===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 February 19, 2020 17 Main Street 2nd floor bilotta meeting room 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. In attendance: TD, CC, Cl KJ, BP,JR Staff- MM Call to Order The meeting was called to Order at 7PM with Vice Chair Dwyer presiding. 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 JR noted Hickory Hills has started a storm water committee Appointments /Hearings –commences at 7 PM Appointments: Drew Tobin- Eagle Scout Hollis Road Bat Houses. Drew Tobin informed the commission of this project for 4 bat houses at the Hollis Road property at a cost of 442 dollars. KJ noted that Mr, Tobin should dig test holes to ensure he can dig the test holes. It was noted that Mr. Tobin would continue to fund raise to offset the cost of this project but requested authorization of the full expected cost in the meantime. A motion was made by BP to approve up to 500 dollars from the Hawes Gift Fund. KJ seconded and the commission voted unanimously. Appointments :72 Hemlock- request for a field change ( Continued) MM noted the applicant hasn’t re-submitted the revised plans and will be working on such. Pursuant to MGL ch 131, s 40 and Lunenburg Wetlands Bylaw and regulations as listed in chapter 239, Wilbur Abbott III has filed a Notice of Intent for the construction of a common driveway within the 100 foot buffer zone at 335 Chase 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 February 19, 2020. The public is invited to attend. ===PAGE 2=== Pursuant to MGL ch 131, s 40 and Lunenburg Wetlands Bylaw and regulations as listed in chapter 239, Wilbur Abbott III has filed a Notice of Intent for the construction of a single family home with a driveway and septic within the 100 foot buffer zone at 335 Chase Road Lot number 2. 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 February 19, 2020. The public is invited to attend Pursuant to MGL ch 131, s 40 and Lunenburg Wetlands Bylaw and regulations as listed in chapter 239, Wilbur Abbott III has filed a Notice of Intent for the construction of a single family home with a driveway and septic within the 100 foot buffer zone at 335 Chase Road Lot number 3. 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 February 19, 2020. The public is invited to attend. The first three hearings notices were read into the record and heard in block form as it was the same property and the same development proposal: Chris Anderson from Hannigan Engineering appeared before the commission. He noted current conditions to the Commission of the land and the resource areas. Mr Anderson noted that the common driveway will require a wetland crossing and outlined the details of said crossing and the replication area. He outlined the construct of the retaining area and the construction of a retaining wall to help protect from snow storage or dumping occurring wither within the wetland or the replication area. Along with the driveway there are 2 lots proposed for single family homes. He requested a waiver from the 30 foot no touch zone for lot 2. He outlined that the grading within this area was designed to balance stormwater runoff. Lot 3 was also outlined and the construction within the buffer zone. He noted there would be no additional work within the 30 foot no touch zone and therefore no waiver on this lot would be requested. BP asked as to the reason for a beehive grate. Mr Anderson outlined the reason. BP also asked about the source of the stream and why the pipe was 18 inches. Mr. Anderson spoke of the flow on the site and the 18 inch was design to carry any flow condition. TD indicated he noted on the site walk the site was flowing heavily. TD asked why an open box culvert was not proposed. MR Anderson noted that due to conditions of the stream at the crossing point it was noted that an open bottom culvert would present potential frost issues. CL requested that there should be a maintenance agreement for the culvert. BP noted the bee hive grate could be blocked. Mr Anderson referred to the detail of the culvert and noted that is a redundant feature. BP examined the are of the 30 foot zone. Mr. Anderson outlined the grading required and detailed the post development stormwater flow it was designed to enhance.TD noted the amount of cuts and fills and asked if it would be balanced out. Mr. Anderson noted that some fill may have to be brought in. CL asked why was necessary to work in the 30 foot no touch zone and why could things not be moved out. Mr. Anderson noted that alternative placements were examined and it was driveway considerations for the grading to allow for safe use of the driveway. Mr Anderson offered to take a second look a the house location for lot 2 to examine the potential of moving the grading out of the 30 foot no touch zone.TD asked if any tree clearing was needed. Mr Anderson noted that there is some proposed and noted where on the plan it was. TD asked for the trees greater than 6 inch caliper to be marked both on the plan and in the field. BP expressed an interest as to where the stream originated. TD asked the commission if there was any issue on lot 3. The Commission indicated none. KJ summarized the issues that should be addresses on lot 2. CL asked about proposed activity within the 50 foot zone. Mr, Anderson noted there was some grading changes within both lots. CC asked if there was any detail concerning the replication area proposed. It was noted the detail was not yet completed. TD asked if grading on 30 that could not be removed if some type of mitigation for intrusion in the 30 foot could be added. JR asked if the stream was perennial. It was noted it did not appear on the USGS mapping. CL asked if there as any method for flow calculations for the stream to justify the culvert. Mr. Anderson noted the other pipes in the same stream were 18 inches and the pipe was sized appropriately. There was no public comment. The meeting was continued to the meeting of March 4, 2020 at 960 Mass Ave. A site inspection was scheduled for February 29, 2020 at 9 AM. They requested areas of impacts and trees to ne demarcated in the field. The motion to continue was made by JR and seconded by KJ with a unanimous vote to ===PAGE 3=== approve the motion. CONTINUED FROM PREVIOUS MEETING: 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 Mass Ave. 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 February 19, 2020. The public is invited to attend MM noted that he has previously asked the applicant in order to ensure the ACEC did not trigger a MEPA threshold to produce documentation from Mass DOT that no permit for the temporary access was needed. Apparently he surmised it would as the applicant presented a MEPA filing the afternoon of the 19 th.He also outlined his conversation with DEP. Mr. McPartland outlined the difference between the Zone II and the Zone III and the required documentation. He outlined the allowed and prohibited uses within the zone II and zone III lines and noted that as they were in the allowed zone III lines you can clatter up to 50% of the land and they were preparing documents to that effect. MM noted that the 44% under sate Zone II and the ACEC appeared to be met. Mr. McPartland noted that the storm-water would be designed to meet the standard by using storm water catch basins. CL asked about the maintenance plan o the storm water. It was noted the storm water maintenance plan would be amended to clear that the plan was applicable to future owners. TD asked about procedures concerning dust control during the removal process. Dan Proctor noted that the water trucks will be onsite and calcium flakes will be on site. JR noted particle sizes and high winds should be addressed and concerns about weekends and if there would be any monitoring on site. TD noted there would be more information needed to address DEP concerns. The information needed to satisfy DEP concerns expressed in a phone call made to the office in the late afternoon. Mark Rzez asked about the specifics on the storm drains. Mr. Proctor outlined the storm-water schematics for the site as proposed by his engineer. CL noted the maintenance plan and the scheduling. MM noted that the deed will also have the storm water plan on it. Katey Adams asked what the procedure was for certifying the vernal pool. She also pointed out that the zone III issue may change in percentage if the residential lot is zone off. Alan Dantonio was concerned about his back yard and claimed he was not notified. He expressed concerns about runoff and stormwater on his property. TD noted that it was his opinion was that the engineer has done a good job on site design to address the storm water concern. Mr. Proctor noted his test pits were 16 feet deep and if rock was encountered, they would not remove it. Mark Rzeznikiewicz noted to the commission that it had been established that there would be no blasting, The meeting was continued to the March 4, 2020 meeting by a motion of BP and a second by CL with a unanimous vote to approve the motion. 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 February 19, 2020. The public is invited to attend MM noted the engineer is still working on a redesign of an insert and recommended a continuance. The meeting was continued to the March 4, 2020 meeting. This was passed by a motion of BP a second by CC with a unanimous vote to approve the motion. 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, 2nd Floor at 7 PM on February 19, 2020. The public is invited to attend. Ms. Bell has reached out to MM and he will be meeting with her by the next meeting. The meeting was continued to the meeting scheduled for March 4, 2020 at 7 PM. This was passed by a motion of CL a ===PAGE 4=== second by BP with a unanimous vote to approve the motion. ENFORCEMENT Violations (Enforcement Actions and Administrative Hearings). 1. EO-164 Page Street – Item to be removed for May 2020 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( If any) 4. EO- 179/183 Island Road- Joan Pease appeared before the commission representing the Hickory Hills Landowners and presented the commission with a deed illustrating that the deed clearly states the property line ends one foot within the high watermark. Mrs. Pease also appeared presented the commission with a deed outlining the Hickory Hills landowners association and what is not allowed. She cited the landowners corporation did not condone the activity and requested the commission require soils entering the lakebed be removed and replanting be done. Peter Cowley as a part of the board on Hickory Hills appeared noted on the original deed does not allow structures within 50 feet of the water. MM noted that the plan has not structures within 50 feet. Mr O’B rien noted that there was some debris removed and some brush removed and was told he could take it out. He stated he did not add anything to the water and MM had asked for the sand to be removed and he did remove most of it. Final grading is done and the d riveway will be going in at spring time. MM recommended that the site be visited and the engineered plan can be utilized to verify the shore line. TD noted that measuring from the house with the plan can be sufficient. BP noted that by the applicants own s tatements about looming and seeding the areas in questions shows that the vegetation that was not to be disturbed. MM questioned the allowed tree to be removed were stumped and Mr Obrien stated that the 2 trees were stumped. The site inspection was schedul ed for Feb 22, 2020 at 9 AM. Mr. Obrien consented to the site visit and would allow Mrs. Pease, Mr. Cowley and Doug Waters to accompany the commission to the site. Mr Obrien asked for clarification of the violations. TD explained the excess removal of vege tation and work within the lake. He also stated that areas of the 30 foot no touch zone that were not supposed to be touched were touched. The site walk agreed to by a motion of BP and a second by CL with a unanimous vote to approve the motion. New Business - Site Walk for Gilchrest Street Property for trail access – MM attempting to set up a date for later March Gray Gouldrup, bird habitat proposed draft Stewardship Plan Approval of Funds for Tax Bill Inserts Open Space parcels (non conservation) discussion Revisions of Land Use Regulations f Old Business – Update on trails grant – status of contracts Land acquisition proposal , Saliba , Northfield Road ( # 994)- updates ( If any) Open meeting law resolution – The commission was reminded about the deadline for submission of training certificates. Certificates of Compliance – Extension Permit –Brockelman Perrins Pond and The Commission approved with the addition of a yearly status letter to include chemicals used, timing and quantities by a motion of KJ and second by cc with a unanimous vote Minutes of previous meetings - review of February 5, 2020 minutes BP moved to approve, CC seconded and the commission voted unanimously – review of May 29, 2019 meeting minutes - continued Committee Reports – Any Updates Agents Report /Action Items :  On line permit application update –MM noted the new online permitting is now public.  Open space and land and Trail use issues and strategies  Hickory Hills general updates  Hickory Hills /Lake Shirley- drawdown updates ===PAGE 5===  Update on hunting Signage  Communications / public comment/ Adjourn/Meeting Schedule- Next meeting is March 4, 2020 at the Ritter memorial Building 960 Mass ===PAGE 6===