===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 March 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/Video Recorded. AGENDA Call to Order Vice Chair Dwyer presiding with all members present except JR. AS Chair Bursch participated remotely all votes taken were by roll call only. Announcements Tom Bertram- 312 TH road informed the commission that there will be a MASS COLAP meeting is April 12, 2019 noted storm-water was going to be heavily stressed. Public Comment CL spoke to the commission about the use of adding adjacent upland resource area as a means of extra buffer protection.MM noted there is merit in the idea as he has seen it used in other communities of similar size. He mentioned Bolton as an example of a community close to Lunenburg that currently has that as part of their by-law Appointments/Hearings –commences at 7 PM 7PM : 141 Hemlock – Enforcement Conference case number ENF 2019-8 The Commission reviewed the site visit with Mr. Nault there was clarification of what was allowed by the commission for work on the drawn down shore line. As there were no furthe r issues, the commission considered the matter closed. Documents presented for consideration was a DEP form 1 and a plan by Rose Land Survey with a plan dated 3/6/19. Pursuant to MGL ch 131, s 40 John Harrison has filed a request for a determination of applicability for the placement of a 1 6 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 Bilotta meeting room 2nd floor 17 Main Street at 7 PM on March 20, 2019 .THIS IS A CONTINUED MEETING FROM March 6, 2019 – The public is invited to attend Tina Harrison was present to represent her and her husband. Cl had mentioned maybe adding length to the stairs proposed to allow for reduced traffic between the stairs and the dock. The Commission decided as the stair case was designed to be placed on the ground and removable, and there was not going to be much traffic, changing the proposal was not necessary. It was clarified that no vegetation clearing on the remainder of the lot was allowed under this determination. RB noted the stairs c an go in April 1 and removed October 15th. BP moved to issue the negative determination with the condition of the stairs RB had outlined. CL seconded and the commission unanimously approved by roll call vote. ===PAGE 2=== DOCUMENTS PRESENTED FOR CONSIDERATION WAS A NOTICE OF INTENT AND A PL AN ENTITLED “ REVISED SHEET 4 OF SITE PLAN” WITH A FINAL REVISION DATE OF MARCH 19, 2019 ( DEP 208-1154)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 Bilotta meeting room 2nd floor 17 Main Street at 7 PM on March 20, 2019 .THIS IS A CONTINUED MEETING FROM March 6, 2019 – The public is invited to attend Kim , representing K & E Realty reviewed the new plan showing all structures are on pavement. The dumpsters have been moved and the restoration area is outlined on the plan. MM recommended to have the restoration completed first.KJ moved to issue and Order of Conditions with MM’s addition CL seconded and the commission voted a roll call unanimous approval. DOCUMENTS PRESENTED FOR CONSIDERATION WAS A NOTICE OF INTENT AND PLAN FOR BRIDGE CONSTRUCTION BY CHRISTOPHER ENVIRONMENTAL WITH A FINAL REVISION DATE OF MARCH 13, 2019 (DEP 208-1152) Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing for a Notice of Intent by Steven Violette for repairs of a roadway and reconstruction of a bridge de ck at 181 Kilburn 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 emailinglcc@lunenburgonline.com. the meeting will take place at the Bilotta meeting room 2nd floor 17 Main Street at 7 PM on March 20, 2019 .THIS IS A CONTINUED MEETING FROM December 19, 2018 – The public is invited to attend Tom Christopher reviewed the previous meetings concerns. He had the entire bridge redesigned to make it larger and set the distance away from the edge by 10 feet. The number of steel spans have been reduced to 3 and are using stronger material. TD agreed the new design would not affect the existing bridge negatively. Tom doesn’t see the need for the old bridge to be removed. KJ moved to approve and issue a standard Order.CL seconded and the commission voted unanimously to approve the motion by roll call vote. Tom noted as an aside that there is a barn to be constructed on the property that will be well away from the d-basin and the buffer zone for food safety ( new requirements for washing food indoors for sanitary conditions). Tom will inspect the stakes of the building foot print. To ensure erosion protection is established if necessary. DOCUMENTS SUBMITTED FOR REVIEW AS A NOTICE OF INTENT AND A PLAN ENTITLED SITE DEVELOPMENT PLAN WITH A FINAL REVISION DATE OF March 12, 2019 (DEP 208-1155) 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 Bilotta meeting room 2nd floor 17 Main Street at 7 PM on March 20, 2019 .THIS IS A CONTINUED MEETING FROM March 6, 2019 – The public is invited to attend Brandon Smith-appeared for Borrego and reviewed comments from DEP and noted the changes to the plan and repoonses to DEP .MM recommended the use of a 50/50 wildflower mix and a third party inspector be retained for the Town’s use.which was agreed to by the applicant.CL moved to issue with the additional conditions that MM noted. KJ seconded and the Commission voted unanimously by roll call vote to approve the motion. ===PAGE 3=== Documents presented for consideration was a Notice of Intent and a plan by Hannigan Engineering entitled “ Site Development Plan” dated 2/12/19 ( DEP 208-xxxx )Pursuant to MGL ch 131, s 40 RCL Realty Trust II, Renee Bagley Trustee, has filed a request for a Notice of Intent for the Construction of a single family home at 150 Cross Road within the buffer zone of a Wetland Resource Area. 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 March 20, 2019 The public is invited to attend. Chris Anderson from Hannigan Engineering represented the owner. BP and TD were concerned about the slope and recommended having a manicured landscaped out of the 50 foot zone. Todd asked for clarification about the siting of an E1 sewer line . The applicant explained the sewer line would cross the 50 foot zone would be post construction revegetated as upland forest. Chris use wildlife mix which the commission was in agreement with. RB examined grading for drainage and the applicant agreed to re-pitch drive to slow runoff down and will try to adjust grade 109 (contour on plan) to slow water down a little more. The agreed to survey locate the erosion protection prior to work on trees being removed. A motion with the aforementioned additional conditions being added to approve an Order of Conditions by KJ and a second by BP with a unanimous roll call vote by the commission approving the motion. (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 meeting will take place at the Bilotta meeting room 2nd floor 17 Main Street at 7 PM on March 20, 2019 .THIS IS A CONTINUED MEETING FROM March 6, 2019 – The public is invited to attend CONTINUED BY APPLICANTS REQUEST TO APRIL 3, 2019 at 7 PM 960 Mass Ave by motion of KJ and a second by CC. The commission voted a roll call unanimous approval ENFORCEMENT 1. Violations (Enforcement Actions and Administrative Hearings). - 2. EO- 63 Prospect Street- EFN case 2019-10, Conference with owner- New Case Nick Raineri the new owner appeared before the commission and noted storm had tree branches down and some of the trees were dead to begin with, . MM reviewed the initial Order has there was cutting evident within the established 50 foot no touch zone mandated by the prior commission approval. The Commission set a site inspection date of March 30, 2019 at 9 am to review the property. EO -134 Crawford Street- Greco Alonso, Fitchburg Redevelopment Authority and MBTA - ENF Case 2019-3 Initial administrative hearing on enforcement orders. CONTINUED FROM March 6, 2019 Updates on enforcement cases and status of timelines EO -101 Pleasant Street – update/fines ENF CASE 2019 -6 THIS CONTINUED FROM March 6 2019 MM noted the case will be heard on March 27 at district court in Fitchburg and will update the commission as events occur, EO - Powell Stone and Gravel- Leominster Shirley Road ENF CASE 2019-1 and 2019 -2 THIS CONTINUED FROM March 6, 2019- MM noted that he understood the DEP was meeting with Mr Powell on March 21 for an enforcement conference. NON -155 -Reservoir Road- update THIS CONTINUED FROM FEB 20, 2019 EO- Emerald Place Beach- update to be made for Spring 2019 THIS CONTINUED FROM March 6, 2019 EO -Shady Point-beach erosion ENF CASE 2019-7 – no update –ongoing THIS CONTINUED FROM March 6, 2019 New Business - Land acquisition proposal , Saliba , Northfield Road ( # 994) ===PAGE 4=== Old Business - LSIC- Draft Order of Conditions Discussion- A Clean copy of the Order will be issued to all parties to discuss at the April 3, 2019 meeting Work at the Small Town Forest-updates ( if any) MM noted he is awaiting for the weather to break to have DPW go on the site with him for ADA work Forest Stewardship/Bird Habitat planning for 123 Hollis Road Conservation Area – Update regarding second draft and presentation for April meeting. MM noted that Gary wil be on a site walk for the public on April 13 at 9 Am and the meeting on April 17th. The were still awaiting to hear from Jeff Ritterson form Mass Audubon as to his status. Discussion and updates of rules and regulations (if any) Certificates of Compliance – None to present Extension Permit – LSCI 208-1064- The extension was granted to June 6, 2019 by motion of BP with a second by KJ and a unanimous roll call vote to approve the motion. Minutes of previous meetings - review and approval of February 20 and March 6, 2019 Minutes were approved with an amendment by RB to March 6, to change the mention of Brandon Kibbe’s work with the Selectmen as future tense as no meeting had happened at that point. The minutes with the amendment was approved by a motion of BP and a second by Cc with unanimous roll call vote to approve. Committee Reports – Any Updates BP informed the commission of the possibility of utilizing the 8 hours of free time from MRPC towards the completion of trail map development. Agents Report /Action Items :  Legal Updates and Requests / regulation review –( if any ) ADA grant update ( if any) MM noted he is awaiting for the weather to break to have DPW go on the site with him for ADA work  183 Hemlock, Update to be made in spring  842R Chase Road – if any  Open space and land and Trail use issues and strategies (if any)  LSIC and Hickory Hills general update (If any)  Communications / public comment/ Adjourn/Meeting Schedule- Next meeting is April 3, 2019 at 7:00 PM in Ritter Memorial Building 960 Mass Ave The meeting was adjourned at 9:38 PM with a motion from BP and a second by CC and unanimous roll call vote to approve the motion.