# conservation-commission — 10 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 : 2019-08-21-agenda-6234.txt BOARD : conservation-commission DATE : 2019-08-21 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2019-08-21-agenda-6234.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_08212019-6234 ======================================================================================== ===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 August 21 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 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 Pursuant to MGL ch 131, s 40 and Section 239 of Lunenburg General By-law ( Wetland Bylaw) Jonathan Bartow has filed a Notice of Intent for upgrade of a septic system at 128 highland 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 second floor 17 Main Street at 7 PM on August 21 2019. The public is invited to attend Pursuant to MGL ch 131, s 40 and Section 239 of Lunenburg General By-law ( Wetland Bylaw) Richard Larochelle has file a request for a determination for the removal of 3 to four trees at 43 fire road 19 Lunenburg. Application and supporting docum ents 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 second floor 17 Main Street at 7 PM on August 21 2019. The public is invite d to attend. Pursuant to MGL ch 131, s 40 and Section 239 of Lunenburg General By-law ( Wetland Bylaw) and Lunenburg Protective Wetlands By-Law, 40 John Harrison has filed a Notice of Intent for the construction of a single family dwelling and grading t o accommodate a septic system at 915 Northfield 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 August 21, 2019. The public is invited to attend ===PAGE 2=== Pursuant to MGL ch 131, s 40 and Section 239 of Lunenburg General By-law ( Wetland Bylaw) DPW has filed a Notice of Intent for the replacement of Culverts at Sunset Lane and Northfield 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 August 21, 2019. The public is invited to attend. Pursuant to MGL ch 131, s 40 and Section 239 of Lunenburg General By-law ( Wetland Bylaw) Allan and Chirstine Kullberg has filed a Notice of Intent for the Stabilization of a slope within the buffer zone at 380 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 August 21, 2019. The public is invited to attend. Pursuant to MGL ch 131, s 40 and Section 239 of Lunenburg General By-law ( Wetland Bylaw) Law Kenneth Trainque has filed a Notice of Intent for the expansion of a driveway and an addition to a single family home within the buffer zone at 320 Burr age 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 August 21, 2019. The public is invited to attend. Pursuant to MGL ch 131, s 40 and Section 239 of Lunenburg General By-law ( Wetland Bylaw) Roberts G. Evans has filed a Notice of Intent for installation of a retaining wall within flood plain 4 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 second floor 17 Main Street at 7 PM on August 21 2019. The public is invited to attend. Pursuant to MGL ch 131, s 40 and Section 239 of Lunenburg General By-law ( Wetland Bylaw) Powell Stone and Gravel has filed a Notice of Intent for the grading and the installation of a culvert at 131 -133 Leominster-Shirley 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 August 21, 2019. The public is invited to attend. Pursuant to MGL ch 131, s 40 and Section 239 of Lunenburg General By-law ( Wetland Bylaw) Greco Alsonso has filed a Notice of Intent for the remediation of riverfront and buffer zone at 260 Fallualah Road , Lunenburg and 100 Summer Street Lunenburg. 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 August 21, 2019. The public is invited to attend REGULATION REVISION The Conservation Commission will be holding a hearing for updating section 335 of the town by laws regarding the protection o f wetlands. Supporting documents are available for review at the Conservation Commission office by calling 978 -582-4146 ext 431 by appointment. Emailing a PDF is also an option on request by emailing lcc@lunenburgonline, the meeting is scheduled August 21, 2019 at 7 PM the Bilotta Meeting Room, Second Floor, Town Hall, 17 Main Street. 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- EO- 127 Pleasant Street ENF 2019-14 3. EO- 4 Sunset Lane case number ENF 2019-13- 4. EO -134 Crawford Street- Greco Alonso, Fitchburg Redevelopment Authority and MBTA - ENF Case 2019-3 Initial administrative hearing on enforcement orders. Updates on enforcement cases and status of timelines. ===PAGE 3=== 5. EO - Powell Stone and Gravel- Leominster Shirley Road ENF CASE 2019-1 and 2019 -2 6. EO- Emerald Place Beach- update (if any) 7. EO -Shady Point-beach erosion ENF CASE 2019-7 – no update –ongoing New Business - 1. Commission reorganization. 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 – 208-1129 Certificate of Compliance 654 Mass Ave Extension Permit – 101 Pleasant Street – specific request for 1 year 70 Oak Ridge Road – Minutes of previous meetings - review Committee Reports – Any Updates Agents Report /Action Items :  Legal Updates and Requests / regulation review –( if any )  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 September 4, 2019, location to be determined ( either at the Town Hall, 17 Main Street bilotta Meeting Room 2 nd Floor or at the Ritter memorial building,960 Mass Ave, Lunenburg, MA). ======================================================================================== DOCUMENT : 2019-08-21-minutes-6234.txt BOARD : conservation-commission DATE : 2019-08-21 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2019-08-21-minutes-6234.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_08212019-6234 ======================================================================================== ===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 Jeffrey Vivano, Associate member MINUTES 17 Main Street, Second Floor, Bilotta Meeting Room August 21 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 all members in attendance, along with staff MM and associate JV 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 Pursuant to MGL ch 131, s 40 and Section 239 of Lunenburg General By-law ( Wetland Bylaw) Jonathan Bartow has filed a Notice of Intent for upgrade of a septic system at 128 highland Street. Application and supporting documents are available fo r review at the Conservation Commission office by calling 978-582-4147 ext 431 by appointment. Emailing a PDF is also an option on request by emailing lcc@lunenburgonline, the meeting will take place at the Bilotta Meeting room second floor 17 Main Street at 7 PM on August 21 2019. The public is invited to attend Greg Roy as representative for 128 Highland Street – no public comments submitted or made at the hearing. Mr. Roy narrated for the commission, the details of the property and the location of the resource area in relation to construction. He noted that the system was located as optimally as the subsurface will allow. He outlined the erosion protection details. The leaching field is outside of the buffer zone and the tank and pump chamber is located within the buffer zone. There is no work within the 30 foot no touch zone proposed. RB asked about the existing tank. Greg noted it would be crushed and filled. There is no reserve area as it is a repair. JR asked when the driveway was put in. TD stated he was on the site and the driveway was there for a long time indeterminate. TD felt that the proposal was a marked improvement to existing conditions. JV asked if there was a well. GR noted no there is town water. A motion was made for a standard Order by CC with a second to the motion from JR. The motion was approved unanimously. ===PAGE 2=== Pursuant to MGL ch 131, s 40 and Section 239 of Lunenburg General By-law ( Wetland Bylaw) Richard Larochelle has file a request for a determination for the removal of 3 to four trees at 43 fire road 19 Lunenburg. 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 second floor 17 Main Street at 7 PM on August 21 2019. The public is invited to attend. MM and Mr. Larochelle outlined the trees slated to be removed and MM recommended that a shrub be planted as marked. Cl wanted 2 8 to 10 foot trees. MM recommend also 2 shrubs. A motion was made for a negative determination with the additional plantings by TD with a second by JR. The vote to approve was unanimous. Pursuant to MGL ch 131, s 40 and Section 239 of Lunenburg General By-law ( Wetland Bylaw) and Lunenburg Protective Wetlands By-Law, 40 John Harrison has filed a Notice of Intent for the construction of a single family dwelling and grading to accommodate a septic system at 915 Northfield 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 August 21, 2019. The public is invited to attend John Harrison noted the location of the septic and as to why it was placed. He outlined the erosion protection and the value of the erosion protection. TD noted that the erosion protection would break the flow on the culvert. TD noted the grade was very gentle. The lot is mostly grass, and the fruit trees will not be touched. TD wanted to know if the outbuilding will come down. The answer was no. TD wanted to know where the quasit hut. RB asked if the wetland should have permanent demarcation. TD noted that it would be prudent. TD and RB wanted modifications on the plans showing the 30 and 50 foot no touch zones and a better location or locus plan showing orientation along with the addition of the quasit hut to the plans. A motion was made by KJ to continue to the September 4 meeting at 7 PM in the Ritter building. TD second and the commission unanimously approved the motion. Pursuant to MGL ch 131, s 40 and Section 239 of Lunenburg General By-law ( Wetland Bylaw) DPW has filed a Notice of Intent for the replacement of Culverts at Sunset Lane and Northfield 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 August 21, 2019. The public is invited to attend. This was continued by a motion of KJ and a second by CC to allow time for the notification of abutters to the September 4 meeting at 7 PM in the Ritter building. Pursuant to MGL ch 131, s 40 and Section 239 of Lunenburg General By-law ( Wetland Bylaw) Allan and Chirstine Kullberg has filed a Notice of Intent for the Stabilization of a slope within the buffer zone at 380 Sunset Lane. Application and support ing 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 August 21, 2019. The public is invited to attend. CL noted he was not listed and he is an abutter. Cl recused from the matter. John Donoghue, representing the applicants outlined the history of the lot and the proposal and the spec ifics of construction. He outlined erosion control and stabilization protocol. RB made not of the blocks in at the lake bed and how it toes into the flood plain. It was noted that the blocks would be placed at flood plain level. The flared ends will also be at flood plain level. RB asked about the schedule of the erosion protection. It was noted that the work will be done at the drawdown. TD was pleased with construction at the lake bed. He asked about spoiling due to excavation. Representative noted it would be offsite. Negative Determination motion was made with the added condition MM to inspect erosion controls made by TD with a second JR . The vote to approve was unanimous – with CL abstaining. Pursuant to MGL ch 131, s 40 and Section 239 of Lunenburg General By-law ( Wetland Bylaw) Law Kenneth Trainque has filed a Notice of Intent for the expansion of a driveway and an addition to a single family home within the buffer zone at 320 Burr age Street. Application and supporting documents are available for review at the Conservation Commission office by calling 978-582- ===PAGE 3=== 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 August 21, 2019. The public is invited to attend. Steve Marsden representing the applicants outlined the proposed work. No trees to be removed and the driveway turnaround originally proposed was eliminated. Maryann Dipinto flagged the wetland. RB made note the 30 foot no disturbance zone needs to be re-established with a meadow mix and demarcate the boundary with boulders. A motion was made by CC to continue for lack of a DEP number to the September 4 meeting at 7 PM in the Ritter building. TD second and the commission unanimously approved the motion. Pursuant to MGL ch 131, s 40 and Section 239 of Lunenburg General By-law ( Wetland Bylaw) Roberts G. Evans has filed a Notice of Intent for installation of a retaining wall within flood plain 4 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 second floor 17 Main Street at 7 PM on August 21 2019. The public is invited to attend. Nicholas Pauling from GPR ( hence referred to as GPR) outlined the file history and the notice of intent proposal of work. GPR reviewed the proposed work on the site plans as well as the existing conditions. The proposal is to replace the 2 walls within the exact same location. The difference in the plan is the stairs orientation as well as width. There is some change on flood plain. The numbers note that there is an increase of floodplain with compensatory storage. A catch basin and a secondary retaining wall to even out grading were also reviewed by the applicants’ representative. JR noted that 2 trees would be removed. GPR noted that the wall is being moved forward by the trees. RB noted that the commission would be seeking replacements. CL noted that the trees were providing a great value and requested that if the walls could be moved out farther in an attempt to prevent the removal of the trees. GPR agrees to examine this or a potential tree replacement plan. JV asked how far would the base of the tree is from the existing wall. GPR answered a wall block width. TD noted the root system would be below the existing wall. Andrew Storm noted the area of the proposed work that is in his property. He has not yet given permission and is in discussion with the applicant and GPR over the particulars. A motion was made by KJ to continue for lack of a DEP number and to have the issues with Mr. Storms property resolved, to the September 4 meeting at 7 PM in the Ritter building. CC seconded and the commission unanimously approved the motion. Pursuant to MGL ch 131, s 40 and Section 239 of Lunenburg General By-law ( Wetland Bylaw) Powell Stone and Gravel has filed a Notice of Intent for the grading and the installation of a culvert at 131 -133 Leominster-Shirley 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 August 21, 2019. The public is invited to attend. Brian Marchetti appeared representing the applicant. The current survey and wetlands is current conditions timely. He outlined the current site conditions. He noted that 131 Leominster Shirley Road was purchased over the winter and 133 Leominster Shirley Road was purchased in 2012. 131 Leominster Shirley Road is proposing to even and expand grading to a 1:1 slope while remaining 75 feet away from the wetland resource area. On 133 Leominster Shirley Road, the expansion of the wetland resource area was outlined and based on prior discussion the proposal is to place a culvert to promote a hydraulic connection between wetlands. The invert would not be within the resource area however it will be within the 30 foot no touch zone. The culvert is to allow significant rainfall events to flow through and cease continued expansion. JV wanted to know if the culvert would dry out the wetland. Brian responded no. The hydraulic connection was examined by previous orthophoto (2008). The basin at 151 Leominster Shirley Road was also examined. KJ wanted to examine moving a portion of the berm. RB asked the commission concerning the 30 foot no touch zone and if restoration would be required. Brian Marchetti responded that it was the expansion of the wetland that caused it to go from the 50 to 30. The Commission indicated they wished to have the 30 foot restored. River front alterations were examined. It was noted the alterations were identical and impervious surface was reduced. RB requested amended NOI for river front numbers. A motion was made by TD to continue for lack of a DEP number and to have the issues outlined by RB resolved, to the September 4 meeting at 7 PM in the Ritter building. CC seconded and the commission unanimously approved the motion. ===PAGE 4=== Pursuant to MGL ch 131, s 40 and Section 239 of Lunenburg General By-law ( Wetland Bylaw) Greco Alsonso has filed a Notice of Intent for the remediation of riverfront and buffer zone at 260 Fallualah Road , Lunenburg and 100 Summer Street Lunenburg. 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 August 21, 2019. The public is invited to attend A motion was made by KJ to continue for lack of a DEP number and the applicants request, to the September 4 meeting at 7 PM in the Ritter building. CC seconded and the commission unanimously approved the motion. REGULATION REVISION The Conservation Commission will be holding a hearing for updating section 335 of the town by laws regarding the protection o f wetlands. Supporting documents are available for review at the Conservation Commission office by calling 978 -582-4146 ext 431 by appointment. Emailing a PDF is also an option on request by emailing lcc@lunenburgonline, the meeting is scheduled August 21, 2019 at 7 PM the Bilotta Meeting Room, Second Floor, Town Hall, 17 Main Street . The public is invited to attend.. RB read all items changed within the text of the regulations. BP had recommended changes due to Scribner’s errors. He also requested that the Administrators determination procedure be added to the txt for the next meeti ng. The definition of “Structure “was added to the text of the regulations. The commission will review all suggested changes at the September 4, 2019 meeting at 7 PM in the Ritter building at 960 Mass Ave. ENFORCEMENT 1. Violations (Enforcement Actions and Administrative Hearings). - 2. EO- 63 Prospect St. – Enforcement Conference case number ENF 2019- looking well done and waiting for the next growing season EO- 127 Pleasant Street ENF 2019-14 The owner appeared and the commission required a filing of a request for a determination. MM will assist. 3. EO- 4 Sunset Lane case number ENF 2019-13- see above 4. EO -134 Crawford Street- Greco Alonso, Fitchburg Redevelopment Authority and MBTA - ENF Case 2019-3 Initial administrative hearing on enforcement orders. See above Updates on enforcement cases and status of timelines. 5. EO - Powell Stone and Gravel- Leominster Shirley Road ENF CASE 2019-1 and 2019 -2 see above 6. EO- Emerald Place Beach- update (if any) no update 7. EO -Shady Point-beach erosion ENF CASE 2019-7 – no update –ongoing no update New Business - 1. Commission reorganization. A motion as made by JR to re-elect all the existing offices to the same positions. KJ seconded and the commission approve the motion by unanimous vote Old Business - Work at the Small Town Forest-updates ( if any) no update Forest Stewardship/Bird Habitat planning for 123 Hollis Road Conservation Area – updates if any Land acquisition proposal , Saliba , Northfield Road ( # 994) any KJ noted that the LANDS grant is submitted Certificates of Compliance – 208-1129 Certificate of Compliance 654 Mass Ave No action as commission will walk the site Extension Permit – 101 Pleasant Street – specific request for 1 year– No action taken 70 Oak Ridge Road – No action taken Minutes of previous meetings - review Committee Reports – Any Updates Agents Report /Action Items : ===PAGE 5===  Legal Updates and Requests / regulation review –( if any )  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 September 4, 2019, location to be determined ( either at the Town Hall, 17 Main Street bilotta Meeting Room 2 nd Floor or at the Ritter memorial building,960 Mass Ave, Lunenburg, MA). The meeting adjourned by a motion of KJ and a second by TD with a unanimous vote to approve at 10:20 PM. The next meeting was clarified to be at the Ritter Building on September 4, at 7 PM ======================================================================================== DOCUMENT : 2019-09-04-agenda-6221.txt BOARD : conservation-commission DATE : 2019-09-04 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2019-09-04-agenda-6221.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_09042019-6221 ======================================================================================== ===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 September 4, 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 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 Pursuant to MGL ch 131, s 40 Section 239 of Lunenburg General By-law ( Wetland Bylaw) ,Ann Dunlap has filed a request for a determination for the filling in of an in ground swimming pool at 21 East Street. Application and supporting documents are available for review at the Conservation Commission office by calling 978 -582-4147 ext 431 by appointment. Emailing a PDF is also an option on request by emailing lcc@lunenburgonline, the meeting will take place at 960 Mass Ave, Lunenburg at 7 PM on September 4, 2019. The public is invited to attend. Pursuant to MGL ch 131, s 40 Section 239 of Lunenburg General By-law ( Wetland Bylaw) ,Richard Thibault has filed a request for a determination of applicability for expansion of a deck and the placement of a three season porch on top of it at 19 Whi teTail Crossing 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 September 4, 2019. The public is invited t o attend. CONTUNUED FROM PREVIOUS MEETING: Pursuant to MGL ch 131, s 40 and Section 239 of Lunenburg General By-law ( Wetland Bylaw) , 40 John Harrison has filed a Notice of Intent for the construction of a single family dwelling and grading to accommodate a septic system at 915 Northfield Road. Application and supporting docume nts 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 ===PAGE 2=== by emailing lcc@lunenburgonline, the meeting will take place at the Bilotta meeting room 2nd floor 17 Main Street August 21, 2019. The public is invited to attend CONTUNUED FROM PREVIOUS MEETING: Pursuant to MGL ch 131, s 40 and Section 239 of Lunenburg General By-law ( Wetland Bylaw) DPW has filed a Notice of Intent for the replacement of Culverts at Sunset Lane and Northfield 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 960 Mass Ave, Lunenburg at 7 PM on September 4, 2019. The public is invited to attend. CONTUNUED FROM PREVIOUS MEETING :Pursuant to MGL ch 131, s 40 and Section 239 of Lunenburg General By-law ( Wetland Bylaw) Law Kenneth Trainque has filed a Notice of Intent for the expansion of a driveway and an addition to a single family home within the buffer zone at 320 Burrage 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 960 Mass Ave, Lunenburg at 7 PM on September 4, 2019. The public is invited to attend. CONTUNUED FROM PREVIOUS MEETING Pursuant to MGL ch 131, s 40 and Section 239 of Lunenburg General By-law ( Wetland Bylaw) Roberts G. Evans has filed a Notice of Intent for installation of a retaining wall within flood plain 4 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 960 Mass Ave, Lunenburg at 7 PM on September 4, 2019. The public is invited to attend.to attend. CONTUNUED FROM PREVIOUS MEETING Pursuant to MGL ch 131, s 40 and Section 239 of Lunenburg General By-law ( Wetland Bylaw) Powell Stone and Gravel has filed a Notice of Intent for the grading and the installation of a culvert at 131-133 Leominster-Shirley 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 960 Mass Ave, Lunenburg at 7 PM on September 4, 2019. The public is invited to attend. CONTUNUED FROM PREVIOUS MEETING Pursuant to MGL ch 131, s 40 and Section 239 of Lunenburg General By-law ( Wetland Bylaw) Greco Alonso has filed a Notice of Intent for the remediation of riverfront and buffer zone at 260 Fallualah Road , Lunenburg and 100 Summer Street Lunenburg. 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 960 Mass Ave, Lunenburg at 7 PM on September 4, 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- EO- 127 Pleasant Street ENF 2019-14 3. EO- 4 Sunset Lane case number ENF 2019-13- 4. EO -134 Crawford Street- Greco Alonso, Fitchburg Redevelopment Authority and MBTA - ENF Case 2019-3 Initial administrative hearing on enforcement orders. Updates on enforcement cases 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 (if any) 7. EO -Shady Point-beach erosion ENF CASE 2019-7 – no update –ongoing New Business - REVISED REGULATION REVIEW IN ADAVANCE OF SECOND HEARING SCHEDULED FOR 9/18/19 ===PAGE 3=== 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 – 208-1129 Certificate of Compliance 654 Mass Ave 208-1117 Certificate of Compliance 141 Beals Street 208-1161 14 Sunset Ave Extension Permit – 70 Oak Ridge Road – Minutes of previous meetings - review Committee Reports – Any Updates Agents Report /Action Items :  Legal Updates and Requests / regulation review –( if any )  842R Chase Road – if any  Open space and land and Trail use issues and strategies (if any)  Hickory Hills general updates  Communications / public comment/ Adjourn/Meeting Schedule- Next meeting is September 18, 2019, at the Town Hall, 17 Main Street bilotta Meeting Room 2 nd Floor ======================================================================================== DOCUMENT : 2019-09-04-minutes-6221.txt BOARD : conservation-commission DATE : 2019-09-04 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2019-09-04-minutes-6221.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_09042019-6221 ======================================================================================== ===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 September 4, 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 The meeting opened at 7 PM with Chairman Bursch presiding and all commission members present ( Commissioner Rabbitt appeared at 8:30 PM after the conclusion of public hearings. Votes on any public hearing do not include his vote) 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. Bob P comment watched Selectmen’s meeting last night and hopes we can take a positive approach. He felt the letters that were read last night was not a good approach. He wont be at the next meeting and wanted to state that we can foster a positive approach. RB stated that his comments were geared to try to get a conversation going between the town and its agent (LSIC) and was not necessarily meant for a public comment. RB noted town meeting was scheduled for November 15 and we need to re -do the article on 842 Chase. It will be on the agenda for Sept 18th. KJ noted the grant will be on the warrant so we could write a letter of support. RB 850 Rear Howard Street is still in tax taking in court. The finical office will follow up. BP noted he is following up on the trails grant ===PAGE 2=== Appointments/Hearings –commences at 7 PM Pursuant to MGL ch 131, s 40 Section 239 of Lunenburg General By-law ( Wetland Bylaw) ,Ann Dunlap has filed a request for a determination for the filling in of an in ground swimming pool at 21 East Street. Application and supporting documents are available for review at the Conservation Commission office by calling 978 -582-4147 ext 431 by appointment. Emailing a PDF is also an option on request by emailing lcc@lunenburgonline, the meeting will take place at 960 Mass Ave, Lunenburg at 7 PM on September 4, 2019. The public is invited to attend. TD recused. Chris Dunlap appeared before the commission and outlined the project. RB asked if there were holes in the bottom of the pool. The response was yes. No Comment from the public. KJ moved to issue a negative determination. RB seconded and the commission voted unanimously. Pursuant to MGL ch 131, s 40 Section 239 of Lunenburg General By-law ( Wetland Bylaw) ,Richard Thibault has filed a request for a determination of applicability for expansion of a deck and the placement of a three season porch on top of it at 19 Whi teTail Crossing 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 September 4, 2019. The public is invited to attend. MM and RB reviewed the site walk. The isolated wetland was 100 feet away. KJ moved for a negative determination. TD seconded and the commission voted unanimously. CONTUNUED FROM PREVIOUS MEETING: Pursuant to MGL ch 131, s 40 and Section 239 of Lunenburg General By-law ( Wetland Bylaw) , 40 John Harrison has filed a Notice of Intent for the construction of a single family dwelling and grading to accommodate a septic system at 915 Northfield 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 August 21, 2019. The public is invited to attend Continued until 9/18 by a motion of CC and a second by TD with a unanimous vote to approve. CONTUNUED FROM PREVIOUS MEETING: Pursuant to MGL ch 131, s 40 and Section 239 of Lunenburg General By-law ( Wetland Bylaw) DPW has filed a Notice of Intent for the replacement of Culverts at Sunset Lane and Northfield Road. Application and supporting documents are available for review at the Conservation Commission offi ce 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 960 Mass Ave, Lunenburg at 7 PM on September 4, 2019. The public is invited to attend. Continued until 9/18 by a motion of TD and a second by CC with a unanimous vote to approve. CONTUNUED FROM PREVIOUS MEETING :Pursuant to MGL ch 131, s 40 and Section 239 of Lunenburg General By-law ( Wetland Bylaw) Law Kenneth Trainque has filed a Notice of Intent for the expansion of a driveway and an addition to a single family home within the buffer zone at 320 Burrage 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 960 Mass Ave, Lunenburg at 7 PM on September 4, 2019. The public is invited to attend. RB DEP number was issued and it appears all of the items we requested were addressed. TD moved to issue a standard order of conditions. KJ seconded and the commission vote unanimously. ===PAGE 3=== CONTUNUED FROM PREVIOUS MEETING Pursuant to MGL ch 131, s 40 and Section 239 of Lunenburg General By-law ( Wetland Bylaw) Roberts G. Evans has filed a Notice of Intent for installation of a retaining wall within flood plain 4 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 960 Mass Ave, Lunenburg at 7 PM on September 4, 2019. The public is invited to attend. to attend. Continued until 9/18 by a motion of KJ and a second by TD with a unanimous vote to approve. CONTUNUED FROM PREVIOUS MEETING Pursuant to MGL ch 131, s 40 and Section 239 of Lunenburg General By-law ( Wetland Bylaw) Powell Stone and Gravel has filed a Notice of Intent for the grading and the installation of a culvert at 131 -133 Leominster-Shirley 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 960 Mass Ave, Lunenburg at 7 PM on September 4, 2019. The public is invited to attend. Continued until 9/18 by a motion of KJ and a second by TD with a unanimous vote to approve. CONTUNUED FROM PREVIOUS MEETING Pursuant to MGL ch 131, s 40 and Section 239 of Lunenburg General By-law ( Wetland Bylaw) Greco Alonso has filed a Notice of Intent for the remediation of riverfront and buffer zone at 260 Fallualah Road , Lunenburg and 100 Summer Street Lunenburg. 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 960 Mass Ave, Lunenburg at 7 PM on September 4, 2019. The public is invited to attend. Continued until 9/18 by a motion of KJ and a second by TD with a unanimous vote to approve. ENFORCEMENT 1. Violations (Enforcement Actions and Administrative Hearings). - 2. EO- 63 Prospect St. – Enforcement Conference case number ENF 2019- To be removed EO- 127 Pleasant Street ENF 2019-14 – RDA for 9/18 3. EO- 4 Sunset Lane case number ENF 2019-13- Currently under NOI review 4. EO -134 Crawford Street- Greco Alonso, Fitchburg Redevelopment Authority and MBTA - ENF Case 2019-3 Initial administrative hearing on enforcement orders. – NOI FILED Updates on enforcement cases and status of timelines. 5. EO - Powell Stone and Gravel- Leominster Shirley Road ENF CASE 2019-1 and 2019 -2 NOI FILED 6. EO- Emerald Place Beach- update (if any) ONGOING 7. EO -Shady Point-beach erosion ENF CASE 2019-7 – MM noted no further erosion as they have complied with his request for an earthen berm New Business - REVISED REGULATION REVIEW IN ADAVANCE OF SECOND HEARING SCHEDULED FOR 9/18/19 Regulation review RB passed out suggested 10.4.1 insertion under wildlife habitat and be used for administrator’s determination. RB read the language in the record. TD obser ved that the proposed regulations increase restrictions between the 30 and the 50 especially where housing is concerned. Move back to the 30 foot from the 50 foot. MM noted that this was for non construction related vegetation related . The table of Contents and tech fees will be revised in addition to minor scribner errors noted by the commission Old Business - Work at the Small Town Forest-updates ( if any) MM to attempt a site walk setup with NEFCO so the commission can view the growth and then schedule a site walk for the public ===PAGE 4=== Forest Stewardship/Bird Habitat planning for 123 Hollis Road Conservation Area – updates if any Land acquisition proposal , Saliba , Northfield Road ( # 994) Certificates of Compliance – 208-1129 Certificate of Compliance 654 Mass Ave No action needs a revised as built 208-1117 Certificate of Compliance 141 Beals Street No action needs a revised as built 208-1161 14 Sunset Ave – approved as invalidating to OOC due to no work by a motion of CC and a second by CL with a unanimous vote approving the motion. Extension Permit – 70 Oak Ridge Road – Approved for 1 year by a motion of CL and a second by KJ with a unanimous vote to approve Minutes of previous meetings –MM read edits of the previous meeting of 8/21/19. The edited minutes were approved by a motion of CL a second by TD and a unanimous vote to approve Committee Reports – MM to obtain No ATV signs. MM to obtain as built for Reservoir Road remediation Agents Report /Action Items :  Legal Updates and Requests / regulation review –( if any )  842R Chase Road – MM to ask the town Administrator for details for language of renewing the previous article  Open space and land and Trail use issues and strategies (if any)  Hickory Hills general updates  Communications / public comment/ Adjourn/Meeting Schedule- Next meeting is September 18, 2019, at the Town Hall, 17 Main Street bilotta Meeting Room 2 nd Floor The meeting adjourned at 8:50 PM with a motion of KJ and a second of CC with a unanimous vote to approve. ======================================================================================== DOCUMENT : 2019-09-18-agenda-6222.txt BOARD : conservation-commission DATE : 2019-09-18 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2019-09-18-agenda-6222.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_09182019-6222 ======================================================================================== ===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 Jeffrey Vivano, associate member NOTICE OF MEETING AND Executive Session 17 Main Street Bilotta Meeting Room 2nd Floor September 18, 2019 at 6:45 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 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 EXECUTIVE SESSION- under MGL ch 39 Section 23 B at 6:45 PM an executive session will be held with the commission reconvening back into public session for the following: To discuss strategy with respect to collective bargaining or litigation if an open meeting may have a detrimental effect on the government’s bargaining or litigating position 101 Pleasant To consider the purchase, exchange, taking, lease, or value of real property if such discussion may have a detrimental effect on the negotiating position of the governmental body. 61 a release. Appointments/Hearings –commences at 7 PM CONTINUED FROM PREVIOUS MEETING: Pursuant to MGL ch 131, s 40 and Section 239 of Lunenburg General By -law ( Wetland Bylaw) , 40 John Harrison has filed a Notice of Intent for the construction of a single family dwelling and grading to accommodate a septic system at 915 Northfield 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 second floor 17 Main Street at 7 PM on September 18 2019. The public is invited to attend. ===PAGE 2=== CONTINUED FROM PREVIOUS MEETING: Pursuant to MGL ch 131, s 40 and Section 239 of Lunenburg General By-law ( Wetland Bylaw) DPW has filed a Notice of Intent for the replacement of Culverts at Sunset Lane and Northfield Road. Applicati on 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 second floor 17 Main Street at 7 PM on September 18 2019. The public is invited to attend. CONTINUED FROM PREVIOUS MEETING Pursuant to MGL ch 131, s 40 and Section 239 of Lunenburg General By-law ( Wetland Bylaw) Roberts G. Evans has filed a Notice of Intent for installation of a retaining wall within flood plain 4 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 second floor 17 Main Street at 7 PM on September 18 2019. The public is invited to attend.. CONTINUED FROM PREVIOUS MEETING Pursuant to MGL ch 131, s 40 and Section 239 of Lunenburg General By -law ( Wetland Bylaw) Powell Stone and Gravel has filed a Notice of Intent for the grading and the installation of a culvert at 131 -133 Leominster-Shirley 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 second floor 17 Main Street at 7 PM on September 18 2019. The public is invited to attend. CONTINUED FROM PREVIOUS MEETING Pursuant to MGL ch 131, s 40 and Section 239 of Lunenburg General By -law ( Wetland Bylaw) Greco Alonso has filed a Notice of Intent for the remediation of riverfront and buffer zone at 260 Fallualah R oad , Lunenburg and 100 Summer Street Lunenburg. 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 960 Mass Ave, Lunenburg at 7 PM on September 4, 2019. The public is invited to attend. Pursuant to MGL ch 131, s 40 and Lunenburg Wetland Regulations section 335 ,Shawn Farrow has filed a Request for a determination at 31 Round Road for the repair of a Boat ramp, addition of sand to an existing beach (not to expand) construction of retaining wall greater than 50 feet from Lake Shirley and a patio also 50 feet away from the lake but within the buffer zone. Application and supporting documents are available for review at the Conservation Commission office by calling 978 -582-4147 ext 431 by appointment. Emailing a PDF is also an option on request by emailing lcc@lunenburgonline, the meeting will take place at the Bilotta Meeting room second floor 17 Main Street at 7 PM on September 18 2019. The public is invited to attend. Pursuant to MGL ch 131, s 40 and Lunenburg Wetland Regulations section 335 ,Paula Halbedel has filed a Request for a determination at 127 Pleasant Street for the repair of a driveway within the buffer zone. Application and supporting documents are available for review at the Conservation Commission office by calling 978 -582-4147 ext 431 by appointment. Emailing a PDF is also an option on request by emailing lcc@lunenburgonline, the meeting will take place at the Bilotta Meeting room second floor 17 Main Street at 7 PM on September 18 2019. The public is invited to attend. Pursuant to MGL ch 131, s 40 and Lunenburg Wetland Regulations section 335 ,Susanne Delisle has filed a Request for a determination at 235 Island Road for Removal of six trees addition of understory plantings and removal of hazardous standing deadwood, removal of 500 ft.² of impervious surface, the replacement of 220 ft.² of impervious surface, the remainder to be replaced with the pervious surface. The replacement of failing steps and repair of walkway and the installation of a swimming pool within the buffer zone of a wetland resource area. Application and supporting documents are available for review at the Conservation Commission office by calling 978-582-4147 ext 431 by appointment. Emailing a PDF is also an option on request by emailing lcc@lunenburgonline, the meeting will take place at the Bilotta Meeting room second floor 17 Main Street at 7 PM on September 18 2019. The public is invited to attend. Pursuant to MGL ch 131, s 40 and Lunenburg Wetland Regulations section 335 , The Town of Lunenburg and the Lake Shirley Improvement Corp has filed a Notice of Intent for the approval of a lake management program for 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 second floor 17 Main Street at 7 PM on September 18 2019. The public is invited to attend. ===PAGE 3=== ENFORCEMENT Violations (Enforcement Actions and Administrative Hearings). - 1. Joel Swenson- 17 Ruth Steet NON – ENF CASE 2019-14 2. EO- Emerald Place Beach- update (if any) 3. EO -Shady Point-beach erosion ENF CASE 2019-7 – no update –ongoing New Business - Chairman Public Apology APR CONSIDERATION 411 & 490 Chase Road and 780 Northfield Road. Chapter 61 Release Request 250 Howard Street 842R Chase Road – Warrant Article REVISED REGULATION REVIEW IN ADAVANCE OF SECOND HEARING SCHEDULED FOR 10/16/19 Old Business - Work at the Small Town Forest-Potential Site visit Response from NEFCO Forest Stewardship/Bird Habitat planning for 123 Hollis Road Conservation Area – updates if any Land acquisition proposal , Saliba , Northfield Road ( # 994) Certificates of Compliance – 208-671 16 Sandy Cove Road Extension Permit – 208-1064 LSIC/TOWN OF LUNENBURG LAKE SHIRLEY 208-1097- 101 Pleasant Street Minutes of previous meetings - review Committee Reports – Any Updates Agents Report /Action Items :  Legal Updates and Requests / regulation review –( if any )  Open space and land and Trail use issues and strategies (if any)  Hickory Hills general updates  Communications / public comment/ Adjourn/Meeting Schedule- Next meeting is October 2, 2019, at The Ritter Memorial Building 960 Mass Ave. ======================================================================================== DOCUMENT : 2019-09-18-minutes-6222.txt BOARD : conservation-commission DATE : 2019-09-18 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2019-09-18-minutes-6222.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_09182019-6222 ======================================================================================== ===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 Jeffrey Vivano, associate member MINUTES AND Executive Session 17 Main Street Bilotta Meeting Room 2nd Floor September 18, 2019 at 6:45 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 In attendance: RB, TD, JR, CC- KJ came in at 8:10 PM Call to Order RB called meeting to order at 6:45 PM. TD moved to go into executive session for the reasons listed in the body of the agenda. CC seconded and the commission approved unanimously by roll call vote. The motion also included inviting MM as staff. 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 EXECUTIVE SESSION- under MGL ch 39 Section 23 B at 6:45 PM an executive session will be held with the commission reconvening back into public session for the following: To discuss strategy with respect to collective bargaining or litigation if an open meeting may have a detrimental effect on the government’s bargaining or litigating position 101 Pleasant To consider the purchase, exchange, taking, lease, or value of real property if such discussion may have a detrimental effect on the negotiating position of the governmental body. 61 a release. The meeting reconvened in public session at 7:05 PM Appointments/Hearings –commences at 7 PM CONTINUED FROM PREVIOUS MEETING: Pursuant to MGL ch 131, s 40 and Section 239 of Lunenburg General By -law ( Wetland Bylaw) , 40 John Harrison has filed a Notice of Intent for the construction of a single family dwelling and grading to accommodate a septic system at 915 Northfield Road. Application and supporting documents are available for review at the ===PAGE 2=== 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 second floor 17 Main Street at 7 PM on September 18 2019. The public is invited to attend. The hearing was continued until the next meeting by a motion of JR and a second by TD with a unanimous vote until the 10/2/19 meeting at 7 PM in the Ritter Building at Mass Ave. CONTINUED FROM PREVIOUS MEETING: Pursuant to MGL ch 131, s 40 and Section 239 of Lunenburg General By-law ( Wetland Bylaw) DPW has filed a Notice of Intent for the replacement of Culverts at Sunset Lane and Northfield Road. Applicati on and supporting documents are available for review at the Conservation Commission office by calling 9 78-582-4147 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 second floor 17 Main Street at 7 PM on September 18 2019. The public is invited to attend. The hearing was continued until the next meeting by a motion of CC and a second by TD with a unanimous vote until the 10/2/19 meeting at 7 PM in the Ritter Building at Mass Ave. CONTINUED FROM PREVIOUS MEETING Pursuant to MGL ch 131, s 40 and Section 239 of Lunenburg General By -law ( Wetland Bylaw) Roberts G. Evans has filed a Notice of Intent for installation of a retaining wall within flood plain 4 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 second floor 17 Main Street at 7 PM on September 18 2019. The public is invited to attend.. The Hearing was continued until the next meeting by a motion of JR and a second by TD with a unanimous vote until the 10/2/19 meeting at 7 PM in the Ritter Building at Mass Ave. CONTINUED FROM PREVIOUS MEETING Pursuant to MGL ch 131, s 40 and Section 239 of Lunenburg General By -law ( Wetland Bylaw) Powell Stone and Gravel has filed a Notice of Intent for the grading and the installation of a culvert at 131-133 Leominster-Shirley 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 second floor 17 Main Street at 7 PM on September 18 2019. The public is invited to attend. (Patrick MCCarty representing) Patrick narrated the history of the supplemental information. He first reviewed the echo tech narrative. He reviewed the revised river front calculations He noted a 28% reduction overall in impervious area in the history of the site. He outlined the narrative of the redevelopment justification. He noted DEP indicated satisfaction with the narrative. He outlined the current proposal of the storage of materials including, Stone, hay and mulch. RB reviewed the history of storm-water calculations. MR. McCarty reviewed the parameters of the storm water modeling. Over land flow from wetland was also examined as it related to the proposed culvert. M.r McCarty outlined the illustrations. The 30 foot no touch zone totally being remediated will be shown on a plan and will be submitted. TD made a motion to approved tan Order of Conditions subject to the change agreed on the plan. CC seconded and the commission unanimously approved. CONTINUED FROM PREVIOUS MEETING Pursuant to MGL ch 131, s 40 and Section 239 of Lunenburg General By-law ( Wetland Bylaw) Greco Alonso has filed a Notice of Intent for the remediation of riverfront and buffer zone at 260 Fallualah R oad , Lunenburg and 100 Summer Street Lunenburg. Application and supporting docume nts 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 960 Mass Ave, Lunenburg at 7 PM on September 4, 2019. The public is invited to attend. ===PAGE 3=== The Hearing was continued until the next meeting by a motion of CC and a second by TD with a unanimous vote until the 10/2/19 meeting at 7 PM in the Ritter Building at Mass Ave. Pursuant to MGL ch 131, s 40 and Lunenburg Wetland Regulations section 335 , Shawn Farrow has filed a Request for a determination at 31 Round Road for the repair of a Boat ramp, addition of sand to an existing beach (not to expand) construct ion of retaining wall greater than 50 feet from Lake Shirley and a patio also 50 feet away from the lake but within the buffer zone. Application and supporting documents are available for review at the Conservation Commission office by calling 978 -582-4147 ext 431 by appointment. Emailing a PDF is also an option on request by emailing lcc@lunenburgonline, the meeting will take place at the Bilotta Meeting room second floor 17 Main Street at 7 PM on September 18 2019. The public is invited to attend. Shawn Farrow represented himself. RB requested certain preexisting items be memorialized Requesting Mr. Farrow document the historical walls and trees and mark the 100 foot buffer zone, mark on the plans the fact he needs 2 yards of sand. Sign and date the revisions. No public comment. The Hearing was continued until the next meeting by a motion of CC and a second by TD with a unanimous vote until the 10/2/19 meeting at 7 PM in the Ritter Building at Mass Ave. Pursuant to MGL ch 131, s 40 and Lunenburg Wetland Regulations section 335 ,Paula Halbedel has filed a Request for a determination at 127 Pleasant Street for the repair of a driveway within the buffer zone. Application and supporting documents are available for review at the Conservation Commission office by calling 978 -582-4147 ext 431 by appointment. Emailing a PDF is also an option on request by emailing lcc@lunenburgonline, the meeting will take place at the Bilotta Meeting room second floor 17 Main Street at 7 PM on September 18 2019. The public is invited to attend. Paula Helbedel- 127 Pleasant spoke to the commission about the work she is doing in the rear yard. Most of the work is done and the proposal was for the removal of some of her driveway off of the neighbor’s property and rebuild the wall and driveway closer to the house. RB requested a timepline to completion and was told Ms. Helbadel ‘s goal was to get it finished the fall of this year. The Commission requested a line of hay bales or straw wattles along property line. Motion for a negative with erosion protection as agreed by TD. JR seconded and the commission unanimously approved. The previous enforcement order was lifted by a motion of CC and a second by TD with a unanimous vote to approve.. Pursuant to MGL ch 131, s 40 and Lunenburg Wetland Regulations section 335 ,Susanne Delisle has filed a Request for a determination at 235 Island Road for Removal of six trees addition of understory plantings and removal of hazardous standing deadwood, removal of 500 ft.² of impervious surface, the replacement of 220 ft.² of impervious surface, the remainder to be replaced with the pervious surface. The replacement of failing steps and repair of walkway and the installation of a swimming pool within the buffer zone of a wetland resource area. Application and supporting documents are available for review at the Conservation Commission office by calling 978-582-4147 ext 431 by appointment. Emailing a PDF is also an option on request by emailing lcc@lunenburgonline, the meeting will take place at the Bilotta Meeting room second floor 17 Main Street at 7 PM on September 18 2019. The public is invited to attend. The Hearing was continued until the next meeting by a motion of KJ and a second by TD with a unanimous vote until the 10/2/19 meeting at 7 PM in the Ritter Building at Mass Ave. Pursuant to MGL ch 131, s 40 and Lunenburg Wetland Regulations section 335 , The Town of Lunenburg and the Lake Shirley Improvement Corp has filed a Notice of Intent for the approval of a lake management program for 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 second floor 17 Main Street at 7 PM on September 18 2019. The public is invited to att end. ===PAGE 4=== LSIC Wendy Gendron- introduced herself to the commission reviewed some of the items of concern to the commission. RB spoke to the formulations of goals for the NOI . Wendy note that it was difficult to quantify and would work to at least come to a qualitative goal. If we can have some workshops from the commission , a certified applicator and someone from the LSIC and herself to talk about goals. TD noted about the table and the coding for species gained and lost. European Niad has apparently grown. It is an aggressive species. She expressed a concern about the loss of robins pond weeds. Generally resistant to herbicides so there may be something going on there. She acknowledged that the annual report can be refined to further elaborate on the species change and what may be going on in the pond. TD asked about expansion of the section of the NOI where some misidentification of generalization of the subspecies. She feels to be major specifics you will need a lot more than 68 points. RB asked if you, lost 40% of the plant species what would she recommend. She narrated the analytical method used. After further discussion TD motioned for a workshop meeting at the Ritter building on 9/25 at 7 PM with the hearing reconveni ng at 10/2/19 at 7 PM also at the Ritter Building. JR seconded and the commission unanimously. ENFORCEMENT Violations (Enforcement Actions and Administrative Hearings). - 1. Joel Swenson- 17 Ruth Street NON – ENF CASE 2019-14 Mr. Swenson appeared before the commission. It was noted as his current Order is still valid combine with the dock being a rolling structure, his plan could be hand drawn fo the doc location and signed off at the meeting and approve as field change. TD motioned to approve a s a field change. CC seconded and the commission approved unanimously. 2. EO- Emerald Place Beach- update (if any) none 3. EO -Shady Point-beach erosion ENF CASE 2019-7 – Removed by a motion of KJ and a second by CC with a unanimous vote to approve New Business - Chairman Public Apology – The chairman read to the public a written apology for previous matters, APR CONSIDERATION 411 & 490 Chase Road and 780 Northfield Road. The commission voted to support the APR by a motion by KJ and a second by CC. Chapter 61 Release Request 250 Howard Street After Consideration the Commission voted to release the lot form consideration by a motion of TD and a second by KJ. 842R Chase Road – Warrant Article – The commission had BP work with Heather Lemieux for a new wording to renew the approval by the town at town meeting to be submitted by 9/30/19 nothing has yet been submitted. REVISED REGULATION REVIEW IN ADAVANCE OF SECOND HEARING SCHEDULED FOR 10/16/19 The Commission reviewed language for vegetation removal and made a one sentence adjustment allowing for exclusion of exiting lawn and landscape from the definition. Old Business - Work at the Small Town Forest-Potential Site visit Response from NEFCO – No response with alternative dates. Forest Stewardship/Bird Habitat planning for 123 Hollis Road Conservation Area – updates if any Land acquisition proposal , Saliba , Northfield Road ( # 994) Certificates of Compliance – 208-671 16 Sandy Cove Road the certificate was approved by a motion of KJ and a second by CC. Extension Permit – 208-1064 LSIC/TOWN OF LUNENBURG LAKE SHIRLEY Withdrawn ===PAGE 5=== 208-1097- 101 Pleasant Street- Denied by a motion of KJ and a second by CC. Minutes of previous meetings - review minutes from 9/4 were approved by a motion of TD and a second by CC. Committee Reports – Any Updates Agents Report /Action Items :  Legal Updates and Requests / regulation review –( if any )  Open space and land and Trail use issues and strategies (if any) Sunset Stables requested annual ride through permission for Robbs Hill. Approved by motion of CC and a second by JR.  Hickory Hills general updates MM meeting at the lake concerning Chemical treatment and the dam.  Communications / public comment/ Adjourn/Meeting Schedule- Next meeting is October 2, 2019, at The Ritter Memorial Building 960 Mass Ave. The meeting adjourned by a motion of KJ and a second by CC at 10 PM. Note: All documents for hearings above are available for viewing at the commission of fice during normal business hours. ======================================================================================== DOCUMENT : 2019-09-25-agenda-6235.txt BOARD : conservation-commission DATE : 2019-09-25 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2019-09-25-agenda-6235.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_09252019-6235 ======================================================================================== ===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 Jeffrey Vivano, associate member NOTICE OF MEETING Ritter Memorial 960 Mass Ave September 25, 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 September 23, 2019 at 10:46 PM) Call to Order Continued Hearing: Pursuant to MGL ch 131, s 40 and Lunenburg Wetland Regulations section 335 , The Town of Lunenburg and the Lake Shirley Improvement Corp has filed a Notice of Intent for the approval of a lake management program for 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 second floor 17 Main Street at 7 PM on September 25, 2019. The public is invited to attend. General Item: Warrant Article submission for 842 Chase Road. Adjourn ======================================================================================== DOCUMENT : 2019-10-02-agenda-6223.txt BOARD : conservation-commission DATE : 2019-10-02 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2019-10-02-agenda-6223.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_10022019-6223 ======================================================================================== ===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 Jeffrey Vivano, associate member NOTICE OF MEETING 960 Mass Ave October 2, 2019 at 6:45 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 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 Pursuant to MGL ch 131, s 40,and Lunenburg Wetland Bylaw section 335 , Allan Comeau has filed a request for a determination Removal of Trees and shrubs on lot for a single family home with installation of a water, sewer, drain and a portion of driveway 75 feet away from wetland resource and a rolling Dock on water front lot at 240 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 960 Mass Ave, Lunenburg at 7 PM on October 2, 2019. The public is invited to attend. Pursuant to MGL ch 131, s 40,and Lunenburg Wetland Bylaw section 335 , David Seipold has filed a request for a determination for the construction of a detached garage within the 100 foot buffer zone at 951 New West Townsend Road.Application and supporting documents are available for review at the Conservation Commission office by calling 978 -582-4147 ext 431 by appointment. Emailing a PDF is also an option on request by emailing lcc@lunenburgonline, the meeting will take place at 960 Mass Ave, Lunenburg at 7 PM on October 2, 2019. The public is invited to attend. Pursuant to MGL ch 131, s 40,and Lunenburg Wetland Bylaw section 335 , Scott and Michelle Taylor has filed a Notice of Intent for a septic upgrade/repair for a single family home at 257 Howard Street. Application and supporting documents are available ===PAGE 2=== 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 960 Mass Ave, Lunenburg at 7 PM on October 2, 2019. The public is invited to attend. CONTINUED FROM PREVIOUS MEETING: Pursuant to MGL ch 131, s 40 and Section 239 of Lunenburg General By -law ( Wetland Bylaw) , 40 John Harrison has filed a Notice of Intent for the construction of a single family dwelling and grading to accommodate a septic system at 915 Northfield 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 960 Mass Ave, Lunenburg at 7 PM on October 2, 2019. The public is invited to attend. CONTINUED FROM PREVIOUS MEETING: Pursuant to MGL ch 131, s 40 and Section 239 of Lunenburg General By -law ( Wetland Bylaw) DPW has filed a Notice of Intent for the replacement of Culverts at Sunset Lane and Northfield Road. Applicati on 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 960 Mass Ave, Lunenburg at 7 PM on October 2, 2019. The public is invited to attend. CONTINUED FROM PREVIOUS MEETING Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public meeting on a 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 Ritter memorial Land Use Building at 960 Mass Ave. the meeting will take place at 960 Mass Ave, Lunenburg at 7 PM on October 2, 2019. The public is invited to attend. CONTINUED FROM PREVIOUS MEETING Pursuant to MGL ch 131, s 40 and Section 239 of Lunenburg General By-law ( Wetland Bylaw) Roberts G. Evans has filed a Notice of Intent for installation of a retaining wall within flood plain 4 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 960 Mass Ave, Lunenburg at 7 PM on October 2, 2019. The public is invited to attend. CONTINUED FROM PREVIOUS MEETING Pursuant to MGL ch 131, s 40 and Section 239 of Lunenburg General By -law ( Wetland Bylaw) Greco Alonso has filed a Notice of Intent for the remediation of riverfront and buffer zone at 260 Fallualah Road , Lunenburg and 100 Summer Street Lunenburg. 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 960 Mass Ave, Lunenburg at 7 PM on October 2, 2019. The public is invited to attend. CONTINUED FROM PREVIOUS MEETING Pursuant to MGL ch 131, s 40 and Lunenburg Wetland Regulations section 335 ,Shawn Farrow has filed a Request for a determination at 31 Round Road for the repair of a Boat ramp, addition of sand to an existing beach (not to expand) construction of retaining wall greater than 50 feet from Lake Shirley and a patio also 50 feet away from the lake but within the buffer zone. Application and supporting documents are available for review at the Conservation Commission office by calling 978-582-4147 ext 431 by appointment. Emailing a PDF is also an option on request by emailing lcc@lunenburgonline, the meeting will take place at 960 Mass Ave, Lunenburg at 7 PM on October 2, 2019. The public is invited to attend. CONTINUED FROM PREVIOUS MEETING Pursuant to MGL ch 131, s 40 and Lunenburg Wetland Regulations section 335 ,Susanne Delisle has filed a Request for a determination at 235 Island Road for Removal of six trees addition of understory plantings and removal of hazardous standing deadwood, removal of 500 ft.² of impervious surface, the replacement of 220 ft.² of impervious surface, the remainder to be replaced with the pervious surface. The replacement of failing steps and repair of walkway and the installation of a swimming pool within the buffer zone of a wetland resource area. Application and supporting documents are available for review at the Conservation Commission office by calling 978 -582-4147 ext 431 by appointment. Emailing a PDF is also an option on request by emailing lcc@lunenburgonline the meeting will take place at 960 Mass Ave, Lunenburg at 7 PM on October 2, 2019. The public is invited to attend. ===PAGE 3=== CONTINUED FROM PREVIOUS MEETING Pursuant to MGL ch 131, s 40 and Lunenburg Wetland Regulations section 335 The Town of Lunenburg and the Lake Shirley Improvement Corp has filed a Notice of Intent for the approval of a lake management program for 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 960 Mass Ave, Lunenburg at 7 PM on October 2, 2019. The public is invited to attend. ENFORCEMENT Violations (Enforcement Actions and Administrative Hearings). - 1. EO-110 Fire Road 12 ENF 2019-15 2. EO- Emerald Place Beach- update (if any) New Business - 842R Chase Road – Warrant Article REVISED REGULATION REVIEW IN ADAVANCE OF SECOND HEARING SCHEDULED FOR 10/16/19 Old Business - Work at the Small Town Forest-Potential Site visit Response from NEFCO Forest Stewardship/Bird Habitat planning for 123 Hollis Road Conservation Area – updates if any Land acquisition proposal , Saliba , Northfield Road ( # 994) Certificates of Compliance – 101 Pleasant Street – Request from Cathal Brady Extension Permit – Minutes of previous meetings - review Committee Reports – Any Updates Agents Report /Action Items :  Legal Updates and Requests / regulation review –( if any )  Open space and land and Trail use issues and strategies (if any)  Hickory Hills general updates  Communications / public comment/ Adjourn/Meeting Schedule- Next meeting is October 16, 2019, at the Bilotta Meeting Room- 17 Main Street Town Hall 7:00 PM ======================================================================================== DOCUMENT : 2019-10-02-minutes-6223.txt BOARD : conservation-commission DATE : 2019-10-02 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2019-10-02-minutes-6223.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_10022019-6223 ======================================================================================== ===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 Jeffrey Vivano, associate member MINUTES 960 Mass Ave October 2, 2019 at 6:45 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 acting Chairman Dwyer at 7 PM with a all members present . As Chairman Bursch was participating by remote, all votes were taken by roll call only. Announcements BP received a formal notice from the state concerning the grant forms forthcoming for the trails grant program the town won funding of. 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 Justin Boussoum of 48 Robbs Hill Road- spoke of his eagle scout project proposal at the pollinator habitat. He is looking for making a small crossing for a bridge. He presented plans. KJ met with the eagle scout candidate and spoke to the positives of the location of the trail and recommended it. BP moved to endorse the project. CL asked what was size of the area. Justin noted it is about a 10 to 12 foot span . KJ seconded the motion to endorse. Unanimously approved by Roll Call vote. Appointments/Hearings –commences at 7 PM Pursuant to MGL ch 131, s 40,and Lunenburg Wetland Bylaw section 335 , Allan Comeau has filed a request for a determination Removal of Trees and shrubs on lot for a single family home with installation of a water, sewer, drain and a portion of driveway 75 feet away from wetland resource and a rolling Dock on water front lot at 240 Prospect Street. Application and supporting documents are available for review at the Conservation Commission office by calling 978 -582-4147 ext 431 by appointment. ===PAGE 2=== Allan Comeau came into the meeting and presented his proposal to the commission. MM noted this was abutting a lot the commission previously approved and the dynamics of the lot are almost identical. MM noted the condition of the lot across the street. RB suggested a condition that the lake bank is not altered nor any vegetation other than what is needed. A negative determination was issued by a motion with the condition RB suggested of KJ and a second by CC. it was approved by a unanimous roll call vote. Emailing a PDF is also an option on request by emailing lcc@lunenburgonline, the meeting will take place at 960 Mass Ave, Lunenburg at 7 PM on October 2, 2019. The public is invited to attend. Pursuant to MGL ch 131, s 40,and Lunenburg Wetland Bylaw section 335 , David Seipold has filed a request for a determination for the construction of a detached garage within the 100 foot buffer zone at 951 New West Townsend Road.Application and supporting documents are available for review at the Conservation Commission office by calling 978 -582-4147 ext 431 by appointment. Emailing a PDF is also an option on request by emailing lcc@lunenburgonline, the meeting will take place at 960 Mass Ave, Lunenburg at 7 PM on October 2, 2019. The public is invited to attend. Mr. Siepold appeared and explained the basics of the project. CL requested to add buffer zone to the plans which was drawn in. RB asked about wetland. MM reviewed the wetland area and confirmed measurements on the plan. TD examined placement of erosion Control. CL moved for a negative determination. BP Seconded with erosion protection added and the motion was passed with a unanimous roll call vote. Pursuant to MGL ch 131, s 40,and Lunenburg Wetland Bylaw section 335 , Scott and Michelle Taylor has filed a Notice of Intent for a septic upgrade/repair for a single family home at 257 Howard 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 960 Mass Ave, Lunenburg at 7 PM on October 2, 2019. The public is invited to attend. Dan Proctor representing the applicant. He narrated the plan. TD noted the No Touch zone is 30 and not 35 feet and it should be corrected. TD examined the grading. TD requested erosion protection put to the 30 foot no touch zone. There will be some small brush removed. BOH did approve the project. RB requested perpetual demarcation of the 30 foot no touch. MM indicated a DEP number was issued. Motion for the 30 foot to be corrected and the erosion protection on the 30 foot by BP with a second by CC unanimous roll call vote to approve. CONTINUED FROM PREVIOUS MEETING: Pursuant to MGL ch 131, s 40 and Section 239 of Lunenburg General By -law ( Wetland Bylaw) , 40 John Harrison has filed a Notice of Intent for the construction of a single family dw elling and grading to accommodate a septic system at 915 Northfield 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 960 Mass Ave, Lunenburg at 7 PM on October 2, 2019. The public is invited to attend. John Harrison updated the plan commission indicated satisfied with revisions and is expecting a DEP number at any moment. The meeting was continued to October 16, 2019 at 7 PM by a motion of CL and a second by CC with a unanimous vote to approve. CONTINUED FROM PREVIOUS MEETING: Pursuant to MGL ch 131, s 40 and Section 239 of Lunenburg General By-law ( Wetland Bylaw) DPW has filed a Notice of Intent for the replacement of Culverts at Sunset Lane and Northfield Road. Applicati on 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 960 Mass Ave, Lunenburg at 7 PM on October 2, 2019. The public is invited to attend. ===PAGE 3=== MM noted the NOI is listed in the database , however there is no file number yet. BP moved to continue to 10/2 CC seconded and the commission voted to continue to 10/2/19 at 7 PM CONTINUED FROM PREVIOUS MEETING Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public meeting on a Notice of Intent by Nanci Bell for the replacement of an existing retai ning 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 Ritter memorial Land Use Building at 960 Mass Ave. the meeting will take place at 960 Mass Ave, Lunenburg at 7 PM on October 2, 2019. The public is invited to attend. Santiago Rosa appeared on behalf of the applicant and the commission asked for further information. The Commission continued by a motion of KJ and a second by CC with a unanimous vote. The meeting was continued to October 16, 2019 at 7 PM CONTINUED FROM PREVIOUS MEETING Pursuant to MGL ch 131, s 40 and Section 239 of Lunenburg General By-law ( Wetland Bylaw) Roberts G. Evans has filed a Notice of Intent for installation of a retaining wall within flood plain 4 Sunset Lane. Application and supporting documents are available for review at the Conservation Commission office by cal ling 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 960 Mass Ave, Lunenburg at 7 PM on October 2, 2019. The public is invited to attend. The Commission continued by a motion of KJ and a second by CC with a unanimous vote. The meeting was continued to October 16, 2019 at 7 PM CONTINUED FROM PREVIOUS MEETING Pursuant to MGL ch 131, s 40 and Section 239 of Lune nburg General By-law ( Wetland Bylaw) Greco Alonso has filed a Notice of Intent for the remediation of riverfront and buffer zone at 260 Fallualah R oad , Lunenburg and 100 Summer Street Lunenburg. Application and supporting documents are available for revi ew 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 960 Mass Ave, Lunenburg at 7 PM on October 2, 2019. The public is invited to attend. The Commission continued by a motion of KJ and a second by CC with a unanimous vote. The meeting was continued to October 16, 2019 at 7 PM CONTINUED FROM PREVIOUS MEETING Pursuant to MGL ch 131, s 40 and Lunenburg Wetland Regulations section 335 ,Shawn Farrow has filed a Request for a determination at 31 Round Road for the repair of a Boat ramp, addition of sand to an existing beach (not to expand) construction of retaining wall greater than 50 feet from Lake Shirley and a patio also 50 feet away from the lake but within the buffer zone. Application and supporting documents are available for review at the Conservation Commission office by calling 978-582-4147 ext 431 by appointment. Emailing a PDF is also an option on request by emailing lcc@lunenburgonline, the meeting will take place at 960 Mass Ave, Lunenburg at 7 PM on October 2, 2019. The public is invited to attend. Mr Farrow appeared with the changes requested to his plan. The commission spoke of issuing a Negative 3 determination boat ramp and sand with erosion protection. BP made motion for a negative determination with added wattles on boat ramp. CC seconded and the commission approved the motion by unanimous roll call in which RB abstains. CONTINUED FROM PREVIOUS MEETING Pursuant to MGL ch 131, s 40 and Lunenburg Wetland Regulations section 335 ,Susanne Delisle has filed a Request for a determination at 235 Island Road for Removal of six trees addition of understory plantings and removal of hazardous standing deadwood, removal of 500 ft.² of impervious surface, the replacement of 220 ft.² of impervious surface, the remainder to be replaced with the pervious surface. The replacement of failing steps and repair of walkway and the installation of a swimming pool within the buffer zone of a wetland resource area. Application and supporting documents are available for review at the Conservation Commission office by calling 978-582-4147 ext 431 by appointment. ===PAGE 4=== Emailing a PDF is also an option on request by emailing lcc@lunenburgonline the meeting will take place at 960 Mass Ave, Lunenburg at 7 PM on October 2, 2019. The public is invited to attend. ( NOTE RB RECUSED) Mark Bursch appeared before the commission. He proposed to remove brick pavers and some treesand place in enclosed porch within the center and 2 decks within either side with an inground pool greater than 50 feet. Pool dimension with concrete apron was examined. The commission wishes to examine the site. The meeting was continued to October 16, 2019 at 7 PM by a motion of BP and a second by CL with a unanimous vote. CONTINUED FROM PREVIOUS MEETING Pursuant to MGL ch 131, s 40 and Lunenburg Wetland Regulations section 335 The Town of Lunenburg and the Lake Shirley Improvement Corp has filed a Notice of Intent for the approval of a lake management program for 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 960 Mass Ave, Lunenburg at 7 PM on October 2, 2019. The public is invited to attend. Wendy Gendron appeared before the commission and presented her changes The meeting was continued to October 16, 2019 at 7 PM by a motion of BP and a second by CL with a unanimous vote. The Commission reviewed the proposed draft Order of Conditions. The LSIC was going to take the proposed revisions to the order and follow up with supplemental information for the commission. The meeting was continued to October 16, 2019 at 7 PM by a motion of BP and a second by CL with a unanimous vote. ENFORCEMENT Violations (Enforcement Actions and Administrative Hearings). - EO-110 Fire Road 12 ENF 2019-15 MM noted that the commission may wish to inspect the site as the owner has failed to appear. EO- Emerald Place Beach- update (if any) New Business - 842R Chase Road – Warrant Article MM noted that the proposed wording was submitted Timely for inclusion. REVISED REGULATION REVIEW IN ADAVANCE OF SECOND HEARING SCHEDULED FOR 10/16/19 RB reviewed the regulations and the proposed changes and had items to polish up in the draft. The official review is scheduled for 10.16 Old Business - Work at the Small Town Forest-Potential Site visit Response from NEFCO no update Forest Stewardship/Bird Habitat planning for 123 Hollis Road Conservation Area – updates if any no update ===PAGE 5=== Land acquisition proposal , Saliba , Northfield Road ( # 994) KJ updated the commission that the town Was officially awarded a grant from the commonwealth. Certificates of Compliance – 101 Pleasant Street – Request from Cathal Brady The commission approved a partial certificate of compliance with the condition the stabilization must be complete. By a motion of KJ and a second from CL with a nunaimous vote to approve. Extension Permit – Minutes of previous meetings - review Committee Reports – Any Updates Agents Report /Action Items :  Legal Updates and Requests / regulation review –( if any )  Open space and land and Trail use issues and strategies (if any)  Hickory Hills general updates  Communications / public comment/ Adjourn/Meeting Schedule- Next meeting is October 16, 2019, at the Bilotta Meeting Room- 17 Main Street Town Hall 7:00 PM ======================================================================================== DOCUMENT : 2019-10-16-agenda-6224.txt BOARD : conservation-commission DATE : 2019-10-16 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2019-10-16-agenda-6224.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_10162019-6224 ======================================================================================== ===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 Jeffrey Vivano, associate member NOTICE OF MEETING 17 Main Street 2nd Floor Bilotta Meeting Room October 16, 2019 at 7:00 PM In accordance with the requirements of the Open Meetings Law, please be advised that this meeting is being Audio/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 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 Pursuant to MGL ch 131, s 40,and Lunenburg Wetland Bylaw section 335 , Beauchmin Builders has filed a request for a determination for the installation of a driveway and water and sewer service lines at the outr edge of the buffer zone at 238 Prospect Street and a rolling dock on the waterfront of lake Whalom. 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 17 Main Street 2 nd Floor Lunenburg at 7 PM on October 16, 2019. The public is invited to attend. Pursuant to MGL ch 131, s 40,and Lunenburg Wetland Bylaw section 335 , James and Joann Lavoie have filed a request for a determination for the installation 10 feet of retaining wall and a repair of 8 feet of dock retaining wall at 152 Flynn 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 17 Main Street 2 nd Floor Lunenburg at 7 PM on October 16, 2019. The public is invited to attend. ===PAGE 2=== CONTINUED FROM PREVIOUS MEETING: Pursuant to MGL ch 131, s 40 and Section 239 of Lunenburg General By -law ( Wetland Bylaw) , 40 John Harrison has filed a Notice of Intent for the construction of a single family dwelling and grading to accommodate a septic system at 915 Northfield 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 960 Mass Ave, Lunenburg at 7 PM on October 2, 2019. The public is invited to attend. CONTINUED FROM PREVIOUS MEETING: Pursuant to MGL ch 131, s 40 and Section 239 of Lunenburg General By-law ( Wetland Bylaw) DPW has filed a Notice of Intent for the replacement of Culverts at Sunset Lane and Northfield Road. Applicati on and supporting documents are available for review at the Conservation Commission offi ce 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 960 Mass Ave, Lunenburg at 7 PM on October 2, 2019. The public is invited to attend. CONTINUED FROM PREVIOUS MEETING Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public meeting on a Notice of Intent by Nanci Bell for the replacement of a n 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 Ritter memorial Land Use Building at 960 Mass Ave. the meeting will take place at 960 Mass Ave, Lunenburg at 7 PM on October 2, 2019. The public is invited to attend. CONTINUED FROM PREVIOUS MEETING Pursuant to MGL ch 131, s 40 and Section 239 of Lunenburg General By -law ( Wetland Bylaw) Roberts G. Evans has filed a Notice of Intent for installation of a retaining wall within flood plain 4 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 960 Mass Ave, Lunenburg at 7 PM on October 2, 2019. The public is invited to attend. CONTINUED FROM PREVIOUS MEETING Pursuant to MGL ch 131, s 40 and Section 239 of Lunenburg General By-law ( Wetland Bylaw) Greco Alonso has filed a Notice of Intent for the remediation of riverfront and buffer zone at 260 Fallualah R oad , Lunenburg and 100 Summer Street Lunenburg. 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 960 Mass Ave, Lunenburg at 7 PM on October 2, 2019. The public is invited to attend. CONTINUED FROM PREVIOUS MEETING Pursuant to MGL ch 131, s 40 and Lunenburg Wetland Regulations section 335 Susanne Delisle has filed a Request for a determination at 235 Island Road for Removal of six trees addition of understory plantings and removal of hazardous standing deadwood, removal of 500 ft.² of impervious surface, the replacement of 220 ft.² of impervious surface, the remainder to be replaced with the pervious surface. The replacement of failing steps and repair of walkway and the installation of a swimming pool within the buffer zone of a wetland resource area. Application and supporting documents are available for review at the Conservation Commission office by calling 978-582-4147 ext 431 by appointment. Emailing a PDF is also an option on request by emailing lcc@lunenburgonline the meeting will take place at 960 Mass Ave, Lunenburg at 7 PM on October 2, 2019. The public is invited to attend. CONTINUED FROM PREVIOUS MEETING Pursuant to MGL ch 131, s 40 and Lunenburg Wetland Regulations section 335 The Town of Lunenburg and the Lake Shirley Improvement Corp has filed a Notice of I ntent for the approval of a lake management program for 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 960 Mass Ave, Lunenburg at 7 PM on October 2, 2019. The public is invited to attend. Conservation Commission will be holding a hearing for updating section 335 of the town by laws regarding the protection of wetlands. Supporting documents are available for review at the Conservation Commission office by calling 978 -582-4146 ext 431 by appointment. Emailing a PDF is also an option on request by emailing lcc@lunenburgonline, the meeting is scheduled October 16,2019 at 7 PM the Bilotta Meeting Room, Second Floor, Town Hall, 17 Main Street. The public is invited to attend.. ===PAGE 3=== ENFORCEMENT Violations (Enforcement Actions and Administrative Hearings). - 1. EO-110 Fire Road 12 ENF 2019-15 2. EO- Emerald Place Beach- update (if any) New Business - Old Business - Work at the Small Town Forest-Potential Site visit Response from NEFCO Forest Stewardship/Bird Habitat planning for 123 Hollis Road Conservation Area – updates if any Land acquisition proposal , Saliba , Northfield Road ( # 994) Certificates of Compliance – Butterfly Lane Lots 1,3,7 and Road Extension Permit – Minutes of previous meetings - review Committee Reports – Any Updates Agents Report /Action Items :  Legal Updates and Requests / regulation review –( if any )  Open space and land and Trail use issues and strategies (if any)  Hickory Hills general updates  LANDS grant workshop  MACC MEETING  Communications / public comment/ Adjourn/Meeting Schedule- Next meeting is November 6, 2019 at the Ritter Memorial building at 960 Mass Ave