===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 AND Executive Session 17 Main Street Bilotta Meeting Room 2nd Floor September 18, 2019 at 6:45 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. AGENDA In attendance: RB, TD, JR, CC- KJ came in at 8:10 PM Call to Order RB called meeting to order at 6:45 PM. TD moved to go into executive session for the reasons listed in the body of the agenda. CC seconded and the commission approved unanimously by roll call vote. The motion also included inviting MM as staff. 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 EXECUTIVE SESSION- under MGL ch 39 Section 23 B at 6:45 PM an executive session will be held with the commission reconvening back into public session for the following: To discuss strategy with respect to collective bargaining or litigation if an open meeting may have a detrimental effect on the government’s bargaining or litigating position 101 Pleasant To consider the purchase, exchange, taking, lease, or value of real property if such discussion may have a detrimental effect on the negotiating position of the governmental body. 61 a release. The meeting reconvened in public session at 7:05 PM Appointments/Hearings –commences at 7 PM CONTINUED FROM PREVIOUS MEETING: Pursuant to MGL ch 131, s 40 and Section 239 of Lunenburg General By -law ( Wetland Bylaw) , 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 ===PAGE 2=== 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 September 18 2019. The public is invited to attend. The hearing was continued until the next meeting by a motion of JR and a second by TD with a unanimous vote until the 10/2/19 meeting at 7 PM in the Ritter Building at Mass Ave. CONTINUED FROM PREVIOUS MEETING: 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. Applicati on and supporting documents are available for review at the Conservation Commission office by calling 9 78-582-4147 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 September 18 2019. The public is invited to attend. The hearing was continued until the next meeting by a motion of CC and a second by TD with a unanimous vote until the 10/2/19 meeting at 7 PM in the Ritter Building at Mass Ave. CONTINUED FROM PREVIOUS MEETING 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 September 18 2019. The public is invited to attend.. The Hearing was continued until the next meeting by a motion of JR and a second by TD with a unanimous vote until the 10/2/19 meeting at 7 PM in the Ritter Building at Mass Ave. CONTINUED FROM PREVIOUS MEETING 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 second floor 17 Main Street at 7 PM on September 18 2019. The public is invited to attend. (Patrick MCCarty representing) Patrick narrated the history of the supplemental information. He first reviewed the echo tech narrative. He reviewed the revised river front calculations He noted a 28% reduction overall in impervious area in the history of the site. He outlined the narrative of the redevelopment justification. He noted DEP indicated satisfaction with the narrative. He outlined the current proposal of the storage of materials including, Stone, hay and mulch. RB reviewed the history of storm-water calculations. MR. McCarty reviewed the parameters of the storm water modeling. Over land flow from wetland was also examined as it related to the proposed culvert. M.r McCarty outlined the illustrations. The 30 foot no touch zone totally being remediated will be shown on a plan and will be submitted. TD made a motion to approved tan Order of Conditions subject to the change agreed on the plan. CC seconded and the commission unanimously approved. CONTINUED FROM PREVIOUS MEETING Pursuant to MGL ch 131, s 40 and Section 239 of Lunenburg General By-law ( Wetland Bylaw) Greco Alonso has filed a Notice of Intent for the remediation of riverfront and buffer zone at 260 Fallualah R oad , Lunenburg and 100 Summer Street Lunenburg. Application and supporting docume nts 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 960 Mass Ave, Lunenburg at 7 PM on September 4, 2019. The public is invited to attend. ===PAGE 3=== The Hearing was continued until the next meeting by a motion of CC and a second by TD with a unanimous vote until the 10/2/19 meeting at 7 PM in the Ritter Building at Mass Ave. Pursuant to MGL ch 131, s 40 and Lunenburg Wetland Regulations section 335 , Shawn Farrow has filed a Request for a determination at 31 Round Road for the repair of a Boat ramp, addition of sand to an existing beach (not to expand) construct ion of retaining wall greater than 50 feet from Lake Shirley and a patio also 50 feet away from the lake but 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 second floor 17 Main Street at 7 PM on September 18 2019. The public is invited to attend. Shawn Farrow represented himself. RB requested certain preexisting items be memorialized Requesting Mr. Farrow document the historical walls and trees and mark the 100 foot buffer zone, mark on the plans the fact he needs 2 yards of sand. Sign and date the revisions. No public comment. The Hearing was continued until the next meeting by a motion of CC and a second by TD with a unanimous vote until the 10/2/19 meeting at 7 PM in the Ritter Building at Mass Ave. Pursuant to MGL ch 131, s 40 and Lunenburg Wetland Regulations section 335 ,Paula Halbedel has filed a Request for a determination at 127 Pleasant Street for the repair of a driveway 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 second floor 17 Main Street at 7 PM on September 18 2019. The public is invited to attend. Paula Helbedel- 127 Pleasant spoke to the commission about the work she is doing in the rear yard. Most of the work is done and the proposal was for the removal of some of her driveway off of the neighbor’s property and rebuild the wall and driveway closer to the house. RB requested a timepline to completion and was told Ms. Helbadel ‘s goal was to get it finished the fall of this year. The Commission requested a line of hay bales or straw wattles along property line. Motion for a negative with erosion protection as agreed by TD. JR seconded and the commission unanimously approved. The previous enforcement order was lifted by a motion of CC and a second by TD with a unanimous vote to approve.. Pursuant to MGL ch 131, s 40 and Lunenburg Wetland Regulations section 335 ,Susanne Delisle has filed a Request for a determination at 235 Island Road for Removal of six trees addition of understory plantings and removal of hazardous standing deadwood, removal of 500 ft.² of impervious surface, the replacement of 220 ft.² of impervious surface, the remainder to be replaced with the pervious surface. The replacement of failing steps and repair of walkway and the installation of a swimming pool 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 Bilotta Meeting room second floor 17 Main Street at 7 PM on September 18 2019. The public is invited to attend. The Hearing was continued until the next meeting by a motion of KJ and a second by TD with a unanimous vote until the 10/2/19 meeting at 7 PM in the Ritter Building at Mass Ave. Pursuant to MGL ch 131, s 40 and Lunenburg Wetland Regulations section 335 , The Town of Lunenburg and the Lake Shirley Improvement Corp has filed a Notice of Intent for the approval of a lake management program for 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 second floor 17 Main Street at 7 PM on September 18 2019. The public is invited to att end. ===PAGE 4=== LSIC Wendy Gendron- introduced herself to the commission reviewed some of the items of concern to the commission. RB spoke to the formulations of goals for the NOI . Wendy note that it was difficult to quantify and would work to at least come to a qualitative goal. If we can have some workshops from the commission , a certified applicator and someone from the LSIC and herself to talk about goals. TD noted about the table and the coding for species gained and lost. European Niad has apparently grown. It is an aggressive species. She expressed a concern about the loss of robins pond weeds. Generally resistant to herbicides so there may be something going on there. She acknowledged that the annual report can be refined to further elaborate on the species change and what may be going on in the pond. TD asked about expansion of the section of the NOI where some misidentification of generalization of the subspecies. She feels to be major specifics you will need a lot more than 68 points. RB asked if you, lost 40% of the plant species what would she recommend. She narrated the analytical method used. After further discussion TD motioned for a workshop meeting at the Ritter building on 9/25 at 7 PM with the hearing reconveni ng at 10/2/19 at 7 PM also at the Ritter Building. JR seconded and the commission unanimously. ENFORCEMENT Violations (Enforcement Actions and Administrative Hearings). - 1. Joel Swenson- 17 Ruth Street NON – ENF CASE 2019-14 Mr. Swenson appeared before the commission. It was noted as his current Order is still valid combine with the dock being a rolling structure, his plan could be hand drawn fo the doc location and signed off at the meeting and approve as field change. TD motioned to approve a s a field change. CC seconded and the commission approved unanimously. 2. EO- Emerald Place Beach- update (if any) none 3. EO -Shady Point-beach erosion ENF CASE 2019-7 – Removed by a motion of KJ and a second by CC with a unanimous vote to approve New Business - Chairman Public Apology – The chairman read to the public a written apology for previous matters, APR CONSIDERATION 411 & 490 Chase Road and 780 Northfield Road. The commission voted to support the APR by a motion by KJ and a second by CC. Chapter 61 Release Request 250 Howard Street After Consideration the Commission voted to release the lot form consideration by a motion of TD and a second by KJ. 842R Chase Road – Warrant Article – The commission had BP work with Heather Lemieux for a new wording to renew the approval by the town at town meeting to be submitted by 9/30/19 nothing has yet been submitted. REVISED REGULATION REVIEW IN ADAVANCE OF SECOND HEARING SCHEDULED FOR 10/16/19 The Commission reviewed language for vegetation removal and made a one sentence adjustment allowing for exclusion of exiting lawn and landscape from the definition. Old Business - Work at the Small Town Forest-Potential Site visit Response from NEFCO – No response with alternative dates. Forest Stewardship/Bird Habitat planning for 123 Hollis Road Conservation Area – updates if any Land acquisition proposal , Saliba , Northfield Road ( # 994) Certificates of Compliance – 208-671 16 Sandy Cove Road the certificate was approved by a motion of KJ and a second by CC. Extension Permit – 208-1064 LSIC/TOWN OF LUNENBURG LAKE SHIRLEY Withdrawn ===PAGE 5=== 208-1097- 101 Pleasant Street- Denied by a motion of KJ and a second by CC. Minutes of previous meetings - review minutes from 9/4 were approved by a motion of TD and a second by CC. Committee Reports – Any Updates Agents Report /Action Items :  Legal Updates and Requests / regulation review –( if any )  Open space and land and Trail use issues and strategies (if any) Sunset Stables requested annual ride through permission for Robbs Hill. Approved by motion of CC and a second by JR.  Hickory Hills general updates MM meeting at the lake concerning Chemical treatment and the dam.  Communications / public comment/ Adjourn/Meeting Schedule- Next meeting is October 2, 2019, at The Ritter Memorial Building 960 Mass Ave. The meeting adjourned by a motion of KJ and a second by CC at 10 PM. Note: All documents for hearings above are available for viewing at the commission of fice during normal business hours.