===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 Bilotta Meeting Room 2nd Floor 17 Main Street May 15 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. The agenda lists all the topics which may be discussed at the meeting and are those reasonably anticipated by the Chair. Votes may be taken as a result of these discussions. Not all items listed may in fact be discussed and other items not listed may also be brought up for discussion to the extent permitted by Open Meeting Law. Call to Order- Meeting called to Order by Mr. Dwyer presiding. All were present except RB, BP Announcements Public Comment MM spoke about a class on invasive he attended. He also noted the Johnny Appleseed 5th grade did the annual hatchling release in Lake Whalom at the town beach for the 4 th consecutive year. And this year the hatchlings were about 160, the most ever! Appointments/Hearings –commences at 7 PM 7 PM : (DEP 208-1158) 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 submitted by Joseph O’Brien for the construction of a single family home with garage 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 will take place at the Bilotta meeting Room 2nd floor17 Main Street at 7 PM. The public is invited to attend Jack Maloney reviewed revisions with the commission the changes the commission requested at the last meeting. Revised location of new dock and requested one pine to be removed. TD requested to leave roots in place on lakeside.CL reviewed the pre and post development grading. KJ moved for Standard OOC with the addition of a maple tree. Removal of one pine for the dock and no removal of roots .JR second and the commission voted unanimously to approve. ===PAGE 2=== (RDA) Pursuant to MGL ch 131, s 40 James and Jackie Favreau has filed a request for a determination of applicability for the placement of a 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 floor17 Main Street at 7 PM. The public is invited to attend APPLICANT REQUESTS A CONTINUANCE TO JUNE 19, 2019 The Commission voted to continue to 6/19 at the Bilotta meeting room. With a motion of TD and a second by CL with a unanimous vote. (RDA) Pursuant to MGL ch 131, s 40 Jon Hogue has filed a Request for a Determination for the demolition and rebuilding of a deck to single family home within the buffer zone at 15 Cliffview Terrace. 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 May 15 2019 at 7 PM. The Public is invited to attend TDasked if the applicant was not proposing new footings? He replied that there would be no new posts. TD shed for fire wood directly on pavement? The response was- Yes. JR. Noted safety issue on small lower deck. Did applicant want to add to it? The applicant noted the eventual plan is to hope to do it in 3 years. TD proposed re-decking and new posts on the deck if any new posts were need then he would need to come back. JR motioned for a negative 3determination. KJ second and the vote to approve was unanimous. (RDA) Pursuant to MGL ch 131, s 40 Dwight and Judith Davis has filed a request for a determination of applicability for the rebuilding of an in yard retaining wall within the buffer zone at 251 Prospect 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 will take place at the Bilotta meeting room 2 nd floor 17 Main Street May 15 2019 at 7 PM. The Public is invited to attend Mr. Davis represented himself. He showed photos to the commission of the small retaining area that was in the buffer zone.TD noted that one section of wattle should be placed on the lawn between the work and lake. TD moved for a negative. JR seconded ant the commission approved unanimously. (RDA) Pursuant to MGL ch 131, s 40 Kenneth Kohlstrom has filed a Request for a Determination for the addition of a deck to single family home within the buffer zone at 16 Ruth St. 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 2 nd floor 17 Main Street May 15 2019 at 7 PM. The Public is invited to attend Ken Kohlstorm represented himself and noted that one of the posts was 2 feet in the no touch zone as verified in the filed inspection. KJ preferred the deck behind the wall out of the 30 foot no touch zone. JR wanted trees replaced about 6 in total. TD recommended cutting stumps down to ground level. Applicant took plan and revised - labeled number 2 revised at meeting and signed. KJ moved to issue a negative determination, CC seconded and the commission voted unanimously. ===PAGE 3=== (DEP 208-XXXX) Pursuant to MGL ch 131, s 40 James H White has filed a Notice of Intent for cutting and stumping of trees within the buffer zone for an agricultural conversion to a farm field at 389 Page Street. Application and supporting document s 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 May 15 2019 at 7 PM. The Public is invited to attend 389 Page- Tom Christopher representing the applicant noted he was a beginning farmer and NRCS completed a farm home plan and NRCS did not know the requirement of filing for wetland/buffer zone for conversion. Tom noted the land was not classified as highly erodible. He noted NRCS erroneously did not include any mention of wetlands in the paperwork issued. TC noted no wetland filling and within buffer zone and in this case some of it was very close. There are stumps and wood chips all along the wetland and as a consequence wound up doing a makeshift erosion control. TC did tape measurements of the buffer zone and noted levels of encroachment. DEP Gary Dulmaine called and inquired as to why it got that far from the NRCS process. DEP wants to see one growing season and monitoring to prevent encroachment into the wetland. JR did they start clearing before the filing? Paper work was 3/6/2019. KJ asked about total acreage 1.9 total the wetland off the property bounds? TC feels it is right up to property bounds. Mark Raboin 395 Page St- having lived next door his fear is how they would water it. Tom Christopher noted that there was a well quote and it encouraged to use micro drip. KJ asked about the intention with the stumps? TC wants the applicant keep the stumps there for erosion control and “critter habitat”. William Hicks 381 Page Street- Trees cut down is the cart before the horse. Crack in the pavement stream runs around the house. Will it affect his well? Keith Giannini 383 Page his well has gone dry in July. CL moved to continue to June 5 at the Ritter building at 7 PM. CC Seconded and the commission unanimously approved the motion. (DEP 208-XXXX) Pursuant to MGL ch 131, s 40 John Harrison has filed a Notice of Intent for the reconstruction of a single family home within the buffer zone at 14 Sunset Ave. Application and supporting document s 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 May 15 2019 at 7 PM. The Public is invited to attend John Harrison noted the work would not expand the nonconformity 30 and 50 foot not landscaped and asked about plantings. After examining the Plans the commission requested that the retaining wall be added to the plan the amount of alteration in the restrictive 30 and 50 foot zones be quantified and a small rain garden area be added at the outflows. Cl moved to continue to June 5 at the Ritter Building at 7 PM. JR seconded and the commission voted unanimously. ===PAGE 4=== ENFORCEMENT 1. Violations (Enforcement Actions and Administrative Hearings). - 2. EO- 4 Townsend Harbor Road – Enforcement Conference case number ENF 2019-12 THIS CONTINUED FROM May 1, 2019 EO- 63 Prospect St. – Enforcement Conference case number ENF 2019-11 THIS CONTINUED FROM May 1, 2019 Amend the previous order for 19 trees 8 in the front by the wattles. Add the patio outside the 50 foot and have Ken Mattson construct the rain garden as discussed at the rip rapped outlet. JR moved to approve the changes. CC seconded and the commission voted unanimously EO -134 Crawford Street- Greco Alonso, Fitchburg Redevelopment Authority and MBTA- ENF Case 2019-3 3. Initial administrative hearing on enforcement orders. THIS CONTINUED FROM May 1, 2019 Updates on enforcement cases and status of timelines 4. EO -101 Pleasant Street – update/fines ENF CASE 2019 -6 THIS CONTINUED FROM May 1, 2019 The fines have stopped as the file is compliant with the bond. 5. EO - Powell Stone and Gravel- Leominster Shirley Road ENF CASE 2019-1 and 2019 -2 THIS CONTINUED FROM May 1, 2019 6. NON -155 -Reservoir Road- update from all parties regarding remedial work THIS CONTINUED FROM May 1, 2019 7. EO- Emerald Place Beach- update to be made for Spring 2019 THIS CONTINUED FROM May 1, 2019 8. EO -Shady Point-beach erosion ENF CASE 2019-7 – no update –ongoing THIS CONTINUED FROM May 1, 2019 New Business - New home owner notification policy discussion/feedback- The commission reviewed and approved the pamphlet Old Business - Land acquisition proposal , Saliba , Northfield Road ( # 994) no new tems Work at the Small Town Forest-updates ( if any) no new items Forest Stewardship/Bird Habitat planning for 123 Hollis Road Conservation Area – Updates (if any) no new items Discussion and updates of rules and regulations (if any) Certificates of Compliance – 208-0267- 336 Good Rich Street Approved by a motion a CL and a second by CC. Extension Permit – LSIC- Lake Management OOC – to be taken May 29, 2019 at the Ritter Building at 7 PM Minutes of previous meetings - review and approval of May 1 Committee Reports – Any Updates Agents Report /Action Items :  Legal Updates and Requests / regulation review –( if any )  ADA grant update ( if any)  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 June 5 at the Ritter Land Use building 960 Mass Ave Meeting adjourned at 8:40 PM by a motion of JR and a second by CC with a unanimous vote DOCUMENTS REFERENCED ARE AVAILIBLE AT THE COMMISSION OFFICE.