===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 Billotta Meeting Room 17 Main Street Lunenburg, Ma 01462 October 17, 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 Announcements Public Comment Appointments/Hearings –commences at 7 PM Tood Dwyer, acting chair called the meeting to order at 7 PM. Messers Bursch and Rabbitt participated remotely. (NOTE: ALL VOTES TAKEN WERE BY ROLL CALL WITHOUT EXCEPTION- DUE TO REMOTE PARTICIPATION) Appointment 7 PM: Judith Schmitz- DEP Outreach on Solar and the wetland protection act regulations- Judith Schmitz, outreach coordinator for MassDEP spoke to the commission about the parameters that are important to evaluating a solar field development. She used the existing Order generated for the Settler’s Solar field on Northfield Road recently conditioned by the commission as an example. DOCUMENTS CONSIDERED BY THE CONSERVATION COMMISSION WAS A Notice of Intent BU DAVID OSOFF AND A PLAN BY BEAUCHMIN ENGINEERING ENTITLED “ SITE PLAN”. 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 David Osoff for an addition within the buffer zone at 46 fire road 12. 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 will be held in the Bilotta meeting room 17 Main St second Floor on October 17, 2018 at 7 PM. The public is invited to attend. David Osoff, Rachel Raboin and Tim Beauchmin appeared before the commission. The explained the addition and the orientation to the resource area which was on the front and back sides of the lot due to the location on a peninsula. Among the discussion was the need to remove a triple stemmed oak tree on the left side of the home. MM noted that he wanted to see the erosion control moved to the opposite side of the road in order to protect the wattles from being destroyed during construction. kRB noted that wattles should be added at the base of the wall by elevation 306 to protect runoff from travelling down the st reet. The fieldstone wall is proposed to be rebuilt. The foundation for the addition is a full foundation. Some of the excavated materials will be used for backfill. CL inquired as to the remaining fill. The applicant committed to i t being removed off of the site. Cl also ===PAGE 2=== asked if only the one section of tree stem can be removed with the others left in place. The applicant noted that 2 arborists came to look at the tree and it is not stable due to advanced age and shallow roots. After questioning of the siza and placement o f the addition, Ms. Raboin revealed that the placement was due to the need for the stairs to be located to allow her to traverse between floors due to an illness/. The applicant did agree to plant shrbs within the area of the tree as mitigation. KJ moved to isse an Order of Conditiuons with the special conditions: 1. Erosion protection would be added at the base of the driveway. 2. The plan would be amended to show any stockpile areas. 3. There would be a project schedule submitted prior to construction. This was seconded by BP and the commission voted to approive wth JR abstaining due to late entry into the meeting. DOCUMENTS PRESENTED FOR CONSIDERATION WAS A NOTICE OF INTENT FORM 3 AND SUPPORTING DOCUMENTATION. (note: Commission Rabbit has recused from these proceedings) 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 by emailing lcc@lunenburgonline The meeting will be held in the Bilotta meeting room 17 Main St second Floor on October 17, 2018 at 7 PM. The public is invited to attend. John Fortune related a conversation that he had with Caleb Slater on October 4, 2018. Issues addressed were concerns over compliance with the withdrawal rates, timing and the amount of water left under the proposal being less than 50% of the lake volume. The GEIR calls for an 11/1 drawdown requirement and the Landowners Association is proposing October 15 as means to allow residents to do shoreline maintenance. Judith Schmitz from DEP noted the timing was a critical issue and needs to be thoroughly examined and that the volume of water is a major factor in the evaluation of this drawdown. BP noted that he would like the commission to consider a 5 year order of conditions. He also noted that the landowners and MM need to work out a sample scheduling. RB was proposing an incremental drawdown to 4 feet with data from the start to end date of the drawdown with an annual meeting to review the effectiveness and decided if deeper drawdowns are warranted. This would establish baseline. TD is not in favor of the original drawdown presented and likes the shallower approach. RB indicated that his research indicates there is no baseline procedure established for evaluating depths. Cl note similarities to Lake Shirley BP moved to continued to the November 7 meeting to allow for MM and the landowners to plan for sampling, KJ seconded and the commission voted unanimously. DOCUMENTS PRESENTED FOR CONSIDERATION WAS A NOTICE OF INTENT BY MICHEAL GORMLEY AND A PLAN BY WITHMAN AND BINGAHM ASSOCIATES ENTITLED NOTICE OF INTENT SITE PLAN. Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municip al Bylaws a public meeting on a CONTINUED Notice of Intent by Michael Gormely for the restoration of the shoreline at 611 Reservoir 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 will be held in the Bilotta meeting room 17 Main St second Floor on October 17, 2018 at 7 PM. The public is invited to attend. Michael Gormley reviewed adjusted plans as requested by the commission along with a profile of the proposed wall. Cl and TD examined the plans and requested clarification of the wall and it was determined that there was no addition of impervious. RD examined the plans and determined that the sandy beach area was pre -existing. A motion ot approve an Order of conditions with the conditions the sandy area be sloped back towards the yard towards the lake was made by CL and seconded by KJ. The Commission voted unanimously. Current Business 1. Violations (Enforcement Actions and administrative hearings). - new (n) and continuations (c) 101 Pleasant Street – update- Cathal Brady appeared before the commission as the new property owner. He pledged to address the violations on the property and would have a new bond to the office by the end of the week. The Commission took no action pending the timely submission of the bond. EO Powell Stone and Gravel- Leominster Shirley Road – A letter from Brian Marchetti was submitted requesting more time due to a delay in the survey. He asked to be given until the November 7 meeting ===PAGE 3=== 55 Spring Street – MM still researching. Butterfly Lane- update on multiple NON’s _ MM is working with the homeowners on filings to aid the owners in coming into compliance. 155 Reservoir Road- Status of survey- Survey was in progress by Rose Land Survey. New Business – Consideration of approval by the commission for Commissioner Carl Luck to attend MMA meeting – with the Conservation Commission paying for half and the Sewer Commission paying for half –KJ moved to approve the expenditure. CC seconded and the commission voted unanimously. Forest Stewardship grants and planning. RD noted that there is a program that utilized stewardship and bird habitat planting and wished to pursue grant money from DCR for Hollis Hills. RB moved to pursue. KJ seconded and the commission voted unanimously. Old Business – Robbs Hill Conservation stewardship and maintenance plan – No action Land Exchange on Gilchrest –updates ( if any)- no action Certificates of Compliance – 380 Sunset (older order prior to Novak- previous owner, never executed), 950 Chase Road, Vivano 338 Sunset Lane- Certificates issued by commission with a motion of KJ and a second by CC with unanimous votes. ( note: Mr. Luck recused from 338 Sunset Lane) Extension Permit – none to present Minutes of previous meetings - review and approval of – August 15, 2018, Sept 5, 2018 ,Sept 19, 2018 & Oct 3, 2018 all minutes were approved as amended by a motion of RB and a second of KJ with a unanimous vote. Committee Reports – Any Updates Agents Report /Action Items :  Legal Updates and Requests / regulation review - Chase Road Rear  183 Hemlock, Update- the project is almost complete and appears well done  101 Pleasant Street – EO update – see abive  842R Chase Road – if any - none  Open space and land and Trail use issues and strategies /Open Space Plan renewal – no action needed  LSIC and Hickory hills management update (If any) – no action needed  155 Reservoir Road – see above  Shady Point- this issue and Emerald Place were discussed by the commission Cl had pressed for more action on this issue – he feels it is not sufficient to simply rake the beach and pull sand from the water. KJ, BP and TD voice disagreement and stated that this is the procedure agreed to with sandy beeches and they may not need to be monitored closely. MM recommended considering a general policy. RB noted that there needs to be a re-evaluation of emerald beech.  Emerald Place – see item above  Investigation of Fire Rd 24 B – update – MM noted Ken Chenis will be filing a Notice of Intent to remediate issues detected by MM on previous inspections as well as propose and expansion f his home  Misc. updates  Communications / public comment/ Meeting Schedule- Next meeting is November 7, 2018 at the Ritter memorial building 960 Mass Ave- 7:00 PM The meeting adjourned at 10:20 PM by a motion of KJ and a second by CC with a unanimous roll call vote. All documents cited above are available for review at the commission office.