===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 January 15, 2020 Bilotta meeting room, 17 Main Street 2nd Floor 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 Announcements - Called to order by TD. All present except JV. RB participating remotely therefore all votes marked on these minutes were made by roll call. 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. JR asked MM to add a review of Boston proposed local wetland ordinance changes to a future agenda. Appointments/Hearings –commences at 7 PM Appointment: Field Change 72 Hemlock Drive – Mr. Jenkin appeared before the commission. MM noted the vote on the motion approved did not include the agreed replanting of the trees. CL noted the replacement standard was 2 to 1 based on size. The applicant. Four saplings will be acceptable The owner will mark the plan and MM requested the marked plan be returned for Tuesday January 28, 2020. This matter will resume on February 5 , 2020 at 7 PM at 960 Mass Ave by a motion of KJ and a second by BP with a unanimous roll call vote to approve. Pursuant to MGL ch 131, s 40 and Lunenburg Wetlands Bylaw and regulations as listed in chapter 239, Bill & June Hudson have filed a Notice of Intent for the replacement of a septic and the cutting and replanting of trees within the 100 foot buffer z one at 90 Hemlock Drive. 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 ===PAGE 2=== meeting will take place at the Town Hall, Bilotta Meeting Room, 2 nd Floor at 7 PM on January 15, 2020. The public is invited to attend. Maryann Dipinto, Three Oaks Environmental represented the applicant. It was noted the garage was removed from the prop osal. She noted the notice of In tent was for the septic system replacement. Bill Hudson noted the old tank was 20 feet from the water. Mrs. Hudson noted the fire place in the rear of the building lot will be removed. Mrs. Hudson noted that they intend to replant and replace mountain laurel. JR asked for further detail as to where the Laurel would be removed. They indicated no removal of the Laurel was planned however there is some dying. TD noted trees close to the water on the North side by the water do not need to come down. The owner indicated that they will leave them in place. TD noted a replanting plan would help the commission with guidelines. Mrs. Hudson noted the majority of the planting will take place around the lake frontage portion of the lot . The owners indicated the desire to leave the southern edge open to allow for the sun. CL noted that he saw some trees that appear undamaged and wondered why they needed to come down. BP felt that specifics on the plan indicating removal versus what will remain in place is preferable. TD indicated that due to the number of trees to be removed, a planting plan outlining species and location of replanting should be further explored. CL noted that some trees may not need to be removed. He asked to go on a site visit with MM as to what trees can remain. MM agreed it would be easier to mark what may need to remain. JR noted the roots stay within 30 feet in the areas where the s eptic is not going to be worked on. RB noted that there is no erosion protection on the plan and that needs to be added. He specified by the tank s will need to be added. Bill Hudson noted David Ross is performing survey. RB noted that there is no elevation on the plans. TD noted the c hanges to grade needs to be shown on the plans. There is grading around the leach field noted currently on the plans. It was noted the remainder of the ground work , such as removal of pavement, will need to be added. MM noted he will go to the site with Maryann Dipinto tentatively on January 24 th. Mrs. Hudson noted that there will be follow-up plans for the garage addition that will show removal of impervious. BP noted the square footage of the impervious to be removed in total should be noted on the plans. CL moved to continue the meeting to February 5, 2019 at 7 PM at the Ritter Building. CC seconded and the commission voted unanimously. Pursuant to MGL ch 131, s 40 and Lunenburg Wetlands Bylaw and regulations as listed in chapter 239, Dan & Jean Proctor have filed a Notice of Intent for the removal of earth and storm water management within the 100 foot buffer zone at 1325 Ma ss Ave. Application and supporting documents are available for review at the Conservation Commissio n 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 Town Hall, Bilotta Meeting Room, 2nd Floor at 7 PM on January 15, 2020. The public is invited to attend. Frank McPartland and Dan Proctor appeared before the commission. Mr McPartland outlined the elevation changes and the amount of earth to be removed. TD examined the detention basin, the outlet structure and the ability of the basin to retain and infiltrate. Mr. McPartland outlined the storm water events that would infiltrate and the ones that would overflow. It was noted based on questions by TD and BP that the basin has no bedrock undern eath. Mr. McPartland outlined the grading to the inlet of the basin. It was determined that 3 acres will be made level (about half of the property according to Mr McPartland). KJ asked if the land was going to be subdivided. Mr. Proctor sated not at this time, however it may be in the future. Mr. McPartland outl ined the work located in the 100 foot buffer zone and the 50 foot no structure zone. There is no work within 30 feet. TD clarified the tree line of exiting versus remaining post development as shown on the plans. It was noted the basin would be grassed. JR asked where the emergency overflow would be routed to. It was noted it would be to the wetland in the event of a 100 year or greater storm. TD noted that the post development flow would be dramatically slowed down going to the basin. Mr. McPartland noted the design was based on a full development of the site and not the interim condition as proposed at this site. CL examined the larger storms and the retention in the d-basin of such. It was clarified that any discharge to the wetland will be dramatically slowed down to the wetland more than the pre-existing. JR clarified if full development would change the effectiveness of the basin. The answer was that the basin was designed already assuming full buildout. JR also examined the water routing to the wetland with the applicant to ensure the wetland would not lose a water sou rce. Mr. McPartland noted the hydraulic regime post development would maintain the amount of water. TD examined a bifurcated outlet and Mr McPartland noted that the option was examined, and it was determined it would make no difference to the water source to the wetland and would actually incur intrusion to the 50 and 30 foot restricted buffer zones. KJ examined the route of the drainage by Route 2 A.TD asked about the limits of erosion protection. Mr McPartland pointed out page 3.0 of the plans and outlined the erosion control. BP noted that there would be an earth removal permit necessary. KJ noted that the earth removal would take some time and examined the stabilization phasing and erosion control maintenance. KJ asked about the construction schedule. Mr. Proctor stated a firm timeline hasn’t been established however, it could be a season and a half. He further stated that due to a large potential project in Fitchburg he could use 90% of this material and the hope would be to be in and out of there in one year. CL asked after development, and in the future if the development could be re-examined. MM noted under DEP policy on stormwater allows for a revisit of the entire stormwater system. TD asked to have the 77,000 square feet of impervious the initial design is for be n oted on the plans. RB noted the excavation of four phases of development and examined the general sequencin g. He recommends ===PAGE 3=== the sequencing and the basins should be in place prior to phase four be added to any order of conditions. RB noted he did not see a maintenance and annual reporting schedule and that it would need to be reviewed prior to approval. 1331 Mass Ave Dale Erskin: An abutter inquired about old growth trees and fencing. Mr Proctor noted that new trees will be replanted in the area of her concern but not before the earth removal is complete.TD asked for a replanting plan. BP asked for a schedule of the replanting as well. The hearing was continued to the February 5, 2020 meeting at 960 Mass Ave. at 7 PM by a motion of JR and a second by CL. With a unanimous roll call 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. Emailing a PDF is also an option on request by emailing lcc@lunenburgonline, the meeting will take place at the Town Hall, Bilotta Meeting Room, 2 nd Floor at 7 PM on January 15, 2020. The public is invited to attend. BP and MM went on the site and spoke to Mrs. Dutton. BP noted some pictures were on the cloud. It was noted that the scope of work was for the trimming of the road way brush and pruning only. RB noted that there was 12 foot driveway was originally approved and the easiest was to approve a determination for 6 feet on each side of the center line and that she be allowe d to maintain the brush. It should be spell out an approved routine maintenance. A motion was made for a negative determination allowing the applicant to maintain the area in perpetuity based on RB’s recommendation by PB with a second by KJ and a unanimous roll call. 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. Emailing a PDF is also an option on request by emailing lcc@lunenburgonline, the meeting will take place at the Town Hall, Bilotta Meeting Room, 2nd Floor at 7 PM on January 15, 2020. The public is invited to attend. MM noted to the commission that the president of the engineering firm that did the initial design is working with him to address the DEP and commission concerns. He is having a conference call January 16, 2020. Motion to continue to February 19, 2020 at the Bilotta meeting room by KJ with a second by JR with a unanimous roll call vote. 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 replacement 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. Emailing a PDF is also an option on request by emailing lcc@lunenburgonline, the meeting will take place at the Town Hall, Bilotta Meeting Room, 2 nd Floor at 7 PM on January 15, 2020. The public is invited to attend. Motion was made to continue to the March 5, 2020 meeting with a note to the applicant if the information is not submitted the hearing will be withdrawn. This will be at the Ritter Building at 7 PM ENFORCEMENT Violations (Enforcement Actions and Administrative Hearings). 1. EO-164 Page Street – Continued actions- Kevin Felton appeared before the commission. He informed them he will remove the container right off of the property. He was unsure of the time ===PAGE 4=== line weather dependent. TD instructed Mr. Felton to contact MM around early spring to verify the removal of the container. No further action at this time. 2. EO- Emerald Place Beach- update (to be made in the spring of 2020) 3. EO- Town of Lunenburg Fire Road 12 ENF 2019 Updates- The Commission indicated a preference to remediate the site and remove the pavement . MM will confer with town counsel for further detail. KJ moved to continue to the matter to the February 5 2020 meeting at 960 Mass Ave at 7 PM. The motion was seconded by JR and there was a unanimous roll call vote to approve. New Business - Site Walk for Gilchrest Street Property for trail access – BP expressed a desire for the commission to meet with Kevin Hill to review the trail and ensure it is done properly. Gray Gouldrup, bird habitat proposed draft Stewardship Plan – MM noted the drafts of the new stewardship plans are on the cloud in the meeting folder. Approval of Funds for Tax Bill Inserts – CL noted that there was a 500 dollar estimate submitted for the inserts of our flyer into the tax bills and asked the commission to approve the funding. CL moved for the funding. CC seconded and the commission voted unanimously. Open Space parcels (non-conservation) discussion BP noted some small parcels scatted through town that appear to be intended for conservation, however they are not formally listed. He is meeting with town counsel to see the procedures involved to formally transfer to the conservation commission. BP also examined a lot on Howard Street that is currently under tax taking. RB and Brandon Kibbe are working with the tax collector’s office on transferring to the commission due to tax taking. They have also attempted to contact the current owner of the estate with no responses. They will continue to attempt to contact the owner. Old Business – Update on trails grant – status of contracts Land acquisition proposal , Saliba , Northfield Road ( # 994)- updates ( If any) Certificates of Compliance – Mattson 113 Youngs Road Lot 4 DEP 208-1055 continued pending adjusted as-built plans. Extension Permit Minutes of previous meetings - review of December 18, 2019 minutes were approved as amended by BP with a second by CL with a unanimous vote to approve. 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 Winter trails  Hickory Hills general updates JR noted the drawdown is holding well.  Hickory Hills /Lake Shirley- drawdown updates MM noted that the drawdown ceased at 32 inches- he is meeting with the agent from Shirley to determine implementing order of conditions.  Update on hunting Signage  E permitting- The commission expressed a desire to have a flow chart allowing an explanation of how it works  Communications / public comment/ Adjourn/Meeting Schedule- Next meeting is February 5, 2020 at the Ritter Memorial Land Use Building at 960 Mass Ave at 7 PM The meeting was adjourned at 9:15 PM by a motion of KJ and a second by JR with a unanimous vote to approve.