===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 December 4, 2019 Ritter Memorial Lane Use Building 960 Mass Ave, Lunenburg, MA 01462 7:00 PM In accordance with the requirements of the Open Meetings Law, please be advised that this meeting is being Audio 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 Chairman Bursch called to order at 7 PM. Members absent were , Messers Rabbit, Vivano. 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 Appointment: Lunenburg Snow Riders Annual meeting with the conservation commission.- Tom Bertram is here to discuss the annual report. He noted that there was a 56 hour total of volunteer work with trail maintenance. The bridge of the woodruf f property was completed. RB asked about a bridge in the Cowdery that was expressed to be put in. Me. Bertram explained that the goal still is to harvest some of the infected Hemlock and mill it into board on site, however has not been completed. Par t of the difficulty was finding sufficient hemlock. RB asked about using the Red Pine put in by the former WPA prior to World War 2. Tom noted the hemlock is more durable. BP noted we could examine the plan for the small town forest and we could examine any hemlock out there. RB noted that the commission has submitted 5 new applications for stewardship plans and that those areas can be evaluated as well. BP recounted a meeting with Mr. Bertram where the snow riders would be willing to help with the trails grant by transporting sign posts. Me Bertram presented a drawing of a trail on the Saliba property the commission is currently acquiring. The trail comes in from Old Farm Road and goes to the old stage coach road. It then goes to the developed property on Howard Street to New West Townsend Road. He asked for permission to continue to use the trails. RB noted that the Saliba property is still under acquisition and could be revisited once that is completed. RB wanted to know if the riders had permission form the stage coach trail. It was established it was town land however, there was cooperation with abutters to it. Mr. Bertram noted that we may have a need to out in a parking lot area for the grant . He volunteered to be of assistance. Paula Bertram reviewed the details of the potential parking areas previously discussed but the land acquisition committee. ===PAGE 2=== The Conservation Commission will be holding a hearing on a request for a Determination by the Hickory hills Landowners Association for the following scope of work: 100 Hemlock Drive (Hemlock Beach) ,Causeway South Row Road – within right of way adjacent to 10 Sandy Cove Road, 60 South Row Road, Cove Road – within right of way adjacent to 8 Cove Road and 14 Cove Road, Hickory Hills Lake – access to site via 44 Hemlock Terrace,19 Island Road . The meeting will be held on December 4, 2019 in the Ritter Memorial Land Use Building at 960 Mass Ave at 7 PM. A pdf of this file is available by emailing lcc@lunenburgonline.com. The public is invited to attend Paula Bertram appeared representing HHL. Doug Waters also appeared on behalf of HH.L Mrs. Bertram related the history of the plunge pool on Hemlock Drive. She noted there was still some erosion issues and was proposing to plant a rain garden adjacent to the plunge pool. She noted that part of the goal was to create a butterfly habitat. Mr Waters noted there was also a goal to restore the common beach at Hemlock Drive. They are looking to reclaim about 20 yards of sand that will either be spread on the beach or taken away. They are looking to place large stone s at the sides of the beach to prevent erosion. He further reviewed another planting area situated to function both as a rain garden and erosion preventor. RB inquired if there was going to be any work past the swing set. It was noted that area was still wooded. BP noted the site inspection revealed dimensions of the work may have appeared larger due to the draw down. KJ asked for the goal of depth . It was answered five feet. TD asked if there was contingency for ensuring the sand was not native soils. Mr. Waters committed to confer with MM. Mrs. Bertram recalled the algae bloom in Little Hickory. She reviewed the area with DPW and noted the source of the drainage. DPW recommended digging out the area of the outfall from the drainage source and construct a plunge pool. Rb asked what was structure 512. Mrs Bertram noted it is the outfall pipe from the catch basin. RB asked how large of a pool did DPW recommended. Mrs Bertram noted a 12 foot by 5 foot depth to be determined. RB asked to have DPW give a depth so we can have it in the record. Mrs Bertram also noted that DPW recommended the bottom of the plunge pool be left natural with some rip rap on the sides. The lotus removal on Hemlock Terrace was discussed. Mrs. Bertram noted to date that the seed pods and stems have been removed. The goal is to go in with an excavator and hand tools and remove from the rhizomes up. RB asked if there was boom curtain planned. Mrs. Bertram stated not as only the exposed areas during drawdown that will be removed. It was noted that the area was actually planted years ago and this is the only the second recorded infestation of American lotus in the commonwealth. The South Row Road erosion protection proposal has not been firmed up at this point in time. The HHL Consultant recommended a diversion trench to a plunge pool. The location proposed is between lots 73 and 74. Mr Waters reviewed maintenance of the main beach the proposal was to replace sand on the beac h. The sand area proposed is 10 feet above the high water mark with a thin coat. KJ noted the topo of the area was flat. RB ask ed what the condition of the area was now. It was noted it was rock and sand. Mark Bursch stated he feels the renovation is a good idea and some added sand is called for as what is also done in the town beach. BP noted that if you put only an inch of sand it may not be sufficient for recreation use by small children so he would not be opposed to the adding a thicker layer of sand. He and KJ noted it was a good distance away from the lake. Mark Bursch noted the majority of erosion comes form another side. The commission expressed no issues with 20 yards of sand. A motion for a negative determination with the added depths of the plunge pools from DPW and a 30 foot instead of a 20 foot rain garden by KJ with a second by CL and a unanimous vote to approve. The Conservation Commission will be holding a hearing on a request for a Determination by Peg Gorman of 66 Horizon Island Road for the replacement of a collapsed retaining wall. The meeting will be held in the Ritter Memorial Land Use Building at 960 Mass Ave at 7 PM. A pdf of this file is available by emailing lcc@lunenburgonline.com. The public is invited to attend Brett Ramsden represented the applicant. He provided the commission with a hand drawn plan showing the replacement of the existing wall. He noted the majority of the wall is collapsed. He indicated the existing will be removed, a crushed stone foundation will be placed in the current line. Some earth will be excavated to allow for an wider wall that will not come out into the lake a ny further and the remaining dimensions will be the same as existing. RE recounted the site visit and noted the poor condition of the current wall which needs replacing. KJ examined pictures of the existing conditions . It was noted there would be no vegetati on removal required to complete this project. KJ asked if the wooden retaining wall would be left in place. The answer was yes. RB requested a profile and a cross sectional detail added to the file. RB asked for erosion protection to be placed in. CL examined the proposed height and wall slope. Cl also asked if the surface behind the wall would be the same. The answer was yes. TD noted that there should be a note requiring like for like replanting. The commission continued the hearing by a motion of TD and a second by CC to the 18th of December at 7 PM at the Bilotta meeting room to allow for completed application and detail work. The vote to approve was unanimous. ===PAGE 3=== CONTINUED FROM PREVIOUS MEETING: Pursuant to MGL ch 131, s 40, and Lunenburg Wetland Bylaw section 335 , David Gerry has filed a Notice of Intent for an addition with a deck to a single family home at 36 Peninsula Drive. Application and supporting documents are available for review at the Conservation Commission office by calling 978 -582-4147 ext 431 by appointment.. The meeting will be held on December 4, 2019 in the Ritter Memorial Land Use Building at 960 Mass Ave at 7 PM. A pdf of this file is available by emailing lcc@lunenburgonline.com. The public is invited to attend Steve Marsden represented the applicant and recounted the history of the previous file by Mr Gerry. The new proposal is for a deck with the removal of the existing concrete stairs and apron. The new material will be all wood and sono tubes will be dug by hand . The 8 foot by 20 foot addition will have a foundation will have no vegetation required to be removed. RB reviewed the existing square footage of removed with one 16 square foot section remaining to access the crawl space for a total of 64 square feet of impervious. RB asked about the work within the 50 foot zone. Mr. Marsden noted the deck is off the ground and will not be impervious. RB also examined the need to add the extra stairs. Mr. Marsden had no issue with removing the extra stairs. The erosion protection will be wattles in the front of the house and the plans will be amended. KJ expressed the plan as drawn was fine and the erosion protection can be hand drawn in. TD and BP expressed agreement. CL noted that the commission was treating wooden decks as pervious. There was no public comment. KJ moved to approve the Notice of Intent with the hand markings for erosion protection and the section of walkway abandoned. BP seconded and the commission approved. Cl noted that there was an offset to the structure portion of the 50 foot no structure zone due to it being pervious. The motion was unanimously. CONTINUED FROM PREVIOUS MEETING: Pursuant to MGL ch 131, s 40,and Lunenburg Wetland Bylaw section 335 , Steven Powell of 155 Reservoir Road Realty Trust has filed a Notice of Intent for the Construction of a common driveway crossing for 2 single family lots at 41&47 Reservoir Road.. Application and supporting documents are available for review at the Conservatio n Commission office by calling 978-582-4147 ext 431 by appointment. The meeting will be held on December 4, 2019 in the Ritter Memorial Land Use Building at 960 Mass Ave at 7 PM. A pdf of this file is available by emailing lcc@lunenburgonline.com. The public is invited to attend Brian Marchetti represented the applicant and reviewed the plan changes with respect to the replication area and the culvert specifications. The culvert installation and the wetland replication location was examined. The timing of the construction of the crossing was examined. BP noted that he had no objection to the timing being during low water level. TD requested cross sectional details on the culvert, diversion techniques for the stream, footings details and language for dewatering as well as the limits of excavation. The commission continued to the December 18 th meeting at 7 PM at the Bilotta meeting room with a motion by TD and a second by CC with a unanimous vote to approve. CONTINUED FROM PREVIOUS MEETING: Pursuant to MGL ch 131, s 40,and Lunenburg Wetland Bylaw section 335 , Myles Jenkin has filed a Notice of Intent for the repairing of 3 retaining walls and replacement of steps at 72 Hemlock Drive. Application and supporting documents are available for review at the Conservation Commission office by calling 978-582-4147 ext 431 by appointment. The meeting will be held on December 4, 2019 in the Ritter Memorial Land Use Building at 960 Mass Ave at 7 PM. A pdf of this file is available by emailing lcc@lunenburgonline.com. The public is invited to attend Brett Ramsden represented the applicant. He presented the commission with updated drawings. He detailed the changes in the drawing of the upper wall. He outlined the details of the measurements from the house to the wall. He examined the details on the proposed grading refinements with the commission. RB examined the amount the applicant wished to come out in front of the old wall and it was stated it was 2 feet. RB stated reservations with grandfathering a the wall that was proposed in the water. He feels that the wall even if it was formerly there was an abandoned use. TD stated based on his observations of the site the foundation of the wall are still in place and as long as the measurements matches he has no issue with it. He also expressed some filling and grading details should be added to the plans. BP recalled the previous site walk and noted that some of the commissioners expressed satisfaction of the pre-existing wall and some did not. He feels comfortable with the application as presented. RB stated in his mind this situation is different as the remnants are not conclusive enough to the pre-existence and that there was another wall built in its place that is currently there now. He expressed reservations allowing a wall within an area that could be an additional intrusion into the lake. CL showed some pictures to the commission and feels that there is no evidence of a foundation for a former wall. TD noted that based on his experience as a professional engineer specializing in this type of issue and noted that he clearly saw level stones denoting a foundation of a wall. Based on his inspection he feels that he would be pulling material (stone) out of the wetland that had fallen in. Cl examined the proposed wall places with Mr Ramsden. KJ noted that if the wall was not built then the steps could not be built. RB repeated his concerns about a grandfathered wall. KJ ===PAGE 4=== examined the high water mark and determined that the reconstruction of the old wall would not displace the high water mark. KJ expressed that he is comfortable stating there is a wall there. KJ noted that this is a case by case basis. BP feels that we do this on a case by case basis and we do not want to be too rigid. RB feels that the wall in question was abandoned and we should be setting a precedent. KJ asked if there was a negative effect on the resource area. After some discussion he proposed leaving the rubble in front of the wall. After discussion it was noted that the wall is boulders with concrete in between the stones. TD feels that a cross sectional detail or a profile of the wall should be enclosed with the filing. CL expressed he should have details on the plans should be from an engineer. BP feels this project is an improvement. He pointed out the reduction in slope steepness and some reduction in impervious. MM noted the existing conditions plan by Ducharme and Dillis. TD stated we should add to that plan showing the heights, limits of work and cross sectional details as well as erosion protection and a construction schedule/ sequence. BP noted he asked at the last hearing when he would be able to do the work. He expressed concern of we have a weather event for the meeting on the 18th and it was cancelled another meeting wont be placed until the 15th of January. RB responded that this was filed in November and considering the time of year and the scope proposed, trying to expediate should not be a factor or in the best interests of the commission time line. BP asked if we could have a draft order written up. The commission had no issue with doing that. CL asked for a straw poll on the grandfathering of the wall. KJ, TD, CC, BP stated they were in favor of grand fathering ,RB and CL opposed the idea. TD and Mr Ramsden discussed the details he wanted. There was no public comment. The commission continued to the December 18th meeting at 7 PM at the Bilotta meeting room with a motion by KJ and a second by TD with a unanimous vote to approve. CONTINUED 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 request for a determination by Micke Dutton for the trimming and some removal of Brush at 54 Pine Acres Dr. Application and supporting documents are available for review at the Conservation Commission office by calling 978-582-4147 ext 431 by appointment. The meeting will be held on December 4, 2019 in the Ritter Memorial Land Use Building at 960 Mass Ave at 7 PM. A pdf of this file is available by emailing lcc@lunenburgonline.com. The public is invited to attend The commission continued to the December 18th meeting at 7 PM at the Bilotta meeting room with a motion by BP and a second by TD 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. The meeting will be held on December 4, 2019 in the Ritter Memorial Land Use Building at 960 Mass Ave at 7 PM. A pdf of this file is available by emailing lcc@lunenburgonline.com. The public is invited to attend RB recused himself from the meeting as Mark Bursch is the applicants representative. Vice Chair Dwyer presided. He showed the commission the scaled plan with the 30 and 50 and 100 foot zones. KJ examined the location of the swimming pool and noted that there would be no trees to be taken down for it. The tree removal was examined that it there was sufficient canopy remaining. KJ moved to approve the plans as presented with a negative determination. CC seconded and the commission voted unanimously to approve. 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. Application and supporting documents are available for review at the Conservation Commission office by calling 978 -582-4147 ext 431 by appointment. The meeting will be held on December 4, 2019 in the Ritter Memorial Land Use Building at 960 Mass Ave at 7 PM. A pdf of this file is available by emailing lcc@lunenburgonline.com. The public is invited to attend ===PAGE 5=== The commission continued to the December 18th meeting at 7 PM at the Bilotta meeting room with a motion by BP and a second by CC with a unanimous vote to approve. During the motion/discussion it was requested that Matt follow up with DPW to confirm action was ongoing to get the requested engineering report on the sizing of the Northfield culvert. CONTINUED 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 repla cement 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. The meeting will be held on December 4, 2019 in the Ritter Memorial Land Use Building at 960 Mass Ave at 7 PM. A pdf of this file is available by emailing lcc@lunenburgonline.com. The public is invited to attend The commission continued to the December 18th meeting at 7 PM at the Bilotta meeting room with a motion by CC and a second by BP with a unanimous vote to approve. ENFORCEMENT Violations (Enforcement Actions and Administrative Hearings). 1. EO- Town of Lunenburg Fire Road 12 ENF 2019-16 Administrative Hearing Heather Lemieux, Lunenburg Town Manager was present representing the town. RB noted the history of the issuance of the 2 enforcement orders. The Town Manager requested the enforcement order be rescinded as the town cannot take itself to court. She noted the town is going to take on the investigation. She will be working with MM and the police department on an investigation by the Board of Selectmen. TD asked if there was a timeline and there was none established as of yet. KJ noted that it was also an enforcement order issued against the town on the Pleasant Street site. RB pointed out that the law would require remediation by some party. BP noted he has no trouble lifting the order . He pointed out the town has started an official investigation. CL stated that the town could perhaps use the enforcement order as leverage. TD moved to rescind the enforcement order , however keep it under old business. The motion was defeated by a vote of TD and BP approving and CC,CL, RB, and KJ against. 2. EO-164 Page Street – Administrative Hearing -MM recommend a one time 100 dollar fine for failure to appear by a motion of BP and a second of KJ with a unanimous vote to approve. CL suggested that another request to attend the next meeting also be sent to the owner. 3. EO- 88 Mass Ave- Maki Enterprises – commencement of action- Alan Maki appeared on his behalf and brought in pictures and a plan of land showing the work he had done and his intentions to clean up the property which had fallen in disrepair. RB examined the property lines and potential future plans. It was determined that an RDA would suffice. The RDA is to be filed by May 1, 2020. TD recommended erosion protection around the pile of gravel or moving the pile. The Commission voted to continue the matter until May 1, 2020 with a motion from KJ and a second by TD with a unanimous vote to approve. 4. EO- Emerald Place Beach- update (to be made in the spring of 2020) New Business - 61 A disposition of land- 250 Howard Street- RB noted that this previous chapter 61 A release request did not perc and as such the sale fell through and is remaining in 61 A. He will send a letter to the owner to see if there was a desire to donate the land. LSIC- emergency permit- CL recused himself with the following public statement: “I am recusing myself from the discussion and vote on the LSIC request to continue the drawdown past December 1st. I want to make it clear that this matter differs from the other LSIC matters that have recently come before the Commission for which I have been allowed to participate by a vote of the BOS. In this case, as oppo sed to those, this decision, in my opinion could directly and immediately have a financial impact on me and is reasonably foreseeable. I have made a commitment to the BOS that if such a matter arose, that I would recuse myself and I feel this situation falls into that category and am hereby recusing myself in this specific instance and on this specific matter. ” ===PAGE 6=== RB recounted the conditions for allowing the draw down to go to December 31, 2019 and the drawdown history from the previous year and that DEP in conversation gave the condition that there not be ice on a majority of the lake. TD asked Steve Bean, LSIC Director and representative, if the lake was frozen? The answer was the majority was open. TD requested that DEP and Shirley be in agreement. RB noted that DEP has already given guidance. BP moved to approve the Emergency Certification CC seconded and the commission voted unanimously to approve. Old Business - Signatures for PARC GRANT Heather Lemieux Town Manager appeared before the commission for the signing of the grant. She presented the commission with the signature page previously approved. Land acquisition proposal , Saliba , Northfield Road ( # 994)- updates – MM presented the commission with the approval letter for the use of the trust funds for payment of the appraisal. Certificates of Compliance – Extension Permit –Minutes of previous meetings - review of November 20, 2019 minutes- Minutes were approved by a motion of BP moved to approve the minutes. JK seconded and the commission vote unanimously. Committee Reports – Any Updates Agents Report /Action Items :  Legal Updates and Requests / regulation review –MM noted proposed changes in DEP regulations regarding issuing Orders of Conditions versus DEP rights to intervene.  Open space and land and Trail use issues and strategies (Plowing of Open space parking areas- Hollis Road) MM asked if the commission would like to have the area plowed open the commission decided it was not efficient to do so and leave it as is.  Hollis Road- KJ noted there was an entity that wanted to donate to the Hawes account. He will check with Karen and work with Bob.  Hickory Hills general updates  Hickory Hills /Lake Shirley- drawdown updates and gate operation for storm event on 11/24/19 MM informed the commission that we had a rain event that required the gate to be opened.  Update on hunting Signage- MM noted the actual signage arrived in the office shortly before the holiday and will work with DPW to install. He is reviewing the budget to allow for purchasing the “NO ATV” signs.  Communications / public comment/ Adjourn/Meeting Schedule- Next meeting is December 18, 2019 at the Bilotta Meeting Room, 2nd Floor 17 Main Street at 7 PM The meeting was adjourned at 10:35 PM with a motion of BP and a second by KJ with a unanimous vote to approve the motion. Documents referred to in the minutes are on file at the commission office.