===PAGE 1=== Town of Lunenburg Conservation Commission Bob Pease, Chair Tel: (978) 582-4146 Kenneth Jones, Vice-Chair 960 Massachusetts Ave. Richard Bursch Lunenburg, MA 01462 Catie Childs Carl Luck Jack Rabbitt Matthew S. Marro, Todd Dwyer Conservation Administrator MINUTES July 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 at a future time. ( no live broadcast ) 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 found on the Lunenburg Access YouTube channel within 24 hours after the meeting. To Participate Remotely on Zoom members of the public may use cell phones, tablets or computers with audio and video capabilities. The Zoom Meeting ID is Join Zoom Meeting https://us02web.zoom.us/j/81426224947 Meeting ID: 814 2622 4947 One tap mobile 888 475 4499 US Toll-free 877 853 5257 US Toll-free Meeting ID: 814 2622 4947 No participant ID is needed, just press # when asked. All participants who are not members of the commission or staff will be muted by the chair. Computer and app users may use the “raise hand” feature to request to speak. To access the raise hand feature, open the participant list by clicking on participants. To raise your hand, click on the button at the bottom of the participant list. The chair will call on you and unmute you. Telephone audio users may dial star 9 to request to speak after joining the meeting. Members of the public must give their name and address before they begin speaking. Please direct all comments to the chair. If you have trouble accessing zoom or have general questions you can send an email to lcc@lunenburgonline.com during the meeting. Emails containing questions or comments that are to be read aloud at the meeting must be signed with full name, address and phone number. Please be aware that if you are using video, other people will be able to see you and that anything that is broadcast will be recorded. ===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. Each vote taken in this meeting will be conducted by roll call vote. AGENDA 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 Meeting was called to order by Chairman Pease at 7 PM with all member in attendance except RB Appointments/Hearings –commences at 7 PM Appointments: 1. 72 Hemlock – map with tree plantings, species and signature (continued) BP noted that the owner attempted to participate, however had difficulty getting recognized and will participate at the next meeting on 8/5/2020. CONTINUED :Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protectio n and Municipal Bylaws a public hearing on a Request for Determination of Applicability by Rene Leblanc for work at 135 Gilchrest St will be held. Wor k proposed is construction of a garage addition Application and supporting documents are available for re view at the Conservation Commission office by calling 978-582-4146 ext 431 by appointment. Emailing a PDF is also an option on request by emailing lcc@lunenburgonline, the meeting is scheduled July 15 2020 by zoom remote Zoom information will be published on the town calendar on July 13,, 2020 Mr Leblanc came to the meeting representing himself. He outlined the project to the commission, which was a detached garage. TD asked if the garage was a poured slab. It was noted that it was a full frost wall. TD also asked MM why this was not a Notice of Intent. MM noted it was a very slight intrusion into the buffer zone and the proposal was in developed area and the total wor k within the buffer zone and grading was well under 5000 sq feet. JR noted that there were mounds of sand in the rear yard? BP noted that it was out of jurisdictional areas. Mr. Leblanc noted there would be some piles of dirt from the excavation and that it would be there for a short duration. TD mentioned that a line a wattles would address concerns on erosion placement. Mr David Passios ( former co-owner ) on 125 Gilchrest Street noted that there was a previous hearing on this lot prior to the house being built and noted the history of the lot and the concerns from the prior hearing that flows were not to be disturbed. JR moved to issue a negative determination with the addition of straw wattles to be placed. CL seconded and the commission approved the motion by a unanimous roll call vote. CONTINUED: Pursuant to MGL ch 131, s 40 and Lunenburg Wetlands Bylaw and regulations as listed in chapter 239 Andrew LeBlanc has filed a request for a determination of applicability for addition of washed sand to an existing beach at 326 Town send Harbor Road. There is no sand proposed within a body of water 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 is scheduled July 15 2020 by zoom remote Zoom information will be published on the town calendar on July 13,, 2020 MM outlined the changes on the plan the commission asked for. JR noted that 8 to 10 yards of sand were deposited and no more and it appeared to be fine to him. CL moved to continue to allow for the quantity of sand to be added to the file. JR seconde d. KJ noted that he feels the plans were addressed satisfactorily. The motion failed by a roll call vote of by a vote of BP, KJ, TD and JR and a yes vote by CL and CC. TD moved to issue a negative determination with the condition that the volume and dimensions b e added to the plan be added to the plans. KJ seconded The vote passed by a vote of BP, KJ, CL, TD and JR yes and CC no. ===PAGE 3=== CONTINUED: Pursuant to MGL ch 131, s 40 and Lunenburg Wetlands Bylaw and regulations as listed in chapter 239 Robert Correa has filed a request for a determination of applicability for the modification to an existing retaining wall and spot dressing the rear yard and the addition of gravel to an existing driveway at 932 Flatt Hill 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 is scheduled July 15 2020 by zoom remote Zoom information will be published on the town calendar on July 13, 2020 BP brought the memorandum and pictures submitted by MM. JR asked where all of the sand behind the swing set came from. And wanted to know if that was clearing work. MM noted the soils were used for top dressing and there was no recent cuts. CL note d a second pile. Mr Correa noted soils were to be used for top dressing the lot. TD clarified the soils would be used for top dressing. Mr Correa noted he could remove some of the excess soils from the property if the commission wanted, however, he was planning on using this for top dressing. JR asked where the soil came from. Mr Correa noted that the soils came from the lot after digging the soils out for the wall modification. CL noted that erosion protection should be placed in the area where the soils are placed . BP noted that it should be included in a motion. TD suggested using a tarp as well. BP thanked MM for the documentation of the overall previous work. TD moved to issue a negative determination to ensure the soils are tarped and wattles placed. The motion was passed by a unanimous roll call vote. Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Request for Determination of Applicability by Gary Williams for 99 Ruth Street will be held. Wo rk proposed is the restoration for vegetation removal. Application and supporting documents are available for review at the Conservation Commission office by calling 978-582-4146 ext 431 by appointment. Emailing a PDF is also an option on request by emaili ng lcc@lunenburgonline, the meeting is scheduled July 15 2020 by zoom remote Zoom information will be published on the town calendar on July 13, 2020 Angela Chebuske appeared on behalf of Mr Williams. BP recounted the previous meeting where a Notice of Intent would be filed for the maintenance of the peninsula and that a request for a determination would be filed for the dock and the stairs. BP asked if it would make more sense to have the remedial work and maintenance be on the NOI. CL and TD agreed. JR asked about a comment made at a previous meeting where the stairway could be moved to a heavily used area. BP noted that this was not the subject of the current RDA and would be added to the NOI. CC and KJ also agreed. Ms. Chebuske noted she understood the concerns and expressed reservations about moving a dock to the heavily used area as it could result in actual further damage to the area. She also noted that she made an inventory of the trees cut and is formulization a plan. She also is mobilizing an engineering company that will be working on the Notice of Intent. MM noted that he felt her approach was thoughtful in addressing the concerns expressed by the commission and was of the opinion that the NOI process should go forward. Jim Lavoie an abutter asked about clarifying the process. BP noted the process to be followed.. TD noted the last meeting it was decided to allow t he dock and stairs to remain while under consideration. He noted that removing it would be more detrimental at that point in time. CL noted that if the stairs are allowed that the process of considering alternative locations needs to be thought of at this poi nt in time. CL noted some concerns about boating safety with the current location of the dock. Ms. Chebuske noted that the engineering firm has been retained, the RDA’s as directed have been filed and the engineering firm is coming up a scope. Jim Lavoie asked why there was still an enforcement action on the agenda. BP noted that all enforcement issue on the agenda remains until the issue are resolved. After further discussion, a motion was made to continue to the Aug 5 2020 meeting by KJ with a second by TD and a unanimous vote to continue. Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Request for Determination of Applicability by Michael Hughes for 131 Reservoir Road will be held. Work proposed is the placement of a shed ( 131).Application and supporting documents are available for review at the Conservation Commission office by calling 978-582-4146 ext 431 by appointment. Emailing a PDF is also an option on request by emailing lcc@lunenburgonline, the meeting is scheduled July 15 2020 by zoom remote Zoom information will be published on the town calendar on July 13, 2020 Mike Hughes came to the meeting to represent himself. Mr Hughes explained the project to the commission. Cl confirmed the areas noted by color on the as built with M. Hughes. Brian Marchetti spoke in behalf of the applicant and as the author of the as -built. Cl noted a requirement for border markers. Mr. Machetti noted that the borders did not apply to that lot on the Order of conditions. Cl noted a meeting of June 19, 2019 for the use of alternative markers. After some discussion it was noted that it would come up at a later portion of the agenda. JR moved to issue a negative determination with a second by CC and a unanimous vote to approve. Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Request for Determination of Applicability by Dan Rudy for 143 Reservoir Road will be held. Work proposed is the Construction of a deck.Application and supporting documents are available for review at the Conservation Commission office by calling 978-582-4146 ext 431 by appointment. Emailing a PDF is also an option on request by emailing lcc@lunenburgonline, the meeting is scheduled July 15 2020 by zoom remote Zoom information will be published on the town calendar on July 13, 2020 ===PAGE 4=== Mr Rudy appeared before the commission to represent himself. TD noted that any work cannot extend out of the area outlined and into the restored areas. Brian Marchetti noted the edge of work is very defined on site. KJ moved for a negative determinatio n and a second by CC. The motion was approved by a unanimous roll call vote. Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Request for Determination of Applicability by Eugene and Deborah Normandin of 240 Townsend Harbor Road will be held. Work proposed is the replacement of a dock at Hickory Hills Lake .Application and supporting documents are available for revi ew at the Conservation Commission office by calling 978-582-4146 ext 431 by appointment. Emailing a PDF is also an option on request by emailing lcc@lunenburgonline, the meeting is scheduled July 15 2020 by zoom remote Zoom information will be published on the town calendar on July 13, 2020 Deborah Normandin appeared before the commission on their own behalf. JR expressed the commission should await the hickory hills associations approval. KJ moved for a negative determination TD seconded and the commission unanimously app roved the motion by roll call vote. Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Notice of Intent by William Emkey of 445 Townsend Harbor Road will be held. Work proposed is the repair and reconstruction of a retaining wall at Hickory Hills Lake .Application and supporting documents are available for review at the Conservation Commission office by calling 978-582-4146 ext 431 by appointment. Emailing a PDF is also an option on request by emailing lcc@lunenburgonline, the meeting is scheduled July 15 2020 by zoom remote Zoom information will be publishe d on the town calendar on July 13, 2020 The Commission is awaiting the issuance of the DEP number ENFORCEMENT : Violations (Enforcement Actions and Administrative Hearings). NON 99 Ruth Street – update- see above EO- 183 Island Road- Awaiting for the town attorney. Based on discussion with the owner, the commission clarified that the wall in its place could remain. The Commission decided that the plantings could proceed and will await the Town Coun sel for the deed restriction language. EO-32 Brookview Ave, Patricia Adams – The Commission reviewed pictures on site taken by Commissioner Luck and the commission requested Mr. Marro send an Enforcement Order and request for the Notice of Intent and a fine for 600 (300 to the owner and 300 t o the logging Company) dollars by a motion of CL and a second by JR with a roll call vote to approve by a yes vote from CL, JR, TD and CC and a No vote by BP and KJ EO- Town of Lunenburg Fire Road 12 ENF 2019 Updates( If any) NON – 232 Burrage Street – MM noted it would be on track for the Aug 8 th meeting NON - 400 Electric Ave – RDA scheduled for the 8/5/2020 meeting NON - 615 Townsend MM is working with the owner on the RDA NON - 9 Valley Road- MM working out filing details with the owner and the Wate r division New Business – Draft Violation letter template- to be reviewed at subsequent meeting. Old Business – – Office reopening progress report Part 3 MM updated the commission on the progress of the office reopening. Update on trails grant – status of contracts Certificates of Compliance – 675 Reservoir Road, Paul Gougen- The as built is underway but has not yet been submitted Reservoir Road Restoration for 167, 155, 143 and 131 Reservoir Road by Residents- CL noted a section of regulation that he feels the letter generated is not sufficient. MM clarified the wording referenced was overcome by the presence of the plan. He noted at that point during the implementation of the original boiler there were as built not from Engineers. Brian Marchetti noted the certification that he placed on the letter that was more specific. A motion for issuance for 167, 155, 143, 131 by KJ and seconded by TD with a unanimous vote to approve by roll call vote. 649 Reservoir Road – John Sodano It was noted that this issue would be ===PAGE 5=== continued as the as built needed corrections 109 Young’s Road – Ken Mattson MM noted the site visit with CL. The Commission approved the issuance of the Certificate by a motion of CK and a second by KJ with a unanimous roll call vote to approve the motion Extension Permit – exemption permit modification from the Governor’s office – MM noted that permits are not expiring during the pandemic emergency, however, the office is taking timely request and holdi ng them until the state of emergency is over, Minutes of previous meetings - review June 3, 17 and July 1 2020- Minutes were placed on hold pending input changes MM received from the commission Committee Reports – Hollis Road: KJ noted the eagle scout bat houses and pollinator plantings have been completed. JR noted the storm-water committee is going to be reformed Administrator’s Reports/action items: Administrators determination – Micke Dutton 54 Pine Acres. Removal of 2 tress MM reviewed the trees by photos with the commission. The Commission approved the administrators determination. Open space and land and Trail use issues and strategies BP noted that there was a no trespassing sign on the stagecoach road by our open space e ntrance and BP is investigating. BP outlined items he will be discussing with Town Counsel ranging from non jurisdictional issues and remote meetings. BP asked , due to historical issues with August, if everyone was going to make the 8/5 meeting. Only KJ noted he may not be able to make it. BP asked the commission asked the commission check into the issue of a commercial lettuce growing factory that wishes to come to town. Hickory Hills update - None Communications / public comment/ Adjourn - Meeting Schedule- Next meeting is August 5 , 2020 at 7 PM The meeting adjourned at 10:23 PM by a motion of KJ and a second by TD with a unanimous roll call vote to approve.