===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 2nd Floor Bilotta Meeting Room October 16, 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 The meeting was called to Order at 7 PM. CC arrived at 7:20 PM. All members in attendance, with RB and JR participating remotely- therefore all votes listed in the minutes are by roll call only. Announcements Public Comment Appointments/Hearings –commences at 7 PM Pursuant to MGL ch 131, s 40,and Lunenburg Wetland Bylaw section 335 , Beauchmin Builders has filed a request for a determination for the installation of a driveway and water and sewer service lines at the outer edge of the buffer zone at 238 Prospect Street and a rolling dock on the waterfront of lake Whalom. 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 17 Main Street 2 nd Floor Lunenburg at 7 PM on October 16, 2019. The public is invited to attend. Tim Beauchmin represented himself. He outlined the proposed work and its relationship to the buffer zone. There is also a doc he wishes to place on the lot across the street. TD noted that there was a gate on the property. Mr. Beauchmin indicated he will put in a new gate and likely a new section of fence. TD asked the applicant about the trees on the street line at prospect street. Mr. Beauchmin indicated that he will only clear what is needed. RB indicated that he felt 8 feet width was too wide. It was agreed to reduce the dock to the four feet width of vegetation. He also agreed to replace any trees cut. BP indicated due to the tires at the bottom of the dock, 4 feet may not be wide enough as the tires are a little wider. After closer examination it was determined 4 ===PAGE 2=== feet was wide enough. The public had no comment. A motion for a negative determination was made by CL and a second by TD with a unanimous vote to approve. Note CC appeared at the end of the hearing and was not able to participate Pursuant to MGL ch 131, s 40,and Lunenburg Wetland Bylaw section 335 , James and Joann Lavoie have filed a request for a determination for the installation 10 feet of retaining wall and a repair of 8 feet of dock retaining wall at 152 Flynn 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 em ailing lcc@lunenburgonline, the meeting will take place at The Bilotta meeting room 17 Main Street 2 nd Floor Lunenburg at 7 PM on October 16, 2019. The public is invited to attend. James Lavoie appeared on his own behalf and outlined the project and the deficiency in the wall. The wall will be rebuilt 0nly a six foot section to correct the deficiency causing it to collapse. The second part of the proposal will call for large rocks to stabilize an area of the slope from the top of his rear yard down the section of slope going to the exiting dock. The rocks will generate stabilization. It was agreed extending the retaining wall would be removed from the request. The third section is a large pine that was struck by lighting and will need to come down. JR requested that the stump be left in place and only ground. The applicant stated that was his intention. JV asked if the wall will be a one day job to replace the section of the wall. The applicant noted he will have to add new loom and seed to replace area that died. CL indicated that he was pleased that the rock used for stabilization is being used. CL requested the plan concerning the boulders be updated. The applicant hand updated and singed the update. CL moved to issue a negative determination and the motion was approved unanimously. 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 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 October 2, 2019. The public is invited to attend. John Harrison appeared and it was noted that all concerns were satisfied. RB wanted to note in the Order of Conditions that the driveway was not to traverse into the 50 foot zone. A motion was made to issue an Order of Conditions that the driveway was not to go into the 50 foot zone by KJ. CC seconded and the commission noted unanimously. 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 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 October 2, 2019. The public is invited to attend. DPW Still has no DEP number. Continued to November 6 at the Ritter Building at 7 PM by a motion of BP and a second by CC with a unanimous vote to approve. ===PAGE 3=== ONTINUED FROM PREVIOUS MEETING Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public meeting on a Notice of Intent by Nanci Bell for the replacement of an existing retai ning 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 Ritter memorial Land Use Building at 960 Mass Ave. the meeting will take place at 960 Mass Ave, Lunenburg at 7 PM on October 2, 2019. The public is invited to attend. The new plans were examined. RB stated the marking of a material piles should be on the plans and a narrative outlining only sections of the wall over the winter. It was stated that the footing under the current wall will be left in tact and the replacement wall located on it. Any impact to the significant vegetation at the wall will be remediated. At CL’s requested dimensions from the house to the wall will be added to the print. Continue to November 6 at 7 PM. Motion by KJ and a second by CL with a unanimous vote to approve. 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 960 Mass Ave, Lunenburg at 7 PM on October 2, 2019. The public is invited to attend. Letter from GPR requesting a continuance while negotiating with the Storm family. Continued to November 6 at the Ritter Building at 7 PM by a motion of BP and a second by CC with a unanimous vote to approve. 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 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 960 Mass Ave, Lunenburg at 7 PM on October 2, 2019. The public is invited to attend. William Hannigan was present to represent the applicant. He outlined the history of the violation. The Leominster Conservation Commission was notified and they will work to echo the towns Order of Conditions. He outlined the construction of the original building and lot was prior to the river protection act. Mr. Hannigan then proceeded to exhibit historical ortho photos outlining the work that was completed prior to the river protection act and after the enactment of the river protection act. He also outlined the ownership history as part of the work has been completed on the FRA land and the MBTA property directly adjacent. Mr. Hannigan noted that the current principle business is replacement of manhole structures for Mass Highway. The site is currently used for old manhole product storage. The applicant is still in negotiations with the FRA on purchasing a section of the property. The Mean annual high water mark and wetland delineation was marked by Charles E. Caron Environmental. The proposal is to first install the erosion control and take the grindings and storage containers out and re-established. The area closest to the brook is proposed to be restored first as a priority. Mr Hannigan outlined the remaining approach to the wetland restoration. Mr. Hannigan noted that the redevelopment authority is in agreement with the restoration proposal. He outlined the total restoration. The FRA would eventually will move to develop the property and firming the riverfront numbers now could be useful to both the commission and the FRA in the future. ===PAGE 4=== Mr Hannigan reviewed the construction and mitigation sequence. He also proposed an invasive management. He also outlined the waivers to be requested. Mr Hannigan noted that a second NOI finishing the riverfront restoration phasing will be filed with FRA. BP wanted clarification as to who’s property the work is on. Mr. Hannigan outlined the property owners and signatories. JR asked about storage of fuel or hazardous chemicals in the two huts. The applicant indicated there are none stored in the huts. MM confirmed that he inspected the property and can verify there is none. RB inquired about timelines of phase one and phase two. He also inquired about the berms and why it would stop at a certain section of the properties edge. The MBTA owns the property and Mr Hannigan did not extend the berm onto it, however he will ask for the for permission. TD noted the final planting plan is proposed to happen during construction. TD requested if a draft planting plan could be drawn as a draft. Mr. Hannigan outlined Chuck Caron’s procedure. RB suggested a site walk. The date would be November 2 at 9 AM. TD noted that for the next meeting a draft planting plan and the results of the conversation with the MBTA regarding the construction of berm. Motion to continue to November 6 at 7 PM at the Ritter building at 960 Mass Ave by KJ and a second by Cl with a unanimous vote to approve. CONTINUED FROM PREVIOUS MEETING 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 960 Mass Ave, Lunenburg at 7 PM on October 2, 2019. The public is invited to attend. Mark Bursch representing the applicant, outlined the site walk results. TD outlined his understanding of the reconfiguration. He noted the enclosed area originally proposed moving most of the work outside the 50-foot zone. He noted that the pool was outlined on the property and was outside the 50-foot zone. It was also noted that the impervious surface would be removed. BP recalled his site visit to the property and indicated he felt there was a net gain of new pervious surface. He also had no objection to removal of the trees. The applicant is willing to replace the trees with low shrubs. The locations of the 30 foot and the 100 foot should be added to the plans and the commission requested to not have any work in the 30 foot. A motion was made to continue to November 20, 2019 at the Bilotta meeting room 17 Main Street at 7 PM. The applicant will have plans prior to the site walk on 11/16/19 by Cl with a second by BP with a unanimous vote to approve the motion. CONTINUED FROM PREVIOUS MEETING 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 960 Mass Ave, Lunenburg at 7 PM on October 2, 2019. The public is invited to attend. ===PAGE 5=== Wendy Gendron participating by remote. TD outlined the comments that were submitted by Ms. Gendron. The items were reviewed line by line and the items discussed only are in these minutes. RB and TD reviewed and made language suggestions to the second paragraph of the Local Boiler. In Item 2 CL suggested adding dam gate settings to the line. BP noted that it was discussed at the last meeting and the commissioners did not endorse the change. CL noted there was no vote, so he was bringing it back up. He pointed out that the relative information generated is also performed by the town dam keepers and it could be easily added. KJ noted regardless the data is public record. CL noted it was important to determining ice blockage of the gates. TD agrees with BP and the data is still obtainable. RB noted that stream flows are required to maintain a stream flow as required under the GEIR. Joanna Bilotta expressed a concern that the dates from October 1 to April 15 and is concerned that in the winter is impassible. KJ noted that if the setting isn’t changing then they wouldn’t need to go to the gate house. The parties agreed that it would be noted in the log. CL expressed having a December 31 deadline for the drawdown instead of December 1. BP goal of the drawdown is weed mitigation. The target is to have it drawn by December 1 to give it the time to have the bottom exposed to freezing temps. CL reiterated if left at December 1 and the rain is above normal they may need extra time. Attorney Bowen noted that it was his opinion there was comments submitted by LSIC and the procedure was clarified. Steve Bean asked about the extended drawdown times and clarified the language of the GEIR. RB expressed concern that a waiver to the 31st should be sought . It was agreed that the waiver would include coordination to the 31st between the commission administrator and DEP. JR asked how often the oxygen would be read in the winter. It was indicated that it would be once. Joel Swenson noted that as one of the volunteer indicated that winter testing was not desirable. CL requested that an additional condition be added that the lake can be drawn down 2 feet if there is open water during drawdown and the target level is not achievable by the approved deadlines. RB noted that a drawdown could be handled as an emergency certification per DEP. It was decided this would not be added. In line 5 the section added for remote participation was not necessary and will be removed. Item 7 RB expressed concerns about removing the prescriptive approval if the LCC agent is non responsive. Annual reporting CL asked for lake level data be added to the report. The word data was added to the line. Item 3 regarding the third party review may be required for a peer review. LSIC proposed striking it. TD read the justification by LSIC for their request . the suggestion that the item in line 4 language be added that an independent contractor other than the treatment applicator perform the post treatment survey and prepare the annual report and the annual report prepared by December 15 or the next business day. ===PAGE 6=== CL and RB expressed concern about item 6 allowing the commission. CL noted that similar language in similar language in Harvard. Attorney Bowen reviewed the bylaw and the commission indicated they had no objection and added the public hearing bylaw language regarding the LCC ability and process for changing the Order at any time.. CL moved to issue an OOC based on the amended boiler. CC seconded and the commission voted unanimously. Conservation Commission will be holding a hearing for updating section 335 of the town by laws regarding the protection of 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 October 16,2019 at 7 PM the Bilotta Meeting Room, Second Floor, Town Hall, 17 Main Street. The public is invited to attend.. The Commission reviewed the last minor change and requested public input. As there was none, BP motioned to approve and issue the revised regulations to the town clerk for publication. KJ seconded and the commission unanimously by roll call vote approved the motion. ENFORCEMENT Violations (Enforcement Actions and Administrative Hearings). - 1. EO-110 Fire Road 12 ENF 2019-15 Larry Oulette appeared before the commission and the previous Saturday site walk was reviewed by TD, and MM. The owner will pay an office visit to MM who will assist with the process of filing a request for a determination outlining all of the recommended work. The Commission allowed the cleanup work to continue with a motion by KJ and a second by BP with a unanimous vote to approve by roll call vote ratifying the enforcement order. 2. EO- Emerald Place Beach- update (if any) 3. ENF 2019-16 Town of Lunenburg- Tom Alonso of the Board of Selectmen appeared and MM informed him there was an illegal parking lot paved next to the wetland on town property at Fire road 12. He wil be sending and enforcement order. Mr. Alsonso noted that the BOS will address this issue with the resident(s) responsible. The enforcement Order was ratified by a motion of BP and a second by Cl with a unanimous roll call vote approving the motion. New Business - Commission approval of Funding for attendance at trails conference. The 40 dollars of funding was approved by a motion of CL and a second by CC with a unanimous roll call vote to approve the motion. Old Business - Work at the Small Town Forest-Potential Site visit Response from NEFCO - NO UPDATE Forest Stewardship/Bird Habitat planning for 123 Hollis Road Conservation Area – updates if any NONE Land acquisition proposal , Saliba , Northfield Road ( # 994) MM requested permission from the Con Com to use the trust finds to pay for the appraisal. KJ moved to approve the use of the trust funds using the smaller amounts first. CC seconded and the commission voted unanimously ===PAGE 7=== Certificates of Compliance – Butterfly Lane Lots 1,3,7 and Road The Commission approved the issuance for the lots by a motion of KJ and a second by CC with a unanimous vote to approve. CL requested a site walk for the roadway certificate to which will be considered on the next agenda. The consensus was to include it on the list for the November 2, 2019 site walks Extension Permit – Hickory Hill Lake management Order of Conditions – to be considered on November 6 Minutes of previous meetings - review The minutes of the October 2, 2109 meeting were approved by a motion of BP and a second by KJ 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)  Hickory Hills general updates  LANDS grant workshop MM was notified that there would be a workshop on the awarded grants he know Brandon Kibbe will be attending and MM will also schedule dependant.  MACC MEETING MM and Cl will be attending the annual fall conference  Communications / public comment/ Adjourn/Meeting Schedule- Next meeting is November 6, 2019 at the Ritter Memorial building at 960 Mass Ave The meeting adjourned at 10:30 PM with a motion by KJ and a second by CC with a unanimous vote to adjourn by roll call. All documents and plans used in the decision making process in this meeting are available at the Conservation Commission office. PDF’s are available by request.