===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 May 20, 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. Join Zoom Meeting https://us02web.zoom.us/j/85167403113 Meeting ID: 851 6740 3113 One tap mobile 888 475 4499 US Toll-free 877 853 5257 US Toll-free Meeting ID: 851 6740 3113 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. MINUTES 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 Joanna Bilotta thanked RB for his work as chairman and read a statement recommending that Bob Pease be nominated as chairman. Appointments/Hearings –commences at 7 PM RB called the meeting to order Appointments: Mark Bursch Proposed work on 150 Cross Road MM noted the file was actually not closed out, he had rejected the request in the fall as there was still the land that needed to be stabilized. TD chaired as RB recused himself. TD reviewed the proposal discussed at the last meeting with the commission. BP has no problem allowing it as a field change and noted it was mostly outside the 30 and 50 foot zones. CL noted that it should be made clear on the drawing what amount of trees are going to be cleared and remain. CL would like to see the grade noted as well on the plan. JR asked of this will be permeable? Mr. Mark Bursch noted it will be grass and garden only. Motion to accept as a filed change with the additional that the trees to remain and be noted along with a note on the grade change was made by KJ with second by CC and a unanimous roll call vote to approve the motion. 1. 72 Hemlock – map with tree plantings plan needs signature and date and type and size of trees to be placed.to be placed on the next meeting. 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. The calculations were reviewed by the commission. It appeared that the pre and post development was essentially Identical. TD Concurred. It was noted by RB that this was the last item required by DEP. CL examined the calculations would like to ask the engineer questions or conduct a peer review and was skeptical of the calculations. TD noted that the biggest difference was in the resistance of the pipes between pre and post and noted that the interior of the pipe would accommodate more flow efficiently. JR asked If the pipes had a stack configuration. It was noted that it was side by side. He would like to ask the engineer a couple of questions of the engineer. BP noted he was ready to vote as an engineer put his stamp on it. A motion was made to issue an Order of Conditions by KJ and a second by TD. CL inquired about the open bottom and the current culvert as is appears to not meet the stream crossing standards. MM noted that a critter crossing was added to the plans. The motion as approved by a unanimous ro ll call vote of the commission. Pursuant to MGL ch 131, s 40 and Lunenburg Wetlands Bylaw and regulations as listed in chapter 239, Alex Yawor has filed a request for a determination of applicability for the construction of a deck at 226 Sunset Lane. Appl ication 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 remotely on Zoom. Please email for zoom information or consult the town calendar for the agenda information to be posted May 18, 2020 ===PAGE 3=== Alex Yawor represented himself. Mr Yawor outlined the existing project proposal. He proposed replacing the exiting deck with a new deck adding a roof to it. The deck is supported by 4 by 4 posts which will be replaced by 6 by 6 posts. There is four of them with a concrete patio. RB noted that there would be no increase in impervious as the under portion of the deck is concrete. It was also noted by BP has gutter drains leading to a dry well. TD noted that he had no issue with the proposal in question. He no ted that there was a gazebo on site within the 30 foot no touch zone. That was not on the plans. The applicant noted that it could be addressed on another application. CL agreed with the applicant. BP made the applicant aware that he would have to start a whole new application and wanted to ensure he understood that. Mr. Yawo r noted that his research indicated that he built the gazebo area met regulations. TD understood the applicant understood the applicants concerns, he noted with the applicant the actual Lunenburg By-law regulations. TD was concerned that we should address it upfront now and amending the file. RB noted the options of either moving forward with the application now or addressing it in the future. CL noted that he would be amenable to the application being modified after reconsideration. JR asked if the Gazebo was movable. Mr Yawor indicated it was placed where it was due to the size of his lot. He indicated that he attempted to do everything correctly. KJ noted that we should allow the application should move forward and place the other issue on another agenda. TD noted the construction of the actual gazebo. He noted that the members were impressed by the construction and felt that it could be granted a variance and should be considered by the membership in total. It was determined the Gazebo structure should be removed. A motion was made to issue a negative determination for the deck reconstruction as proposed with the stipulation that the Gazebo needed to be removed and the area restored to prior condition of grass by a motion of KJ with a second by BP and a unanimous vote by the commission. Pursuant to MGL ch 131, s 40 and Lunenburg Wetlands Bylaw and regulations as listed in chapter 239, Mike Guliani has filed a request for a determination of applicability for the construction of a patio and a dock at 3 Willderwood. 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 remotely on Zoom. Please email for zoom information or consult the town calendar for the agenda information to be posted May 18, 2020 The meeting was continued to the June 3, 2020 meeting for the addition of grading to the drawing by a motion of BP and a second by CC. Pursuant to MGL ch 131, s 40 and Lunenburg Wetlands Bylaw and regulations as listed in chapter 239, Leonard Gillis has filed a request for a determination of applicability for the construction of a Sunroom and a shed at 168 Goodrich Street. 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 remotely on Zoom. Please email for zoom information or consult the town calendar for the agenda information to be posted May 18, 2020 Mr. Gillis presented the plan and explained the new sunroom design. The plans were reviewed relative to the wetland. The hearing was temporarily continued to later in the meeting while updated plans were transmitted. The hearing was reconvened. It was noted that work was downhill from the wetland so no erosion protection would be required. BP mov ed to approve, seconded by CL. Roll call vote approved unanimously. Pursuant to MGL ch 131, s 40 and Lunenburg Wetlands Bylaw and regulations as listed in chapter 239, Elaine Stevenson has file d a request for a determination of applicability for the replacement of a septic system at 47 Charlton 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 remotely on Zoom. Please email for zoom information or consult the town calendar for the agenda information to be posted May 18, 2020 No representatives were present. CC moved to continue to June 3rd. JR seconded. Roll call vote was approved unanimously. ENFORCEMENT Violations (Enforcement Actions and Administrative Hearings). 1. EO- 179/183 Island Road- Seth Donohoe represented the owner. A new overlay plan was provided. Discussions focused on the dock location proposal. Concerns regarding the location and length of the dock were expressed by the LCC and Hickory Hills Associations representatives. The proposed 6 ft. wide path to the dock was new to the plan. There was consensus to allow a 4 ft. permeable pathway to the dock. Reduction of width was proposed. Questions were raised regarding the extent of the alteration of the location of the shoreline. Although there was some consensus that the shoreline was pulled back, it was generally supported that the shoreline should remain where it currently is as it provides more lake bottom. Any fill that was added needs to be removed. The location and size of the dock was not finalized pending Hickory Hills Association review and approval. TD does not support the new dock ===PAGE 4=== location since the tree has already been removed to allow the original proposed location. It was noted that Hickory Hills had approved the original location and is currently reviewing the new proposal. Key items to be included in approval were: 50 ft. deed restriction (wall can stay in place), replacing tree (2 for 1) removed for dock, remediation per plan, reduced walkway, removal of material added to lake bottom. Owner to incorporate items onto plan and finalize dock location for review at next meeting. continued discussion and administrative hearing 2. EO-164 Page Street – Continued actions – Certified return receipt mail being returned unaccepted by owner. MM will issue a single day fine of 300 dollars for failure to appear and failure to follow the previous agreed action on the enforcement. Motion to approve fine by TD, seconded by BP and passed unanimously. 3. EO- Town of Lunenburg Fire Road 12 ENF 2019 No Updates available MM is working with the town Manager, which has been delayed due to the pandemic issues 4. NON – 232 Burrage Street - NOI to be filed, draft plan expected next week 5. NON - 400 Electric Ave – MM working with engineer. Should have RDA o n agenda in June - in Progress 6. NON - 932 Flatt Hill Road RDA submitted Will be on for the 6/17 meeting 7. NON - 9 Valley Road – Owner not responding to accepted certified mailings. MM recommended a fine of 300 dollars be levied. The Commission approved by a motion of KJ and a second by TD with a unanimous vote by the commission. 8. NON - 615 Townsend Street – Violation acknowledged by owner. MM guiding him on filing. Site meeting scheduled for the May 30 site walks. 9. NON – 1275 Mass Ave – Mark Flagg aware and working on RDA 10. NON – 7 Willow Circle – will be on for the June 17 th meeting 11. NON 1445 Mass Ave _ MM to conduct a meeting with the owner by end of week. 12. NON 181 Reservoir Road – Owner will be in for the June 17th meeting 13. NON 99 Ruth Street – Administrative hearing – Owner did not participate but has engaging engineer. Consensus was that this was an enforcement issue and submitting a plan other than restoration plan was not what was expected. The Commission directed MM to issue an enforcement order with cease and desist directing the owner to appear at the next meeting on June 3 and that fines may be applied . The order will be delivered by the police. Motion made by BP, seconded by CC and passe d unanimously. 14. NON 1442 Mass Ave –Same issue as 1445 Mass. Ave. MM to arrange a site meeting Both to be at June 17th meeting 15. NON 4 Sunset Lane – Will appear for an amended NOI at the June 3, 2020 meeting. New Business - Open Space parcels – Subordination agreement for CR Northfield Road Old Business – Update on trails grant – status of contracts Certificates of Compliance – 675 Reservoir Road, Paul Goguen No action, waiting for As Built plan Extension Permit – Minutes of previous meetings - review of April 1 and 15, 2020 minutes Committee Reports – Any Updates Annual Reorganization of commission officers. The Conservation Commission reorganized with Mr Pease becoming Chair and Mr. Jones becoming Vice Chair. Chairman Bursch noted he won’t be able to attend meetings as much remotely due to upcoming travel and Mr Dwyer is anticipating taking a position on the Board of Selectmen as soon as the election is held. BP will also continue to oversee the LCC financial matters. Carl Luck was re-elected as Clerk Administrator’s Reports/action items: Open space and land and Trail use issues and strategies Rob Bowen was present to support approval of Conservation Restriction and address any questions on the execution of easement and subordination agreement. He confirmed that both Town Counsel and land owner were in agreement. Motion to accept the restrictio n was moved by CL, seconded by BP and unanimously approved. Hickory Hills update Agents Determinations- Field change to 50 Sunset Lane, tree removal 120 Peninsula Drive, 29 Pearl Street, Tree removal MM outlined the determinations to the commission: ===PAGE 5=== 120 Peninsula has a dead tree to be removed - The determination was approved as written. 29 Pearl Street – MM outlined a tree with compromised viability. The Commission voted to approve the determination with the condition another tree is replanted to repl ace. 50 Sunset was previously approved, and a change was requested to allow for the panting of a third hemlock. This was approved by the Commission. (Note CL recused) Communications / public comment/ Adjourn - Meeting Schedule- Next meeting is June 3 , 2020 at 7 PM