===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 minutes April 15, 2020 7:00 PM In accordance with the requirements of the Open Meeting Law, please be advised that this meeting is being recorded and broadcast over the Lunenburg Public Access channel. The Town of Lunenburg, in response to the COVID-19 (Corona Virus) is currently following the guidance from the Lunenburg Board of Health, Massachusetts Department of Public Health and the CDC regarding the virus and steps communities can take to prevent the spread and all town facilities are currently closed to the public. In accordance with the Governor’s Order Suspending Certain Provisions of the Open Meeting Law, G. L. c. 30A, § 20, all public meetings are being conducted remotely. This meeting will be broadcast live through local access cable, on Facebook Live on the Public Access Facebook page (https://www.facebook.com/Lunenburg-Public-Access-Cable-157427270975305/) and will be able to be found on the Lunenburg Access YouTube channel within 24 hours after the meeting. The following information is also provided for members of the public that would like to participate in the meeting remotely: To Participate Remotely: Participants may use cell phones, tablet and computers with audio and video capabilities as they have been tested. If you have trouble accessing or have general questions you can email during the meeting to lcc@lunenburgonline.com. Emails containing questions or comments that are to be read aloud at the meeting must be signed with full name address and phone number. Topic: Conservation Commission Topic: Conservation Commission Meeting Time: Apr 15, 2020 07:00 PM Eastern Time (US and Canada) To Join Zoom Meeting on a tablet, computer or cell phone: https://zoom.us/j/555342068 Meeting ID: 555 342 068 Dial by your location on telephone: 888 475 4499 US Toll-free Meeting ID: 555 342 068 Note: No participant ID is needed, just press # when asked. Telephone users may dial *9 to request to speak after joining the meeting. Computer and app users may use the “raise hand” feature to request to speak. ===PAGE 2=== 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 THE MEETING WAS CALLED TO ORDER BY RB AT 7 PM with all member present. All votes were by roll call Catie Childs excused her self from the meeting at 9:52 PM Call to Order 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 Appointments: Brandon Kibbe. Land acquisition proposal , Saliba , Northfield Road ( # 994)- Brandon Kibbe appeared before the commission with updates. Brandon updated the commission with the deadline and requirements. He noted that there should be sign at the off street parking area. He noted the par king area that is acceptable as a combined parking lot for both grants . The Conservation Commission will also need to submit a land management plan that need to have the boundaries photo documented and the trails system gps documented. The closing date will be May 15 and the materials have to be put in for June 1, 2020. RB asked if the site assessment was st ill on schedule. Mr. Kibbe noted yes. He noted there was a minor issue with 2 small parcels that will be swapped with the gold course and the conveyance will need to be completed. Mr. Kibbe has reached out and copied town counsel BP noted he will be completing the GPS of the trails. Mr Kibbe noted the boundaries were not monumented and the pictures can be submitted showing the approximate areas. BP noted to Mr. Kibbe that he requested a place on the open space committee agenda. Appointments: Hickory Hills Field Change. John fortune appeared to review the testing parameters with the conservation commission as outlined on the current OOC. He outlined new parameters proposed to the Conservation Commission. He request the commission accept the changes recommended by ESS Consultants. There was no public comment. The Commission had no questions. HE outlined the events to happen this year which include the new parameter testing and developing a nutrient budget. There will also be additional public education materials generated as the result of the work completed. BP moved to accept the field change, KJ seconded and the commission voted to accept unanimously by roll call vote. Pursuant to MGL ch 131, s 40 and Lunenburg Wetlands Bylaw and regulations as listed in chapter 239, Lemac Realty Trust has filed a Notice of Intent for the upgrade of a septic system within the 100 foot buffer zone at 120 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.com . Steve Marsden appeared for the applicant. He outlined the project for the commission which was for the replacement of a septic system. He noted the system ism in failure and the actual system is out of the buffer zone. The tanks are within the buffer zone and he noted to the commission the title V regulations that required the tanks to be located in the are proposed. The existing pump chamber will be utilized. RB asked about the location of the no touch zone. Mr. Marsden outlined the area of the no touch zone and noted that there was riverfront, however, there is no work proposed within the riverfront and as such is not shown on the plans. The commission had no further questions and there was no questions from the public. KJ moved to issue an Order of Conditions with TD seconding. There was a second motion by TD with a second by CC for MM to sign for the Order of Conditions both motions approved by roll call vote unanimously, ===PAGE 3=== Pursuant to MGL ch 131, s 40 and Lunenburg Wetlands Bylaw and regulations as listed in chapter 239, Doug Acker has filed a Request for a determination for the removal of trees without stumping within the 100 foot buffer zone at 11 Willow Circle. 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.com . Amy Aker appeared before the commission and explained the project. The pictures of the areas were shown to the commission. MM noted that about 10 percent of the trees were stubs. Some of the trees were dead or dying. MM noted that there were trees that there were dead or dying trees. BP noted that there was a stream and he requested a diagram. Amy Aker asked of the trees were going to be weakened as a result. RB asked if the commission came out on a Saturday site walk. MM noted he can send Amy Aker the ortho photo of her property. RB showed the applicant the Lunenburg GIS website and basics of how it works. There was no public comment. The commission will be on site this Saturday at 9 AM. The hearing was continued by a motion of TD and a second by JR and a unanimous roll call vote to approve the motion. CONTINUED FROM PREVIOUS MEETING: Pursuant to Lunenburg Wetlands Bylaw and regulations as listed in chapter 239, Lois Sonders has filed a Notice of Intent for the construction of a septic system within the 100 foot buffer zone at 12 Pine St. 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.com Maryann DiPinto and Dan Proctor were present to represent the applicant. Maryann noted the locations of the wetland and the limitations of the lot with respect to the presence of the wetland. There is an exiting system on site which was shown by Dan Proctor who outlined the history of the property. Mr. Proctor noted he had a permit in hand by the Board of Health. RB examined the grading and the work within the limits of the no disturb zone which will be about 10 feet and that the wattles will be the limit of work. JR noted that based on th site inspection he feels there is no other place to put it. There was no public comment, TD move to approve an Order of Conditions. CC seconded and the commission approved the motion by unanimous roll call vote. CONTINUED FROM PREVIOUS MEETING: Please be advised that the Town of Lunenburg DPW has filed a Request for Determination of Applicability in accordance with Massachusetts Regulations 310 CMR 10.00 and Chapter 239, Wetland Protection of the Town of Lunenburg zoning bylaws for property located at 520 Chase Road (Lunenburg DPW). The proposed activity includes the replacement of the existing underground storage tanks and fleet vehicle dispensers with new aboveground storage tanks and new dispensing equipment. The project will involve replacement of the refueling surfaces with new concrete.. Emailing a PDF is also an option on request by emailing lcc@lunenburgonline.com Robert Colluccio and Jack Rodriquenz appeared on behalf of the DPW. Mr. Colluccio outlined the project for the Conservation Commission and its relation to the wetland resource area. He outlined the tanks that would be installed and that they would now be above ground. He outlined the improvem ents within the fuel dispensing area. The tanks and any underground piping will be double walled and equipped with sensors. There is no work within the buffer zone. There is no increase nor impact in impervious surface. The project is utilizing the town funding from a grant program. RB noted that he feels there should be further protections due to the proximity of the work to the brook. JR inquired as to the locations of the pumps in relation to the riparian zone. He also asked about droplet capturing. Mr Colluccio indicated the control barriers. JR also examined alternate locations. Jack Rodriquenz examined the alternate locations and he noted and illustrated the large amount of work increase that would be required. He also noted that there would be vehicle traffic on the remainder of the site that would be prohibitive. He further outlined the safety and filling requirements. He noted that this is not a standard gas station in regard to the fact there is not a heavy volume of traffic in an out of the pump area like the gas pumps. He further outlined that the existing location was optimized to allow DPW and police vehicle traffic. KJ feels this is important to move on as rapidly as possible to get the tanks out of the ground. The above ground tanks area a better alternative and more readily observable and that the area proposed was the only area that it could be safely completed. He feels there would be more safeguards in place. CL noted that while he supports JR’s comments he also understands the constraints to the town that KJ outlined. He also noted that his understanding that it was committed at town meeting to move this out of the area of the Mulpus. CL expressed concern that an alternate location could be examined. He feels a Notice of Intent is appropriate. TD had visited the site and he does not think there is a sufficient alternate location. RB feels this is a good opportunity to control stormwater and should have better mitigation. BP felt the commission should focus on the fact that there is an improvement on spill containment, and he would be willing to vote on it. CC agreed that there is more detail needed and would like to see a notice of Intent . JR requested a site walk. ===PAGE 4=== David Passios 56 Whiting Street. He was asking for the deadlines involved in funding. Mr. Rodriquenz noted that there is a signed contract with the state and that there may be a deadline extension. The current location of the fuel tanks was examined. Mr. Passios expressed agreement with examining alternate locations. BP noted that a professional engineer should be on the site walk. RB noted that the commission should not be selecting the alternate site but rather determine if the site proposed is acceptab le. KJ noted the public safety officials have already noted that it has been determined the location on the site is optimal and feels the location is already optimal. JR noted that there is a whole new set of variables now on the site that he feels have not been considered. KJ noted that there is a visibility component that will be present on that part of the site that is not present in other locations spoke of. CL feels that a Notice of Intent should be required. BP feels choosing sites is beyond the commission scope. He feels additional detail can be covered on the RDA process. RB noted that DEP will be part of the NOI process. TD feels the NOI is appropriate. CL moved for a positive determination. Mr. Colluccio stated that he feels the location is optimal and that if there is a Notice of Intent filed would the commission require alternate locations. JR seconded. JR did state during the discussion that a site walk could clear the items expressed without a vote. CL feels the pumps should be moved out of the area. The roll call vote was all in favor except KJ who voted no. CONTINUED FROM PREVIOUS MEETING :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.com Chris Anderson appeared before the commission with the revised site plan. He outlined the revisions to the plan. He noted that the stream originally outlined change noting that there is no wetland upstream changing the designation. He further outlined the use of a retaining wall to save the amount of trees to be cut, He noted that the stream as it is no longer jurisdictional does not require replication. He outlined the analysis of the capacity of the pipe to handle the flow and was able to confirm that the pipe was modified to ensure that the flow would be handled as a 24 inch pipe that will accommodate the 100 year storm event. He did note there will be additional rip rap added to the crossing for scour protection. He requested a waiver for the 50 foot no structure zone to accommodate the retaining wall which eliminates the need for any intrusion into the 30 foot no touch zone. He outlined the stabilization technique to be utilized. RB analyzed existing conditions’ asked TD about his prior suggestion about flipping the house around. MM explained the change in jurisdiction. Mr. Anderson noted the reasons for the current house location ion relation to a 30 foot no touch zone that no longer exists due to the stream reclassification and the title V issues. RB examined potentially moving the grading uphill. Mr. Anderson noted that in order to do that as he had examined that there would be a raising of the structure and the overall grading of the toe of slope would not wind up changing significantly. He did outline erosion and stabilization procedures for the slopes. RB asked if there could be some boulders dropped n the 50 foot zone. Mr Anderson requested that the boulders be looped around in order to accommodate the installation of a well. BP asked if anyone went to Mass DOT for the design of the storm drain. Mr. Anderson noted that DOT would not have any design on a road this old and did walk the storm drain areas. BP indicated he was not in favor of the boulders at the 50- foot line. MM noted the will review the erosion/seed mixes. There was no public comment. A motion was made to approve the driveway with the addition of the boulders within the 50 foot zone and the stabilization ix to be determined by the administrator by KJ and a second by BP the roll call vote was unanimous to approve. ===PAGE 5=== CONTINUED FROM PREVIOUS MEETING :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.com . Mr Anderson explained the location of the home with respect to the wetland. JR asked about mitigation of the driveway. Mr Anderson noted the driveway is pitched to a stone drain and daylighted down stream on the property. Roll call to approve was unanimous. Motion to approve with the addition of the rip rap specifications added by JR and CC seconded. CONTINUED FROM PREVIOUS MEETING :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.com Chris Anderson appeared resenting the applicant and outlined the proposal for the commission with the added proposal of the boulders. A motion (see above) was made by JR to approve and TD seconded the motion and unanimously approved by roll call vote. Motion by BP and a second by KJ to allow MM to sign for the members. 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.com. Frank McPartland represented the applicant and noted to the commission events since the last meeting. He noted the MEPA certificate was issue on April 10, 2020. He noted that the certificate would require the review go to resubmit the ENF. He outlined that the screening operation was moved out the zone II and III and there will be no storage of fuels within that area as well. He also outlined the revisions that were made by the applicant to address DEP and commission comment. The Planning Board closed on the stormwater permit on Monday evening. He outlined the required soil borings and related the results to the commission. There was no public input. BP moved to approve the plans. KJ seconded and the commission vote unanimously to approve. There was a motion by BP with a second by KJ to allow MM to sign the Order of Conditions. 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.com. CL requested the if the hearing is continued that a status report be filed at a minimum. Cl moved to continue to May 6. KJ seconded and the commission approved unanimously by 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.com. Appointments : Neil Gorman informal discussion concerning potential construction at 238 Fire Road 16 Neil Gorman and Butch Magurn presented an information plan showing a plan for a single family home and its relation to the wetland resource areas. He outlined that there was a wetland area reviewed with MM noting that there is a wetland subject to local by law. He was asking for commission input in order to decide to proceed with the filing. RB examined the hydrologic connection between the lake and the ===PAGE 6=== isolated area. It was noted that there is a rare species habitat. It would be noted that it would go to MESA review. It was noted that there is an exiting road way which would not require major modification. MM recommended that the MESA review be completed prior to the filing of the NOI. Mr. Gorman noted areas of existing pervious surface that could be removed. CL noted the history of the site and confirmed the existence of the impervious pad. CL indicated he was concerned about any modifications of the 30 foot no touch zone. JR asked if the cart path was a public Right of way. Mr. Gorman noted it was private property. JR had spoke about relocating the garage and place it out of the foot zone. TD noted he was opposed to any work within the 50 foot zone. The septic system location was examined. Mr Magurn noted that they are current lake residents and are sensitive to the concerns in the lake and the remainder of the 13 acres would remain undeveloped. He noted that areas closer to the residents were steeper sloped areas and the proposed location of the proposed pushed maximize the flat parcel. They will propose more information. Appointment: Field Change Jon Hogue- MM outlined the field change He will monitor the construction. BP moved to approve the change. JR seconded and the commission vote unanimously to approve with TD abstaining. ENFORCEMENT Violations (Enforcement Actions and Administrative Hearings). 1. EO- 179/183 Island Road- continued discussion and administrative hearing MM outlined the history of the site and the enforcement actions. RB asked the commission to addressed the outline for remediation. MM noted the survey was underway. TD feels the survey is a critical component and it should be used to contribute to a resto ration plan. The lake is currently to high for the removal of the sand. BP noted that the sand should be removed. He feels the sand should be removed. He noted the stone wall is 44 feet to the water now and not 50 feet. He further noted that there should b e remedial planting done for the displacement of any BVW and fining is in order. CL noted that then report should be amended to add the fact that the 44 feet from wall to shore was no t an issue. KJ wants to wait for the survey to be completed. JR asked if there could be an incentive added for a fine. BP feels a revegetation plan should be discussed and approved by the commission. Joseph Obrien noted that he contacted Stan Dillis and will have the survey required by the commission added. He will have the high-water mark. MM felt adding the BVW as Mr O’Brien outlined was a good idea. The commission confirmed it agreed with the direction of re-staking the wetland. Mr. O’Brien noted that the sand still on the area that was altered was the remains of the sand from the original pile and he can get rid of it now and scrape it to the loom layer. He asked if it could be regraded and seeded. He noted that he would have the engineer draw on the shrubbery. He offered to start planting bushes now. CL feels we need to get everything documented prior to the start of work. He feels that there was grading of the 50 foot area and feels that there should be some survey work done on the grading that had happened. RB noted that plans approved in May 2019 did not have that level of detail. JR reviewed photos he had taken of the site. It showed grading within the waters edge and the retaining wall by the edge showing what appears to be a modification to the wall. JR asked that the sand be removed now. Paula Bertram noted that there was 3 abutters to the properties that can no longer access the water and that she felt the wattles were insufficient. Joan Pease noted that the revegetation should not consist of lawn and that it should be replanted as soon as possible. Mr. Obrien consented to allow MM to contact survey . He will initiate contact by both writing and phone calls. 2. EO-164 Page Street – Continued actions – to be removed by May 2020 noted nothing has been done to date MM to send out an administrative notice by a motion of CL and a second by TD. Letter to be sent by certified mail. ===PAGE 7=== 3. EO- Town of Lunenburg Fire Road 12 ENF 2019 Updates( If any) New Business - Site Walk for Gilchrest Street Property for trail access- report on walk with Kevin Hill MM Noted that he walked the property with the Chairman and Matt landry. They will grade off a 3 foot wide path from the road to the driveway to be completed in the next month. MM noted a NON has been sent to the owner of 9 Valley Road to file a retro active RDA by April 30, 2020. Open Space parcels (non conservation) discussion ( if any update) Revisions of Land Use Policy – BP noted that he sent the commission during the meeting an email from the meeting he had with Adam Costa. Old Business – Update on trails grant – status of contracts Certificates of Compliance – Extension Permit – Minutes of previous meetings - review of April 1, 2020 minutes - Action was delayed until the May 6 meeting to allow MM to make amendments to the draft minutes . Committee Reports – Any Updates Administrator’s Reports/action items: Open space and land and Trail use issues and strategies Winter trails  Hickory Hills general updates  LSIC receipt of annual report  Update on hunting Signage  Communications / public comment/ Adjourn  Meeting Schedule- Next meeting is May 6, 2020 at 7 PM The meeting was adjourned at 12:08 AM by a motion of TD and a second by KJ.