===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 August 19, 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/82112660270 Meeting ID: 821 1266 0270 One tap mobile +13126266799,,82112660270# US (Chicago) +19292056099,,82112660270# US (New York) 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. ===PAGE 2=== 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. 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. All member present. Meeting called to order at 7 PM by Chairman Pease NOTE: ALL VOTES TAKEN BY ROLL CALL 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 noted she received 2 calls from residents and wanted to utilize clipper in the May Cove for the summer season. She wanted the commission to know if they could consider allowing it. MM noted that clipper was allowed to be used but without the order in front of him he could not recall what the requirements for scheduling was and the commission would have to consider it. TD asked the exact location of the cove. CL felt due to procedure it cant be considered under the agenda MM asked if the treatment was for safety. Joanna noted it was for both safety and for density. RB asked how effective was the treatment. She noted that it seemed effective and Dominic was going to write a report. RB asked if there was more spot treatment being planned. Joanna indicated yes. RB noted he agreed that we needed to put it in a subsequent meeting. JR agreed. TD was on the lake and the water level was down and the weather that we have been having the water is quite shallow and could be over run. MM noted that we still should have more information and it should wait for the next meeting. Appointments/Hearings –commences at 7 PM Appointments: 1. 72 Hemlock – map with tree plantings, species and signature BP noted that the applicant submitted a signed and dated map showing that 2 white spruce and 2 balsam fir. He asked for a motion approving the plantings with the conditions with the caveat that the balsam fur oif they die would be replanted. RB asked how long should we give it to ensure survival. KJ said 2 growing seasons. KJ moved the the approval, JR seconded and the commission approved unanimously. CONTINUED: 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 a nd 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 applicant represented himself. He explained the project to the conservation commission complete with the scope of work. TD examined the toe of the bottom of the wall and noted that there was dimension of the deck that might be lost. It was noted that toe of the bottom would remain the same at the lake bed. MM noted the DEP comments and the fact they wanted land under water addressed. TD and Mr. Emkey both examined the plans along with CL and decided that the toe needs to meet in the same place as not to allow filling in the lake. CL noted that there was a lot of excavation and that should be considered. ===PAGE 3=== JR noted that a 6 inch aluminum grate should run in between the patio and wall to allow for drainage to properly convey. A motion was made to approve with the modifications suggested above by a motion of CL and second by JR with a vote to approve by roll call CONTINUED 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. Work propose d is ( Continued )the restoration for vegetation removal.also proposed ( New) is for the placement of a staris and dock 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, Angela Chebuske representing. She noted that Hannigan Engineering was retained officially to complete the survey and the engineering for the work prepared in the Notice of Intent. She asked for further clarification of the commissions desires for replanting. BP feels there is not enough information to be able to further ruling. Ms Chebuske reviewed the filings. She had spoken to a previously submitted narrative addressing the concerns. CL asked about the dock and winter plans. MS Chebuske noted that the dock would be pulled out for each winter to prevent any potential damage. It would be taken from the lake and placed on t he stair case on top of the peninsula. TD noted that it would placed on its side. CL TD noted he has been by the dock and it extends only 28 feet out and does not share CL’s concerns about the length. He did note that while he understands his concerns the do ck is there and it appears there is plenty of room. JR noted he spoke to residents about concerns expressed. RB asked if there is any other construction proposed as it as the stair end. BP noted that there are other areas where there are docks with no houses. The Commission continued the matter until the September 2, 2020 meeting with a motion of TD and a second by KJ with a unanimous vote to approve. CONTINUED: 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 a determination by Marley Dixon for work at 307Townsend Harbor Road will be held. Work proposed is the placement of a privacy fence and a sunscreen house. 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, NOTE : JR Recused from the hearing as he is an abutter. Marley Dixon appeared before the commission with Martha Gray. The outlined the project for the commission. CL examined the location for the fencing. It was shown by the applicant that the current path would not be obstructed. CL also noted that the deck previously approved was permeable and expressed a concern that the addition of the screen house covering with a roof would render the area impervious. M. Dixon noted there would be gutters that would empty into rain barrels mitigating the erosion. CL asked why an umbrella cant be used. It was noted that due to the location, the heavy air current carries them away and breaks them. CC examined the structure and asked if the structure was temporary could it be considered for the RDA or did it need a Notice of Intent.. RB moved to approve a negative determination allowing the fence and deny the screen house. TD seconded and the commission approved the motion by a roll call vote of BP, RB, TD, CC, Cl and KJ voted no CONTINUED: 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 a determination by Andrew Leblanc for work at 362 Townsend Harbor Road will be held. Work proposed is the placement of a dock 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, BP noted the work proposed. CC noted that the application had the wrong scope of work on it. TD asked about dock materials and if it was a temporary dock . The Commission voted to continue the meeting until the Sept 2, 2020 meeting to allow the applica nt to gather the information. The motion was made by RB with a second by CC and a unanimous roll call vote CONTINUED: Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Pr otection and Municipal Bylaws a public hearing on a Request for a determination by David Fienberg for work at 25 Cliffview Terrace will be held. Work propose d is the placement of a Raft and ramp 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, Mr Fienberg appeared in his behalf and the site inspection made was recalled. A motion was made to issue a negative determination by CL and a second by RB and a unanimous roll call vote to approve. ===PAGE 4=== CONTINUED: 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 a determination by Joseph and Amanda Levine for work at 163 Island Road will be held. Work proposed is the placement of a free floating dock .The supporting documents is 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, M. Levine appeared before the commission on his own behalf. After reviewing the plan provided,TD motioned to issue a negative determination JR seconded and the commission approved the motion by roll call vote unanimously. CONTINUED: 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 a determination by Maryellen Betollini for work at 45 Island Road will be held. Work proposed is the placement of a Rolling Dock. 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, Maryellen and Francesca Bertollini. They reviewed the proposal for the placement of a dock. A motion was made by JR to issue a negative determination. It was seconded by RB and the commission voted unanimously by roll call v ote to approve the motion. 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 Mary Ann Doherty for work at 214 Townsend Harbor Road will be held. Work proposed is the installation of a dock. The supporting documents are available for review at the Conservation Commission office by calling 978 -582- 4146 ext. 431 by appointment. Ms. Doherty appeared before the commission and reviewed the dock location. A motion was made by JR to approve a negative determination. A second was made by KJ. . The motion was approved unanimously 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 meeting on a Request for a Determination by NJLJ Properties work at 400 Electric Ave will be held. Work proposed is the Placement of a shed. The 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, NOTE : RB RECUSED HIMSELF MM reviewed the plans with the commission showing the shed. It was noted that a silt sock on a catch basin was removed. A motion was made to issue a negative determination by CL and a second by KJ with a unanimous vote by roll call to approve. Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public meeti ng on a Request for a Determination by Michael Defazio for work at 130 Flynn Road will be held. Work proposed is the Reconstruc tion of an existing garage. The supporting documents are available for review at the Conservation Commission office by calling 9 78- 582-4146 ext. 431 by appointment. Mr DeFazio appeared before the commission He reviewed the scope of work with the commission. RB asked for erosion protection to be added to the plan. TD noted he felt this should be a Notice of Intent as a determination could not sufficiently conditi on the scope of work. A motion was made by RB for a positive Determination with a second by TD. The Commission unanimously approved the motion by a 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 John D. Reynolds for work at 91 Lancaster Ave. will be held. Work proposed is the teardown and rebu ild of a single family home. The supporting documents are available for review at the Conservation Commission offi ce by calling 978-582- 4146 ext. 431 by appointment. Mr. Reynolds appeared before the commission representing himself. It was noted the scope of work was for a tear down and rebuild of a single family home within the existing footprint as the home was dama ged by fire. The Commission reviewed the plan and recalled what was seen on the lot for a resource area and requested that the applicant place wattles in front of the stre am. MM noted the stream was from an area formerly culverted and the stream was day li ghted. There is a wetland upstream and down stream hence creating the jurisdiction. A motion was made by KJ to issue an order of conditions with the extra addition of er osion protection added to the Order. A second was made by CC and the commission unanimo usly approved the motion. ===PAGE 5=== 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 Jason and Kathleen Martin for work at 45 Parmenter Street will be held. Work proposed is the modification of a 20 foot section of a stone wall. The supporting documents are available for review at the Conservation Commission office by calling 978-582-4146 ext. 431 by appointment Jason Martin was present. MM noted he was contacted by DEP and the DEP representative feels that the work being within a resource area should have a positive determination. Mr. Martin explained that the reason for removing the wall was for safety for his small children to have a gradually sloped area to access the water safely. MM explained the Notice of Intent process to the applicant. CL noted that the current proposal has a lot of digging and agreed that a positive determination was appropriate. RB moved for a positive determination. KJ seconded and the commission voted unanimously to approve the motion by a roll call vote. CONTINUED: 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 Lunenburg Housing Authority for work at 125-129 White Street will be held. Work proposed is the replacement of a septic system,. 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, Owen Gannon represented the applicant. JR examined soil types and location of the system to ensure it was optimized. RB examined the riverfront and noted the erosion protection should be survey located to ensure there is no intrusion in the rive rfront. He also examined if sewer was within a reasonable distance from the property and it was determined that it was not. KJ moved to issue an Order of Conditions with the condition the erosion protection be survey located in the field. RB seconde d and the commission voted unanimously 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 Jamie and Merrill Blood for work at 1387 Mass Ave. will be held. Work proposed is the Co nstruction of a deck, pool and a detached garage .The supporting documents is available for review at the Conservation Commission office by calling 978-582-4146 ext 431 by appointment. Brandon Ducharme was present to represent the applicant, who was also present. He explained the proposal and scope of work. JR noted that he was concerned about the discharge of the water and its direction to the wetland. CL noted that there was wor k that had been completed resulting in some material being stockpiled near th e wetland. He wanted to know when that could be removed. The location of a small section within the 50 foot no structure zone was examined. RB asked about the ownership of the 2 lots that comprise the proposal. It was noted that one of the owners of the second lot was also the applicant and that the lots were in the process of being combined by the planning board. RB also noted that once the lots were combined the driveway could be moved over to allow for the pool to be moved out of the no structure zone. Mr. Ducharme also noted that the filter discharge could directed to the drainage trench. After discussion of the above points the hearing was continued by a motion of RB and a second by KJ with a unanimous vote to approve. CONTINUED: 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 Joanne Magurn for work at 238 Fire Road 16 will be held. Work proposed is the Construction of a single family home, driveway, well and sewage disposal system with portions of the construction within the 100 foot buffer zone. Application and supporting documents are available for review at the Conservation Commission office by call ing 978-582-4146 ext 431 by appointment. Emailing a PDF is also an option on request by emailing lcc@lunenburgonline, Neil Gorman was present for the applicant along with Brian Butler from Oxbow Associates. They explained the scope of work and the terrain involved with regard to the construction of the driveway, the house and septic system. Flood plain and endangered species habitat issues were also reviewed. JR reviewed the culvert habitat crossing and the driveway. CL examined the garage location an d the existing patios. RB asked about alternative locations for the construction of the house and how much impervious was within the 30 foot no touch zone an d the 50 foot no structure zone. The Commission expressed a desire to have the applicant consider alternatives and to conduct another inspection. The Commission also asked for trees proposed to be removed be marked on site. The Commission continued the hearing to September 2 by motion from KJ and a second by JR and a unanimous roll call vote. ENFORCEMENT : ===PAGE 6=== Violations (Enforcement Actions and Administrative Hearings). NON 99 Ruth Street – update See above EO- 183 Island Road- update EO-32 Brookview Ave, Patricia Adams MM had sent out the fines as the commission voted and was awaiting for the deadline of response to occur before recommending further action EO- Town of Lunenburg Fire Road 12 ENF 2019 Updates ( If any)- Adam Costa has been authorized and is working on a draft letter to the residents that committed the intrusion NON – 232 Burrage Street – NOI will be heard on Oct 7 NON - 400 Electric Ave – resolved this meeting NON - 615 Townsend Street – MM noted that the removal of the offending material has been completed and recommends no further action NON – 1275 Mass Ave- MM is working on the documentation with the owner NON - 9 Valley Road- Working on NOI with the owner and the water department New Business – Update on meeting with Adam Costa and website updates- BP updated the commission with his session and the answers he received from Adam Costa. He also reviewed other issues of encroachment and the procedure used to follow such as in the case of the fire ro ad 12 issues. The Commission agreed as a body encroachment issues should be pursued. RB noted the commission has a duty to protect the open spaces for all to use and encroachment takes away from that. He also recommended that if the encroachment doesn’t infringe on use of the overall town parcel, at that point we can negotiate an easement with the owner. 61 A release request 250 Howard Street _ BP noted that the open space committee has already requested the land be obtained by the town. After discussion, the commission voted to send a communication to the Board of Selectmen by a motion of KJ with a second by CC and a unanimous roll call vote to approve the motion. - Request to name a stream in the Cowdery and an appointment to the planning board to economic development committee. After discussion the commission declined the suggested name change as the suggested name had no history with the town. The motion to disapprove was made by KJ and a second by CC with a unanimous roll call vote to approve. Old Business – – Draft Violation letter—After review the commission voted to have MM use the letter drafted as a second step in situations at his discretion by a motion of KJ and a second by CC with a unanimous roll call vote of the commission. Modification of amount of payment on bill inserts: MM noted that the amount of money need for the bill insets was higher than the initial 500 dollars than the commission had approved and asked for 850 dollars. KJ suggested that it be elevated to 1000 dollars as precaution and the motioned for the total authorized amount of 1000 dollars as a maximum. CL seconded and the commission voted unanimously. Update on trails grant – status of contracts Certificates of Compliance – 675 Reservoir Road, Paul Gougen on hold 649 Reservoir Road – John Sodano- the Commission voted to approve the certificate by a motion of CL and a second by KJ with a unanimous roll call vote to approve the motion 109 Young’s Road – Ken Mattson - the Commission voted to approve the certificate by a motion of CL and a second by KJ with a unanimous roll call vote to approve the motion Extension Permit – non to present Minutes of previous meetings - July 1 and 15 2020 The Commission had not completed the review of the July 15 meeting however, the July 1 was approved as amended by a motion of KJ and a seconded by CC with a unanimous vote to approve the motion. Committee Reports – Any Updates Administrator’s Reports/action items: ===PAGE 7=== Administrators determination – Tree removal 67 Sandy Cove Road, Lorraine Dunham – MM noted after consulting with the Chair, he issued an emergency certification to this address due to the damage of a tree due to the recent microburst. The tree had Split. Open space and land and Trail use issues and strategies – RAYNO Forestry Planning /Encroachment on town open space Hickory Hills update Communications / public comment/ Adjourn - Meeting Schedule- Next meeting is September 2, 2020 at 7 PM The meeting adjourned at 12:06 AM by a motion of KJ and a second by CC.