===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 Town Hall, 17 Main Street, 2nd floor meeting room February 20 2019 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 opened the meeting with all in attendance except KJ. Announcements Public Comment Appointments/Hearings –commences at 7 PM Pursuant to MGL ch 131, s 40 John Harrison has filed a request for a determination of applicability for the placement of a 16 by 4 rolling dock at 205 sunset lane within the buffer zone of Lake Shirley. 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 take place at the Billotta Meeting Room, Town Hall, 2nd Floor 17 Main Street at 7 PM on February 20, 2019 The public is invited to attend. John Harrsion: continued until March 6, 2019 by a motion of TD and a second by CC with a unanimous vote. ( DEP 208-xxxx )Pursuant to MGL ch 131, s 40 ,K & E Realty Trust has filed a Notice of Intent for the construction of an addition to a commercial building ( Asian Imperial ) within the buffer zone at 5 Electric Ave. Application and supporting documents ar e 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 take place at the Billotta Meeting Room, Town Hall, 2nd Floor 17 Main Street at 7 PM on February 20, 2019 The public is invited to attend. Pete Pelletier, Pelletier brothers and Kevin Sidleau. CL was waiting for an updated plan needing additions dumpsters for recycling and grease trap. TD noticed that some of the expansion was within non impervious. CL noted the dumpster was on the gravel trap rock area and was concerned about the amount of activity. He wanted to know if there was another way the proposal could be reconfigured. MM noted that the inside of the restaurant was stated by the owner as an issue and could be examined. The size of the freezer being shrunk down could be considered. ===PAGE 2=== The Commission expressed a desire to move pad out of the 30 foot, add dumpsters and relocated structures in better detail on the plans. JR noted that he would like to see the structure out of the 50 foot zone. Kevin Sidleau noted they would be willing to place it out of the 30 foot zone into the new parking lot; it could be fenced off . Continued to March 6, 2019, 7 PM at the Ritter Building at Mass Ave by a motion of TD. CC seconded and the vote was unanimous to approve the motion. (this is with consent of the applicant) (DEP 208-xxxx) Pursuant to MGL ch 131, s 40 as Borrego Solar Systems for the construction of a 2.26 Mega Watt Facility at 190 Electric Avenue within the buffer zone. 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 take place at the Billotta Meeting Room, Town Hall, 2 nd Floor 17 Main Street at 7 PM on February 20, 2019 The public is invited to attend. Brandon Smith representing Borrego Solar is proposing a 2 MW solar facility. The site walk was the previous Saturday with the Planning Board. He noted it was a wooded lot with fencing. There will be no working within the 30 foot buffer zone and some limited tree clearing. There is a small stream crossing proposed over an existing timber matting. It is slightly less than 100 square feet and there is replication proposed with a 2 to 1 requirement. There is a smaller wetland down stream that is not having any work within 50 feet of it proposed. A Pollinator mix was proposed for outside of the array. MM recommended a white clove and fescue 50/50 mix. TD expressed that he would like to see a vegetated buffer in the southwest corner by the wetland area. Abutters to the project indicated a desire to see a vegetative buffer. It was noted that the DEP number has not been issued. Continued to March 6, 2019 at 7 PM in the Ritter building with consent of the applicant by a motion of JR.TD seconded and the commission voted unanimously. (DEP 208-1150) Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a CONTINUED Notice of Intent by Nanci Bell for the replacement of an existing retaining wall at 51 Fire Road 19. 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 public is invited to attend the meeting, scheduled for February 20, 2019 in the Town Hall, 17 Main Street, 2nd floor meeting room. Continued to March 6, 2019 at 7 PM in the Ritter Building ( with consent of the applicant) with a motion of JR.TD seconded and the commission voted unanimously. ===PAGE 3=== Documents considered by the commission was a request for an amendment narrative and supplemental plans with a final revision date of February 20, 2019 Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a CONTNUED Notice of Intent by Daniel and Jean Proctor for the amendment of an existing Order of Conditions DEP 208-1121 at 380, 390 and 400 Electric Ave for the relocation and construction of a new building with parking and vehicle maneuvering areas added. Application and supporting documents are available fo r 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 for February 20, 2019 in the Town Hall , 2nd floor meeting room , 17 Main Street on at 7:00 PM.. The public is invited to attend. Greg Roy appeared with Dan Proctor for the continued amendment. Planning Board public hearing was opened on Monday. No significant issues were identified and they did respond to the comments of the reviewing engineer. Supplemental plans submitted were reflective of both boards concerns Mr. Roy passed out. DEP concerns and commission concerns regarding the impacts to river front were examined. Storm water standards were also reviewed. The O& M plans were updated to reflect the adjacent proposed development at 400 Electric. It was noted that the 80% standard was met. Sewer commission changes were examined as well as responses to peer reviewed comments. CL noted floor drains are not going into a tight tank as previously discussed and is going instead into an oil and grease trap system that will go into the sanitary sewer. CL noted that the building is in the riverfront and wondered why the building couldn’t be moved out. Dan Proctor noted the building is in the current location to allow for Handicap access and parking is in the front of the area instead of the rear closer to the wetland resource area. RB expressed that he feels that the green space areas expanded in total sum is a marked improvement over previous site conditions. RB asked about the construction schedules. It was noted that it would commence as soon as all approvals were contained. Motion to approve amendment with additional condition that all erosion stay in place through construction of the gas station by motion of TD and second by JR 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 hearing on a CONTUNED Notice of Intent by NJLJ properties for the re-development of an existing retail site to construct fuel dispensing area, convenience store and drive thru donut shop within the buffer zone of a wetland resource area at 400 Electric Ave. 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 for February 20, 2019 in the Town Hall , 2nd floor meeting room , 17 Main Street on at 7:00 PM.. The public is invited to attend. Hearing Continued to March 6, 2019 at the Ritter Building by request of the applicant. by TD which was seconded by CC with a unanimous vote to approve. ENFORCEMENT 1. Violations (Enforcement Actions and administrative hearings). - new (n) and continuations (c) ===PAGE 4=== EO -101 Pleasant Street – update/fines ENF CASE 2019 -6 MM noted fines continue to accumulate. The magistrate has set a hearing concerning the first 25 tickets issued for the end of March. Town Counsel will attend with MM. EO - Powell Stone and Gravel- Leominster Shirley Road ENF CASE 2019-1 and 2019 -2 EO -55 Spring Street- update By Steve Marsden – MM noted this is on the next agenda NON -155 -Reservoir Road- meeting with the residents EO- Emerald Place Beach EO -Shady Point-beach erosion ENF CASE 2019-7 – MM noted he met with the owner and the owner is expanding an earthen berm that MM found to be effective , however, it wasn’t long enough to be fully effective and instructed the owner to expand as soon as weather started to b reak further into spring conditions. New Business – Change in Wetland regulations to add a 5% fee for online files (Continued as new business ) MM and RB discussed with the commission the language and were in the regulations to insert them. The concept for the language was approved by a motion of CL and a second by CC with a unanimous vote to approve. Neil Gorman, David Ross and Associates, Land acquisition proposal , Saliba , Northfield Road ( # 994) Neil Gorman came in from David Ross to represent John and David Saliba. He outlined the site of a 258 acre property owned by his clients. He also pointed out land marks within and around the property. He also pointed out connections and potential connections to other town lands. Members of the commission expressed interest in obtaining a large parcel of land for connectivity to other town lands. Jassy Bratko of the NCLT noted that this area was listed as prime habitat under the biomap. Commission will examine alternatives and continue to pursue . Old Business - LSIC- Draft Order of Conditions Discussion-update ( if any) Work at the Small Town Forest-updates ( if any) Forest Stewardship/Bird Habitat planning for 123 Hollis Road Conservation Area – Updates If any. Discussion and updates of rules and regulations (if any) Certificates of Compliance – Extension Permit – Minutes of previous meetings - review and approval of January 16, 2019 & February 6- no action taken Committee Reports – Any Updates Agents Report /Action Items :  Legal Updates and Requests / regulation review –( if any )  ADA grant update MM reported that the grant is in effect and that the small town forest completion was the first step.  183 Hemlock, Update to be made in spring  101 Pleasant Street – EO /fine update  842R Chase Road – Heather Lemieux had emailed an update that Town Counsel was still pursuing deed issues.  Open space and land and Trail use issues and strategies (if any)  LSIC and Hickory Hills general update (If any)  Misc. updates  Communications / public comment/ Meeting Schedule- Next meeting is March 6, 2019 at 7:00 PM in the Ritter memorial Land Use Building 960 Mass ave