===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 Jeffrey Vivano, Associate member MINUTES 17 Main Street, Second Floor, Bilotta Meeting Room August 21 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 all members in attendance, along with staff MM and associate JV Announcements Public Comment Comments are to be limited to 3 minutes and on a subject matter under the direct jurisdiction of the commission. Comments about current agenda items are to be made during the comment period of the specific agenda item. Appointments/Hearings –commences at 7 PM Pursuant to MGL ch 131, s 40 and Section 239 of Lunenburg General By-law ( Wetland Bylaw) Jonathan Bartow has filed a Notice of Intent for upgrade of a septic system at 128 highland Street. 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 will take place at the Bilotta Meeting room second floor 17 Main Street at 7 PM on August 21 2019. The public is invited to attend Greg Roy as representative for 128 Highland Street – no public comments submitted or made at the hearing. Mr. Roy narrated for the commission, the details of the property and the location of the resource area in relation to construction. He noted that the system was located as optimally as the subsurface will allow. He outlined the erosion protection details. The leaching field is outside of the buffer zone and the tank and pump chamber is located within the buffer zone. There is no work within the 30 foot no touch zone proposed. RB asked about the existing tank. Greg noted it would be crushed and filled. There is no reserve area as it is a repair. JR asked when the driveway was put in. TD stated he was on the site and the driveway was there for a long time indeterminate. TD felt that the proposal was a marked improvement to existing conditions. JV asked if there was a well. GR noted no there is town water. A motion was made for a standard Order by CC with a second to the motion from JR. The motion was approved unanimously. ===PAGE 2=== Pursuant to MGL ch 131, s 40 and Section 239 of Lunenburg General By-law ( Wetland Bylaw) Richard Larochelle has file a request for a determination for the removal of 3 to four trees at 43 fire road 19 Lunenburg. 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 second floor 17 Main Street at 7 PM on August 21 2019. The public is invited to attend. MM and Mr. Larochelle outlined the trees slated to be removed and MM recommended that a shrub be planted as marked. Cl wanted 2 8 to 10 foot trees. MM recommend also 2 shrubs. A motion was made for a negative determination with the additional plantings by TD with a second by JR. The vote to approve was unanimous. Pursuant to MGL ch 131, s 40 and Section 239 of Lunenburg General By-law ( Wetland Bylaw) and Lunenburg Protective Wetlands By-Law, 40 John Harrison has filed a Notice of Intent for the construction of a single family dwelling and grading to accommodate a septic system at 915 Northfield 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 2 nd floor 17 Main Street August 21, 2019. The public is invited to attend John Harrison noted the location of the septic and as to why it was placed. He outlined the erosion protection and the value of the erosion protection. TD noted that the erosion protection would break the flow on the culvert. TD noted the grade was very gentle. The lot is mostly grass, and the fruit trees will not be touched. TD wanted to know if the outbuilding will come down. The answer was no. TD wanted to know where the quasit hut. RB asked if the wetland should have permanent demarcation. TD noted that it would be prudent. TD and RB wanted modifications on the plans showing the 30 and 50 foot no touch zones and a better location or locus plan showing orientation along with the addition of the quasit hut to the plans. A motion was made by KJ to continue to the September 4 meeting at 7 PM in the Ritter building. TD second and the commission unanimously approved the motion. Pursuant to MGL ch 131, s 40 and Section 239 of Lunenburg General By-law ( Wetland Bylaw) DPW has filed a Notice of Intent for the replacement of Culverts at Sunset Lane and Northfield 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 2 nd floor 17 Main Street August 21, 2019. The public is invited to attend. This was continued by a motion of KJ and a second by CC to allow time for the notification of abutters to the September 4 meeting at 7 PM in the Ritter building. Pursuant to MGL ch 131, s 40 and Section 239 of Lunenburg General By-law ( Wetland Bylaw) Allan and Chirstine Kullberg has filed a Notice of Intent for the Stabilization of a slope within the buffer zone at 380 Sunset Lane. Application and support ing 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 August 21, 2019. The public is invited to attend. CL noted he was not listed and he is an abutter. Cl recused from the matter. John Donoghue, representing the applicants outlined the history of the lot and the proposal and the spec ifics of construction. He outlined erosion control and stabilization protocol. RB made not of the blocks in at the lake bed and how it toes into the flood plain. It was noted that the blocks would be placed at flood plain level. The flared ends will also be at flood plain level. RB asked about the schedule of the erosion protection. It was noted that the work will be done at the drawdown. TD was pleased with construction at the lake bed. He asked about spoiling due to excavation. Representative noted it would be offsite. Negative Determination motion was made with the added condition MM to inspect erosion controls made by TD with a second JR . The vote to approve was unanimous – with CL abstaining. Pursuant to MGL ch 131, s 40 and Section 239 of Lunenburg General By-law ( Wetland Bylaw) Law Kenneth Trainque has filed a Notice of Intent for the expansion of a driveway and an addition to a single family home within the buffer zone at 320 Burr age Street. Application and supporting documents are available for review at the Conservation Commission office by calling 978-582- ===PAGE 3=== 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 August 21, 2019. The public is invited to attend. Steve Marsden representing the applicants outlined the proposed work. No trees to be removed and the driveway turnaround originally proposed was eliminated. Maryann Dipinto flagged the wetland. RB made note the 30 foot no disturbance zone needs to be re-established with a meadow mix and demarcate the boundary with boulders. A motion was made by CC to continue for lack of a DEP number to the September 4 meeting at 7 PM in the Ritter building. TD second and the commission unanimously approved the motion. Pursuant to MGL ch 131, s 40 and Section 239 of Lunenburg General By-law ( Wetland Bylaw) Roberts G. Evans has filed a Notice of Intent for installation of a retaining wall within flood plain 4 Sunset Lane. 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 second floor 17 Main Street at 7 PM on August 21 2019. The public is invited to attend. Nicholas Pauling from GPR ( hence referred to as GPR) outlined the file history and the notice of intent proposal of work. GPR reviewed the proposed work on the site plans as well as the existing conditions. The proposal is to replace the 2 walls within the exact same location. The difference in the plan is the stairs orientation as well as width. There is some change on flood plain. The numbers note that there is an increase of floodplain with compensatory storage. A catch basin and a secondary retaining wall to even out grading were also reviewed by the applicants’ representative. JR noted that 2 trees would be removed. GPR noted that the wall is being moved forward by the trees. RB noted that the commission would be seeking replacements. CL noted that the trees were providing a great value and requested that if the walls could be moved out farther in an attempt to prevent the removal of the trees. GPR agrees to examine this or a potential tree replacement plan. JV asked how far would the base of the tree is from the existing wall. GPR answered a wall block width. TD noted the root system would be below the existing wall. Andrew Storm noted the area of the proposed work that is in his property. He has not yet given permission and is in discussion with the applicant and GPR over the particulars. A motion was made by KJ to continue for lack of a DEP number and to have the issues with Mr. Storms property resolved, to the September 4 meeting at 7 PM in the Ritter building. CC seconded and the commission unanimously approved the motion. Pursuant to MGL ch 131, s 40 and Section 239 of Lunenburg General By-law ( Wetland Bylaw) Powell Stone and Gravel has filed a Notice of Intent for the grading and the installation of a culvert at 131 -133 Leominster-Shirley 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 floor 17 Main Street August 21, 2019. The public is invited to attend. Brian Marchetti appeared representing the applicant. The current survey and wetlands is current conditions timely. He outlined the current site conditions. He noted that 131 Leominster Shirley Road was purchased over the winter and 133 Leominster Shirley Road was purchased in 2012. 131 Leominster Shirley Road is proposing to even and expand grading to a 1:1 slope while remaining 75 feet away from the wetland resource area. On 133 Leominster Shirley Road, the expansion of the wetland resource area was outlined and based on prior discussion the proposal is to place a culvert to promote a hydraulic connection between wetlands. The invert would not be within the resource area however it will be within the 30 foot no touch zone. The culvert is to allow significant rainfall events to flow through and cease continued expansion. JV wanted to know if the culvert would dry out the wetland. Brian responded no. The hydraulic connection was examined by previous orthophoto (2008). The basin at 151 Leominster Shirley Road was also examined. KJ wanted to examine moving a portion of the berm. RB asked the commission concerning the 30 foot no touch zone and if restoration would be required. Brian Marchetti responded that it was the expansion of the wetland that caused it to go from the 50 to 30. The Commission indicated they wished to have the 30 foot restored. River front alterations were examined. It was noted the alterations were identical and impervious surface was reduced. RB requested amended NOI for river front numbers. A motion was made by TD to continue for lack of a DEP number and to have the issues outlined by RB resolved, to the September 4 meeting at 7 PM in the Ritter building. CC seconded and the commission unanimously approved the motion. ===PAGE 4=== Pursuant to MGL ch 131, s 40 and Section 239 of Lunenburg General By-law ( Wetland Bylaw) Greco Alsonso has filed a Notice of Intent for the remediation of riverfront and buffer zone at 260 Fallualah Road , Lunenburg and 100 Summer Street Lunenburg. 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 August 21, 2019. The public is invited to attend A motion was made by KJ to continue for lack of a DEP number and the applicants request, to the September 4 meeting at 7 PM in the Ritter building. CC seconded and the commission unanimously approved the motion. REGULATION REVISION The Conservation Commission will be holding a hearing for updating section 335 of the town by laws regarding the protection o f wetlands. Supporting documents are available for review at the Conservation Commission office by calling 978 -582-4146 ext 431 by appointment. Emailing a PDF is also an option on request by emailing lcc@lunenburgonline, the meeting is scheduled August 21, 2019 at 7 PM the Bilotta Meeting Room, Second Floor, Town Hall, 17 Main Street . The public is invited to attend.. RB read all items changed within the text of the regulations. BP had recommended changes due to Scribner’s errors. He also requested that the Administrators determination procedure be added to the txt for the next meeti ng. The definition of “Structure “was added to the text of the regulations. The commission will review all suggested changes at the September 4, 2019 meeting at 7 PM in the Ritter building at 960 Mass Ave. ENFORCEMENT 1. Violations (Enforcement Actions and Administrative Hearings). - 2. EO- 63 Prospect St. – Enforcement Conference case number ENF 2019- looking well done and waiting for the next growing season EO- 127 Pleasant Street ENF 2019-14 The owner appeared and the commission required a filing of a request for a determination. MM will assist. 3. EO- 4 Sunset Lane case number ENF 2019-13- see above 4. EO -134 Crawford Street- Greco Alonso, Fitchburg Redevelopment Authority and MBTA - ENF Case 2019-3 Initial administrative hearing on enforcement orders. See above Updates on enforcement cases and status of timelines. 5. EO - Powell Stone and Gravel- Leominster Shirley Road ENF CASE 2019-1 and 2019 -2 see above 6. EO- Emerald Place Beach- update (if any) no update 7. EO -Shady Point-beach erosion ENF CASE 2019-7 – no update –ongoing no update New Business - 1. Commission reorganization. A motion as made by JR to re-elect all the existing offices to the same positions. KJ seconded and the commission approve the motion by unanimous vote Old Business - Work at the Small Town Forest-updates ( if any) no update Forest Stewardship/Bird Habitat planning for 123 Hollis Road Conservation Area – updates if any Land acquisition proposal , Saliba , Northfield Road ( # 994) any KJ noted that the LANDS grant is submitted Certificates of Compliance – 208-1129 Certificate of Compliance 654 Mass Ave No action as commission will walk the site Extension Permit – 101 Pleasant Street – specific request for 1 year– No action taken 70 Oak Ridge Road – No action taken Minutes of previous meetings - review Committee Reports – Any Updates Agents Report /Action Items : ===PAGE 5===  Legal Updates and Requests / regulation review –( if any )  842R Chase Road – if any  Open space and land and Trail use issues and strategies (if any)  Hickory Hills general update on Dam project  Communications / public comment/ Adjourn/Meeting Schedule- Next meeting is September 4, 2019, location to be determined ( either at the Town Hall, 17 Main Street bilotta Meeting Room 2 nd Floor or at the Ritter memorial building,960 Mass Ave, Lunenburg, MA). The meeting adjourned by a motion of KJ and a second by TD with a unanimous vote to approve at 10:20 PM. The next meeting was clarified to be at the Ritter Building on September 4, at 7 PM