan 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 Yonika Family Trust for the replacement of a septic tank at 34 Hemlock Terrace Plans 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 lcc@lunenburgonline, the meeting is scheduled in the Bilotta meeting room at 17 Main Street, 2nd Floor.at 7 PM. The public is invited to attend Mr. Yonika indicated that the project is to replace the tank and upgrade to a 1500 gallon tank. He indicated the work could be done in a day. It was noted the tank was optimally cited. The commission issued a negative determination by a motion of CC an d a second by KJ that was unanimously approved. Current Business 1. Violations (Enforcement Actions and administrative hearings). - new (n) and continuations (c) 571 Chase Road (c) -No updates : to remain on agenda until restoration is completed (grown in) 654 Massachusetts Ave (n)-Notice of Intent to be heard at the April 4, 2018 meeting Emerald Place Beach- erosion issues- Mark Bursch appeared on behalf of the owners. He narrated the work that was done according to the design work by Anthony Cleaves. The Commission will allow the planned remedial work and monitor the beach for future erosion. 91 Reservoir Road- Notice of noncompliance issued- Mrs. Allan was here to represent herself and noted that there were removing the dead material. Mrs. Allan noted they hav e no intention of removing the living wood. It was clarified by MM he issued the letter due to heavy equipment use. MM suggested that perhaps a management plan worked out with the residents. BP noted that removal of down deadwood was not a regulated activity. TD noted we should pull the files and examine the area. The enforcement was dismissed. New Business – Ratification of warrant article for land exchange on Gilchrest Street. After Consideration, The Commission voted to sponsor the article by motion of BP and a second by CC with the added wording “ ; in order to obtain meaningful access to the Lane Conservation property”. ===PAGE 4=== FY 19 Budget Submission Old Business -Small Town forest update- MM is tracking the supplemental money and will have a report for the commission at the April 4 meeting. Certificates of Compliance – None presented for consideration Extension Permit – Tri Town Landing KJ moved for a three year extension -cc seconded and the commission unanimously approved the extension. Minutes of previous meetings - review and approval of – 1/6, 2/21- The 1/6 meeting minutes were approved by unanimous vote with a motion of BP and a second by KJ Committee Reports – Treasurer’s Report : BP reviewed trust fund balances and the forest cutting account. KJ noted and requested that the commission allow for another 1500 dollar maximum be allowed for more habitat work at 123 Holli s Road, which was approved my a motion of CL and a second by CC. Agents Report /Action Items :  Legal Updates and Requests – Enforcement order cover letter  183 Hemlock, Update- MM is working with owner to re-commence with the arrival of spring  811 Chase Road, Update – MM reported the new owner examined a third lot however, MM informed owner the riverfront may not allow for it.  101 Pleasant Street/72 and 76 Mass Ave – update  70 Oak Ridge, Update- no action on the land yet due to season however, inspection shows the erosion protection is up to date.  842R Chase Road – update on preliminary assessment by MM- still awaiting Mark Popham’s report  155 Reservoir Road updates- see 91 reservoir road.  Open space and land and Trail use issues and strategies. – appointment with Matt Charpentier – Mr. Charpentier offered to work with MM, BP and the commission in doing both trails and walks in the woods. The Commission unanimously voted to approve by a motion to support by cc and a second by bp. Communications / public comment/ Meeting Schedule- Next meeting for April 4 at the Ritter Land Use Building at 960 Mass Ave the time is 7:00 PM MEETING WAS ADJOURNED AT 10:00 PM BY MOTION OF BO AND A SECOND BY KJ. DOCUMENTS CITED ARE AVAILIBLE AT THE CONSERVATION COMMISSION OFFICE.