===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 2nd floor Bilotta meeting room May 16, 2018 at 7:00 PM In accordance with the requirements of the Open Meetings Law, please be advised that this meeting is being video recorded. Call to Order The meeting was called to order by chairman Bursch with all attending except Vice Chair Dwyer and Mr. Luck. Announcements Public Comment Appointments/Hearings –commences at 7 PM DOCUMENTS PRESNTED FOR CONSIDERATION WAS A REQUEST FOR A DETERMINATION BY THE APPLICANT AND MODIFIED HAND SKETCHES AMENDED DURING THE MEETING BY AGREEMENT OF THE APPLICANT ON MAY 16, 2018 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 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 bilotta meeting room 2 nd floor at 17 main street in Lunenburg, Ma at 7:00 PM on May 16, 2018. The public is invited to attend. Marley Dixon appeared to represent herself. After reviewing the amended sketches the applicant asked the commission to eliminated the shed from the original plans and keep the current deck with the steps. The location and reasoning for the step s versus grade was explained by the applicant as well. The removable ramp and dock were examined as well as a temporary structure for the Kayaks were explained. The applicant also explained that the beach area was cleaned and some stones were used as water bars to retain any erosion. It was explained that the majority of members were not in favor of a beach construction on the original approval. The applicant explained that there was a root problem and the sand was used to prevent injury. KJ noted that there was a split decision and noted the commission does not allow new beaches. Commission regulations regarding prohibition of new beaches versus grandfathered old beaches were explained. Melvin Bertram suggested perhaps a different less erodible material. The applicant proposed pulling the sand back to a smaller area at the top of the hill and to remove the excess off the site. The applicant amended the sketch to show where it would go. The commission was agreeable from the deck to the picknick table about 10 feet long by 5 feet in width ( 50 square feet ) and was amended onto the updated sketch. There was a motion by BP to issue a negative determination with the condition the beach be finished by June 1, 2018. KJ seconded and the commission voted unanimously. ===PAGE 2=== 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 Notice of Intent by Hickory Hills Association for the approval of a drawdown management plan at Hickory Hills Lake at 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 bilotta meeting room 2 nd floor at 17 main street in Lunenburg, Ma at 7:00 PM on May 16, 2018. The public is invited to attend Continued to the June 20th, 2018 meeting at 7 PM by motion of CC and a second by BP with a unanimous vote to approve. 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 Determination for an addition to Dippin Donuts at 455 Mass Ave by Paul Karapatsas. 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 2nd floor at 17 main street in Lunenburg, Ma at 7:00 PM on May 16, 2018. The public is invited to attend MM noted that the applicant did not show up at the office as required by the commission , he did draw out the alternative on the plan submitted. The hearing was continued until June 6, 2018 at 7 PM by a motion of cc and a second by BP with a unanimous vote to approve. DOCUMENTS PRESENTED FOR CONSIDERATION WAS A NOTICE OF INTENT BY THE APPLICANT AND A SITE PLAN BY DUCHARME AND DILLIS DATED MAY 1, 2018 WITH A WETLAND DELINEATION ADDED TO THE REAR YARD. 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 Kenneth Tully for the construction of a single family home at 54 Maple Parkway 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 2nd floor at 17 main street in Lunenburg, Ma at 7:00 PM on May 16, 2018. The public is invited to attend NOTE : This is to ratify the amended wetland delineation MM noted he was in receipt of the updated plans and agreed with the delineation as it was presented on the plans. BP moved to issued an Order of Conditions based on the revised plans, CC seconded and the commission voted unanimously. DOCUMENTS PRESNTED FOR CONSIDERATION WAS A REQUEST FOR A DETERMINATION BY THE APPLICANT AND A MODIFIED HAND SKETCH BY THE APPLICANT DATED APRIL 2018 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 Alfred Gravelle for the updating of an existing pav ed sidewalk to a semi pervious surface at 103 Horizon Island Road will be held. 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 Man Street 2 nd Floor in Lunenburg, Ma at 7:00 PM on May 16, 2018. The public is invited to attend. Al Gravelle appeared before the commission and outlined the work he proposed with enclosed photos and a sketch diagram of his current paved sidewalk. He indicated he wanted to remove the impervious pavement and replace the pavement with pervious pavers with open grout. He will take the pavement to Keatings for recycling. It was recommended he place wattles between the work and the lake. A motion for a negative determination with the addition of wattles was made by BP and seconded by CC. It was unanimously approved by the commission. ===PAGE 3=== DOCUMENTS PRESNTED FOR CONSIDERATION WAS A REQUEST FOR A DETERMINATION BY THE APPLICANT AND A MODIFIED HAND SKETCH BY THE APPLICANT DATED APRIL 2018 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 Patrick Faherty for tree Removal at 298 Highland Street Application and supportin g 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 Man Street 2nd Floor in Lunenburg, Ma at 7:00 PM on May 16, 2018. The public is invited to attend. Patrick Faherty appeared before the commission and reviewed the location of the trees to be removed by photos with the commission. It was noted the stumps would remain and it was noted that there was no intrusion into the 30 foot no touch zone and that it was at the edge of the developed area. Mrs. Faherty inquired about paving the existing driveway and adding it to the RDA. It was recommended to do a separate determination. JR moved for a negative determination. CC seconded and the commission voted unanimously 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 David Oram for tree Removal at 352 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 bilotta meeting room 2nd floor at 17 main street in Lunenburg, Ma at 7:00 PM on May 16, 2018. The public is invited to attend. This was continued to the next meeting ( June 6, 2018 ). The continuation was made by a motion of BP and a second by JR. The Commission unanimously approved DOCUMENTS PRESNTED FOR CONSIDERATION WAS A REQUEST FOR A DETERMINATION BY THE APPLICANT AND A MODIFIED HAND SKETCH BY THE APPLICANT DATED APRIL 2018 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 Lawrence Vailette for the placement of a shed at 232 Fire road 16 Unti 2. Applica tion 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 2nd floor 17 Main Street in Lunenburg, Ma at 7:00 PM on May 16, 2018. The public is invited to attend. Lawrence Valliere appeared and described his proposal for a small shed as noted on his scaled plan s. It was noted the shed would be on top of concrete blocks with crushed stone underneath it. It was noted that the shed was drawn to scale on the pla ns ( a 10’ by 20’). It will have electricity but no water. It was noted that it was out of the 50 foot no touch zone. A motion for a negative determination with the addition of wattles was made by BP with a second by CC. It was unanimously approved by the commission. DOCUMENTS PRESNTED FOR CONSIDERATION WAS A REQUEST FOR A DETERMINATION BY THE APPLICANT AND A MODIFIED HAND SKETCH BY THE APPLICANT DATED APRIL 2018 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 David Nelson for tree Removal at 435 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 bilotta meeting room 2nd floor at 17 main street in Lunenburg, Ma at 7:00 PM on May 16, 2018. The public is invited to attend. David Nelson was present to represent himself and the Hickory Hills Association appeared as this was a joint filing for their lot. The Commission examined the trees located on the plans and compared the plans to the onsite photos MM took to show the condition of the property. A motion for a negative determination that any areas disturbed would be remediated by BP and a second from CC with a unanimous vote to approve. ===PAGE 4=== DOCUMENTS PRESNTED FOR CONSIDERATION WAS A NOTICE OF INTENT BY JOSEPH O’BRIEN AND A PLAN BY DOUG SMITH DATED APRIL 27, 2018 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 Joseph O’Brien for the demolition and re-construction of a single family home within the buffer zone at 179 Island 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 2 nd floor at 17 main street in Lunenburg, Ma at 7:00 PM on May 16, 2018. The public is invited to attend. Doug Smith appeared for the applicant. He explained the project and its relation ship to the resource area. JR asked if a deck was planned for the home as it is not on the plans. The answer was no deck was planned. Nicole Waters expressed a concern about shoreline vegetation clearing. MM showed on screen the photos of the lot and shoreline to show where the vegetation on the shorelines. The Commission wanted the erosion protection to be placed at the limit of 50 fee t and MM recommended that any vegetation removal within 50 feet require a separate file with the conservation commission. A motion for an Order of Conditions with the added wattles at 50 feet and the language regarding no clearing of vegetation beyond the 50 foot line by BP with a second by KJ and a unanimous vote of the commission. DOCUMENTS PRESNTED FOR CONSIDERATION WAS A NOTICE OF INTENT BY MIKE NAULT AND A PLAN BY DOUG SMITH DATED APRIL 28, 2018 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 Mike Nault of MJN Realty Trust for the construction of a single family home within the buff er zone at 141 Hemlock 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 2 nd floor at 17 main street in Lunenburg, Ma at 7:00 PM on May 16, 2018. The public is invited to attend. Doug Smith represented the applicant. MM indicated a concern that the driveway and retaining walls were not specifically included in the plans as well as pre and post grading. He also recommended the commission consider increasing the no touch zone from 30 to 50 feet. Paul Royka of 147 Hemlock expressed concerns about the amount of tree clearing pro posed on the lot. A motion to continue the meeting until June 6, 2018 at the Ritter Building with agreement of the applicant was made by KJ and seconded by JR with a unanimous vote to approve. DOCUMENTS PRESNTED FOR CONSIDERATION WAS A NOTICE OF INTENT BY TIM IALEGGIO AND A PLAN BY DOUG SMITH DATED APRIL 27, 2018 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 Tim Ialeggio for an addition to a single family home, a septic, grading and wetland restoration at 564 Page 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 lcc@lunenburgonline, the meeting is scheduled in the Bilotta meeting room 2 nd floor at 17 main street in Lunenburg, Ma at 7:00 PM on May 16, 2018. The public is invited to attend. Doug Smith represented the applicant. RB asked Mr. Smtih if he had advised his client to file with conservation for buffer zone work. Mr. Smith noted that the septic was out of the buffer zone and he had no idea his client was p roposing extra work. RB noted that the area of the buffer zone to the pond was stripped bare. MM noted that DEP had indicated the pond is listed as a potential vernal pond and questioned the location of the erosion control. MM noted that DEP indicated they wanted the plans specified as to what the original proposal was and what was altered and wanted it quantified on the plans.MM noted he had a lengthy conversation with DEP. Mr. Smith presented a draft plan of plantings. The Commission indicated it wanted s taggered plantings with a conservation seed mix. MM recommended that the sweet pepperbush on the plans be taken off and perhaps Elderberry replace it on the plans ===PAGE 5=== Motion was made to continue until June 6, 2018 at 7PM at the Ritter Building by KJ with a second by BP and a unanimous vote to approve. 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 – Update on citation rescission. MM noted that the reduced 600 dollar fine has been paid. 164 Page Street- Notice of Non compliance – no one appeared. MM will have the constable serve a new notice. MM outlined the history of the property and the nature of the violation. Shady Point- structure moving within the buffer zone. MM recited the history of his site visit and is working to prepare a filing with the commission for an RDA. New Business – Land Exchange on Gilchrest- any update if available- The Commission agreed to meet with the BOS in executive session for the 22nd of May at 7 PM. MM will post a joint agenda. Hickory Hills information for suction harvesting and lake management update : Paula Bertram provided the commission with the annual meeting presentation of the Hickory Hills lake management plan update and the history of techniques used and their success. Fanwort management is still the primary aquatic weed that the association is treating. The association intends to use a test area for increased suction harvesting. Fisheries and wildlife draft report – RB indicated in speaking to MM brought the point to the commission that a third party review may be necessary. Old Business –Robbs Hill management update- Gary Gouldrup notified the commission Certificates of Compliance – 33 Birch Island Way 208-1038 and 189 Elmwood Road Lot 3 208-1033 Extension Permit – None to present Minutes of previous meetings - review and approval of –4/4,4/18 and 5/2 the 4/4 and 4/18 reports were approved as amended by a motion by BP and a second by KJ with a numinous vote. 5/2 will be taken up at the next meeting. Committee Reports – storm water 319 grant information – The letter is needed by month’s end. Treasurer’s Report : - BP reviewed the revolving accounts back to 1995 and is exploring the regulations under which the accounts were set up . Agents Report /Action Items :  Legal Updates and Requests – MM indicated that criminal proceedings are approved  183 Hemlock, Update – the work is proceeding  101 Pleasant Street – if update is available- no further update  70 Oak Ridge, Update- the commission reviewed the updated plans with no further action necessary  842R Chase Road – update on preliminary assessment – assessments are overdue. MM to check  155 Reservoir Road updates- tentative meetings with residents to review allowable work on restricted land  Open space and land and Trail use issues and strategies /Open Space Plan renewal  Communications / public comment/ Meeting Schedule- Next meeting is June 6, 2018 7:00 PM at the Ritter Land Use Building at 960 Mass Ave Lunenburg. NOTE: A special combined meeting is to be  held with the Open Space Ad Hoc Committee in The Bilotta Meeting Room, second floor , 17 Main Street. Ton June 30, 2018 at 7:30 PM The meeting was adjourned at 9:55 PM by a motion of JK and a second by BP with a unanimous vote. All documents referenced are available in the conservation commission office.