===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 Ritter Memorial Land Use Building 960 Mass Ave September 5, 2018 at 7:00 PM In accordance with the requirements of the Open Meetings Law, please be advised that this meeting is being Audio recorded. Call to Order Chairman Bursch called to order at 7 PM all were in attendance except for Commissioner Dwyer and Mr. Pease appeared at 8 PM. Announcements Public Comment RB thanked the commission in the efforts to secure the conservation restriction and 2.3 acre land swap on Gilchrest Street. CL noted that LSIC’s order of conditions is set to expire and if they do not renew they may not be able to complete a drawdown. He also noted that there is clumps of tapegrass floating along portions of the lake’s shoreline. MM confirmed he had also seen the same thing. MM will check the official expiration date of the order. Appointment : Rene Trakimas- annual approval for Sunrise Stables Harvest Ride After examining the map, KJ moved to approve permission to use the property for the annual event. CC seconded and the motion was approved unanimously. Appointment: 70 Oak Ridge Road, Plantings- continued at the request of the owner Appointment: review of change of scope at 914 Flatt Hill from prior negative determination. -Charles Hadju appeared before the commission. The previous approval was for foundation work on the inside of the home only. Due to unforeseen factors. The Building office had to adjust the work to include digging an 18 inch trench to allow for insulating. RB was of the opinion it was a field change as long as the owner left any stockpiles away from the rear of the house and that any disturbed areas would be covered or seeded. The Commission allowed this as a filed change with the conditions that the dock be removed this winter and there would also be no elevation changes. CL was concerned about the issue of process. RB noted this was ot a true foundation and as such originally didn’t require a notice of intent.This was approved by a motion of KJ and a second by JR 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 Mike Nault of MJN Realty Trust for the construction of a single family home within the buffer 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 Ritter Land Use Building at 960 Mass Ave. The public is invited to attend. Meeting continued at the request of the applicant to September 19, 2018 at 7 PM CC moved to continued and Cl 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 CONTINUED public meeting on a 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 ===PAGE 2=== by emailing lcc@lunenburgonline, , the meeting is scheduled in the Ritter Land Use Building at 960 Mass Ave. The public is invited to attend. NOTE: COMMISSIONER RABBIT IS RECUSING FROM THIS MATTER Jon Fortune appeared on behalf of HHL. He identified areas requiring attention, mostly coves and spoke of harvesting with DASH. RB requested downstream flow rates and that they be listed on one document that can be used as a reference. Lake analysis was reviewed. RB recommended that HHL start a dialogue with Mass Wildlife. MM will contact to see if Mass Wildlife is willing to come to a meeting. Tim Lecuivere of 148 Hemlock disputed the validity of the application stating that there was no board vote of HHL. Paul Fortin of 13 Birch Island Way also stated the same. Doug Waters of 80 Horizon Island Road wanted to know what the what the second response was from Caleb Slater and wanted to know if questions or concerns can be submitted in writing. Paul Fortin noted concerns about both wells going dry and sensitive/rare species habitats that were not taken into consideration. The Commission continued to September 19, 2018 with a motion of KJ and a second by cc. The commission unanimously approved the motion. DOCUMENTS SUBMITTED FOR CONSIDERATION WAS A WPA FORM 1 AND A MODIFIED ORTHO PHOTO WITH MEASURMENTS AND LOCATIONS OF WORK BY THE APPLICANT DATED 9/19/18 ( PREVIOUSLY SUBMITTED 9/12/18) 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 King for the placement of a rolling dock , steps and a Tiki Hut at 667 Reservoir Road. Application and supporting documents are available for review at the Conservatio n 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 Ritter Land Use Building at 960 Mass Ave. The public is invited to attend. . David King represented himself and noted the work and relative locations to the commission. He noted the TIki hut is 52 feet from the water at closest point and the proposed stairs will be on sono tubes. The Commission also discussed a proposed restoration of a pre-exiting wall. Cl had questions as to what constitutes a pre existing wall and the legitimacy of allowing remnants within the water to count as pre-exsiting. KJ asked if the wall was tiered. MR kind noted between 1 and 2 feet equal to the height of the shoreline grade. MR. King also noted the work on that portion will only be during drawdown. RB noted it was obvious the applicant shows the wall was there. JR wondered if the remnant now serves a different purpose. The Dock proposed is aluminum with sections that snap in together and wheel sitting on lock pins. There is a ramp that sits on the wall 4 feet long. A question was raised about tiles proposed in front of the tiki hut that would go slightly within 50 feet of the lake. It was noted that they were proposed to be placed on the ground with space in between to allow permeability. BP moved to issue a negative determination with the conditions that the dock have “put in and take out date” consistent with the drawdown season. Cl seconded and the commission voted unanimously DOCUMENTS SUBMITTED FOR CONSIDERATION WAS A WPA FORM 1 AND A MODIFIED SCALED SKETCH WITH PHOTOS BY THE APPLICANT DATED 9/19/18 ( PREVIOUSLY SUBMITTED September 4, 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 Kaitlyne Cullinane for tree removal at 4 Brookview. 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 Ritter Memorial Building at 960 Mass Ave on September 5, 2018 at 7 PM The applicant was there to represent herself. MM and Cl walked the site and noted that a great number of the trees were dea d KJ noted that the roots of the trees proposed to be cut should stay to allow for the stabilization of the no touch zone area and beyond to the 100 foot buffer zone. He recommended and the applicant agreed to stump grind in place. BP moved for a negative determination with the conditions that no trees should be dropped into the lake and the stumps shall be ground in place. CL seconded and the commission unanimously approved the motion. 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 Yolanda Quick for management of invasive vegetation, plantings and the removal of stumps within the buffer zone at 200 New West Townsend Road . Plans are available at the 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 Ritter Land Use Building at 960 Mass Ave. The public is invited to attend. Meeting continued to September 19, 2018 due to abutter notification issue ===PAGE 3=== DCOUMENTS PRESNTED FOR CONSIDERATION WAS A NOTICE OF INTENT FORM AND PLAN S BY GPR, INC. 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 Vince Iaciovello for the construction of a Barn at 18 Gilchrest Street. 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 Ritter Memorial Building at 960 Mass Ave on September 5, 2018 at 7 PM Vince Iaciovello appeared on his own behalf. He reviewed the location of the proposed barn, the erosion protection outlined on the plans and the wetland delineation . It was noted the limit of work came no clser than 67 feet from the edge of wetland, O nly one tree was to be removed. KJ moved for a standard Order of Conditions, JR seconded and the commission voted unanimously. Current Business 1. Violations (Enforcement Actions and administrative hearings). - new (n) and continuations (c) EO 255 Sunset Lane- MM noted area was compliant and stable 188 Burrage Street- Enforcement Order EO Battle 168 West Street – RDA is coming for October meeting Not sure which one at the time of meeting. EO Powell Stone and Gravel- Leominster Shirley Road – expecting a file for the 10/17 meeting New Business – Proposed Eagle Scout Project –Chris Costich appeared before the commission to speak about a project proposal to repair the big snow mobile bridge at the Cowdery. The commission approved the project and allowed for 1500 dollars for reimbursement of expenses by a motion of KJ and a second by CC. The motion was unanimously approved by the commission. Old Business –Robbs Hill management update- Site walk for 9/15 at 8 am with Gary Gouldrup. Land Exchange on Gilchrest –updates RB informed the commission that the Selectmen approved the proposal by a 4-1 vote and it now goes to the Planning Board for their approval ( ANR) . KJ noted for the record he was upset by the actions of others suggesting impropriety on the part of the conservation commission and was deeply offended by the deliberate use of misleading information. CC stated that the conservation commission has always had the best interests of the town at heart. BP noted he went to the Selectmen’s meeting to correct t he misinformation and did receive permission fo the chairman of the board of selectmen to show slides. Certificates of Compliance – 350 Sunset Lane- Anthony Cleaves was present for the owner and reviewed the original versus the amended order of conditions and deviations from the granted approvals. The commission reviewed work that was done that was stipulated in the approvals and work to be completed. The Commission also reviewed work not approved and outside of the order of conditions. The Commission voted 4-1 to approve a partial COC for lot 7 with work continuing on lot 4. The Commission also noted to the applicant the an as -built will be needed. RB abstained. Extension Permit – None to present Minutes of previous meetings - review and approval of – August 1, 2018 & present August 15 Minutes for future review Committee Reports – Any Updates Agents Report /Action Items :  Legal Updates and Requests –  183 Hemlock, Update  101 Pleasant Street – MM was instructed to draft an enforcement order covering the area formerly covered under the cutting plan, the areas to be remediated under the order of Conditions.  55 Spring Street- MM investigating with owner proof of a pre-exiting patio  70 Oak Ridge – plantings ( see above appointment )  Open space and land and Trail use issues and strategies /Open Space Plan renewal  NEW PLANS – SETTLERS SOLAR- The Commission reviewed the updates with Ethan Gyles and requested he have the engineer send an itemized letter of the changes. They saw no need for further action as the changes were not in the buffer zone.  155 Reservoir Road- MM is sending a letter per the commission’s request that if the work was not completed and received by 10/3/18, the commission would step up enforcement and commence fining .  Butterfly Lane – MM is sending out letters to the neighbors  Shady Point ===PAGE 4===  Misc. updates – Emerald Place- tentative inspection for 9/15. RB disclosed his brother works for the company that owns emerald place.  Communications / public comment/ Meeting Schedule- Next meeting is September 19 at the Town Hall Bilotta Meeting Room 2nd Floor