# conservation-commission — 17 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 : 2019-04-03-minutes-6244.txt BOARD : conservation-commission DATE : 2019-04-03 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2019-04-03-minutes-6244.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_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. MINUTES Call to Order Announcements Public Comment – KJ noted the eagle scout project on Hollis Road was complete and had singed off on the project paperwork. Appointments/Hearings –commences at 7 PM MEETING COMMENCED AT 7 PM with Chairman Bursch presiding. ALL MEMBERS PRESENT NOTE JR PARTICIAPTED REMOTLEY THRERFORE ALL VOTES ARE ROLLCALL. 7 PM : 398 Page Street – Enforcement Conference case number ENF 2019-11 The property owner James White appeared before the commission. The Commission reviewed the enforcement action and the commission explained the agricultural exemption and the fact that he needs to file a Notice of Intent and referred him to a l ist of consulting agents experienced with conversions. The Owner noted there was a file with NRCS. TD noted he felt like it was an oversight and should be afforded time to hire a consultant and properly file the paperwork.The Chair explained the in order f or the NRCS exemption to apply a Notice of Intent still needed to be filed. Mr. White noted that he will hire a wetlands specialist/consulting agent. The Enforcement order was ratified by the commission by a motion of BP and a second by CL with unanimous vote to approve Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Request for 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. RB reviewed the project with the applicant who was present to represent himself. CL noted this was a pretty interesting case as there was other projects that could be forthcoming. Floodplain was noted that would need to be compensated to make up for the ===PAGE 2=== wall. The applicant explored the possibility of changing the wall entirely in place. RB reviewed the minimum required documentation of specification that may be required. A continuation was suggested. The Chair reviewed erosion protection with the applicant as well. The shed was examined, the square footage would not be allowed to be expanded and the commission examined potential orientations to comply with the by law. JR inquired about the boulder. The boulder can’t be easily removed and was proposed to stay in place. The Commission did not see a reason for the proposed tree to come down. Mr Gerry decided at that point in the hearing to re-think the project and requested a withdrawl. CC motioned for a positive determination. TD seconded and the commission voted a unanimous roll call vote to approve. (DEP 208-1158) 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. The applicant requested a continuance to May 1, 2019. BP noted that the original approval i s not what is not on site. CL noted that there was a violation and there was no documentation on file to produce a record of the violation. RB noted that MM found the plan filed with the other departments. (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 The applicant is requesting a continuance. The Commission after discussion is continuing to May 1, 2019 by a motion of KJ and a second by BP and a unanimous roll call vote. ENFORCEMENT 1. Violations (Enforcement Actions and Administrative Hearings). - 2. EO- 4 Townsend Harbor Road – Enforcement Conference case number ENF 2019-12 The owner appeared before the commission . The chair reviewed the violation with him and noted that an engineer is required to file a Notice of Intent. The Commission reviewed potential engineers in the area at the applicants request. The Commission gave a 60 day window by June 5 meeting. The order was ratified by a motion of CL and a second by KJ with a unanimous roll call vote to approve. The owner asked for the ability to remove trash from the site. The Chair indicated no issues. 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 – The chair reviewed the timelines with commission. EO -101 Pleasant Street – update/fines ENF CASE 2019 -6 THIS CONTINUED FROM March 20 2019 Violation(s) going to criminal disposition. EO - Powell Stone and Gravel- Leominster Shirley Road ENF CASE 2019-1 and 2019 -2 THIS CONTINUED FROM March 20, 2019 – DEP is going to issue an order and MM will continue to update. NON -155 -Reservoir Road- update THIS CONTINUED FROM March 20, 2019- will be in at the May first meeting EO- Emerald Place Beach- update to be made for Spring 2019 THIS CONTINUED FROM March 20, 2019- MM monitoring and will issue a report in a few weeks ===PAGE 3=== EO -Shady Point-beach erosion ENF CASE 2019-7 – no update –ongoing THIS CONTINUED FROM March 20, 2019 – still awaiting the owner to return from Florida New Business - Land acquisition proposal , Saliba , Northfield Road ( # 994) The BOS have selected a land acquisition committee to work on this issue. BP noted the makeup of some of the members of the committee. The Commission selected KJ as the representative with the Chair as an alternate backup. The Commission approved the appointment by a motion of BP and a second by TD with a unanimous roll call vote. Old Business - LSIC- Draft Order of Conditions Discussion- CL noted the cleared draft MM sent has a couple of changes CL added. He re-added the first 2 paragraphs. He added back the five year provision for a third party independent contractor. Algae provisions were re-examined and the clarity thresholds for samplings were examined. The scope of what the third party would review every five years was examined. JR raised the issue of what time line would be involved for reconciliation and would it be too prohibitive. The Algae sampling points were examined. Joanna Bilotta is planning to ask for an extension for the Order to September 30, 2019 and will file a new Notice of Intent. She indicated they may appeal if they do not agree with the Order. Work at the Small Town Forest-updates ( if any) Forest Stewardship/Bird Habitat planning for 123 Hollis Road Conservation Area – Update regarding The Chair mentioned that the site meeting is set for April 13 at 123 Hollis Road. Discussion and updates of rules and regulations (if any) There will be a meeting for this ite on May 29, 2019 time to be determined. Certificates of Compliance – None to present Extension Permit – Minutes of previous meetings - Review and approval of March 20, 2019 BP moved to approve as amended CC seconded and the commission voted unanimously. Committee Reports – Any Updates Agents Report /Action Items :  Legal Updates and Requests / regulation review –( if any )  ADA grant update ( if any)- meeting with DEP and work commencing in May  183 Hemlock, Update to be made in spring  842R Chase Road – if any still in probate – BP was informed that it now may not require probate  Open space and land and Trail use issues and strategies (if any)  LSIC and Hickory Hills general update (If any) – MM to call John about testing with the lake being full  Communications / public comment/ Adjourn/Meeting Schedule- The Commission examined the violation at 63 Prospect Street and the documentation MM presented consisting of the issued Order and a statement from Mr. Mattson. RB noted the silt fence was back up and the area needs to be stabilized. TD noted that there were two trees in addition that the owner had marked to be removed. The Commission reviewed the letter form Mr. Mattson. TD proposed a mechanism, including having the tree company come to a future meeting. CL narrated a draft process regarding an education packet to new homeowners. He will meet with MM. RB informed the commission that the Selectman had requested a member of the commission be appointed to a newly formed economic development committee. The matter was tabled at this time. Next meeting is April 17, 2019 at 7:00 PM in The Bilotta Meeting Room, 2nd Floor, Town Hall, 17 Main Street The meeting ended at 10:07 PM with a motion to adjourn by CC and a second by KJ with a unanimous vote to approve. – Documents mentioned in these minutes are at the commission office for viewing. ======================================================================================== DOCUMENT : 2019-04-13-agenda-6238.txt BOARD : conservation-commission DATE : 2019-04-13 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2019-04-13-agenda-6238.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_04132019-6238 ======================================================================================== ===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 123 Hollis Road, Hollis Road Conservation Land Saturday, April 13 2019 at 9:00 AM AGENDA 1. Call to Order 2. Site Walk of Conservation Land: Review of proposed Forest Stewardship Plan submitted by New England Forestry Consultants 3. Adjourn ======================================================================================== DOCUMENT : 2019-04-13-minutes-6238.txt BOARD : conservation-commission DATE : 2019-04-13 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2019-04-13-minutes-6238.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_04132019-6238 ======================================================================================== ===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 123 Hollis Road, Hollis Road Conservation Land Saturday, April 13 2019 at 9:00 AM MINUTES 1. Call to Order Chariman Bursch called to order at 9m with all present except BP and CC 2. Site Walk of Conservation Land: Review of proposed Forest Stewardship Plan submitted by New England Forestry Consultants. Gary Gouldrup toured the commission and the public through each area specified in the stewardship plan. This was in preparation for public disc ussion at the meeting scheduled for April 17, 2019 in the Billotta meeting room 2 nd floor at 17 Main Street. Ginni and Norbert Albertson raised concerns relevant to the continued protection of the pollinator habitat. Norbert Albertson examined any potential revenue generation with the commission. KJ noted that revenue generation is part of the equation to ensure the work towards bird protection can be affordable to execute but was not the primary driving factor. Jon Jones spoke of other conservation parcels that have bird habitat cultivated and how well they work. One of the biggest concerns of the participants continues to be the impact of skidder trails to access interior foresting. Several ideas were suggested to minimize this impact including access thr ough the field from the south of the house as well as access via Rt. 2A through the Lunenburg Water District site. 3. Adjourn – The Commission adjourned at 11 am with a motion by TD and a second by KJ with a unanimous vote. ======================================================================================== DOCUMENT : 2019-04-17-agenda-6216.txt BOARD : conservation-commission DATE : 2019-04-17 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2019-04-17-agenda-6216.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_04172019-6216 ======================================================================================== ===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 17 Main Street, Second Floor, Bilotta Meeting Room April 17 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. 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 : (DEP 208-1158) 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. (RDA) 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 Carl Luck for the installation of an emergency generator and a trench to accommodate the conduit within the outer portion of the 100 foot buffer zone at 30 and 50 Sunset Lane. Appl ication 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 April 17, 2019 The public is invited to attend. (RDA) 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 Melissa Ribaudo for the extension of a dock at 33 Birch Island Way.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 April 17, 2019 The public is invited to attend. ===PAGE 2=== ENFORCEMENT 1. Violations (Enforcement Actions and Administrative Hearings). - 2. EO- 4 Townsend Harbor Road – Enforcement Conference case number ENF 2019-12 THIS CONTINUED FROM APRIL 3, 2019 3. EO- 63 Prospect St. – Enforcement Conference case number ENF 2019-11 THIS CONTINUED FROM APRIL 3, 2019 EO -134 Crawford Street- Greco Alonso, Fitchburg Redevelopment Authority and MBTA- ENF Case 2019-3 Initial administrative hearing on enforcement orders. THIS CONTINUED FROM APRIL 3, 2019 Updates on enforcement cases and status of timelines EO -101 Pleasant Street – update/fines ENF CASE 2019 -6 THIS CONTINUED FROM APRIL 3, 2019 EO - Powell Stone and Gravel- Leominster Shirley Road ENF CASE 2019-1 and 2019 -2 THIS CONTINUED FROM APRIL 3, 2019 NON -155 -Reservoir Road- update from all parties regarding remedial work THIS CONTINUED FROM APRIL 3, 2019 EO- Emerald Place Beach- update to be made for Spring 2019 THIS CONTINUED FROM APRIL 3, 2019 EO -Shady Point-beach erosion ENF CASE 2019-7 – no update –ongoing THIS CONTINUED FROM APRIL 3, 2019 New Business - Land acquisition proposal , Saliba , Northfield Road ( # 994) New home owner notification policy discussion/feedback 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 – Draft Stewardship Plan- Progess meeting with the Commission, Gary Gouldrup and the public at large 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 May 1, 2019 at the Ritter memorial Land Use building at 960 Mass Ave at 7 PM ======================================================================================== DOCUMENT : 2019-04-17-minutes-6216.txt BOARD : conservation-commission DATE : 2019-04-17 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2019-04-17-minutes-6216.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_04172019-6216 ======================================================================================== ===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 17 Main Street, Second Floor, Bilotta Meeting Room April 17 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. 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. Call to Order Announcements Public Comment- CL spoke about the presentations of the annual COLAP meeting. Appointments/Hearings –commences at 7 PM 7 PM : (DEP 208-1158) 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. This is continued to the May 1st meeting due to the applicant issuing the wrong meeting date in the abutter notification. Cl moved to continue JR seconded and the commission voted unanimously to May 1st. Documents presented for consideration was a Request for a Determination from and a Sketch from the applicant dated April 2019 (RDA) 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 Carl Luck for the installation of an emergency generator and a trench to accommodate the conduit within the outer portion of the 100 foot buffer zone at 30 and 50 Sunset Lane. 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 April 17, 2019 The public is invited to attend. ===PAGE 2=== Mr. Luck was present to represent himself. He described the project , a whole house generator. This would require a trench. He described the work which between inspections and construction will result in a 3 day long project. He will use wattles between the trench and the lake. TD asked what the generator will sit on. Mr. Luck indicated it will sit on timbers and crushed stone. RB inquired the soils will be put back? The answer was yes and noted that the gas company will professionally install it. It was noted by question of the chair the existing condition was gravel. JR noted that there may be vibration of the unit. He was wondering if the vibration would work it into the soil. Mr. Luck noted that it was a standard construction. TD noted that the wattles should extend all the way to the length pf the project. Joanna Billotta 362 Sunset Lane inquired if pumps can be added to the generator and if anything can be added from the outside outlets. CL noted there was no plugs on this gen erator to allow for that and the item was sized for the house only. KJ moved for a negative determination CC Seconded and the commission voted unanimously. (RDA) 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 Melissa Ribaudo for the extension of a dock at 33 Birch Island Way.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 April 17, 2019 The public is invited to attend. Motion made by KJ to continue to later in the meeting CC seconded and the commission voted unanimously. A motion was made to continue to May 1, 2019 at 7 Pm at 960 Mass Ave by KJ with a second from CC and a unanimous vote to approve ENFORCEMENT 1. Violations (Enforcement Actions and Administrative Hearings). - 2. EO- 4 Townsend Harbor Road – Enforcement Conference case number ENF 2019-12 THIS CONTINUED FROM APRIL 3, 2019 3. EO- 63 Prospect St. – Enforcement Conference case number ENF 2019-11 THIS CONTINUED FROM APRIL 3, 2019 RB recapped the enforcement at this date. The two key issues noted were the unauthorized cutting of approximately 18 significant trees beyond the approved limit of work and the failure of a daylighted drainage structure. Mr. Rianeri noted that he had 2 additional trees he wanted to come down. The chair outlined the procedure and the need to submit a revised plan/request. MM noted that he can send a plan to the owner to use. Mr. Raneri noted that he can do the planning and pick up the original approved site plan. EO -134 Crawford Street- Greco Alonso, Fitchburg Redevelopment Authority and MBTA - ENF Case 2019-3 Initial administrative hearing on enforcement orders. THIS CONTINUED FROM APRIL 3, 2019 Updates on enforcement cases and status of timelines EO -101 Pleasant Street – update/fines ENF CASE 2019 -6 THIS CONTINUED FROM APRIL 3, 2019 EO - Powell Stone and Gravel- Leominster Shirley Road ENF CASE 2019-1 and 2019 -2 THIS CONTINUED FROM APRIL 3, 2019 NON -155 -Reservoir Road- update from all parties regarding remedial work THIS CONTINUED FROM APRIL 3, 2019 Cl noted that one lot needed verification of the polygon that has been placed on that plan and update of the calculations as required. Brian Marchetti outlined a plan for proposed restoration. The restoration specs were discussed and conditions proposed by the homeowners. Completion date of June 15 , 2019. Boulders to be placed every 20 feet along the back of each lot, Oaks along the property lines every 10 feet and removal of invasive vegetation in the restoration zone. Grasses should be riparian mix or conservation mix. No final agreements were made. EO- Emerald Place Beach- update to be made for Spring 2019 THIS CONTINUED FROM APRIL 3, 2019 EO -Shady Point-beach erosion ENF CASE 2019-7 – no update –ongoing THIS CONTINUED FROM APRIL 3, 2019 New Business - Land acquisition proposal , Saliba , Northfield Road ( # 994) – MM noted the comitee has been formed and will be soon commencing meetings New home owner notification policy discussion/feedback –MM noted he had reviewed Mr Lucks proposal and finds it complete and easy to implement without hurting other office duties . CC offered to help develop the process and information which was gratefully accepted., Old Business - LSIC- Draft Order of Conditions Discussion- The commission reviewed the final proposed changes. The LSIC President express concern about going from 2 pages to 7 pages. The Commission explained that this did not add ===PAGE 3=== significant new requirements but mostly clarified the Order and added dates. One change was suggested by TD, which was accepted. A motion to approve the amended Order was made by CL, seconded by KJ and unanimously approved. LSIC Permit Extension- when the Commission took up this topic the LSIC President withdrew the previous request for an extension permit from June 6 to September 30, 2019. The Chair made it clear that this could result in not being able to treat the Lake this summer as a new NOI would probably not be in place in time. Work at the Small Town Forest-updates ( if any) Forest Stewardship/Bird Habitat planning for 123 Hollis Road Conservation Area – Draft Stewardship Plan- Progess meeting with the Commission, Gary Gouldrup and the public at large Gary Gouldrup and Jeff Ritterson appeared before the commission. Mr Gouldrup recounted the principles and methods used in the planning of the bird habitat. Mr Ritterson explained the Mass Audubon program and the training for creating bird habitat through forestry. He noted after review of the plan he thought the plan as written by Mr. Gouldrup was well written. Per request of the chair, Mr. Ritterson went thorough his background and qualifications. Patch cuts were discussed by the power lines and how it was designed for specific species of that are in decline due to habitat loss and the principle of the cut was to attract them. He did not notice any of the species on site due to the time of the year but he did analyze the construct of the forest. He explained that building off the power line right of way would expand the type of habitat needed as the species are area sensitive and the power line is not large enough to help in the early successional habitat. Areas of the forest were discussed with respect to a monoculture versus a more complex bio diverse structure of the forest and the understory. MM inquired about the value of the understory. Mr. Ritterson outlined the value of maintaining dense understory for bird habitat. RB reviewed what snag trees were and what the value is. Mr. Ritterson reviewed the value of woody debris. KJ asked if there was any statistics on success rates. Mr. Ritterson related that the monitoring is still in progress, however he has noted that there has been an increase . Gary Gouldrup noted that in what he has learned about bird habitat, it confirms much of what he has practiced over a long period of time. JR evaluated the seasonal benefits and the benefits of best management practice of soils. Richard Tomkins 601 flatt hill road- are we losing species? Mr. Ritterson noted that with any management action there is going to be winners and losers. He did noted there are many bird species that are doing well and the goal is balance.RB inquired on other projects has there been losses of other species. Mr Ritterson noted that there has not been any species loss. Margaret Tomkins 6012 flatt hill. She inquired about owls and wood peckers like older trees. How would this be Addressed. Mr. Ritterson noted that the plan has larger trees targeted for just such and issue as Mrs. Tomkins outlined. Lyn Mann inquired is the pollinator garden going to be impacted. Mr. Ritterson noted there may be minimal impact due to some predation. He felt that it would not increase any activity that may be currently occurring in the area. He felt it would not be threatened. RB noted and Mr. Ritterson agreed there would be some symbiotic relationship. JR inquired if expanding the garden may help? It was noted by KJ that there is already natural pollinators on site that is accomplishing the same goals. CL noted the commission is trying to maintain a wildlife habitat, however there is no data on what is pre-existing. Mr. Ritterson agrees it is important. In this property in particular examine surrounding areas and outline data base repositories of the area would be a great way to start. Jone Jones of Valley Road noted he goes on the property and has photographic catalogue that should have plenty of beneficial and complete data. The Stewardship plan was approved by a motion of CL and a second by KJ with a unanimous vote to approve. It was outlined to the public by the commission that the plan is a 10 year plan and at this point no plans for implementation have been made 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 ) ===PAGE 4===  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 May 1, 2019 at the Ritter memorial Land Use building at 960 Mass Ave at 7 PM DOCUMENTS NOTED IN THE MINUTES ARE AVAILIBLE AT THE COMMISSION OFFICE FOR REVIEW. ======================================================================================== DOCUMENT : 2019-05-01-agenda-6217.txt BOARD : conservation-commission DATE : 2019-05-01 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2019-05-01-agenda-6217.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_05012019-6217 ======================================================================================== ===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 Building May 1 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 : (DEP 208-1158) 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 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 May 1, 2019 The public is invited to attend. (RDA) 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 Request for a Determination by Melissa Ribaudo for the extension of a dock at 33 Birch Island Way.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 May 1, 2019 The public is invited to attend. . RDA) Pursuant to MGL ch 131, s 40 James and Jackie Favreau has filed a request for a determination of applicability for the placement of a rolling dock at 205 Sunset Lane within the buffer zone of Lake Shirley. Application and supporting documents a re 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 Building at 960 Mass Ave at 7 PM on May 1,2019. The public is invited to attend- After the legal was published, the applicant requested a continuance to the May 15, 2019 meeting ===PAGE 2=== ENFORCEMENT 1. Violations (Enforcement Actions and Administrative Hearings). - 2. EO- 4 Townsend Harbor Road – Enforcement Conference case number ENF 2019-12 THIS CONTINUED FROM APRIL 17, 2019 3. EO- 63 Prospect St. – Enforcement Conference case number ENF 2019-11 THIS CONTINUED FROM APRIL 17, 2019 EO -134 Crawford Street- Greco Alonso, Fitchburg Redevelopment Authority and MBTA - ENF Case 2019-3 Initial administrative hearing on enforcement orders. THIS CONTINUED FROM APRIL 17, 2019 Updates on enforcement cases and status of timelines EO -101 Pleasant Street – update/fines ENF CASE 2019 -6 THIS CONTINUED FROM APRIL 17, 2019 EO - Powell Stone and Gravel- Leominster Shirley Road ENF CASE 2019-1 and 2019 -2 THIS CONTINUED FROM APRIL 17, 2019 NON -155 -Reservoir Road- update from all parties regarding remedial work THIS CONTINUED FROM APRIL 17, 2019 EO- Emerald Place Beach- update to be made for Spring 2019 THIS CONTINUED FROM APRIL 17, 2019 EO -Shady Point-beach erosion ENF CASE 2019-7 – no update –ongoing THIS CONTINUED FROM APRIL 17,, 2019 New Business - New home owner notification policy discussion/feedback Old Business - Land acquisition proposal , Saliba , Northfield Road ( # 994) 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 – Minutes of previous meetings - review and approval of March 20, April 3, April 13, April 17 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 May 15, 2019 at the Bilotta meeting room 2nd floor 17 Main Street at 7 PM ======================================================================================== DOCUMENT : 2019-05-01-minutes-6217.txt BOARD : conservation-commission DATE : 2019-05-01 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2019-05-01-minutes-6217.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_05012019-6217 ======================================================================================== ===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 Building May 1 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. Call to Order Called to order at 7 PM RB presiding- all in attendance except KJ CC and BP Announcements JR noted stormwater committee deadline for MS4 NOI to EPA. Brochures for public education and outreach were presented. Industry has direct mailers with questionnaire. MM noted by-laws will need to be examined. Ashland is gearing for a storm water utility. Public Comment Appointments/Hearings –commences at 7 PM 7 PM : (DEP 208-1158) 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 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 May 1, 2019 The public is invited to attend. Jack Maloney oriented the commission to the history of the project and existing conditions. JR Brush along the water line. JR examined the original tree removal . TD noted much of the growth is invasive. Trees to be removed need to be shown on the plan. TD asked also is shed to remain? Jack Maloney answered yes. TD noted it needs to be added to the plan. CL examined the steps coming off the patio. He inquired if heavy equipment needs to go into the 50 and 30 foot. It was noted by Mr. Obrien that he wishes to remove the stumps. CL wanted the area of tree work shown on them. KJ noted that there was no construction activities in the 30 foot zone. Detail on grading needs to be shown on the plans. MM noted that the HHL needs to be notified ===PAGE 2=== as well. TD requested documentation of trees 4 inches in diameter or pictures. Mr Obrien may have to pick up shed in elevation about 3 to 4 feet due to foundation modification. RB and TD mentioned it can be noted on the plans. Continued to May 15th by by a motion of JR.TD seconded. The commission voted unanimously to approve. (RDA) 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 Request for a Determination by Melissa Ribaudo for the extension of a dock at 33 Birch Island Way.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 May 1, 2019 The public is invited to att end.. Melissa appeared before the commission and explained the plans to the commission and to orient to the commission as to where the project was located and as to why it needed to be located in that spot which was due to the depth of water and location with respect to a boat turning radius. There are two 4 by 10 sections that are in the cove and 2 extensions can be added. KJ inquired as to the holding of the dock on the shore and it was determined that it is currently pinned in by the shore. The shoreline makeup was examined by RB. RB spoke to ensuring the original area where the dock is should be stabilized with vegetation. The owner noted she has spoke to HHL and has been considering silt sacks. TD moved to issue a negative 3 determination. JR seconded and the commission voted unanimous approval of the motion. RDA) Pursuant to MGL ch 131, s 40 James and Jackie Favreau has filed a request for a determination of applicability for the placement of a rolling dock at 205 Sunset Lane within the buffer zone o f 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 Building at 960 Mass Ave at 7 PM on May 1,2019. The public is invited to attend- After the legal was published, the applicant requested a continuance to the May 15, 2019 meeting TD moved to continue to May 15, 2017, 7PM Town Hall location. KJ seconded and the commission voted unanimously ENFORCEMENT 1. Violations (Enforcement Actions and Administrative Hearings). - 2. EO- 4 Townsend Harbor Road – Enforcement Conference case number ENF 2019-12 THIS CONTINUED FROM APRIL 17, 2019 – MM sent a warning letter to the owner giving a firm deadline of two weeks ot hear form his engineer or fining may commence. EO- 63 Prospect St. – Enforcement Conference case number ENF 2019-11 THIS CONTINUED FROM APRIL 17, 2019 Joshua Hall landscaper oriented the commission as to the area of replanting the area. The pines were outside the 50 foot no touch zone. There is a greenhouse proposed on top of the existing deck within the same foot print. TD had a concern about the density of the established root systems. The commission will allow the 4 pines to come out now. Jr motion for the 4 trees to be removed with TD giving a second KJ clarified the stumps would remain. The motion was then approved unanimously. ===PAGE 3=== EO -134 Crawford Street- Greco Alonso, Fitchburg Redevelopment Authority and MBTA - ENF Case 2019-3 Initial administrative hearing on enforcement orders. THIS CONTINUED FROM APRIL 17, 2019 Updates on enforcement cases and status of timelines EO -101 Pleasant Street – update/fines ENF CASE 2019 -6 THIS CONTINUED FROM APRIL 17, 2019 EO - Powell Stone and Gravel- Leominster Shirley Road ENF CASE 2019-1 and 2019 -2 THIS CONTINUED FROM APRIL 17, 2019 NON -155 -Reservoir Road- update from all parties regarding remedial work THIS CONTINUED FROM APRIL 17, 2019 EO- Emerald Place Beach- update to be made for Spring 2019 THIS CONTINUED FROM APRIL 17, 2019 EO -Shady Point-beach erosion ENF CASE 2019-7 – no update –ongoing THIS CONTINUED FROM APRIL 17,, 2019 New Business - New home owner notification policy discussion/feedback Old Business - Land acquisition proposal , Saliba , Northfield Road ( # 994) KJ has completed a site visit and met with the owner. A part of the grant application is an appraisal. KJ made a motion up 10,000 dollars for an appraisal. RB amended the motion for use of smaller trust funds. CL seconded and the commission unanimously approved the motion. Work at the Small Town Forest-updates ( if any) Forest Stewardship/Bird Habitat planning for 123 Hollis Road Conservation Area – Updates (if any) MM noted the forms and plans were turned in for Hollis Stewardship. RB noted that the Water division is willing to work for allowing access to the power line portion of the property for habitat management. Discussion and updates of rules and regulations (if any) Meeting will, be May 29th, 2017 in the Ritter Building at 7 PM Certificates of Compliance – None to present Extension Permit – Minutes of previous meetings - review and approval of March 20, April 3, April 13, April 17 The minutes were approved as amended. 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 May 15, 2019 at the Bilotta meeting room 2nd floor 17 Main Street at 7 PM DOCUMENTS REFERENCED IN THE REPORT ARE IN THE COMMISSION OFFICE ON FILE Meeting adjourned at 9:30 PM by a motion of KJ and a second by TD ======================================================================================== DOCUMENT : 2019-05-15-agenda-6218.txt BOARD : conservation-commission DATE : 2019-05-15 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2019-05-15-agenda-6218.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_05152019-6218 ======================================================================================== ===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 Bilotta Meeting Room 2nd Floor 17 Main Street May 15 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. 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 : (DEP 208-1158) 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 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 Bilotta meeting Room 2nd floor17 Main Street at 7 PM. The public is invited to attend (RDA) Pursuant to MGL ch 131, s 40 James and Jackie Favreau has filed a request for a determination of applicability for the placement of a rolling dock at 205 Sunset Lane within the buffer zone of Lake Shirley. Application and supporting documents a re 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 floor17 Main Street at 7 PM. The public is invited to attend APPLICANT REQUESTS A CONTINUANCE TO JUNE 19, 2019 (RDA) Pursuant to MGL ch 131, s 40 Jon Hogue has filed a Request for a Determination for the demolition and rebuilding of a deck to single family home within the buffer zone at 15 Cliffview Terrace. 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 May 15 2019 at 7 PM. The Public is invited to attend ===PAGE 2=== (RDA) Pursuant to MGL ch 131, s 40 Dwight and Judith Davis has filed a request for a determination of applicability for the rebuilding of an in yard retaining wall within the buffer zone at 251 Prospect 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 Bilotta meeting room 2 nd floor 17 Main Street May 15 2019 at 7 PM. The Public is invited to attend (RDA) Pursuant to MGL ch 131, s 40 Kenneth Kohlstrom has filed a Request for a Determination for the addition of a deck to single family home within the buffer zone at 16 Ruth St. 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 May 15 2019 at 7 PM. The Public is invited to attend (DEP 208-XXXX) Pursuant to MGL ch 131, s 40 James H White has filed a Notice of Intent for cutting and stumping of trees within the buffer zone for an agricultural conversion to a farm field at 389 Page Street. Application and supporting document s 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 May 15 2019 at 7 PM. The Public is invited to attend (DEP 208-XXXX) Pursuant to MGL ch 131, s 40 John Harrison has filed a Notice of Intent for the reconstruction of a single family home within the buffer zone at 14 Sunset 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 Bilotta meeting room 2 nd floor 17 Main Street May 15 2019 at 7 PM. 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 THIS CONTINUED FROM May 1, 2019 3. EO- 63 Prospect St. – Enforcement Conference case number ENF 2019-11 THIS CONTINUED FROM May 1, 2019 EO -134 Crawford Street- Greco Alonso, Fitchburg Redevelopment Authority and MBTA- ENF Case 2019-3 4. Initial administrative hearing on enforcement orders. THIS CONTINUED FROM May 1, 2019 Updates on enforcement cases and status of timelines 5. EO -101 Pleasant Street – update/fines ENF CASE 2019 -6 THIS CONTINUED FROM May 1, 2019 6. EO - Powell Stone and Gravel- Leominster Shirley Road ENF CASE 2019-1 and 2019 -2 THIS CONTINUED FROM May 1, 2019 7. NON -155 -Reservoir Road- update from all parties regarding remedial work THIS CONTINUED FROM May 1, 2019 8. EO- Emerald Place Beach- update to be made for Spring 2019 THIS CONTINUED FROM May 1, 2019 9. EO -Shady Point-beach erosion ENF CASE 2019-7 – no update –ongoing THIS CONTINUED FROM May 1, 2019 New Business - New home owner notification policy discussion/feedback Old Business - Land acquisition proposal , Saliba , Northfield Road ( # 994) 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 – 208-0267- 336 Good Rich Street Extension Permit – LSIC- Lake Management OOC Minutes of previous meetings - review and approval of May 1 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 June 5 at the Ritter Land Use building 960 Mass Ave ======================================================================================== DOCUMENT : 2019-05-15-minutes-6218.txt BOARD : conservation-commission DATE : 2019-05-15 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2019-05-15-minutes-6218.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_05152019-6218 ======================================================================================== ===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 Bilotta Meeting Room 2nd Floor 17 Main Street May 15 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. 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. Call to Order- Meeting called to Order by Mr. Dwyer presiding. All were present except RB, BP Announcements Public Comment MM spoke about a class on invasive he attended. He also noted the Johnny Appleseed 5th grade did the annual hatchling release in Lake Whalom at the town beach for the 4 th consecutive year. And this year the hatchlings were about 160, the most ever! Appointments/Hearings –commences at 7 PM 7 PM : (DEP 208-1158) 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 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 Bilotta meeting Room 2nd floor17 Main Street at 7 PM. The public is invited to attend Jack Maloney reviewed revisions with the commission the changes the commission requested at the last meeting. Revised location of new dock and requested one pine to be removed. TD requested to leave roots in place on lakeside.CL reviewed the pre and post development grading. KJ moved for Standard OOC with the addition of a maple tree. Removal of one pine for the dock and no removal of roots .JR second and the commission voted unanimously to approve. ===PAGE 2=== (RDA) Pursuant to MGL ch 131, s 40 James and Jackie Favreau has filed a request for a determination of applicability for the placement of a 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 floor17 Main Street at 7 PM. The public is invited to attend APPLICANT REQUESTS A CONTINUANCE TO JUNE 19, 2019 The Commission voted to continue to 6/19 at the Bilotta meeting room. With a motion of TD and a second by CL with a unanimous vote. (RDA) Pursuant to MGL ch 131, s 40 Jon Hogue has filed a Request for a Determination for the demolition and rebuilding of a deck to single family home within the buffer zone at 15 Cliffview Terrace. 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 May 15 2019 at 7 PM. The Public is invited to attend TDasked if the applicant was not proposing new footings? He replied that there would be no new posts. TD shed for fire wood directly on pavement? The response was- Yes. JR. Noted safety issue on small lower deck. Did applicant want to add to it? The applicant noted the eventual plan is to hope to do it in 3 years. TD proposed re-decking and new posts on the deck if any new posts were need then he would need to come back. JR motioned for a negative 3determination. KJ second and the vote to approve was unanimous. (RDA) Pursuant to MGL ch 131, s 40 Dwight and Judith Davis has filed a request for a determination of applicability for the rebuilding of an in yard retaining wall within the buffer zone at 251 Prospect 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 Bilotta meeting room 2 nd floor 17 Main Street May 15 2019 at 7 PM. The Public is invited to attend Mr. Davis represented himself. He showed photos to the commission of the small retaining area that was in the buffer zone.TD noted that one section of wattle should be placed on the lawn between the work and lake. TD moved for a negative. JR seconded ant the commission approved unanimously. (RDA) Pursuant to MGL ch 131, s 40 Kenneth Kohlstrom has filed a Request for a Determination for the addition of a deck to single family home within the buffer zone at 16 Ruth St. 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 May 15 2019 at 7 PM. The Public is invited to attend Ken Kohlstorm represented himself and noted that one of the posts was 2 feet in the no touch zone as verified in the filed inspection. KJ preferred the deck behind the wall out of the 30 foot no touch zone. JR wanted trees replaced about 6 in total. TD recommended cutting stumps down to ground level. Applicant took plan and revised - labeled number 2 revised at meeting and signed. KJ moved to issue a negative determination, CC seconded and the commission voted unanimously. ===PAGE 3=== (DEP 208-XXXX) Pursuant to MGL ch 131, s 40 James H White has filed a Notice of Intent for cutting and stumping of trees within the buffer zone for an agricultural conversion to a farm field at 389 Page Street. Application and supporting document s 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 May 15 2019 at 7 PM. The Public is invited to attend 389 Page- Tom Christopher representing the applicant noted he was a beginning farmer and NRCS completed a farm home plan and NRCS did not know the requirement of filing for wetland/buffer zone for conversion. Tom noted the land was not classified as highly erodible. He noted NRCS erroneously did not include any mention of wetlands in the paperwork issued. TC noted no wetland filling and within buffer zone and in this case some of it was very close. There are stumps and wood chips all along the wetland and as a consequence wound up doing a makeshift erosion control. TC did tape measurements of the buffer zone and noted levels of encroachment. DEP Gary Dulmaine called and inquired as to why it got that far from the NRCS process. DEP wants to see one growing season and monitoring to prevent encroachment into the wetland. JR did they start clearing before the filing? Paper work was 3/6/2019. KJ asked about total acreage 1.9 total the wetland off the property bounds? TC feels it is right up to property bounds. Mark Raboin 395 Page St- having lived next door his fear is how they would water it. Tom Christopher noted that there was a well quote and it encouraged to use micro drip. KJ asked about the intention with the stumps? TC wants the applicant keep the stumps there for erosion control and “critter habitat”. William Hicks 381 Page Street- Trees cut down is the cart before the horse. Crack in the pavement stream runs around the house. Will it affect his well? Keith Giannini 383 Page his well has gone dry in July. CL moved to continue to June 5 at the Ritter building at 7 PM. CC Seconded and the commission unanimously approved the motion. (DEP 208-XXXX) Pursuant to MGL ch 131, s 40 John Harrison has filed a Notice of Intent for the reconstruction of a single family home within the buffer zone at 14 Sunset Ave. Application and supporting document s 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 May 15 2019 at 7 PM. The Public is invited to attend John Harrison noted the work would not expand the nonconformity 30 and 50 foot not landscaped and asked about plantings. After examining the Plans the commission requested that the retaining wall be added to the plan the amount of alteration in the restrictive 30 and 50 foot zones be quantified and a small rain garden area be added at the outflows. Cl moved to continue to June 5 at the Ritter Building at 7 PM. JR seconded and the commission voted unanimously. ===PAGE 4=== ENFORCEMENT 1. Violations (Enforcement Actions and Administrative Hearings). - 2. EO- 4 Townsend Harbor Road – Enforcement Conference case number ENF 2019-12 THIS CONTINUED FROM May 1, 2019 EO- 63 Prospect St. – Enforcement Conference case number ENF 2019-11 THIS CONTINUED FROM May 1, 2019 Amend the previous order for 19 trees 8 in the front by the wattles. Add the patio outside the 50 foot and have Ken Mattson construct the rain garden as discussed at the rip rapped outlet. JR moved to approve the changes. CC seconded and the commission voted unanimously EO -134 Crawford Street- Greco Alonso, Fitchburg Redevelopment Authority and MBTA- ENF Case 2019-3 3. Initial administrative hearing on enforcement orders. THIS CONTINUED FROM May 1, 2019 Updates on enforcement cases and status of timelines 4. EO -101 Pleasant Street – update/fines ENF CASE 2019 -6 THIS CONTINUED FROM May 1, 2019 The fines have stopped as the file is compliant with the bond. 5. EO - Powell Stone and Gravel- Leominster Shirley Road ENF CASE 2019-1 and 2019 -2 THIS CONTINUED FROM May 1, 2019 6. NON -155 -Reservoir Road- update from all parties regarding remedial work THIS CONTINUED FROM May 1, 2019 7. EO- Emerald Place Beach- update to be made for Spring 2019 THIS CONTINUED FROM May 1, 2019 8. EO -Shady Point-beach erosion ENF CASE 2019-7 – no update –ongoing THIS CONTINUED FROM May 1, 2019 New Business - New home owner notification policy discussion/feedback- The commission reviewed and approved the pamphlet Old Business - Land acquisition proposal , Saliba , Northfield Road ( # 994) no new tems Work at the Small Town Forest-updates ( if any) no new items Forest Stewardship/Bird Habitat planning for 123 Hollis Road Conservation Area – Updates (if any) no new items Discussion and updates of rules and regulations (if any) Certificates of Compliance – 208-0267- 336 Good Rich Street Approved by a motion a CL and a second by CC. Extension Permit – LSIC- Lake Management OOC – to be taken May 29, 2019 at the Ritter Building at 7 PM Minutes of previous meetings - review and approval of May 1 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 June 5 at the Ritter Land Use building 960 Mass Ave Meeting adjourned at 8:40 PM by a motion of JR and a second by CC with a unanimous vote DOCUMENTS REFERENCED ARE AVAILIBLE AT THE COMMISSION OFFICE. ======================================================================================== DOCUMENT : 2019-05-29-agenda-6232.txt BOARD : conservation-commission DATE : 2019-05-29 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2019-05-29-agenda-6232.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_05292019-6232 ======================================================================================== ===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 May 29 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 (REVISED) Call to Order Announcements Public Comment Appointments/Hearings –commences at 7 PM 1. Call to Order 2. LSIC – extension of Order of Conditions 3. Regulation review 4. Adjourn The next meeting of the Conservation Commission will be held on June 5, 2019 in the Ritter memorial Building sat 960 Mass Ave at 7 :00 PM ======================================================================================== DOCUMENT : 2019-05-29-minutes-6232.txt BOARD : conservation-commission DATE : 2019-05-29 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2019-05-29-minutes-6232.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_05292019-6232 ======================================================================================== ===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 May 29 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. In attendance: RB,TD,BP,CC,CL,JR Absent: KJ MINUTES- Note all votes were roll call as JR was remotely participating Call to Order Announcements Public Comment Appointments/Hearings –commences at 7 PM 1. Call to Order 2. LSIC – extension of Order of Conditions- The Commission voted to grant the extension until 9/30/19 with the commission issuing the revised local boiler plate by a motion of TD and a second by JR with a unanimous roll call vote. Attorney Bodkin representing the LSIC requested the commission rescind the revisions of the order of Conditions citing the process of amendments. RB noted this was not a state process but rather a modification that is allowed under the current local order. Joel Swenson, who interrupted attorney Bodkins time on the floor on multiple occasions, was infor med he would be heard once the floor was yielded. Once he had the floor he asked what environmental reason was there for revising the order. RB indicated he would not revisit the issue as it has already been discussed. The Chair did offer to address any specific changes items of concern but none where identified by Mr. Swenson. After some members of the audience became disorderly and the Chair requested Order, the chair had to call the police department to clear the room as the disorderly persons in attendance refused to leave the meeting room. The matter was closed once the room was cleared. 3. Regulation review- BP related to the commission the results of his and CC’s review of the tracked changes. He recommended adding in and revisiting the administrator’s determination process. The Commission indicated a willingness to review revisions to the regulations to include this process. The Commission will advertise and present at 2 televised meetings. This process was accepted by a motion of TD and a second by BP a nd a unanimous vote of the commission by roll call. 4. Adjourn- the meeting adjourned at 9:15 PM ======================================================================================== DOCUMENT : 2019-06-04-agenda-6237.txt BOARD : conservation-commission DATE : 2019-06-04 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2019-06-04-agenda-6237.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_06042019-6237 ======================================================================================== ===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 Joint session with Board of Selectmen 17 Mass Ave- Bilotta Meeting Room June 4 2019 at 7:30 PM ( revised) AGENDA Call to Order  Executive session under MGL ch 39 Section 23B to discuss pending litigation : where as an open meeting may have a detrimental effect on the government’s litigating position. The Commission will come to open session after the executive session The Commission will not come back into public session. ADJOURN ======================================================================================== DOCUMENT : 2019-06-05-agenda-6219.txt BOARD : conservation-commission DATE : 2019-06-05 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2019-06-05-agenda-6219.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_06052019-6219 ======================================================================================== ===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 Building June 5 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 : Pursuant to MGL ch 131, s 40 Kathryn Adams has filed a request for a determination of applicability for removal of several trees within the buffer zone of Hickory Hills Lake at 39 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 Building at 960 Mass Ave at 7 PM on June 5, 2019. The public is invited to attend. Pursuant to MGL ch 131, s 40 Patrick Kincaid has filed a request for a determination of applicability for the demolition of a shed and a rebuild of a new shed within the buffer zone of Lake Shirley at 61 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 Building at 960 Mass Ave at 7 PM on June 5, 2019. The public is invited to attend. Pursuant to MGL ch 131, s 40 Susan Boggs Lightfoot has filed a request for a determination of applicability for the replacement/upgrade of a septic system within the buffer zone at 244 Pleasant 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 Building at 960 Mass Ave at 7 PM on June 5, 2019. The public is invited to attend. ===PAGE 2=== Pursuant to MGL ch 131, s 40 Kenneth Trainque has filed a request for a determination of applicability for the modification to an existing driveway at 320 Burrage Street within the 100 foot 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 Building at 960 Mass Ave at 7 PM on June 5, 2019. The public is invited to attend. (DEP 208-1159) Pursuant to MGL ch 131, s 40 James H White has filed a Notice of Intent for cutting and stumping of trees within the buffer zone for an agricultural conversion to a farm field at 389 Page Street. Application and supporting document s 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 Building at 960 Mass Ave at 7 PM on June 5, 2019. The public is invited to attend. (DEP 208-XXXX) Pursuant to MGL ch 131, s 40 John Harrison has filed a Notice of Intent for the reconstruction of a single family home within the buffer zone at 14 Sunset 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 Building at 960 Mass Ave at 7 PM on June 5, 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 THIS CONTINUED FROM May 15, 2019 3. EO- 63 Prospect St. – Enforcement Conference case number ENF 2019-11 THIS CONTINUED FROM May 15, 2019 EO -134 Crawford Street- Greco Alonso, Fitchburg Redevelopment Authority and MBTA - ENF Case 2019-3 Initial administrative hearing on enforcement orders. THIS CONTINUED FROM May 15, 2019 Updates on enforcement cases and status of timelines EO -101 Pleasant Street – update/fines ENF CASE 2019 -6 THIS CONTINUED FROM May 15 2019 EO - Powell Stone and Gravel- Leominster Shirley Road ENF CASE 2019-1 and 2019 -2 THIS CONTINUED FROM May 15 2019 NON -155 -Reservoir Road- update from all parties regarding remedial work THIS CONTINUED FROM May 15, 2019 EO- Emerald Place Beach- update to be made for Spring 2019 THIS CONTINUED FROM May 15, 2019 EO -Shady Point-beach erosion ENF CASE 2019-7 – no update –ongoing THIS CONTINUED FROM May 15, 2019 New Business - New home owner notification policy discussion/feedback Old Business - Land acquisition proposal , Saliba , Northfield Road ( # 994) 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 May 1, 15 ,29 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 June 19, 2019 at the Bilotta meeting room 2nd floor 17 Main Street at 7 PM ======================================================================================== DOCUMENT : 2019-06-05-minutes-6219.txt BOARD : conservation-commission DATE : 2019-06-05 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2019-06-05-minutes-6219.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_06052019-6219 ======================================================================================== ===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 Building June 5 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. Call to Order RB presiding at 7 PM all member present except CC. JR participating remotely ( ALL VOTES ON THIS DOCUMENT ARE BY ROLL CALL AS A RESULT) Announcements KJ noted complaints about atv’s and dirt bikes on Robbs Hill and the lane property. Additional signage will be looked into. Public Comment- Cl clarified the new OOC is not 8 pages the new one is 3 pages. Jack reviewed the wetland informational Brochures. He expressed concern about the anger displays at the last meeting resulting in the room needing to be cleared. Joanna Simeone noted that last meeting everyone came because of Mr. Lucks email May 4 .She recited the quote from CL concerning coming to the meeting. The April 17 meeting that rescinded the original request the comment was made that there was a comment from JR that the BOS will need to possibly appoint a new LSIC she noted from 2006 until last year the LSIC spent 500K . JR responded that he responded to a comment that was made that Joanna threw up her hands and said “ I’m out of here” and the town may have to get a new agent. He stated he was caught by surprise by the comment and became confused. He attempted to clarify the he feels the 2 bodies should be able to come together. JoAnna noted that she does work for the lake not by choice , but by the absolute necessity. She noted a comment was made “ shame on you for bringing this mob” and did note that she feels the process wasn’t followed correctly. A new resident at 380 sunset lane is new to Lunenburg and trying to figure out what was going on and just wanted to know what was going on as a homeowner What was to be gained from not extending the order of conditions from 2015. RB stated none of the members made a motion to deny an extension and the summer activities will be the same. JR noted that we had sat with the LSIC and noted that there was initially more changes proposed however the changes were scaled back, he stated that he was sensitive to funding. TD noted that he was with a sixth month extension it wouldn’t affect this years activities and that there was new NOI coming . Joanna inquired about the 14 day advanced notice. That was to ensure ===PAGE 2=== that if pre- treatment was going to be necessary, it could be a 2 week notice to get on the agenda and have time to review the report. JR had noted there would be no chance to challenge the data. Marylin Jewel 20 Sunset Lane-statedsome of the points that didnt need to be done and noted that she felt it was wrong. RB noted that it was not based on anything Mr. Luck and Mr. Rabbit decided, it was noted by the LSIC consultant had actually submitted the data on. He quoted directly from Solitudes testing. CL noted that on the issue of the treatment that there were points he suggested be examined. There were no changes to the treatment plan even after there was a discussion with Dominic Meringolo. He quoted a section of a report from the administrators office. He outlined the reasons for his removal initially from the LSIC. William Hicks – requested if we could move on as this has turned from the comment period to an issue that needs to be an agenda item for the future. RB noted that he was allowing it due to the complexties of the issue. Ashley Brawn- she feels the problem with the OOC is the process that was taken. She felt the commission took the right of appeal away. She disagrees with the third party review. Joanna Simeone wanted to know what the violations were. Appointments/Hearings –commences at 7 PM 7 PM : Pursuant to MGL ch 131, s 40 Kathryn Adams has filed a request for a determination of applicability for removal of several trees within the buffer zone of Hickory Hills Lake at 39 Peninsula Drive. Application and supporting documents are available for re view 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 Building at 960 Mass Ave at 7 PM on June 5, 2019. The public is invited to attend. Ms. Adams oriented the commission as to the work that needed to be performed and why Canopy examination by the commission revealed no anticipated impacts to the lake. The Commiss ion took roll call and issued negative determination based on a motion from BP and a second from TD. Pursuant to MGL ch 131, s 40 Patrick Kincaid has filed a request for a determination of applicability for the demolition of a shed and a rebuild of a new shed within the buffer zone of Lake Shirley at 61 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 Building at 960 Mass Ave at 7 PM on June 5, 2019. The public is invited to attend. This was continued to the June 19 meeting at the request of the applicant by a motion of KJ and a second from TD. Pursuant to MGL ch 131, s 40 Susan Boggs Lightfoot has filed a request for a determination of applicability for the replacement/upgrade of a septic system within the buffer zone at 244 Pleasant 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 Building at 960 Mass Ave at 7 PM on June 5, 2019. The public is invited to attend. This was continued to the June 19 meeting at the request of the applicant by a motion of KJ and a second from TD. Pursuant to MGL ch 131, s 40 Kenneth Trainque has filed a request for a determination of applicability for the modification t o an existing driveway at 320 Burrage Street within the 100 foot 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 ===PAGE 3=== on request by emailing lcc@lunenburgonline, the meeting will take place at the Ritter memorial Building at 960 Mass Ave at 7 PM on June 5, 2019. The public is invited to attend. Mr Trainque represented himself. It was noted that there was a wetland sectionand an addition that needs to be added to the plans. Maraynn Dipinto was reporting to the site to delineate the relevant wetland area. This was continued to the June 19 meeting at the request of the applicant by a motion of TD and a second from CL. (DEP 208-1159) Pursuant to MGL ch 131, s 40 James H White has filed a Notice of Intent for cutting and stumping of trees within the buffer zone for an agricultural conversion to a farm field at 389 Page Street. Application and supporting document s 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 Building at 960 Mass Ave at 7 PM on June 5, 2019. The public is invited to attend. Tom Chirstopher representing the applicant recapped the previous meeting: He noted the well was installed addressing the commissions concern about a water source. Fertilization and soil amendments were addressed. He noted the soils report shows a number of soil amendments with commercial fertilizer. There is no plan for compost. He presented pics that show a fence to keep deer out.USDA material was presented. KJ asked if a 2 acre farm fails what happens with the property. Tom noted based on the observation every square inch of field is used to generate revenue using micro greens. They anticipate having a fair amount of product. RB noted they are still paying full residential taxes. Bill Hicks what would have happened if this was brought to the commission prior to instead of after the fact. Would the commission have said yes? RB noted he felt the project meets wetland protection standards. Motion of approval by TD with a second by Cl with a unanimous approval. Roll vote with call BP abstaining and JR abstaining with a final vote count of 4 yes and 2 abstention. BP mentioned he abstained for not catching up from the first hearing. (DEP 208-XXXX) Pursuant to MGL ch 131, s 40 John Harrison has filed a Notice of Intent for the reconstruction of a single family home within the buffer zone at 14 Sunset 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 Building at 960 Mass Ave at 7 PM on June 5, 2019. The public is invited to attend. John Harrison represented himself – CL examined the foot print wanted to know why the 2.5 foot shift ? John noted it would interfere with parking on a very tight site and would interfer e with the sweep. Level of non conformance cant grow under by law according to CL. TD noted what are we really concerned about adding impervious and the plan shows there is an decrease of 100 square feet and the lot exiting is approvable and this is why we should approve and why we go on a case by case basis. JR appreciates the concern that Cl expressed he also understands TD’s view about additional parking and noted currently it’s a massive eye sore and we should jump to the opportunity and he was leanin g to allowing this change to occur. RB proposed to do language in the deed restricting further impervious surface. TD noted that there were infiltrator basins taking runoff away from the lake. Motion by TD to approve with special conditions: Wattles and silt fence limit of work. Expanded wattles Deed restriction against any additional impervious Construction schedule and add tree. The Conservation Administrator will sign off on diagram during construction. BP seconded and the commission voted unanimously. ===PAGE 4=== CL stated he is still concerned about non conformance but he will vote for it. Because we are gaining green space. RB still concerned about storm water system if it does in fact work. The final roll call vote was for all in favor. ENFORCEMENT 1. Violations (Enforcement Actions and Administrative Hearings). - 2. EO- 4 Townsend Harbor Road – Enforcement Conference case number ENF 2019-12 THIS CONTINUED FROM May 15, 2019- the NOI is in for the next meeting. 3. EO- 63 Prospect St. – Enforcement Conference case number ENF 2019-11 THIS CONTINUED FROM May 15, 2019 – trees planted and it is looking wonderful. Ken Mattson is repairing the bioswale. EO -134 Crawford Street- Greco Alonso, Fitchburg Redevelopment Authority and MBTA - ENF Case 2019-3 Initial administrative hearing on enforcement orders. THIS CONTINUED FROM May 15, 2019 Updates on enforcement cases and status of timelines – MM noted that hannigan eng told him the will meet the time lines EO -101 Pleasant Street – update/fines ENF CASE 2019 -6 THIS CONTINUED FROM May 15 2019 – fines have stopped due to bond compliance- no further action from landowner. EO - Powell Stone and Gravel- Leominster Shirley Road ENF CASE 2019-1 and 2019 -2 THIS CONTINUED FROM May 15 2019 – no action NON -155 -Reservoir Road- update from all parties regarding remedial work THIS CONTINUED FROM May 15, 2019- Mike Hughes and Brian Marchetti a[[eared before the commission to review the demarcation. After some discussion it was decided the commission would entertain different means of demarcation. No vote was taken at this time. EO- Emerald Place Beach- update to be made for Spring 2019 THIS CONTINUED FROM May 15, 2019 EO -Shady Point-beach erosion ENF CASE 2019-7 – no update –ongoing THIS CONTINUED FROM May 15, 2019 New Business - New home owner notification policy discussion/feedback – The commission reviewed the handout. Old Business - Land acquisition proposal , Saliba , Northfield Road ( # 994) – it was noted negotiations were ongoing Discussion and updates of rules and regulations (if any)- BP reviewed Tyngsboroughs determination procedure form. It will be revised and meetings for hearing on the regs are on schedule for 7/17 and 8/21 Certificates of Compliance – None to present Extension Permit – none Minutes of previous meetings - review and approval of May 1, 15 ,29 Committee Reports – Any Updates Agents Report /Action Items :  Legal Updates and Requests / regulation review –( if any )  ADA grant update ( if any) – MM noted it will be completed for deadline  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 June 19, 2019 at the Bilotta meeting room 2nd floor 17 Main Street at 7 PM The meeting adjourned at 10:23 PM with TD motioning and KJ seconding ======================================================================================== DOCUMENT : 2019-06-19-agenda-6220.txt BOARD : conservation-commission DATE : 2019-06-19 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2019-06-19-agenda-6220.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_06192019-6220 ======================================================================================== ===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 17 Main Street, Second Floor, Bilotta Meeting Room June 19 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. 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 : Pursuant to MGL ch 131, s 40 Alan Dantonio has filed a Notice of Intent for the dem olition of sheds and a barn with a new bar constructed with land grading within the buffer zone at 4 Townsend Harbor 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 Bilotta meeting Room 2 nd Floor 17 Main Street at 7 PM on June 19, 2019. The public is invited to attend. Pursuant to MGL ch 131, s 40 Patrick Kincaid has filed a request for a determination of applicability for the demolition of a shed and a rebuild of a new shed within the buffer zone of Lake Shirley at 61 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 Bilotta meeting Room 2 nd Floor 17 Main Street at 7 PM on June 19, 2019. (CONTINUED FROM JUNE 5, 2019)The public is invited to attend. Pursuant to MGL ch 131, s 40 Kenneth Trainque has filed a request for a determination of applicability for the modification to an existing driveway at 320 Burrage Street within the 100 foot buffer zone. Application and supporting documents are available f or 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 June 19, 2019. (CONTINUED FROM JUNE 5, 2019)The public is invited to attend. ===PAGE 2=== Pursuant to MGL ch 131, s 40 Susan Boggs Lightfoot has filed a request for a determination of applicability for the replacement/upgrade of a septic system within the buffer zone at 244 Pleasant 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 Bilotta meeting Room 2 nd Floor 17 Main Street at 7 PM on June 19, 2019. (CONTINUED FROM JUNE 5, 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 THIS CONTINUED FROM June 5, 2019 3. EO- 63 Prospect St. – Enforcement Conference case number ENF 2019-11 THIS CONTINUED FROM June 5 2019 EO- 4 Sunset Lane case number ENF 2109-13- NEW MATTER EO -134 Crawford Street- Greco Alonso, Fitchburg Redevelopment Authority and MBTA - ENF Case 2019-3 Initial administrative hearing on enforcement orders. THIS CONTINUED FROM June 5 2019 Updates on enforcement cases and status of timelines EO -101 Pleasant Street – update/fines ENF CASE 2019 -6 THIS CONTINUED FROM June 5, 2019 EO - Powell Stone and Gravel- Leominster Shirley Road ENF CASE 2019-1 and 2019 -2 THIS CONTINUED FROM June 5, 2019 NON -155 -Reservoir Road- update from all parties regarding remedial work THIS CONTINUED FROM June 5, 2019 EO- Emerald Place Beach- update to be made for Spring 2019 THIS CONTINUED FROM June 5, 2019 EO -Shady Point-beach erosion ENF CASE 2019-7 – no update –ongoing THIS CONTINUED FROM June 5, 2019 New Business - Land acquisition proposal , Saliba , Northfield Road ( # 994) New home owner notification policy discussion/feedback Old Business - 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 – Minutes of previous meetings - review and approval of May 29, June 5 Committee Reports – Any Updates Agents Report /Action Items :  Legal Updates and Requests / regulation review –( if any )  ADA grant update-e progress of grant  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)  Hickory Hills general update on Dam project  Communications / public comment/ Adjourn/Meeting Schedule- Next meeting is July 17, 2019, at the Bilotta meeting room 2nd floor, 17 Main Street ======================================================================================== DOCUMENT : 2019-06-19-minutes-6220.txt BOARD : conservation-commission DATE : 2019-06-19 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2019-06-19-minutes-6220.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_06192019-6220 ======================================================================================== ===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 17 Main Street, Second Floor, Bilotta Meeting Room June 19 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. 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. MINUTES Call to Order- Chairman Bursch presiding with all present except TD and BP Announcements Jack Rabbitt-appreciative of being reappointed looking forward to making response concerning the issues surrounding the appointment with data. MM noted that the Hollis Hills stewardship plan was approved by the state forester’s office. Joanna Bilotta Simeone noted she had specific questions for TD and BP, however they were not present. Public Comment Appointments/Hearings –commences at 7 PM 7 PM : Pursuant to MGL ch 131, s 40 Alan Dantonio has filed a Notice of Intent for the demolition of sheds and a barn with a new bar constructed with land grading within the buffer zone at 4 Townsend Harbor 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 Bilotta meeting Room 2nd Floor 17 Main Street at 7 PM on June 19, 2019. The public is invited to attend. Peter Bemis explained the proposal and the history. The barn is to be razed and the area to be graded. He noted the lot is pre-existing. RB clarified that any new permits have to within the existing foot print. He asked about the tree cutting and looks to re-panting or remediation with planting. Would need to be put on the engineering plan. JR appreciated remediation but work was being carried out and there was trash and debris and asking not any work being done. Mr Bemis did ask for a waiver within a small section in the rear yard of the 30 foot no touch zone for backyard functionality. JR inquired about demarcation in the form of boulders. KJ partial removal of shed and barn is reasonable. RB will allow partial removal of shed and barn. Motion to approve barn and sheds with the applicant to return on July 17 with full remediation pla n by KJ a second by JR and a unanimous vote to approve the motion. ===PAGE 2=== DOCUMENTS APPROVED WERE A WPA FORM 1 AND A MODIFIED SKETCH PLAN BY APPLICANT DATE MAY 2019 Pursuant to MGL ch 131, s 40 Patrick Kincaid has filed a request for a determination of applicability for the demolition of a shed and a rebuild of a new shed within the buffer zone of Lake Shirley at 61 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 Bilotta meeting Room 2nd Floor 17 Main Street at 7 PM on June 19, 2019. (CONTINUED FROM JUNE 5, 2019)The public is invited to attend. Mr. Kinkaid appeared on his behalf. Shed is 8 feet six inches by 16 feet 6 inches. Closets part is 20 feet and the new shed would be no closer than 30 feet. JR asked about shed storage. Mr Kinkaid stated that he wanted more house storage.CL noted the final result would place sturcutres were further away. RB noted that it is only 4 sq feet within the 50 foot zone a nd it would be on blocks and requested the plan be updated to show erosion protection. Negative determination with erosion control added to the plans by a motion of CL , a second by CC and a unanimous vote to approve. DOCUMENTS APPROVED WERE A WPA FORM 1 AND A MODIFIED SKETCH PLAN BY APPLICANT DATE MAY 2019 Pursuant to MGL ch 131, s 40 Kenneth Trainque has filed a request for a determination of applicability for the modification t o an existing driveway at 320 Burrage Street within the 100 foot 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 at 7 PM on June 19, 2019. (CONTINUED FROM JUNE 5, 2019)The public is invited to attend. Kenneth Trainque represented himself. 320 burrage. With Maryann Dipinto. Mary Ann had flagged the wetland resource area. The plan was marked with a measurement by the applicant. The addition is flagged no close than 50 feet. RB expressed the turnaround being eliminated and wanted the buffer lines drawn in. Postive Determination by CC with a second by CL with a unanimous vote to approve. DOCUMENTS APPROVED WERE A WPA FORM 1 AND A PLAN BY DOUG SMITH ENTITLED “ SEWAGE DISPOSAL SYSTEM DOR 244 PLEASANT STREET” DATED MAY 2019 Pursuant to MGL ch 131, s 40 Susan Boggs Lightfoot has filed a request for a determination of applicability for the replacement/upgrade of a septic system within the buffer zone at 244 Pleasant Street. 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 June 19, 2019. (CONTINUED FROM JUNE 5, 2019) The public is invited to attend. Maryann Di Pinto noted thet wetland resource area was an isolated wetland. The septic was a newer system JR requested a maintenance plan copy be submitted. Dosage pump specs were examined. All work is out of the 50 foot, erosion protection is on the plans. KJ motioned for a negative determination and CC seconded. Unanimous vote to approve. ENFORCEMENT 1. Violations (Enforcement Actions and Administrative Hearings). - 2. EO- 4 Townsend Harbor Road – Enforcement Conference case number ENF 2019-12 THIS CONTINUED FROM June 5, 2019 – see above 3. EO- 63 Prospect St. – Enforcement Conference case number ENF 2019-11 THIS CONTINUED FROM June 5 2019 – MM noted planted and looking well done EO- 4 Sunset Lane case number ENF 2109-13- NEW MATTER representative from GPR outlined the violation. The area is currently stabilized and a Notice of Intent for the end of August is anticipated for filing ===PAGE 3=== EO -134 Crawford Street- Greco Alonso, Fitchburg Redevelopment Authority and MBTA - ENF Case 2019-3 Initial administrative hearing on enforcement orders. THIS CONTINUED FROM June 5 2019 Updates on enforcement cases and status of timelines -MM noted the NOI will be in for the end of the month as required EO -101 Pleasant Street – update/fines ENF CASE 2019 -6 THIS CONTINUED FROM June 5, 2019 Tickets have stopped awaiting court action for fine collection EO - Powell Stone and Gravel- Leominster Shirley Road ENF CASE 2019-1 and 2019 -2 THIS CONTINUED FROM June 5, 2019 awaiting plans NON -155 -Reservoir Road- update from all parties regarding remedial work THIS CONTINUED FROM June 5, 2019 Mike Hughes- options 6 boulders or 4 granite makers 15 to 48 max or six dogwood trees with conservation markers min of inch and a half medallion . CL where would they be placed? Along the rear along the restoration area not applicable to 7 and 9 – it was noted that lot 9 is not built. Motion to amend with the three portions of 6 by 6 granite with 30 foot spacing minimum 15 inches max height was made by CC with a second by KJ with a unanimous vote EO- Emerald Place Beach- update to be made for Spring 2019 THIS CONTINUED FROM June 5, 2019 EO -Shady Point-beach erosion ENF CASE 2019-7 – no update –ongoing THIS CONTINUED FROM June 5, 2019 New Business - Land acquisition proposal , Saliba , Northfield Road ( # 994) New home owner notification policy discussion/feedback Old Business - 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 – Minutes of previous meetings - review and approval of May 29, June 5 Committee Reports – Any Updates Agents Report /Action Items :  Legal Updates and Requests / regulation review –( if any ) – RB noted that there were Open meeting law complaints that Town Counsel was going to help the commission remediate at the 7/17/19 meeting. He complaints were reviewed and distributed to the commission.  ADA grant update-e progress of grant – MM reported that the grant work would be completed by the end of the month  183 Hemlock, Update to be made in spring – MM feels this can be removed from the agenda.  842R Chase Road – if any  Open space and land and Trail use issues and strategies (if any)  Hickory Hills general update on Dam project  Communications / public comment/ Adjourn/Meeting Schedule- Next meeting is July 17, 2019, at the Bilotta meeting room 2nd floor, 17 Main Street The meeting adjourned at 10:00 PM with a motion of KJ and a second by CC. DOUMENTS CITED IN THE MINUTES ARE AVAILIBLE FOR REVIEW AT THE COMMISSION OFFICE ======================================================================================== DOCUMENT : 2019-07-17-agenda-6240.txt BOARD : conservation-commission DATE : 2019-07-17 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2019-07-17-agenda-6240.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_07172019-6240 ======================================================================================== ===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 17 Main Street, Second Floor, Bilotta Meeting Room July 17 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. 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 (revised) Call to Order Announcements Public Comment Comments are to be limited to 3 minutes and on a subject matter under the direct jurisdiction of the commission. Comments about current agenda items are to be made during the comment period of the specific agenda item. Appointments/Hearings –commences at 7 PM 7 PM : APPOINTMENT: Jack Rodriquenze, DPW- Culvert replacements. Pursuant to MGL ch 131, s 40 Alan Dantonio has a CONTINUED PUBLIC HEARING FOR A Notice of Intent for the demolition of sheds and a barn with a new bar constructed with land grading within the buffer zone at 4 Townsend Harbor 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 Bilotta meeting Room 2nd Floor 17 Main Street at 7 PM on July 17, 2019. The public is invited to attend Pursuant to MGL ch 131, s 40 Pauline and Jason Zirkle have filed a request for a determination of applicability for the Place ment of a dock at 379Townsend Harbor 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 Building at 960 Mass Ave at 7 PM on July 17, 2019. The public is invited to attend. Pursuant to MGL ch 131, s 40 Jeffry and Angela Smith have filed a request for a determination of ap plicability for the construction of a swimming pool within the riverfront at 105 Reservoir Road. Application and supporting documents are availab le for review at the Conservation Commission office by calling 978-582-4147 ext 431 by appointment. Emailing a PDF is also an ===PAGE 2=== option on request by emailing lcc@lunenburgonline, the meeting will take place at the Ritter memorial Building at 960 Mass Ave at 7 PM on July 17, 2019. The public is invited to attend. ENFORCEMENT 1. Violations (Enforcement Actions and Administrative Hearings). - 2. EO- 63 Prospect St. – Enforcement Conference case number ENF 2019- 3. EO- 4 Sunset Lane case number ENF 2109-13- 4. EO -134 Crawford Street- Greco Alonso, Fitchburg Redevelopment Authority and MBTA - ENF Case 2019-3 Initial administrative hearing on enforcement orders. THIS CONTINUED FROM June 5 2019 Updates on enforcement cases and status of timelines. 5. EO - Powell Stone and Gravel- Leominster Shirley Road ENF CASE 2019-1 and 2019 -2 6. EO- Emerald Place Beach- update to be made for Spring 2019 7. EO -Shady Point-beach erosion ENF CASE 2019-7 – no update –ongoing New Business - 1. Discuss proposed response to Open Meeting Law (OML) complaints received from Joanna Bilotta, Cindylee Gee, Ashley Brawn and Marilyn Jewell, dated June 19, 2019, June 27, 2019, June 27, 2019 and July 9, 2019, respectively, and related to the Commission’s action(s) at its meeting of May 29, 2019. Vote expected. 2. Further discussion of LSIC’s request for, and action on, an extended Order of Conditions; including discussion about a meeting between the Chairman, LSIC President and their respective attorn eys; and potentially including a re-vote on the aforesaid extension, if deemed necessary or appropriate. The foregoing is remedial action meant to address the aforementioned June 19, 2019 and June 27, 2019 OML complaints. 3. Continued review of regulations. The foregoing is remedial action meant to address the aforementioned June 19, 2019 and June 27, 2019 OML complaints.  Proposed land donation 351 Leominster Road  LSIC- treatment of Lake Shirley Old Business - Work at the Small Town Forest-updates ( if any) Forest Stewardship/Bird Habitat planning for 123 Hollis Road Conservation Area – updates if any Land acquisition proposal , Saliba , Northfield Road ( # 994) Certificates of Compliance – None to present Extension Permit – refer to new business . Minutes of previous meetings - review Committee Reports – Any Updates Agents Report /Action Items :  Legal Updates and Requests / regulation review –( if any )  ADA grant update-e progress of grant  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)  Hickory Hills general update on Dam project  Communications / public comment/ Adjourn/Meeting Schedule- Next meeting is August 7, 2019, at The Ritter memorial Building at 960 Mass Ave at 7:00 PM.