===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 September 23, 2020 VIA ZOOM Minutes 7:00 PM Call to Order – Announcements Meeting was called to order at 7 by KJ acting as chairman with CC, CL, TD, and RB in attendance 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 Jim Lavoie requested clarification of the agenda regarding 99 Ruth St. Appointments/Hearings –commences at 7 PM 7.1 Deed Restriction final version - EO- 183 Island Road - update After review, it was noted by CL that the meaning of the restriction was a little vague with respect to alteration versus grading in the 50m foot no touch zone established in the deed restriction,. MM suggested that the last paragraph have wording change from Grading to alteration. All parties were in agreement and it would be made and counsel would review. This will be continued until the Oct 7meeting . 7.2 Lunenburg Water Department/Tanner Cole - Stormwater issues at Mass Ave. In attendance for this appointment was Tanner Cole and Fran McNamara from the water division . Mr Cole explained his issue relative to his concern about flows coming off of the storm water flows originating at the Water Departments new facility on Mass Ave. He noted that the wetlands had silt introduced and he was concerned about the silt and extra drainage causing him flooding issues. MM informed the commission that he and Adam Burney had reviewed orthos from 2008 showing a drainage trench/stream going to the rear of the property that carried drainage out. RB recalled the history of the site and prior work done and suggested that Mosquito Control examine the area. He noted that there were methods they could use that were exempt from review and could address Mr. Cole’s concerns. Mr. Cole indicated that he had no issue with mosquito control coming to examine the property . MM to contact Mosquito Control to set a visit up. 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 Mike Richard and Rhonda Lisio for work at 181 Reservoir Road. will be held. Work proposed is the construction of a detached garage. 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, the meeting is scheduled September 23, 2020 by zoom remote Zoom information will be published on the town calendar by September 21, 2020. Brian Marchetti representing the owners/applicants. He reviewed the plans with the commission, the total square footage of work and the history of the lot in relation to the River protection act. CL asked about amending the plans to memorialize the exact location of the altered area within the river front on the property. RB had noted the owners expressed a desire to locate propane heater next to the tank. RB moved to issue an Order of Conditions with a revised plan to be submitted memorializing the current alterations on the property and the propane tank being located next to the garage. KJ seconded and the commission unanimously approved 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 Determination of Applicability by Keolis will be held. Work proposed is vegetation management on various rights of ===PAGE 2=== way within the town of Lunenburg for Railways. The supporting documents are available for review at the Conservation Commissi on 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 September 23, 2020 by zoom remote Zoom information will be published on the town calendar by September 21, 2020. MM noted there was no one from Keolis available. RB asked if the abutters were notified. MM noted he did not see any notifications. RB motioned to continue the meeting to the Oct 7 2020 meeting at 7PM so Keolis could addres s abutter notification. CL seconded and the commission voted unanimously buy roll call vote 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 hearing on a Notice of Intent by John Harrison for work at 915 Northfield Rd. will be held. Work proposed is the construction of a driveway to accommodate a single family. The supporting documents is available for review at the Conservation Commission offi ce 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 September 23, 2020 by zoom remote Zoom information will be published on the town calendar by September 21, 2020. John Harrison appeared before the commission and reviewed the project. TD and RB examined the grading and stormwater. MM noted that the driveway was a limited access and as such required a bylaw waiver. He recommended that the commission add a conditions in exchange for allowing the waiver that no further alterations not related to maintenance of the driveway will be allowed in perpetuity. TD moved to issue an Order of Conditions with the Conditions MM outlined. CL seconded and the Commission voted unanimously by roll call 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 Notice of Intent by Jeff LaPierre for work at 1672 Mass Ave. will be held. Work proposed is rebuild of an existing shed, grading of existing lawn, repair of a retaining wall, removal of a tree and the rep aving of a driveway with gravel. 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, the meeting is scheduled September 23, 2020 by zoom remote Zoom information will be published on the town calendar by September 21, 2020. MM related the history of the enforcement order on the site> Mr Lapierre represented himself and outlined the work which was grading in the rear yard, the rebuild and relocation of a shed and the rebuild of the front landscaped wall by the driveway. RB noted that the lot and the plan does not match as it appears there was additional work done to the property after the plans were drawn and approved originally. There was also details of the house outline missing, The commission instructed the applicant to have the plans revised and all structures and work survey located. RB made a motion to continue. CL seconded and the commission voted unanimously by roll call vote to approve. Pursuant to the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Notice of Intent by Bright F arm will be held for work at 361 Mass Ave. Work proposed is the construction of a commercial greenhouse ( Lettuce) resulting in alteration of an isolated wetland subject to the Lunenburg Wetlands bylaw.. The supporting 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 req uest by emailing lcc@lunenburgonline, the meeting is scheduled September 23, 2020 by zoom remote Zoom information will be published on the town calendar by September 21, 2020. ( note: BP was able to come to attend this hearing) Maryann Dipinto and Sean O’Neill represented Brite Farms LLC. The scope of the project was shown to the commission. The proposal included the filling and replication of an isolated wetland protectable under local by law, Ms Dipinto outlined the makeup of the isolated wetland showing it was about 11,000 square feet and would be replicated adjacent to a larger wetland system located on the property, There as also an area of land that the applicant was considering for an easement to co nnect 2 parcels of town conservation land together, giving residents expanded access. After examining the replication, RB noted that replication should be 2:1as well as a desire to see more firm wetland numbers on the alteration and to evaluate if the replication rea could be expanded ..He motioned on those grounds to continue to the October 7 meeting at 7 PM. BP seconded and the commission approved the motion unanimously by roll call vote. Hearings under Continuation not to be heard at this meeting: CONTINUED to the OCT 7, 2020 :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 Ga ry Williams for 99 Ruth Street will be held. Work proposed is ( Continued )the restoration for vegetation removal. Also proposed (New) is for the placement of a stairs and dock Application and supporting documents are available for review at the Conservation Commission office by calling 978 -582- ===PAGE 3=== 4146 ext 431 by appointment. Emailing a PDF is also an option on request by emailing lcc@lunenburgonline, the meeting is scheduled October 7, 2020 by zoom remote Zoom information will be published on the town calendar on October 5, 2020 Continued to the October 7 meeting by a motion of RB and a second by TD with a unanimous vote by roll call to approve CONTINUED to the OCT 7, 2020 Meeting: 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 L eblanc 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, the meeting is scheduled October 7, 2020 by zoom remote Zoom information will be published on the town calendar on October 5, 2020. Continued to the October 7 meeting by a motion of RB and a second by TD with a unanimous vote by roll call to approve CONTINUED to the OCT 7, 2020 : 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 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 October 7, 2020 by zoom remote Zoom information will be published on the town calendar on October 5, 2020 Continued to the October 7 meeting by a motion of RB and a second by TD with a unanimous vote by roll call to approve ENFORCEMENT : Violations (Enforcement Actions and Administrative Hearings). NON 99 Ruth Street – update see above EO-32 Brookview Ave, Patricia Adams MM noted the fines were forthcoming for payment EO- Town of Lunenburg Fire Road 12 ENF 2019 Updates( If any) BP is working with Adam Costa on issuing directives to the parties involved NON - 9 Valley Road- Working on NOI EO – 788 Page Street – reissued EO again by certified mail will want to revisit to institute fines if no response is give, EO- 4 Townsend Harbor Road Steve Petruzello appeared before the commission having added to the driveway and constructed a shed with no approval. The Commission instructed MM to work with Mr Petruzello to file a retroactive Notice of Intent New Business – Town Warrant Discussion- BP noted that the town warrant, articles submitted for next week, could include a proposal from the conservation commission to ask the townspeople to approve the transfer of control of 2 parcels of land at 111 Mulpus Road Rear and 970 N. West Townsend Road to the Conservation Commission. The Commission requested MM write separate draft articles for each parcel with BP motioning to submit the draft articles. CC seconded and the commission unanimously approved the motion by roll call vote. 61 A release request 250 Howard Street BP noted that the open space committee recommended to the Board of Selectmen to pursue the matching amount and acquire the parcel. After discussion, RB moved to issue a letter supporting the Opens Space Committee. TD seconded and the commission unanimously approved the motion by roll call vote. Old Business – Update on trails grant – status report, if any. Certificates of Compliance – 20 Fire Road 19. MM showed the commission the current conditions of 2 Orders of Conditions. After Consideration the commission approved the issuing of the certificates by a motion of CL and a second by CC with a unanimous vote allowing both releases. Extension Permit – none to present Minutes of previous meetings - July 15 2020, August 19, 2020 Committee Reports – Any Updates Administrator’s Reports/action items: Administrators determination Open space and land and Trail use issues and strategies : ===PAGE 4===  –Forestry Planning /Encroachment on town open space MM will have Gray appear at the October 7 meeitng to update the commission on future cutting plans  Discussion on Land use policy and discussion of Saliba/ table rock management Communications / public com ment- Katie Adams noted to the Conservation Commission a concern that the item covered concerning” Town Warrant Discussion “ was not published specifically enough and the commission could be in violation of the open meeting law. The Commission noted that t he articles that MM was going submit to meet the deadline were draft articles, could be turned down at the public meeting of the Board of Selectmen and would still be published for town meeting. TD noted that the items would be specifically listed on the agenda for the October 7 meeting now the commission knows which direction it wishes to take and at that meeting if the public has an issue the commission didn’t consider it could always withdraw the articles. Adjourn The meeting was adjourned at 10: 35 PM by a motion of TD and a second by CC with a unanimous vote to approve the motion by roll call. - Meeting Schedule- Next meeting is October 7, 2020 at 7 PM