===PAGE 1=== TOWN OF L UNENBURG Office of the Planning Board Matthew Allison, Chair Tel: (978) 582 -4147, ext 5 Tanner Cole, Vice Chair Fax: (978) 582 -4353 Marisa Thompson, Clerk 960 Massachusetts Avenue Paula Bertram, M ember Lunenburg, MA 01462 Member Adam R. Burney Land Use Director Marjorie J. Boggio Administrative Assistant Minutes Public Hearing 1325 Massachusetts Avenue February 10, 2020 Meeting Posted: Yes Place: Town Hall, 17 Main Street, Lunenburg, MA Time: 6:40 PM Present: Matthew Allison, Tanner Cole, Marisa Thompson, Paula Bertram, Adam R. Burney The Hearing continuation was to hear and discuss a stormwater management special permit under Ch. 204 of the Code of the Town of Lunenburg for an earth removal project at 1325 Massachusetts Avenue, Map 062, Parcel 0003. Owners/Applicants are Daniel and Jean Proctor, 1529 Massachusetts Avenue, Lunenburg, MA. Owners/applicants w ere represented by Frank McPartlan , Ducharme & Dillis Civil Design Group, Inc. (‘ DDCDG’). DDCDG presented a revised Plan to address issues brought forth at the January 27 th Hearing by both Board members and Graves Engineering Inc. ( ‘GEI’ [ reviewing engineer ] ). GEI review letter of February 10, 2020 acknowledged that issues ha d been resolved; letter is on file in the Planning Office. The construction sequence was updated. The loam screening and stockpile locations were indicated on the Plan. Straw wattles are proposed on the east side of the site. P. Bertram has concerns with this project in regards to ACEC (Area of Critical Environmental Concern). She is also concerned with the environmental impact of this project. The Board was in receipt of a letter from the Conservation Administrator stat ing “…the ACEC standards listed in the regulations (301 CMR 12.00) clearly show that the standards do not apply to your proposal. As your proposal does not include the filling or direct alteration of wetlands…it would not trigger any threshold that would require oversight by DCR or M EPA…” She noted she had communicated with the Conservation Commission Chair and states he informed her that the project does require a MEPA review and ENF. She does not want to vote on this project until the Board hears form the environmental agencies that have jurisdiction. Greg Roy, DDCDG - Noted that they are seeking three permits - earth removal f rom the Select Board, Stormwater Management from the Planning Board, and also a permit from the Conservation Commission. The Applicant cannot move forward with the project unless all three permits are in place. For a Board/Commission to make its approval contingent upon another approval is immaterial. He stressed that the Applicant has met the requirements of the Zoning Bylaw and went on to note that the project was over-designed to ensure transparency to Lunenburg that there would be a Phase 2 to this project. This Hearing is only for a stormwater management permit; any future commercial development will again require a hearing before the Board. Alan Dantonio, 4 Townsend Harbor Road- Has concerns with runoff and environmental hazards. Dan Proctor, 1529 Massachusetts Avenue - Noted currently runoff comes off the hill untreated and goes into the wetlands. Why should he put in an extensive basin to treat everything? 44% TSS (total suspended solids) will be provided in a stormwater management area of 6,000+ cubic feet. P. Bertram emphasized that once in Phase 2, the runoff will be going over a paved ===PAGE 2=== Minutes 02.10.2020 1325 Massachusetts Avenue Page 2 surface instead of a field. D. Proctor responded he is doing everything required by law. P. Bertram does not feel doing only the minimum required by law is sufficient for an ACEC. Greg Roy- Noted if you’re not in an ACEC you have to treat ½ inch of runoff over the impervious area and the 44% TSS removal prior to recharge is not tripped. If in an ACEC, water quality volume goes up to one inch, and you have to remove 44% TSS prior to infiltration. They cannot discharge more water, peak rates, more than the pre -developed condition. Best management practices must be employed on -site. The only state permit required for this project is for access. The state will issue a temporary permit for gravel removal which will expire. A new permit will be re quired for a new project. At that time they may have to file with MEPA. Bonita Martin and Mark Rzeznikiewicz , 68 Townsend Harbor Road , and Clifford Smith, 70 Townsend Harbor Road - All voiced concern with noise and dust from the proposed project. P. Bertram inquired as to the duration of the screening operation. DDCDG responded as needed as long as topsoil is being removed. D. Proctor noted it is specified in the earth removal application; they can haul material out for 8 -10 days then they screen, spread, and seed. P. Bertram asked if a more permanent barrier, other than silt fences and hay bales, could be placed for wetland protection. It was emphasized to the audience that this Hearing is for stormwater management , not gravel removal. Katey Adams, Peninsula Drive- Opined it is difficult to know what data is needed as there is no firm end point for the proposed project. Jean Proctor, owner of 1325 Massachusetts Avenue- Emphasized she and her husband do not yet know what the “end point” will be. They are very invested in Lunenburg and are complying with the Town’ s statutes. Mark Rzeznikiewicz, 68 Townsend Harbor Road - His property value will drop. The Board needs to remain aware of the “human” aspect and not just the technicalities. A. Burney noted it is a judgment call by the Secretary as to whether or not the MEPA process is required. DDCDG, on behalf of the Applicant, requested the Hearing be continued to the Board’s February 24 th meeting. Greg Roy, DDCDG wanted clarification on the Board’s request for additional information fo r the continuation. P. Bertram wanted review comments from DEP. The Board is also waiting for the Conservation Commis sion to close its Hearing, which will not occur until the Commission gets the DEP No. DDCDG will also try to get a firmer answer from MEPA. M. Allison requested the gap between the north and south silt fences be closed. He al so asked that the length of the access road be annotated on the Plan. T. Cole made Motion to continue the Hearing to February 24th, 6:35 PM, P. Bertram Seconded, all aye. Hearing recessed 8:16 PM. Documents used at meeting: Site Plan revised to 02.04.2020 Stormwater Report revised to 02.04.2020 DDCDG letter dated 02.04.2020