# conservation-commission — 14 documents, concatenated for reading and search # # This is a CONVENIENCE BUNDLE, not a source. Every document below is # published separately and byte-identically; cite the individual file, # whose path is given in each header, rather than this bundle. # Index of all boards: https://lunenburgbudgetproject.org/minutes/INDEX.txt # The town's own scanned original is linked per document. ======================================================================================== DOCUMENT : 2019-01-02-agenda-6241.txt BOARD : conservation-commission DATE : 2019-01-02 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2019-01-02-agenda-6241.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_01022019-6241 ======================================================================================== ===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 NOTICE OF MEETING Ritter Memorial Land Use Building 960 Mass Ave January 2 2019 at 7:00 PM In accordance with the requirements of the Open Meetings Law, please be advised that this meeting is being Audio Recorded. AGENDA Call to Order Announcements Public Comment Appointments/Hearings –commences at 7 PM (DEP 208-xxxx) 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 Michael and Barbara Coulombe for demolition and reconstruction to a single family home with grounds work including the removal of 2 trees within the buffer zone at 98 Horizon Island 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 public is invited to attend the meeting, scheduled for January 2, 2019 in the Ritter memorial Land Use building at 7:00 PM. (DEP 208-xxxx) Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a CONTINUED public hearing for a Notice of Intent by Steven Violette for repairs of a roadway and reconstruction of a bridge deck at 181 Kilburn 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 public is invited to attend the meeting, scheduled for January 2, 2019 in the Ritter memorial Land Use building at 7:00 PM. (DEP 208-1148) Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a CONTINUED Notice of Intent by Joseph Nowlan for construction of a single family home at 507 West Townsend 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 public is invited to attend the meeting, scheduled for January 2, 2019 in the Ritter memorial Land Use building at 7:00 PM (DEP 208-1151) Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a CONTINUED Notice of Intent by Mark Rood for a septic repair with the construction of an addition at 13 East 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 public is invited to attend the meeting, scheduled for January 2, 2019 in the Ritter memorial Land Use building on January 2, 2019 at 7:00 PM.. ===PAGE 2=== (DEP 208-1150) Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a CONTINUED Notice of Intent by Nanci Bell for the replacement of an existing retaining wall at 51 Fire Road 19. 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 public is invited to attend the meeting, scheduled for January 2, 2019 in the Ritter memorial Land Use building at 7:00 PM (DEP 208-1149) Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a CONTINUED Notice of Intent by Kenneth Chenis for an addition to a single family home with modifications to the patio at 50 fire road 24. The Notice also includes a proposal for the modification of the alignment to fire road 24. 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 public is invited to attend the meeting, scheduled for January 2, 2019 in the Ritter memorial Land Use building at 7:00 PM. Current Business 1. Violations (Enforcement Actions and administrative hearings). - new (n) and continuations (c) EO -101 Pleasant Street – update/fines EO Powell Stone and Gravel- Leominster Shirley Road EO -55 Spring Street- update By Steve Marsden Butterfly Lane- update on multiple NON’s – 155 Reservoir Road- update on meeting schedule EO Emerald Place Beach Shady Point-beach erosion New Business – Change in Wetland regulations to add a 5% fee for online files (Continued as new business ) Old Business - LSIC- Draft Order of Conditions Discussion Work at the Small Town Forest- Forest Stewardship/Bird Habitat planning for 123 Hollis Road Conservation Area – Updates If any. Certificates of Compliance – Extension Permit Minutes of previous meetings - review and approval of and December 5 and December 19th Committee Reports – Any Updates Agents Report /Action Items :  Legal Updates and Requests / regulation review –( if any )  183 Hemlock, Update to be made in spring  101 Pleasant Street – EO /fine update  842R Chase Road – if any  Open space and land and Trail use issues and strategies (if any)  LSIC and Hickory hills general update (If any)  Shady Point – work on planning for erosion control  Misc. updates  Communications / public comment/ Meeting Schedule- Next meeting is January 19, 2019, 7:00 PM , at the Bilotta meeting room, 2nd floor at 17 Main Street Lunenburg, MA 01462 ======================================================================================== DOCUMENT : 2019-01-02-minutes-6241.txt BOARD : conservation-commission DATE : 2019-01-02 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2019-01-02-minutes-6241.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_01022019-6241 ======================================================================================== ===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 NOTICE OF MEETING Ritter Memorial Land Use Building 960 Mass Ave January 2 2019 at 7:00 PM In accordance with the requirements of the Open Meetings Law, please be advised that this meeting is being Audio Recorded. AGENDA Call to Order All members were in attendance except CC and RB who participated remotely until 7:30 PM Announcements Public Comment KJ and BP had finished 95% of the main trail at small town forest. JR asked members to reconsider the vote for Powell Stone and Gravel. He outlined reasons in a narrative proposed. RB noted areas of the parcel that could not be developed. JR outlined the economic and the 10% thresholds in the rivers protection act. He opined that he felt strongly it did not meet requirements. He feels the decision would get appealed. TD opened the commission and the public to comments. RB stated that he Echoed JR’s comments. CL felt there wasn’t enough information and we had valid questio ns that were not answered. RB added areas of disturbance he feels was not addressed. TD read the narrative of impacts to the riverfront the engineer. BP says individual comments do not speak to for the commission and that the commission is a body. He furth er stated that the applicant had an expert and that the DEP comments were reviewed and that the expert submitted a document showing the DEP responses. BP feels the reasoning on the wildlife habitats was not valid in this case. He feels that we are a body t o get people to comply and not be punitive. KJ feels that enough information was presented. JR moved to reconsider the vote. CL seconded the roll call vote was RB CL and JR vote yes and TD BP AND KJ voted no. The motion to reconsider failed. JR noted that he would not sign the Order of Conditions. BP- Now that we have an open space plan that we have recreation trail grant opportunities. He spoke with Heather regarding trail grant opportunities. He wants to purchase locus signs for various signage. He outli ned various proposals for the grant. Appointments/Hearings –commences at 7 PM (DEP 208-xxxx) 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 Michael and Barbara Coulombe for demolition and reconstruction to a single family home with grounds work including the removal of 2 trees within the buffer zone at 98 Horizon Island 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 public is invited to attend the meeting, scheduled for January 2, 2019 in the Ritter memorial Land Use building on January 2, 2019 at 7:00 PM. ===PAGE 2=== The applicant requested a continuance due to the lack of a DEP number to the 16 th of January. 7:00 PM motion by KJ and a second by BP with a unanimous vote. (DEP 208-xxxx) Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a CONTINUED public hearing for a Notice of Intent by Steven Violette for repairs of a roadway and reconstruction of a bridge deck at 181 Kilburn 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 public is invited to attend the meeting, scheduled for January 2, 2019 in the Ritter memorial Land Use building on January 2, 2019 at 7:00 PM. Tom Christopher appeared before the commission an outlined the history of the emergency permit and the further work that will now need to be done. He outlined the history of his site. He noted that the existing deck would be removed and there would be steel beams used. He showed the commission pictures of an example of the same structure put to span a stream in Lancaster. He estimated that 4 beams would be used. TD asked about any work on the wall. Mr. Christopher stated the opinion that the stone culvert was in good shape. It was also noted that the proposed structure would put no weight nor pressure on the wall. TD recommended extending the piers out of the zone of influence on the wall. Mr Christopher requested to continue to the March 20th 2019 meeting. By a motion of JR and a second by BP with a unanimous vote to approve the motion. Documents presented for consideration was a Notice of Intent and a plan entitled “Notice of Intent Plan” both by Green Hill Engineering - plan amended December 17, 2018 (DEP 208-1148) Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a CONTINUED Notice of Intent by Joseph Nowlan for construction of a single family home at 507 West Townsend 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 public is invited to attend the meeting, scheduled for January 2, 2019 in the Ritter memorial Land Use building on January 2, 2019 at 7:00 PM. Ms Takahana the property owner appeared before the commission to represent herself as the owner. CL and BP examined the lot and the locations of the structures. BP noted that this is a pre-exiting lot.MM produced the original plan and outlined the lot line and the wetland line prior on the plan. CL motioned and KJ seconded the house and proposed garage and driveway will be reconfigured and the reconfigured plan will show existing and proposed grades and submitted an amendment. Kenneth Chenis from the Planning Board spoke to ANR dimensional requirements of wetland versus upland. DOCUMENTS PRESENTED WAS A NOTICE OF INTENT BY MARK ROODE AND A PLAN OF LAND ENTITLED “ OWN A HOME LLC” BY DOUG SMITH DATED NOVEMBER 2, 2019 (DEP 208-1151) Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a CONTINUED Notice of Intent by Mark Rood for a septic repair with the construction of an addition at 13 East 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 public is invited to attend the meeting, scheduled for January 2, 2019 in the Ritter memorial Land Use building on January 2, 2019 at 7:00 PM.. Maryann Dipinto represented the owner and explained the project and the erosion protection proposed. TD not ed on the shed the is proposed to be removed that it is multitiered and asked if the wall is to be removed. The commission examined potentia l grading scenarios versus the limits of the property lines. Motion to approve the final plans with the conditions that the final gradings in the vicinity of the shed will be put on an amended plan. Junk on the property to be removed. The commission did suggest contacting the abutter about cleaning the property by BP and a second by KJ with a unanimous vote. (DEP 208-1150) Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a CONTINUED Notice of Intent by Nanci Bell for the replacement of an existing retaining wall at 51 Fire Road 19. 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 public is invited to attend the meeting, scheduled for January 2, 2019 in the Ritter memorial Land Use building on January 2, 2019 at 7:00 PM ===PAGE 3=== Continued to the 16th of January by a motion of KJ and a second by BP with a unanimous vote to approve. DOCUMENTS PRESENTED FOR CONSIDERATION WAS NOTICE OF INTENT BY KENNETH CHENIS AND A MODIFIED SITE PLAN BY THE APPLICNAT FINAL REVISION OF DECEMBER 31, 2018 (DEP 208-1149) Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a CONTINUED Notice of Intent by Kenneth Chenis for an addition to a single family home with modifications to the patio at 50 fire road 24. The Notice also includes a proposal for the modification of the alignment to fire road 24. 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 public is invited to attend the meeting, scheduled for January 2, 2019 in the Ritter memorial Land Use building on January 2, 2019 at 7:00 PM. Ken Chenis presented the requested updates to his plan as required by the commission. He noted that he has not been able to obtain permission to work on on abutters land and submitted a statement attesting he would not work on the property until he obtained permission. A motion for a standard Order of Conditions with the additional condition the work on the abutting property would not be worked on until permission is obtained from that landowner by KJ and a second by BP with a unanimous vote to approve. Current Business 1. Violations (Enforcement Actions and administrative hearings). - new (n) and continuations (c) EO -101 Pleasant Street – update/fines EO Powell Stone and Gravel- Leominster Shirley Road EO -55 Spring Street- update By Steve Marsden- MM noted that Mr. Marsden will present at the next meeting as he will be present for the public hearing. Butterfly Lane- update on multiple NON’s – 155 Reservoir Road- update on meeting schedule EO Emerald Place Beach- Mark Bursch appeared representing the owner. He outlined the continuing efforts to maintain and improve the area. CL outlined 2 issues was the area of the edge of the parking and it appears to be functional. The second was the general runoff. CL feels th ere is a design issue of water coming from the building. Mr Bursch explained the stone trenching from the buildings and that the intent of the stone originally was for filtering. Cl feels we should have some documentation and the changes that will be made onsite. TD stated that he feels the proposal will be a good first step, letter stating work to be done and work modified to have in the file and we will see what happens on the next season. Shady Point-beach erosion New Business – Change in Wetland regulations to add a 5% fee for online files (Continued as new business) – MM will resubmit language to the commission. Old Business - LSIC- Draft Order of Conditions Discussion BP reviewed his own markup on the draft Order. The Metcalf and Eddy report was discussed as to the relevancy of the report in todays work. MM noted that he had a conversation with DEP that they will allow a drawdown for one foot more and then it is cutoff for the season. BP reviewed the draft OOC that he marked up and shared with the commission. TD spoke to having specific drawdown levels and target dates for each year of the Order of Conditions term. Work at the Small Town Forest- see above public comment Forest Stewardship/Bird Habitat planning for 123 Hollis Road Conservation Area – Updates If any. Certificates of Compliance – Extension Permit Minutes of previous meetings - review and approval of and December 5 and December 19th Committee Reports – Any Updates Agents Report /Action Items :  Legal Updates and Requests / regulation review –( if any ) ===PAGE 4===  183 Hemlock, Update to be made in spring  101 Pleasant Street – EO /fine update  842R Chase Road – if any  Open space and land and Trail use issues and strategies (if any)  LSIC and Hickory hills general update (If any)  Shady Point – work on planning for erosion control  Misc. updates  Communications / public comment/ Meeting Schedule- Next meeting is January 19, 2019, 7:00 PM , at the Bilotta meeting room, 2nd floor at 17 Main Street Lunenburg, MA 01462 The meeting was adjourned at 10:25 PM by a motion of KJ and a second by JR with a unanimous vote to adjourn – Note BP left the meeting at 10:18 PM ======================================================================================== DOCUMENT : 2019-01-16-agenda-6230.txt BOARD : conservation-commission DATE : 2019-01-16 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2019-01-16-agenda-6230.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_01162019-6230 ======================================================================================== ===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 NOTICE OF MEETING Ritter Memorial Land Use Building 960 Mass Ave January 16 2019 at 7:00 PM In accordance with the requirements of the Open Meetings Law, please be advised that this meeting is being Audio Recorded. AGENDA (revised) Call to Order Announcements Public Comment Appointments/Hearings –commences at 7 PM (DEP 208-1153) 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 Michael and Barbara Coulombe for demolition and reconstruction to a single family home with grounds work including the removal of 2 trees within the buffer zone at 98 Horizon Island 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 public is invited to attend the meeting, scheduled for January 2, 2019 in the Ritter memorial Land Use building on January 2, 2019 at 7:00 PM. (DEP 208-1150) Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a CONTINUED Notice of Intent by Nanci Bell for the replacement of an existing retaining wall at 51 Fire Road 19. 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 public is invited to attend the meeting, scheduled for January 2, 2019 in the Ritter memorial Land Use building on January 2, 2019 at 7:00 PM 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 of Applicability by Keith Beaudoin for The placement of a seasonal dock at 264 Prospect Street Lot 8. 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 at the Bilotta Meeting Room, 2 nd Floor, 17 Main Street, Town Hall at 7 PM. The public is invited to attend. ===PAGE 2=== 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 of Applicability by : Paul and Jennifer Agnese 12 Butterfly Lane, Glenn and Laura Kuczer11 Butterfly Lane, David Janvrin and Tammy Zarba 10 Butterfly Lane, Michael and Laura Cool 8 Butterfly Lane, Kevin and Allison Ladouceur 6 Butterfly Lane. for the placement of a Shed within the Buffer Zone. 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 at the Bilotta Meeting Room, 2 nd Floor, 17 Main Street, Town Hall at 7 PM. The public is invited to attend. ENFORCEMENT 1. Violations (Enforcement Actions and administrative hearings). - new (n) and continuations (c) EO -101 Pleasant Street – update/fines EO Powell Stone and Gravel- Leominster Shirley Road EO -55 Spring Street- update By Steve Marsden 155 Reservoir Road- meeting with the residents EO Emerald Place Beach Shady Point-beach erosion New Business – Grant opportunities for trails Change in Wetland regulations to add a 5% fee for online files (Continued as new business ) Old Business - LSIC- Draft Order of Conditions Discussion-update on drawdown(levels) Work at the Small Town Forest- Forest Stewardship/Bird Habitat planning for 123 Hollis Road Conservation Area – Updates If any. Certificates of Compliance – Extension Permit – Young’s Road 208-1072 & 1073 Minutes of previous meetings - review and approval of and December 5 and December 19th ( 2018) and January 2, 2019 Committee Reports – Any Updates Agents Report /Action Items :  Legal Updates and Requests / regulation review –( if any )  183 Hemlock, Update to be made in spring  101 Pleasant Street – EO /fine update  842R Chase Road – if any  Open space and land and Trail use issues and strategies (if any)  LSIC and Hickory hills general update (If any)  Shady Point – work on planning for erosion control  Misc. updates  Communications / public comment/ Meeting Schedule- Next meeting is February 6, 2019 at 7:00 PM in the Ritter Memorial Land Use Building at 960 Mass Ave ======================================================================================== DOCUMENT : 2019-01-16-minutes-6230.txt BOARD : conservation-commission DATE : 2019-01-16 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2019-01-16-minutes-6230.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_01162019-6230 ======================================================================================== ===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 Ritter Memorial Land Use Building 960 Mass Ave January 16 2019 at 7:00 PM PLEASE NOTE DUE TO A POSTING ISSUE THIS MEETING WAS DECALRED NOT VALID HOWEVER DISUSSION PERSUED AND A REPOSTING AND REVOTING WILL TAKE PLACE PER THE ATTORNEY GENERALS RECOMMENDATION ON 2/6/19 at the RITTER BUILDING 960 MASS AVE. ALL VOTED CONTINUANCES WERE VOTED FOR FEB 6th 2019 at the RITTER BUILDING Call to Order TD chairing the meeting all members attending. Announcements JR noted that there was a stormwater meeting and there was a consultant bid and there are negotiations still ongoing. Public Comment Appointments/Hearings –commences at 7 PM (DEP 208-1153) 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 Michael and Barbara Coulombe for demolition and reconstruction to a single family home with grounds work including the removal of 2 trees within the buffer zone at 98 Horizon Island 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 public is invited to attend the meeting, scheduled for January 2, 2019 in the Ritter memorial Land Use building on January 2, 2019 at 7:00 PM. Steve Marsden attending representing the applicant. He brought updated plans to the meeting and distributed. He outlined the particulars of the site and noted that the home is on a slab that needs replacement. He noted that the home would not expand the non conformity. JR noted that the wrap around deck is new. The shed is proposed to be removed and that it is within the 30 foot zone and with the tar papered walk way would result in 722 square of impervious removed from the 30 foot no touch zone. The shape of the home itself would make a 25 square foot reduction. Roof runoff will be sent to an underground discharge system. He outlined trees to be removed. Four trees that will be removed are damaged or dying. The deck location is new however will not result in increased impervious nor increase the non conformity. Mr. Marsden reviewed the stone walkway and work proposed to it. CL noted his plans do not have a 30 or 50 foot zone. It was noted the plan of record does and the plans he brought were supplemental with an overlay to better show quantified changes. RB examined the proposed new foundational details. RB asked about stockpiles. Mr. Marsden noted there will be no stockpiling. The water line is existing. The grading a round the foundation will not be changed and no fill is proposed to be brought in. RB asked about the landscape plan. There was no landscape plans. MM asked about the trees remaining. Mr Marsden noted that there will still be trees on the lot. RB square footage.cl inquired about the steps and was examining any potential foot print expansion and noted it w as work within the 30 foot zone. Mr. Marsden noted that it was currently crushed stone and would not expand outside of the crushed stone noted that the area of the crushed stone is underlaid by tar paper.TD asked if the basement would have a sum pump? Mr. Marsden noted no that the basement level would be a foot an half the high water mark. TD asked about heat and it would be by propane. An emergency sump would either be infiltrated on site or out into the road towards a catch basin. RB asked about the height of the ===PAGE 2=== deck. Mr Marsden noted it would be about 3 feet off ground. RB asked about any additional vegetation. Mr. Marsden responded that the area is not vegetated currently and he reminded that the roof drainage would be attenuated underground. MM noted that the tar paper was replaced. A motion for a standard Order based on 30 no touch zone variance due to no increase of non conformity with any additional sump pump discharge will be directed away from the lake by BP and a second by KJ with aunanimous roll call vote was taken. (DEP 208-1150) Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a CONTINUED Notice of Intent by Nanci Bell for the replacement of an existing retaining wall at 51 Fire Road 19. 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 public is invited to attend the meeting, scheduled for January 2, 2019 in the Ritter memorial Land Use building on January 2, 2019 at 7:00 PM Continued by a motion of KJ and a second by CC with a unanimous roll call vote was taken. 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 of Applicability by Keith Beaudoin for The placement of a sea sonal dock at 264 Prospect Street Lot 8. 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 at the Bilotta Meeting Room, 2 nd Floor, 17 Main Street, Town Hall at 7 PM. The public is invited to attend. Continued by a motion of KJ and a second by CC with a unanimous vote was taken. 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 of Applicability by : Paul and Jennifer Agnese 12 Butterfly Lane, Glenn and Laura Kuczer11 Butterfly Lane, David Janvrin and Tammy Zarba 10 Butterfly Lane, Michael and Laura Cool 8 Butterfly Lane, Kevin and Allison Ladouceur 6 Butterfly Lane. for the placement of a Shed within the Buffer Zone. 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 at the Bilotta Meeting Room, 2 nd Floor, 17 Main Street, Town Hall at 7 PM. The public is invited to attend. CL noted that there was some debris storage. He pointed it out to the residents. Paul Agnese was under the impression that plantings were supposed to go in after the Mulc. MM calrified trhe requirement for the plantings. Motion for a negative determination was made by Cl and a second by JR with a unanimous roll call vote. ENFORCEMENT 1. Violations (Enforcement Actions and administrative hearings). - new (n) and continuations (c) EO -101 Pleasant Street – update/fines EO Powell Stone and Gravel- Leominster Shirley Road EO -55 Spring Street- update By Steve Marsden 155 Reservoir Road- meeting with the residents – MM -relayed the history . CL pointed out some very small areas of the drawing that may need correction. Mike Hughes of 131 Reservoir Road noted that there is about 78000 square feet c urrently. Mr. Marchettis proposed work on the lots EO Emerald Place Beach Shady Point-beach erosion New Business – Grant opportunities for trails Change in Wetland regulations to add a 5% fee for online files (Continued as new business ) ===PAGE 3=== Old Business - LSIC- Draft Order of Conditions Discussion- and update on drawdown (levels) Work at the Small Town Forest- Forest Stewardship/Bird Habitat planning for 123 Hollis Road Conservation Area – Updates If any. Certificates of Compliance – Extension Permit – Young’s Road 208-1072 & 1073 Minutes of previous meetings - review and approval of and December 5 and December 19th ( 2018) and January 2, 2019 Committee Reports – Any Updates Agents Report /Action Items :  Legal Updates and Requests / regulation review –( if any )  183 Hemlock, Update to be made in spring  101 Pleasant Street – EO /fine update  842R Chase Road – if any  Open space and land and Trail use issues and strategies (if any)  LSIC and Hickory hills general update (If any)  Shady Point – work on planning for erosion control  Misc. updates  Communications / public comment/ Meeting Schedule- Next meeting is February 6, 2019 at 7:00 PM in the Ritter Memorial Land Use Building at 960 Mass Ave ======================================================================================== DOCUMENT : 2019-02-06-agenda-6229.txt BOARD : conservation-commission DATE : 2019-02-06 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2019-02-06-agenda-6229.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_02062019-6229 ======================================================================================== ===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 NOTICE OF MEETING Ritter Memorial Land Use Building 960 Mass Ave February 6 2019 at 7:00 PM In accordance with the requirements of the Open Meetings Law, please be advised that this meeting is being Audio Recorded. AGENDA Call to Order Announcements Public Comment Appointments/Hearings –commences at 7 PM (DEP 208-1153) 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 Michael and Barbara Coulombe for demolition and reconstruction to a single family home with grounds work including the removal of 2 trees within the buffer zone at 98 Horizon Island 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 public is invited to attend the meeting, scheduled for February 6, 2019 in the Ritter memorial Land Use building on at 7:00 PM. (DEP 208-1150) Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a CONTINUED Notice of Intent by Nanci Bell for the replacement of an existing retaining wall at 51 Fire Road 19. 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 public is invited to attend the meeting, scheduled for February 6, 2019 in the Ritter memorial Land Use building on at 7:00 PM. 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 of Applicability by : Paul and Jennifer Agnese 12 Butterfly Lane, Glenn and Laura Kuczer11 Butterfly Lane, David Janvrin and Tammy Zarba 10 Butterfly Lane, Michael and Laura Cool 8 Butterfly Lane, Kevin and Allison Ladouceur 6 Butterfly Lane. for the placement of a Shed within the Buffer Zone. 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 scheduled for February 6, 2019 in the Ritter memorial Land Use building on at 7:00 PM. ===PAGE 2=== Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protectio n and Municipal Bylaws a public meeting on a Request for a Determination of Applicability by Keith Beaudoin for The placement of a seasonal dock at 264 Prospect Street Lot 8. Application and supporting documents are available for review at the Conservatio n 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 for February 6, 2019 in the Ritter memorial Land Use building on at 7:00 PM.. The public is invited to attend. 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 Daniel and Jean Proctor for the amendment of an existing Order of Conditions DEP 208 -1121 at 380, 390 and 400 Electric Ave for the relocation and construction of a new building with parking and vehicle maneuvering areas added. 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 at the Ritter memorial Land Use Building at 960 Mass Ave at 7 PM on February 6, 2019 The public is invited to attend. 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 NJLJ properties for the re-development of an existing retail site to construct fuel dispensing area, convenience store and drive thru donut shop within the buffer zone of a wetland resource area at 400 Electric Ave. Applicatio n 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 at the Ritter memorial Land Use Building at 960 Mass Ave at 7 PM on February 6, 2019 The public is invited to attend. ENFORCEMENT 1. Violations (Enforcement Actions and administrative hearings). - new (n) and continuations (c) EO -101 Pleasant Street – update/fines ENF CASE 2019 -6 EO - Powell Stone and Gravel- Leominster Shirley Road ENF CASE 2019-1 and 2019 -2 EO -55 Spring Street- update By Steve Marsden NON -155 -Reservoir Road- meeting with the residents EO- Emerald Place Beach EO -Shady Point-beach erosion ENF CASE 2019-7 New Business – Grant opportunities for trails- ratification of application. Change in Wetland regulations to add a 5% fee for online files (Continued as new business ) Old Business - LSIC- Draft Order of Conditions Discussion-update on drawdown(levels) Work at the Small Town Forest- Forest Stewardship/Bird Habitat planning for 123 Hollis Road Conservation Area – Updates If any. Discussion and updates of rules and regulations (if any) Certificates of Compliance – Extension Permit – Young’s Road 208-1072 & 1073 Minutes of previous meetings - review and approval of and December 5 and December 19th ( 2018) and January 2, 2019 Committee Reports – Any Updates Agents Report /Action Items :  Legal Updates and Requests / regulation review –( if any )  183 Hemlock, Update to be made in spring  101 Pleasant Street – EO /fine update  842R Chase Road – if any  Open space and land and Trail use issues and strategies (if any)  LSIC and Hickory hills general update (If any)  Misc. updates  Communications / public comment/ Meeting Schedule- Next meeting is February 20, 2019 at 7:00 PM in the Bilotta Meeting Room 17 Main Street second floor ======================================================================================== DOCUMENT : 2019-02-06-minutes-6229.txt BOARD : conservation-commission DATE : 2019-02-06 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2019-02-06-minutes-6229.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_02062019-6229 ======================================================================================== ===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 Ritter Memorial Land Use Building 960 Mass Ave February 6 2019 at 7:00 PM In accordance with the requirements of the Open Meetings Law, please be advised that this meeting is being Audio Recorded. Call to Order -Todd Dwyer presiding at 7 PM called to Order with all members present except KJ . It is noted for the record that RB and JR participating remotely ALL VOTES ARE ROLL CALL. Announcements Public Comment Appointments/Hearings –commences at 7 PM (DEP 208-1153) 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 Michael and Barbara Coulombe for demolition and reconstruction to a single family home with grounds work including the removal of 2 trees within the buffer zone at 98 Horizon Island 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 public is invited to attend the meeting, scheduled for February 6, 2019 in the Ritter memorial Land Use building on at 7:00 PM. No Comments from the public. Motion for a standard Order of Conditions with the added condition there would be no sump drainage directed towards the resource area by BP .CC seconded and the motion was approved by a roll call vote- unanimous (DEP 208-1150) Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a CONTINUED Notice of Intent by Nanci Bell for the replacement of an existing retaining wall at 51 Fire Road 19. 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 public is invited to attend the meeting, scheduled for February 6, 2019 in the Ritter memorial Land Use building on at 7:00 PM. CL motioned to recess. CC seconded and the commission approved by roll call voted. The meeting reconvened at 7:24 PM Nanci Bell present to represent herself. Continude to 2/20/19 with the understanding that her contractor wold meet with MM to obtain a list of what was needed for the plans. The motion was made by CL and seconded by CC with a unanimous vote to approve the motion made by roll call vote ===PAGE 2=== 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 of Applicability by : Paul and Jennifer Agnese 12 Butterfly Lane, Glenn and Laura Kuczer11 Butterfly Lane, David Janvrin and Tammy Zarba 10 Butterfly Lane, Michael and Laura Cool 8 Butterfly Lane, Kevin and Allison Ladouceur 6 Butterfly Lane. for the placement of a Shed within the Buffer Zone. 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 scheduled for February 6, 2019 in the Ritter memorial Land Use building on at 7:00 PM. Motion for a negative determination with no public comment by BP. CC seconded and the commission approved the motion 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 of Applicability by Keith Beaudoin for The placement of a seasonal dock at 264 Prospect Street Lot 8. 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 for February 6, 2019 in the Ritter memorial Land Use building on at 7:00 PM.. The public is invited to attend. Mr Beaudoin appears to represent himself. He explained the proposal and the dimensions of the work. RB had some brush removal and the sewer line not on the RDA. That will be amended in the RDA and there is only some minor pruning proposed. CL brought up the runoff area he and MM spotted on a site inspection. After inspection it would only be about 70 feet from th e eastern lot line. The applicant agreed to continue for re-draw the plan, amend the narrative and obtain a ch 91 waterways license. A motion was made by CL with a second by CC approved by a unanimous roll call continued to March 6, 2019 at 7 PM at the Ritter Memorial Building. 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 Daniel and Jean Proctor for the amendment of an existing Order of Conditions DEP 208 -1121 at 380, 390 and 400 Electric Ave for the relocation and construction of a new building with parking and vehicle maneuvering areas added. 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 at the Ritter memorial Land Use Building at 960 Mass Ave at 7 PM on February 6, 2019 The public is invited to attend. Greg Roy and Frank McPartland represented the applicant. It was asked by RB why the project is not listed as re-development. Greg Roy explained that the road is out of the riverfront and also that the source pre-development was already impervious. It also was noted that there was improvements made to the storm water and some restoration of the inner riparian zone to the greatest extent practicable. RB inquired regarding the standard of a TSS 80% removal rate and if an alternatives analysis for the 80% was met along with the recharge standards. RB asked it consideration of the removal of salt and sand was considered in development plans. MM differentiated the re-development calculations versus calculations for the new proposal directly adjacent for the next hearing regarding 75% old 80% new? CL inquired if this was officially 2 lots? What are the allowed uses? Mr. Roy answered that it was 2 lots and outlined the allowed uses versus the proposed use to show it was compliant . CL asked floor drains would go to a tight tank and that details should be added to the plans Greg Roy acknowledged such. With agreement of the applicant the meeting was continued to February 20, 2019 at Town Hall with a motion of Cl and a second by CC with a unanimous Roll call vote approving the motion. ===PAGE 3=== 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 NJLJ properties for the re-development of an existing retail site to construct fuel dispensing area, convenience store and drive thru donut shop within the buffer zone of a wetland resource area at 400 Electric Ave. Applicatio n 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 at the Ritter memorial Land Use Building at 960 Mass Ave at 7 PM on February 6, 2019 The public is invited to attend. Frank McPartland represented the applicant. He outlined the property lines, the storm water system and the location of the wetland. BP inquired if the wetland drained away from the development. MM answered it drained away towards the pleasant Street perennial stream. The Storm water protection plan was examined and the commission requires that the NPDES paperwork be submitted to the file. The meeting was continued to address further storm water calculation’s and any Planning Board issues to the meeting of February 20, 2019 by a motion of CC with a second by BP and a roll call unanimous vote to approve. ENFORCEMENT 1. Violations (Enforcement Actions and administrative hearings). - new (n) and continuations (c) EO -101 Pleasant Street – update/fines ENF CASE 2019 -6 MM related that the clerk magistrate has scheduled a hearing on Tickets 74-100. MM will report the results of the hearing. Town Counsel has been notified. EO - Powell Stone and Gravel- Leominster Shirley Road ENF CASE 2019-1 and 2019 -2 – MM reported that DEP is currently investigating and he as worked with MR. Marchetti in quantifying the violations EO -55 Spring Street- update By Steve Marsden – Mr Marsden will have an RDA application in for the next meeting and MM will schedule for the next available hearing NON -155 -Reservoir Road- meeting with the residents – The residents are working on a proposal with Mr. Marchetti EO- Emerald Place Beach- The Commission noted that it feels the issue was resolved and that a maintenance schedule will be monitored EO -Shady Point-beach erosion ENF CASE 2019-7 – MM noted he is meeting with the owner on Feb 8, 2019 New Business – Grant opportunities for trails- ratification of application. The application was ratified by a motion ofr CC and a second by BP with a unanimous roll call vote of the commission. Change in Wetland regulations to add a 5% fee for online files (Continued as new business )- MM is working on the lanuguage Old Business - LSIC- Draft Order of Conditions Discussion-update on drawdown(levels) Joanna Bilotta and Ashley Brawn came to the meeting and issues regarding drawdown levels and monitoring was discussed. MM noted t o the commission and the LSIC that the main reason the commonwealth ordered the drawdown shut was due to the current order of conditions being based solely on weed control. He noted that if there was a structural issue that was approved under a final amendment that it would change that dynamic. This matter was continued to a later date not specified, however, the commission is keeping the issue on the agenda Work at the Small Town Forest- MM noted that the work was monitored and looked well done Forest Stewardship/Bird Habitat planning for 123 Hollis Road Conservation Area – Updates If any – MM noted he did a site visit with Gary and the Mass Audubon representative . He is expecting a stewardship plan soon. Discussion and updates of rules and regulations (if any) Certificates of Compliance – none Extension Permit – Young’s Road 208-1072 & 1073- approved a 3 year extension by motion of CC with a second by BP with a unanimous approval by roll call vote. Minutes of previous meetings - review and approval of and December 5 and December 19th ( 2018) was made as amended by a motion of BP and a second by CC with a unanimous roll call - January 2, 2019 was held until the next meeting Committee Reports – Any Updates Agents Report /Action Items :  Legal Updates and Requests / regulation review –( if any ) ===PAGE 4===  183 Hemlock, Update to be made in spring  101 Pleasant Street – EO /fine update  842R Chase Road – if any  Open space and land and Trail use issues and strategies (if any)  LSIC and Hickory hills general update (If any)  Misc. updates  Communications / public comment/ Meeting Schedule- Next meeting is February 20, 2019 at 7:00 PM in the Bilotta Meeting Room 17 Main Street second floor ======================================================================================== DOCUMENT : 2019-02-19-agenda-6239.txt BOARD : conservation-commission DATE : 2019-02-19 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2019-02-19-agenda-6239.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_02192019-6239 ======================================================================================== ===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 NOTICE OF: JOINT MEETING WITH BOARD OF SELECTMEN, OPEN SPACE, AND PARKS COMMISSION. Town Hall meeting room, 17 Main Street, second floor Tuesday, February 19, 2019 at 7:30 PM In accordance with the requirements of the Open Meetings Law, please be advised that this meeting is being Audio and Video Recorded. AGENDA (revised) Call to Order  WORKSHOP ON TOWN FACILITIES  Adjourn ======================================================================================== DOCUMENT : 2019-02-20-agenda-6242.txt BOARD : conservation-commission DATE : 2019-02-20 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2019-02-20-agenda-6242.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_02202019-6242 ======================================================================================== ===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 NOTICE OF MEETING Town Hall, 17 Main Street, 2nd floor meeting room February 20 2019 at 7:00 PM In accordance with the requirements of the Open Meetings Law, please be advised that this meeting is being Audio Recorded. AGENDA (revised) Call to Order Announcements Public Comment Appointments/Hearings –commences at 7 PM Pursuant to MGL ch 131, s 40 John Harrison has filed a request for a determination of applicability for the placement of a 16 by 4 rolling dock at 205 sunset lane within the buffer zone of Lake Shirley. 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 at the Billotta Meeting Room, Town Hall, 2nd Floor 17 Main Street at 7 PM on February 20, 2019 The public is invited to attend. ( DEP 208-xxxx )Pursuant to MGL ch 131, s 40 ,K & E Realty Trust has filed a Notice of Intent for the construction of an addition to a commercial building ( Asian Imperial ) within the buffer zone at 5 Electric Ave. 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 at the Billotta Meeting Room, Town Hall, 2nd Floor 17 Main Street at 7 PM on February 20, 2019 The public is invited to attend. (DEP 208-xxxx) Pursuant to MGL ch 131, s 40 as Borrego Solar Systems for the construction of a 2.26 Mega Watt Facility at 190 Electric Avenue within the buffer zone. 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 at the Billotta Meeting Room, Town Hall, 2 nd Floor 17 Main Street at 7 PM on February 20, 2019 The public is invited to attend. (DEP 208-1150) Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a CONTINUED Notice of Intent by Nanci Bell for the replacement of an existing retaining wall at 51 Fire Road 19. 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 public is invited to attend the meeting, scheduled for February 20, 2019 in the Town Hall, 17 Main Street, 2nd floor meeting room. ===PAGE 2=== Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a CONTNUED Notice of Intent by Daniel and Jean Proctor for the amendment of an existing Order of Conditions DEP 208-1121 at 380, 390 and 400 Electric Ave for the relocation and construction of a new building with parking and vehicle maneuvering areas added. 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 for February 20, 2019 in the Town Hall , 2nd floor meeting room , 17 Main Street on at 7:00 PM.. The public is invited to attend. Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a CONTUNED Notice of Intent by NJLJ properties for the re-development of an existing retail site to construct fuel dispensing area, convenience store and drive thru donut shop within the buffer zone of a wetland resource area at 400 Electri c Ave. 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 for February 20, 2019 in the Town Hall , 2nd floor meeting room , 17 Main Street on at 7:00 PM.. The public is invited to attend. ENFORCEMENT 1. Violations (Enforcement Actions and administrative hearings). - new (n) and continuations (c) EO -101 Pleasant Street – update/fines ENF CASE 2019 -6 EO - Powell Stone and Gravel- Leominster Shirley Road ENF CASE 2019-1 and 2019 -2 EO -55 Spring Street- update By Steve Marsden NON -155 -Reservoir Road- meeting with the residents EO- Emerald Place Beach EO -Shady Point-beach erosion ENF CASE 2019-7 New Business – Change in Wetland regulations to add a 5% fee for online files (Continued as new business ) Neil Gorman, David Ross and Associates, Land acquisition proposal , Saliba , Northfield Road ( # 994) Old Business - LSIC- Draft Order of Conditions Discussion-update ( if any) Work at the Small Town Forest-updates ( if any) Forest Stewardship/Bird Habitat planning for 123 Hollis Road Conservation Area – Updates If any. Discussion and updates of rules and regulations (if any) Certificates of Compliance – Extension Permit – Minutes of previous meetings - review and approval of January 16, 2019 & February 6 Committee Reports – Any Updates Agents Report /Action Items :  Legal Updates and Requests / regulation review –( if any )  ADA grant update  183 Hemlock, Update to be made in spring  101 Pleasant Street – EO /fine update  842R Chase Road – if any  Open space and land and Trail use issues and strategies (if any)  LSIC and Hickory Hills general update (If any)  Misc. updates  Communications / public comment/ Meeting Schedule- Next meeting is March 6, 2019 at 7:00 PM in the Ritter memorial Land Use Building 960 Mass ave ======================================================================================== DOCUMENT : 2019-02-20-minutes-6242.txt BOARD : conservation-commission DATE : 2019-02-20 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2019-02-20-minutes-6242.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_02202019-6242 ======================================================================================== ===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 Town Hall, 17 Main Street, 2nd floor meeting room February 20 2019 at 7:00 PM In accordance with the requirements of the Open Meetings Law, please be advised that this meeting is being Audio Recorded. Call to Order Chairman Bursch opened the meeting with all in attendance except KJ. Announcements Public Comment Appointments/Hearings –commences at 7 PM Pursuant to MGL ch 131, s 40 John Harrison has filed a request for a determination of applicability for the placement of a 16 by 4 rolling dock at 205 sunset lane within the buffer zone of Lake Shirley. 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 at the Billotta Meeting Room, Town Hall, 2nd Floor 17 Main Street at 7 PM on February 20, 2019 The public is invited to attend. John Harrsion: continued until March 6, 2019 by a motion of TD and a second by CC with a unanimous vote. ( DEP 208-xxxx )Pursuant to MGL ch 131, s 40 ,K & E Realty Trust has filed a Notice of Intent for the construction of an addition to a commercial building ( Asian Imperial ) within the buffer zone at 5 Electric Ave. Application and supporting documents ar e 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 at the Billotta Meeting Room, Town Hall, 2nd Floor 17 Main Street at 7 PM on February 20, 2019 The public is invited to attend. Pete Pelletier, Pelletier brothers and Kevin Sidleau. CL was waiting for an updated plan needing additions dumpsters for recycling and grease trap. TD noticed that some of the expansion was within non impervious. CL noted the dumpster was on the gravel trap rock area and was concerned about the amount of activity. He wanted to know if there was another way the proposal could be reconfigured. MM noted that the inside of the restaurant was stated by the owner as an issue and could be examined. The size of the freezer being shrunk down could be considered. ===PAGE 2=== The Commission expressed a desire to move pad out of the 30 foot, add dumpsters and relocated structures in better detail on the plans. JR noted that he would like to see the structure out of the 50 foot zone. Kevin Sidleau noted they would be willing to place it out of the 30 foot zone into the new parking lot; it could be fenced off . Continued to March 6, 2019, 7 PM at the Ritter Building at Mass Ave by a motion of TD. CC seconded and the vote was unanimous to approve the motion. (this is with consent of the applicant) (DEP 208-xxxx) Pursuant to MGL ch 131, s 40 as Borrego Solar Systems for the construction of a 2.26 Mega Watt Facility at 190 Electric Avenue within the buffer zone. 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 at the Billotta Meeting Room, Town Hall, 2 nd Floor 17 Main Street at 7 PM on February 20, 2019 The public is invited to attend. Brandon Smith representing Borrego Solar is proposing a 2 MW solar facility. The site walk was the previous Saturday with the Planning Board. He noted it was a wooded lot with fencing. There will be no working within the 30 foot buffer zone and some limited tree clearing. There is a small stream crossing proposed over an existing timber matting. It is slightly less than 100 square feet and there is replication proposed with a 2 to 1 requirement. There is a smaller wetland down stream that is not having any work within 50 feet of it proposed. A Pollinator mix was proposed for outside of the array. MM recommended a white clove and fescue 50/50 mix. TD expressed that he would like to see a vegetated buffer in the southwest corner by the wetland area. Abutters to the project indicated a desire to see a vegetative buffer. It was noted that the DEP number has not been issued. Continued to March 6, 2019 at 7 PM in the Ritter building with consent of the applicant by a motion of JR.TD seconded and the commission voted unanimously. (DEP 208-1150) Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a CONTINUED Notice of Intent by Nanci Bell for the replacement of an existing retaining wall at 51 Fire Road 19. 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 public is invited to attend the meeting, scheduled for February 20, 2019 in the Town Hall, 17 Main Street, 2nd floor meeting room. Continued to March 6, 2019 at 7 PM in the Ritter Building ( with consent of the applicant) with a motion of JR.TD seconded and the commission voted unanimously. ===PAGE 3=== Documents considered by the commission was a request for an amendment narrative and supplemental plans with a final revision date of February 20, 2019 Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a CONTNUED Notice of Intent by Daniel and Jean Proctor for the amendment of an existing Order of Conditions DEP 208-1121 at 380, 390 and 400 Electric Ave for the relocation and construction of a new building with parking and vehicle maneuvering areas added. Application and supporting documents are available fo r 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 for February 20, 2019 in the Town Hall , 2nd floor meeting room , 17 Main Street on at 7:00 PM.. The public is invited to attend. Greg Roy appeared with Dan Proctor for the continued amendment. Planning Board public hearing was opened on Monday. No significant issues were identified and they did respond to the comments of the reviewing engineer. Supplemental plans submitted were reflective of both boards concerns Mr. Roy passed out. DEP concerns and commission concerns regarding the impacts to river front were examined. Storm water standards were also reviewed. The O& M plans were updated to reflect the adjacent proposed development at 400 Electric. It was noted that the 80% standard was met. Sewer commission changes were examined as well as responses to peer reviewed comments. CL noted floor drains are not going into a tight tank as previously discussed and is going instead into an oil and grease trap system that will go into the sanitary sewer. CL noted that the building is in the riverfront and wondered why the building couldn’t be moved out. Dan Proctor noted the building is in the current location to allow for Handicap access and parking is in the front of the area instead of the rear closer to the wetland resource area. RB expressed that he feels that the green space areas expanded in total sum is a marked improvement over previous site conditions. RB asked about the construction schedules. It was noted that it would commence as soon as all approvals were contained. Motion to approve amendment with additional condition that all erosion stay in place through construction of the gas station by motion of TD and second by JR with 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 CONTUNED Notice of Intent by NJLJ properties for the re-development of an existing retail site to construct fuel dispensing area, convenience store and drive thru donut shop within the buffer zone of a wetland resource area at 400 Electric Ave. 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 for February 20, 2019 in the Town Hall , 2nd floor meeting room , 17 Main Street on at 7:00 PM.. The public is invited to attend. Hearing Continued to March 6, 2019 at the Ritter Building by request of the applicant. by TD which was seconded by CC with a unanimous vote to approve. ENFORCEMENT 1. Violations (Enforcement Actions and administrative hearings). - new (n) and continuations (c) ===PAGE 4=== EO -101 Pleasant Street – update/fines ENF CASE 2019 -6 MM noted fines continue to accumulate. The magistrate has set a hearing concerning the first 25 tickets issued for the end of March. Town Counsel will attend with MM. EO - Powell Stone and Gravel- Leominster Shirley Road ENF CASE 2019-1 and 2019 -2 EO -55 Spring Street- update By Steve Marsden – MM noted this is on the next agenda NON -155 -Reservoir Road- meeting with the residents EO- Emerald Place Beach EO -Shady Point-beach erosion ENF CASE 2019-7 – MM noted he met with the owner and the owner is expanding an earthen berm that MM found to be effective , however, it wasn’t long enough to be fully effective and instructed the owner to expand as soon as weather started to b reak further into spring conditions. New Business – Change in Wetland regulations to add a 5% fee for online files (Continued as new business ) MM and RB discussed with the commission the language and were in the regulations to insert them. The concept for the language was approved by a motion of CL and a second by CC with a unanimous vote to approve. Neil Gorman, David Ross and Associates, Land acquisition proposal , Saliba , Northfield Road ( # 994) Neil Gorman came in from David Ross to represent John and David Saliba. He outlined the site of a 258 acre property owned by his clients. He also pointed out land marks within and around the property. He also pointed out connections and potential connections to other town lands. Members of the commission expressed interest in obtaining a large parcel of land for connectivity to other town lands. Jassy Bratko of the NCLT noted that this area was listed as prime habitat under the biomap. Commission will examine alternatives and continue to pursue . Old Business - LSIC- Draft Order of Conditions Discussion-update ( if any) Work at the Small Town Forest-updates ( if any) Forest Stewardship/Bird Habitat planning for 123 Hollis Road Conservation Area – Updates If any. Discussion and updates of rules and regulations (if any) Certificates of Compliance – Extension Permit – Minutes of previous meetings - review and approval of January 16, 2019 & February 6- no action taken Committee Reports – Any Updates Agents Report /Action Items :  Legal Updates and Requests / regulation review –( if any )  ADA grant update MM reported that the grant is in effect and that the small town forest completion was the first step.  183 Hemlock, Update to be made in spring  101 Pleasant Street – EO /fine update  842R Chase Road – Heather Lemieux had emailed an update that Town Counsel was still pursuing deed issues.  Open space and land and Trail use issues and strategies (if any)  LSIC and Hickory Hills general update (If any)  Misc. updates  Communications / public comment/ Meeting Schedule- Next meeting is March 6, 2019 at 7:00 PM in the Ritter memorial Land Use Building 960 Mass ave ======================================================================================== DOCUMENT : 2019-03-06-agenda-6231.txt BOARD : conservation-commission DATE : 2019-03-06 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2019-03-06-agenda-6231.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_03062019-6231 ======================================================================================== ===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 NOTICE OF MEETING 960 Mass Ave, Ritter Memorial Land Use Building March 6, 2019 at 7:00 PM In accordance with the requirements of the Open Meetings Law, please be advised that this meeting is being Audio Recorded. AGENDA (REVISED) Call to Order Announcements Public Comment Appointments/Hearings –commences at 7 PM 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 Loretta Godfrey for the acceptance of landscape/patio work on an as build plan at 55 Spring 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 at the Ritter Memorial Land Use Building at 960 Mass Ave at 7 PM on March 6, 2019 The public is invited to attend. NOTICE: THIS IS TO ADDRESS CURRENT ENFORCEMENT ACTION LAST ON AGENDA ON FEB 20, 2019 Pursuant to MGL ch 131, s 40 John Harrison has filed a request for a determination of applicability for the placement of a 16 by 4 rolling dock at 205 sunset lane within the buffer zone of Lake Shirley. 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 at the Ritter Memorial Land Use Building at 960 Mass Ave at 7 PM on March 6, 2019 .THIS IS A CONTINUED MEETING FROM FEB 20, 2019 – The public is invited to attend ( DEP 208-xxxx )Pursuant to MGL ch 131, s 40 ,K & E Realty Trust has filed a Notice of Intent for the construction of an addition to a commercial building ( Asian Imperial ) within the buffer zone at 5 Electric Ave. Application and supporting documents ar e 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 at the Ritter Memorial Land Use building at 960 Mass Ave at 7:00 PM. THIS IS A CONTINUED MEETING FROM FEB 20, 2019 – The public is invited to attend (DEP 208-xxxx) Pursuant to MGL ch 131, s 40 as Borrego Solar Systems for the construction of a 2.26 Mega Watt Facility at 190 Electric Avenue within the buffer zone. 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 at the Ritter Memorial Land Use building at 960 Mass Ave at 7:00 PM. THIS IS A CONTINUED MEETING FROM FEB 20, 2019 – The public is invited to attend ===PAGE 2=== (DEP 208-1150) Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a CONTINUED Notice of Intent by Nanci Bell for the replacement of an existing retaining wall at 51 Fire Road 19. 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 at the Ritter Memorial Land Use building at 960 Mass Ave at 7:00 PM. THIS IS A CONTINUED MEETING FROM FEB 20, 2019 – The public is invited to attend Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public meeting on a CONTINUED Request for a Determination of Applicability by Keith Beaudoin for The placement of a seasonal dock at 264 Prospect Street Lot 8. 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 at the Ritter Memorial Land Use building at 960 Mass Ave at 7:00 PM. THIS IS A CONTINUED MEETING FROM FEB 06, 2019 – The public is invited to attend Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a CONTUNED Notice of Intent by NJLJ properties for the re-development of an existing retail site to construct fuel dispensing area, convenience store and drive thru donut shop within the buffer zone of a wetland resource area at 400 Electri c Ave. 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 at the Ritter memorial Land Use building at 960 Mass Ave at 7:00 PM. THIS IS A CONTINUED MEETING FROM FEB 20, 2019 – The public is invited to attend ENFORCEMENT 1. Violations (Enforcement Actions and Administrative Hearings). - 2. EO -134 Crawford Street- Greco Alonso, Fitchburg Redevelopment Authority and MBTA - ENF Case 2019-3 Initial administrative hearing on enforcement orders. Updates on enforcement cases EO -101 Pleasant Street – update/fines ENF CASE 2019 -6 THIS CONTINUED FROM FEB 20, 2019 EO - Powell Stone and Gravel- Leominster Shirley Road ENF CASE 2019-1 and 2019 -2 THIS CONTINUED FROM FEB 20, 2019 NON -155 -Reservoir Road- update THIS CONTINUED FROM FEB 20, 2019 EO- Emerald Place Beach- update to be made for Spring 2019 THIS CONTINUED FROM FEB 20, 2019 EO -Shady Point-beach erosion ENF CASE 2019-7 – no update –ongoing THIS CONTINUED FROM FEB 20, 2019 New Business - Land acquisition proposal , Saliba , Northfield Road ( # 994) Old Business - LSIC- Draft Order of Conditions Discussion-update ( if any) Work at the Small Town Forest-updates ( if any) Forest Stewardship/Bird Habitat planning for 123 Hollis Road Conservation Area – Updates If any. Discussion and updates of rules and regulations (if any) Certificates of Compliance – None to present Extension Permit – None to present Minutes of previous meetings - review and approval of February 6 and February 20, 2019 Committee Reports – Any Updates Agents Report /Action Items :  Legal Updates and Requests / regulation review –( if any )  ADA grant update  183 Hemlock, Update to be made in spring  101 Pleasant Street – EO /fine update  842R Chase Road – if any  Open space and land and Trail use issues and strategies (if any)  LSIC and Hickory Hills general update (If any)  Communications / public comment/ Adjourn/Meeting Schedule- Next meeting is March 20, 2019 at 7:00 PM in the Bilotta meeting romm 2nd floor at Town hall, 17 Main Street. ======================================================================================== DOCUMENT : 2019-03-06-minutes-6231.txt BOARD : conservation-commission DATE : 2019-03-06 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2019-03-06-minutes-6231.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_03062019-6231 ======================================================================================== ===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 960 Mass Ave, Ritter Memorial Land Use Building March 6, 2019 at 7:00 PM In accordance with the requirements of the Open Meetings Law, please be advised that this meeting is being Audio Recorded. Call to Order Vice Chair Dwyer presiding. As Chairman Bursch was participating remotely, ALL VOTES CITED IN THESE MINUTES ARE ROLL CALL VOTES. Note: Mr. Rabbitt attempted to participate remotely, however, due to internet problems could not maintain connection and is considered absent for this meeting. All other members were present with the exception of CL. Announcements Public Comment Appointments/Hearings –commences at 7 PM DOCUMENTS PRESENTED FOR CONSIDERATION WAS A REQUEST FOR A DETERMINATION AND A PLAN ENTITLED “AS-BULT” DATED 1-10-19 BY MARSDEN ENGINEERING. 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 Loretta Godfrey for the acceptance of landscape/patio work on an as build plan at 55 Spring 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 at the Ritter Memorial Land Use Building at 960 Mass Ave at 7 PM on March 6, 2019 The public is invited to attend. NOTICE: THIS IS TO ADDRESS CURRENT ENFORCEMENT ACTION LAST ON AGENDA ON FEB 20, 2019 Steve Marsden outlined the changes made in the plan and presented and ortho photos. RB asked what was outlined. Mr. Marsden noted that the patio is the same size only it is no longer flush to the ground and he also noted that it was raised to allow the stone to stop the erosion. RB also asked about impervious in the back. It was noted that there was impervious surface and regrind was. He could not confirm the exact size, however, it scales equivalent. TD read comments from CL into the record. Mr. Marsden noted that the patio was indeed discussed previously and as a result the commission requested and exact built. KJ felt Mr. Lucks photo doesn’t show the exact information needed and the applicants does. RB noted that his examination of the ortho’s indicate he agrees with CL. RB indicated that he feels there is not enough evidence there was a patio in existence. BP feels that if the patio is being used to recharge ground water then it is ok with him. CC indicated she doesn’t have enough information from the pho tos and cant go with the as built. KJ indicated that he agrees with BP . TD indicated he wanted to examine the issue CL brought up concerning replication. MM noted perhaps removing the pavement from the exiting driveway to the water and adding crushed stone to the end of the driveway may help. Mr. Marsden offered to remove the pavement from the end of the tight tank to the lake placed crushed stone. RB recommended open Hex pavers in the areas of the tire tracks. RB stated he preferred grass in the hex pavers. KJ motioned to issue a negative determination with the modification of the pavers to hex pavers along the length of driveway proposed by Mr. Marsden, in lieu of removal of the patio. BP seconded and a roll call vote was an approved unanimous vote. ===PAGE 2=== Pursuant to MGL ch 131, s 40 John Harrison has filed a request for a determination of applicability for the placement of a 16 by 4 rolling dock at 205 sunset lane within the buffer zone of Lake Shirley. 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 at the Ritter Memorial Land Use Building at 960 Mass Ave at 7 PM on March 6, 2019 .THIS IS A CONTINUED MEETING FROM FEB 20, 2019 – The public is invited to attend BP moved to continue the meeting at the applicant’s request. The motion was seconded by CC. The meeting was continued to March 20, 2019 at 7 PM . The roll call vote to approve the motion was unanimous. ( DEP 208-1154 )Pursuant to MGL ch 131, s 40 ,K & E Realty Trust has filed a Notice of Intent for the construction of an addition to a commercial building ( Asian Imperial ) within the buffer zone at 5 Electric Ave. Application and supporting documents ar e 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 at the Ritter Memorial Land Use building at 960 Mass Ave at 7:00 PM. THIS IS A CONTINUED MEETING FROM FEB 20, 2019 – The public is invited to attend K & E realty represented themselves and reviewed the replication and restoration area and has started the restoration planning. TD noted that the dumpsters and proposed restoration area should be noted on the plans that will are required to be revised and submitted so the commission can review them. It was noted that as long as the proposed expansion was revised as shown (slightly reduced in size) and the restoration area shown, the buffer zones shown by K&E on the current plan can be used. BP motioned to continue the hearing at the applicant’s request. The motion was seconded by KJ. The meeting was continued to March 20, 2019 at 7 PM. The roll call vote to approve the motion was unanimous. (DEP 208-1155) Pursuant to MGL ch 131, s 40 as Borrego Solar Systems for the construction of a 2.26 Mega Watt Facility at 190 Electric Avenue within the buffer zone. 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 at the Ritter Memorial Land Use building at 960 Mass Ave at 7:00 PM. THIS IS A CONTINUED MEETING FROM FEB 20, 2019 – The public is invited to attend Brandon Smith representing Borrego Solar, noted comments were addressed. He outlined the addressing the commission concerns and outlined the submitted documentation, It was noted scheduled construction was in 2020. He did note that he had no issue meeting DEP comments. BP moved to continue the meeting at the applicant’s request. The motion was seconded by CC. The meeting was continued to March 20, 2019 at 7 PM . The roll call vote to approve the motion was unanimous. (DEP 208-1150) Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a CONTINUED Notice of Intent by Nanci Bell for the replacement of an existing retaining wall at 51 Fire Road 19. 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 at the Ritter Memorial Land Use building at 960 Mass Ave at 7:00 PM. THIS IS A CONTINUED MEETING FROM FEB 20, 2019 – The public is invited to attend BP moved to continue the meeting at the applicant’s request. The motion was seconded by CC. The meeting was continued to March 20, 2019 at 7 PM . The roll call vote to approve the motion was unanimous. ===PAGE 3=== DOCUMENTS PRESENTED FOR CONSIDERATION WAS A REQUEST FOR A DETERMINATION AND A PLAN MODIFIED BY THE APPLICANT DATED MARCH 7, 2019 WITH UPDATES. Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public meeting on a CONTINUED Request for a Determination of Applicability by Keith Beaudoin for The placement of a seasonal dock at 264 Prospect Street Lot 8. 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 at the Ritter Memorial Land Use building at 960 Mass Ave at 7:00 PM. THIS IS A CONTINUED MEETING FROM FEB 06, 2019 – The public is invited to attend Mr. Beaudoin appeared representing himself. After reviewing the plans, KJ inquired if a gate was going to cut into the fencing. Mr. Beaudoin indicated yes, however the fencing would remain otherwise in place. A motion was made to issue a negative determination by KJ. It was seconded by CC and 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 CONTUNED Notice of Intent by NJLJ properties for the re-development of an existing retail site to construct fuel dispensing area, convenience store and drive thru donut shop within the buffer zone of a wetland resource area at 400 Electri c Ave. 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 at the Ritter memorial Land Use building at 960 Mass Ave at 7:00 PM. THIS IS A CONTINUED MEETING FROM FEB 20, 2019 – The public is invited to attend. Patrick McLaughlin was present to represent NJLJ. He reviewed comment and changes to the plan from the last meeting. TD read comments from CL into the record, inclusive of a concern that perhaps the commission should consider using a similar device installed in the Unitil project to stop petroleum discharges. MM examined the plan and stated his opinion that the current plan for an actuator valve that would close was sufficient for this application. RB stated he felt inclined to agree with CL. After some discussion, BP moved to close the hearing and approve an Order of Conditions with the following corrections to be submitted prior to the Order of Conditions being issued:  Corrections for Sheets 6, 7 and 11 noting the figures of disturbances and work within the 30 foot zone listed in a note, details on the proper coordination of electrical details for the valve shut off, the valve shut off/motor details submitted, training documentation for the shutoff operation and maintenance added and the correction to the Notice of Ident cited by DEP.  Full size updated plans with all corrections be added to the plans. KJ seconded and the commission voted by roll call with TD, BP, KJ and CC voting for the motion and RB voting against the motion as he stated he felt the meeting should be continued in order to examine the requested corrections prior to closing and approving an Order of Conditions. ENFORCEMENT 1. Violations (Enforcement Actions and Administrative Hearings). - 2. EO -134 Crawford Street- Greco Alonso, Fitchburg Redevelopment Authority and MBTA - ENF Case 2019-3 Initial administrative hearing on enforcement orders. ===PAGE 4=== The Commission was briefed on the matter of the trespass onto abutting properties and work within the riverfront, buffer zone and no touch zones. Present were officials from the Fitchburg Redevelopment Authority ( Meagan Donoghue and Chairman Thomas Donnelly) , Holly Palmgren from MBTA and Francis Shannon III, ESQ. After discussion of the violations and the requirements of the local by -law it was decided the following time line would apply: By April 3, 2019 – identify engineer and, if any, other professionals. By May 1, 2019 – identify dates for existing conditions plan and project schedule. By June 30, 2019 – application in. By July 1, 2019 - fines start if application not in. EO -101 Pleasant Street – update/fines ENF CASE 2019 -6 THIS CONTINUED FROM FEB 20, 2019 MM noted that the court meeting was set for March 27 in Fitchburg District Court and Town Counsel would be with him that day. EO - Powell Stone and Gravel- Leominster Shirley Road ENF CASE 2019-1 and 2019 -2 THIS CONTINUED FROM FEB 20, 2019- MM noted DEP is starting enfocement and sis till awaiting updates. He also asked Brian Marchetti who was present about progress on a notice of Intent for the 2 adjacent lots. Mr. Marchetti indicated he just received the totality of the survey data and was processing it for planning for the upcoming filings. NON -155 -Reservoir Road- update THIS CONTINUED FROM FEB 20, 2019- Residents from the development were present. Mike Hughes, representing the applicants submitted a draft proposal, however, it still left a 10.6% alteration. MM indicated that it did not meet DEP performance standards and had himself spoken to DEP and they also confirmed that opinion. Brian Marchetti, presented a plan showing the removal and replanting of all mulcted areas noting that just the removal and replanting of the mulch would restore the numbers to the levels the commission had approved. The Commission urged the residents to continue to wor together and noted the commission would reconvene on this issue at the May 1, 2019 meeting at the Ritter Memorial Building on 960 Mass Ave. EO- Emerald Place Beach- update to be made for Spring 2019 THIS CONTINUED FROM FEB 20, 2019 EO -Shady Point-beach erosion ENF CASE 2019-7 – no update –ongoing THIS CONTINUED FROM FEB 20, 2019 New Business - Land acquisition proposal , Saliba , Northfield Road ( # 994) RB noted that Brandon Kibbe had met with the Selectmen in executive session and that along the same lines as the purchase of the Lane property, a subcommittee is bein g formed. Old Business - LSIC- Draft Order of Conditions Discussion-update ( if any) Work at the Small Town Forest-updates ( if any) Forest Stewardship/Bird Habitat planning for 123 Hollis Road Conservation Area – Updates If any.- Gary will be appearing at the April 17, 2019 meeting. The habitat stewardship plan will be discussed by the commission at the March 20 meeting. Discussion and updates of rules and regulations (if any) Certificates of Compliance – None to present Extension Permit – None to present Minutes of previous meetings - review and approval of February 6 and February 20, 2019 Action on the minutes were withheld until more members are present. Committee Reports – Any Updates Agents Report /Action Items :  Legal Updates and Requests / regulation review –( if any )  ADA grant update – MM noted that he updated the state on the status of implementation and will be doing so monthly until compete- he expects construction to resume once the winter weather is gone.  183 Hemlock, Update to be made in spring  101 Pleasant Street – EO /fine update- see above  842R Chase Road – if any none  Open space and land and Trail use issues and strategies (if any)  LSIC and Hickory Hills general update (If any) ===PAGE 5===  Communications / public comment/ Adjourn/Meeting Schedule- Next meeting is March 20, 2019 at 7:00 PM in the Bilotta meeting romm 2nd floor at Town hall, 17 Main Street. The meeting was adjourned at 10:27 PM with a motion by BPO and a seconded by KJ with a unanimous vote to approve . All Documents referred to in the minutes are available in the Conservation Commission Office at 960 Mass Ave. ======================================================================================== DOCUMENT : 2019-03-20-agenda-6243.txt BOARD : conservation-commission DATE : 2019-03-20 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2019-03-20-agenda-6243.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_03202019-6243 ======================================================================================== ===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 NOTICE OF MEETING Town Hall, 17 Main Street, 2nd floor meeting room March 20 2019 at 7:00 PM In accordance with the requirements of the Open Meetings Law, please be advised that this meeting is being Audio/Video Recorded. AGENDA Call to Order Announcements Public Comment Appointments/Hearings –commences at 7 PM 7PM : 141 Hemlock – Enforcement Conference case number ENF 2019-8 Pursuant to MGL ch 131, s 40 John Harrison has filed a request for a determination of applicability for the placement of a 1 6 by 4 rolling dock at 205 sunset lane within the buffer zone of Lake Shirley. 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 at the Bilotta meeting room 2nd floor 17 Main Street at 7 PM on March 20, 2019 .THIS IS A CONTINUED MEETING FROM March 6, 2019 – The public is invited to attend ( DEP 208-1154)Pursuant to MGL ch 131, s 40 ,K & E Realty Trust has filed a Notice of Intent for the construction of an addition to a commercial building ( Asian Imperial ) within the buffer zone at 5 Electric Ave. Application and supporting documents ar e 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 at the Bilotta meeting room 2nd floor 17 Main Street at 7 PM on March 20, 2019 .THIS IS A CONTINUED MEETING FROM March 6, 2019 – The public is invited to attend (DEP 208-1152) Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing for a Notice of Intent by Steven Violette for repairs of a roadway and reconstruction of a bridge deck at 181 Kilburn 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 emailinglcc@lunenburgonline.com. the meeting will take place at the Bilotta meeting room 2nd floor 17 Main Street a t 7 PM on March 20, 2019 .THIS IS A CONTINUED MEETING FROM December 19, 2018 – The public is invited to attend (DEP 208-1155) Pursuant to MGL ch 131, s 40 as Borrego Solar Systems for the construction of a 2.26 Mega Watt Facility at 190 Electric Avenue within the buffer zone. Application and supporting documents are available for review at the Conservation ===PAGE 2=== 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 at the Bilotta meeting room 2nd floor 17 Main Street at 7 PM on March 20, 2019 .THIS IS A CONTINUED MEETING FROM March 6, 2019 – The public is invited to attend ( DEP 208-xxxx )Pursuant to MGL ch 131, s 40 RCL Realty Trust II, Renee Bagley Trustee, has filed a request for a Notice of Intent for the Construction of a single family home at 150 Cross Road within the buffer zone of a Wetland Resource Area. 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 at the Billotta Meeting Room, Town Hall, 2nd Floor 17 Main Street at 7 PM on March 20, 2019 The public is invited to attend. (DEP 208-1150) Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a CONTINUED Notice of Intent by Nanci Bell for the replacement of an existing retaining wall at 51 Fire Road 19. 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 at the Bilotta meeting room 2nd floor 17 Main Street at 7 PM on March 20, 2019 .THIS IS A CONTINUED MEETING FROM March 6, 2019 – The public is invited to attend ENFORCEMENT 1. Violations (Enforcement Actions and Administrative Hearings). - 2. EO- 63 Prospect Street- EFN case 2019-10, Conference with owner- New Case EO -134 Crawford Street- Greco Alonso, Fitchburg Redevelopment Authority and MBTA - ENF Case 2019-3 Initial administrative hearing on enforcement orders. CONTINUED FROM March 6, 2019 Updates on enforcement cases and status of timelines EO -101 Pleasant Street – update/fines ENF CASE 2019 -6 THIS CONTINUED FROM March 6 2019 EO - Powell Stone and Gravel- Leominster Shirley Road ENF CASE 2019-1 and 2019 -2 THIS CONTINUED FROM March 6, 2019 NON -155 -Reservoir Road- update THIS CONTINUED FROM FEB 20, 2019 EO- Emerald Place Beach- update to be made for Spring 2019 THIS CONTINUED FROM March 6, 2019 EO -Shady Point-beach erosion ENF CASE 2019-7 – no update –ongoing THIS CONTINUED FROM March 6, 2019 New Business - Land acquisition proposal , Saliba , Northfield Road ( # 994) Old Business - LSIC- Draft Order of Conditions Discussion- Work at the Small Town Forest-updates ( if any) Forest Stewardship/Bird Habitat planning for 123 Hollis Road Conservation Area – Update regarding second draft and presentation for April meeting. Discussion and updates of rules and regulations (if any) Certificates of Compliance – None to present Extension Permit – LSCI 208-1064 Minutes of previous meetings - review and approval of February 20 and March 6, 2019 Committee Reports – Any Updates Agents Report /Action Items :  Legal Updates and Requests / regulation review –( if any )  ADA grant update ( if any)  183 Hemlock, Update to be made in spring  842R Chase Road – if any  Open space and land and Trail use issues and strategies (if any)  LSIC and Hickory Hills general update (If any)  Communications / public comment/ Adjourn/Meeting Schedule- Next meeting is April 3, 2019 at 7:00 PM in Ritter Memorial Building 960 Mass Ave ======================================================================================== DOCUMENT : 2019-03-20-minutes-6243.txt BOARD : conservation-commission DATE : 2019-03-20 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2019-03-20-minutes-6243.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_03202019-6243 ======================================================================================== ===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 Town Hall, 17 Main Street, 2nd floor meeting room March 20 2019 at 7:00 PM In accordance with the requirements of the Open Meetings Law, please be advised that this meeting is being Audio/Video Recorded. AGENDA Call to Order Vice Chair Dwyer presiding with all members present except JR. AS Chair Bursch participated remotely all votes taken were by roll call only. Announcements Tom Bertram- 312 TH road informed the commission that there will be a MASS COLAP meeting is April 12, 2019 noted storm-water was going to be heavily stressed. Public Comment CL spoke to the commission about the use of adding adjacent upland resource area as a means of extra buffer protection.MM noted there is merit in the idea as he has seen it used in other communities of similar size. He mentioned Bolton as an example of a community close to Lunenburg that currently has that as part of their by-law Appointments/Hearings –commences at 7 PM 7PM : 141 Hemlock – Enforcement Conference case number ENF 2019-8 The Commission reviewed the site visit with Mr. Nault there was clarification of what was allowed by the commission for work on the drawn down shore line. As there were no furthe r issues, the commission considered the matter closed. Documents presented for consideration was a DEP form 1 and a plan by Rose Land Survey with a plan dated 3/6/19. Pursuant to MGL ch 131, s 40 John Harrison has filed a request for a determination of applicability for the placement of a 1 6 by 4 rolling dock at 205 sunset lane within the buffer zone of Lake Shirley. 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 at the Bilotta meeting room 2nd floor 17 Main Street at 7 PM on March 20, 2019 .THIS IS A CONTINUED MEETING FROM March 6, 2019 – The public is invited to attend Tina Harrison was present to represent her and her husband. Cl had mentioned maybe adding length to the stairs proposed to allow for reduced traffic between the stairs and the dock. The Commission decided as the stair case was designed to be placed on the ground and removable, and there was not going to be much traffic, changing the proposal was not necessary. It was clarified that no vegetation clearing on the remainder of the lot was allowed under this determination. RB noted the stairs c an go in April 1 and removed October 15th. BP moved to issue the negative determination with the condition of the stairs RB had outlined. CL seconded and the commission unanimously approved by roll call vote. ===PAGE 2=== DOCUMENTS PRESENTED FOR CONSIDERATION WAS A NOTICE OF INTENT AND A PL AN ENTITLED “ REVISED SHEET 4 OF SITE PLAN” WITH A FINAL REVISION DATE OF MARCH 19, 2019 ( DEP 208-1154)Pursuant to MGL ch 131, s 40 ,K & E Realty Trust has filed a Notice of Intent for the construction of an addition to a commercial building ( Asian Imperial ) within the buffer zone at 5 Electric Ave. Application and supporting documents ar e 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 at the Bilotta meeting room 2nd floor 17 Main Street at 7 PM on March 20, 2019 .THIS IS A CONTINUED MEETING FROM March 6, 2019 – The public is invited to attend Kim , representing K & E Realty reviewed the new plan showing all structures are on pavement. The dumpsters have been moved and the restoration area is outlined on the plan. MM recommended to have the restoration completed first.KJ moved to issue and Order of Conditions with MM’s addition CL seconded and the commission voted a roll call unanimous approval. DOCUMENTS PRESENTED FOR CONSIDERATION WAS A NOTICE OF INTENT AND PLAN FOR BRIDGE CONSTRUCTION BY CHRISTOPHER ENVIRONMENTAL WITH A FINAL REVISION DATE OF MARCH 13, 2019 (DEP 208-1152) Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing for a Notice of Intent by Steven Violette for repairs of a roadway and reconstruction of a bridge de ck at 181 Kilburn 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 emailinglcc@lunenburgonline.com. the meeting will take place at the Bilotta meeting room 2nd floor 17 Main Street at 7 PM on March 20, 2019 .THIS IS A CONTINUED MEETING FROM December 19, 2018 – The public is invited to attend Tom Christopher reviewed the previous meetings concerns. He had the entire bridge redesigned to make it larger and set the distance away from the edge by 10 feet. The number of steel spans have been reduced to 3 and are using stronger material. TD agreed the new design would not affect the existing bridge negatively. Tom doesn’t see the need for the old bridge to be removed. KJ moved to approve and issue a standard Order.CL seconded and the commission voted unanimously to approve the motion by roll call vote. Tom noted as an aside that there is a barn to be constructed on the property that will be well away from the d-basin and the buffer zone for food safety ( new requirements for washing food indoors for sanitary conditions). Tom will inspect the stakes of the building foot print. To ensure erosion protection is established if necessary. DOCUMENTS SUBMITTED FOR REVIEW AS A NOTICE OF INTENT AND A PLAN ENTITLED SITE DEVELOPMENT PLAN WITH A FINAL REVISION DATE OF March 12, 2019 (DEP 208-1155) Pursuant to MGL ch 131, s 40 as Borrego Solar Systems for the construction of a 2.26 Mega Watt Facility at 190 Electric Avenue within the buffer zone. 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 at the Bilotta meeting room 2nd floor 17 Main Street at 7 PM on March 20, 2019 .THIS IS A CONTINUED MEETING FROM March 6, 2019 – The public is invited to attend Brandon Smith-appeared for Borrego and reviewed comments from DEP and noted the changes to the plan and repoonses to DEP .MM recommended the use of a 50/50 wildflower mix and a third party inspector be retained for the Town’s use.which was agreed to by the applicant.CL moved to issue with the additional conditions that MM noted. KJ seconded and the Commission voted unanimously by roll call vote to approve the motion. ===PAGE 3=== Documents presented for consideration was a Notice of Intent and a plan by Hannigan Engineering entitled “ Site Development Plan” dated 2/12/19 ( DEP 208-xxxx )Pursuant to MGL ch 131, s 40 RCL Realty Trust II, Renee Bagley Trustee, has filed a request for a Notice of Intent for the Construction of a single family home at 150 Cross Road within the buffer zone of a Wetland Resource Area. 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 at the Billotta Meeting Room, Town Hall, 2nd Floor 17 Main Street at 7 PM on March 20, 2019 The public is invited to attend. Chris Anderson from Hannigan Engineering represented the owner. BP and TD were concerned about the slope and recommended having a manicured landscaped out of the 50 foot zone. Todd asked for clarification about the siting of an E1 sewer line . The applicant explained the sewer line would cross the 50 foot zone would be post construction revegetated as upland forest. Chris use wildlife mix which the commission was in agreement with. RB examined grading for drainage and the applicant agreed to re-pitch drive to slow runoff down and will try to adjust grade 109 (contour on plan) to slow water down a little more. The agreed to survey locate the erosion protection prior to work on trees being removed. A motion with the aforementioned additional conditions being added to approve an Order of Conditions by KJ and a second by BP with a unanimous roll call vote by the commission approving the motion. (DEP 208-1150) Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a CONTINUED Notice of Intent by Nanci Bell for the replacement of an existing retaining wall at 51 Fire Road 19. 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 at the Bilotta meeting room 2nd floor 17 Main Street at 7 PM on March 20, 2019 .THIS IS A CONTINUED MEETING FROM March 6, 2019 – The public is invited to attend CONTINUED BY APPLICANTS REQUEST TO APRIL 3, 2019 at 7 PM 960 Mass Ave by motion of KJ and a second by CC. The commission voted a roll call unanimous approval ENFORCEMENT 1. Violations (Enforcement Actions and Administrative Hearings). - 2. EO- 63 Prospect Street- EFN case 2019-10, Conference with owner- New Case Nick Raineri the new owner appeared before the commission and noted storm had tree branches down and some of the trees were dead to begin with, . MM reviewed the initial Order has there was cutting evident within the established 50 foot no touch zone mandated by the prior commission approval. The Commission set a site inspection date of March 30, 2019 at 9 am to review the property. EO -134 Crawford Street- Greco Alonso, Fitchburg Redevelopment Authority and MBTA - ENF Case 2019-3 Initial administrative hearing on enforcement orders. CONTINUED FROM March 6, 2019 Updates on enforcement cases and status of timelines EO -101 Pleasant Street – update/fines ENF CASE 2019 -6 THIS CONTINUED FROM March 6 2019 MM noted the case will be heard on March 27 at district court in Fitchburg and will update the commission as events occur, EO - Powell Stone and Gravel- Leominster Shirley Road ENF CASE 2019-1 and 2019 -2 THIS CONTINUED FROM March 6, 2019- MM noted that he understood the DEP was meeting with Mr Powell on March 21 for an enforcement conference. NON -155 -Reservoir Road- update THIS CONTINUED FROM FEB 20, 2019 EO- Emerald Place Beach- update to be made for Spring 2019 THIS CONTINUED FROM March 6, 2019 EO -Shady Point-beach erosion ENF CASE 2019-7 – no update –ongoing THIS CONTINUED FROM March 6, 2019 New Business - Land acquisition proposal , Saliba , Northfield Road ( # 994) ===PAGE 4=== Old Business - LSIC- Draft Order of Conditions Discussion- A Clean copy of the Order will be issued to all parties to discuss at the April 3, 2019 meeting Work at the Small Town Forest-updates ( if any) MM noted he is awaiting for the weather to break to have DPW go on the site with him for ADA work Forest Stewardship/Bird Habitat planning for 123 Hollis Road Conservation Area – Update regarding second draft and presentation for April meeting. MM noted that Gary wil be on a site walk for the public on April 13 at 9 Am and the meeting on April 17th. The were still awaiting to hear from Jeff Ritterson form Mass Audubon as to his status. Discussion and updates of rules and regulations (if any) Certificates of Compliance – None to present Extension Permit – LSCI 208-1064- The extension was granted to June 6, 2019 by motion of BP with a second by KJ and a unanimous roll call vote to approve the motion. Minutes of previous meetings - review and approval of February 20 and March 6, 2019 Minutes were approved with an amendment by RB to March 6, to change the mention of Brandon Kibbe’s work with the Selectmen as future tense as no meeting had happened at that point. The minutes with the amendment was approved by a motion of BP and a second by Cc with unanimous roll call vote to approve. Committee Reports – Any Updates BP informed the commission of the possibility of utilizing the 8 hours of free time from MRPC towards the completion of trail map development. Agents Report /Action Items :  Legal Updates and Requests / regulation review –( if any ) ADA grant update ( if any) MM noted he is awaiting for the weather to break to have DPW go on the site with him for ADA work  183 Hemlock, Update to be made in spring  842R Chase Road – if any  Open space and land and Trail use issues and strategies (if any)  LSIC and Hickory Hills general update (If any)  Communications / public comment/ Adjourn/Meeting Schedule- Next meeting is April 3, 2019 at 7:00 PM in Ritter Memorial Building 960 Mass Ave The meeting was adjourned at 9:38 PM with a motion from BP and a second by CC and unanimous roll call vote to approve the motion. ======================================================================================== DOCUMENT : 2019-04-03-agenda-6244.txt BOARD : conservation-commission DATE : 2019-04-03 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2019-04-03-agenda-6244.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_04032019-6244 ======================================================================================== ===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 NOTICE OF MEETING 960 Mass Ave Ritter April 3 2019 at 7:00 PM In accordance with the requirements of the Open Meetings Law, please be advised that this meeting is being Audio 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. AGENDA Call to Order Announcements Public Comment Appointments/Hearings –commences at 7 PM 7 PM : 398 Page Street – Enforcement Conference case number ENF 2019-11 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 David Gerry for the replacement of a shed, the re -facing of an existing stone wall and the removal of a tree within the buffer zone of Hickory Hills Lake at 36 Peninsula Drive. 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 at the Ritter memorial Land Use Building at 960 Mass Ave at 7 PM on April 3, 2019 The public is invited to attend. (DEP 208-xxxx) 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 submitted by Joseph O’Brien for the construction of a single family home with garage within the buffer zone at 179 Island 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 at the Ritter memorial Land Use Building at 960 Mass Ave at 7 PM on April 3, 2019 The public is invited to attend. ===PAGE 2=== (DEP 208-1150) Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a CONTINUED Notice of Intent by Nanci Bell for the replacement of an existing retaining wall at 51 Fire Road 19. 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 at the Ritter memorial Land Use Building at 960 Mass Ave at 7 PM on April 3, 2019 The public is invited to attend. .THIS IS A CONTINUED MEETING FROM March 20, 2019 – The public is invited to attend ENFORCEMENT 1. Violations (Enforcement Actions and Administrative Hearings). - 2. EO- 4 Townsend Harbor Road – Enforcement Conference case number ENF 2019-12 EO -134 Crawford Street- Greco Alonso, Fitchburg Redevelopment Authority and MBTA - ENF Case 2019-3 Initial administrative hearing on enforcement orders. THIS CONTINUED FROM March 20 2019 Updates on enforcement cases and status of timelines EO -101 Pleasant Street – update/fines ENF CASE 2019 -6 THIS CONTINUED FROM March 20 2019 EO - Powell Stone and Gravel- Leominster Shirley Road ENF CASE 2019-1 and 2019 -2 THIS CONTINUED FROM March 20, 2019 NON -155 -Reservoir Road- update THIS CONTINUED FROM March 20, 2019 EO- Emerald Place Beach- update to be made for Spring 2019 THIS CONTINUED FROM March 20, 2019 EO -Shady Point-beach erosion ENF CASE 2019-7 – no update –ongoing THIS CONTINUED FROM March 20, 2019 New Business - Land acquisition proposal , Saliba , Northfield Road ( # 994) Old Business - LSIC- Draft Order of Conditions Discussion- Work at the Small Town Forest-updates ( if any) Forest Stewardship/Bird Habitat planning for 123 Hollis Road Conservation Area – Update regarding second draft and presentation for April meeting. Discussion and updates of rules and regulations (if any) Certificates of Compliance – None to present Extension Permit – Minutes of previous meetings - review and approval of March 20, 2019 Committee Reports – Any Updates Agents Report /Action Items :  Legal Updates and Requests / regulation review –( if any )  ADA grant update ( if any)  183 Hemlock, Update to be made in spring  842R Chase Road – if any  Open space and land and Trail use issues and strategies (if any)  LSIC and Hickory Hills general update (If any)  Communications / public comment/ Adjourn/Meeting Schedule- Next meeting is April 17, 2019 at 7:00 PM in The Bilotta Meeting Room, 2nd Floor, Town Hall, 17 Main Street