# conservation-commission — 8 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 : 2019-10-16-minutes-6224.txt BOARD : conservation-commission DATE : 2019-10-16 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2019-10-16-minutes-6224.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_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 MINUTES 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. Call to Order The meeting was called to Order at 7 PM. CC arrived at 7:20 PM. All members in attendance, with RB and JR participating remotely- therefore all votes listed in the minutes are by roll call only. Announcements Public Comment 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 outer 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. Tim Beauchmin represented himself. He outlined the proposed work and its relationship to the buffer zone. There is also a doc he wishes to place on the lot across the street. TD noted that there was a gate on the property. Mr. Beauchmin indicated he will put in a new gate and likely a new section of fence. TD asked the applicant about the trees on the street line at prospect street. Mr. Beauchmin indicated that he will only clear what is needed. RB indicated that he felt 8 feet width was too wide. It was agreed to reduce the dock to the four feet width of vegetation. He also agreed to replace any trees cut. BP indicated due to the tires at the bottom of the dock, 4 feet may not be wide enough as the tires are a little wider. After closer examination it was determined 4 ===PAGE 2=== feet was wide enough. The public had no comment. A motion for a negative determination was made by CL and a second by TD with a unanimous vote to approve. Note CC appeared at the end of the hearing and was not able to participate 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 em ailing 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. James Lavoie appeared on his own behalf and outlined the project and the deficiency in the wall. The wall will be rebuilt 0nly a six foot section to correct the deficiency causing it to collapse. The second part of the proposal will call for large rocks to stabilize an area of the slope from the top of his rear yard down the section of slope going to the exiting dock. The rocks will generate stabilization. It was agreed extending the retaining wall would be removed from the request. The third section is a large pine that was struck by lighting and will need to come down. JR requested that the stump be left in place and only ground. The applicant stated that was his intention. JV asked if the wall will be a one day job to replace the section of the wall. The applicant noted he will have to add new loom and seed to replace area that died. CL indicated that he was pleased that the rock used for stabilization is being used. CL requested the plan concerning the boulders be updated. The applicant hand updated and singed the update. CL moved to issue a negative determination and the motion was approved unanimously. 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. John Harrison appeared and it was noted that all concerns were satisfied. RB wanted to note in the Order of Conditions that the driveway was not to traverse into the 50 foot zone. A motion was made to issue an Order of Conditions that the driveway was not to go into the 50 foot zone by KJ. CC seconded and the commission noted unanimously. 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. DPW Still has no DEP number. Continued to November 6 at the Ritter Building at 7 PM by a motion of BP and a second by CC with a unanimous vote to approve. ===PAGE 3=== ONTINUED 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. The new plans were examined. RB stated the marking of a material piles should be on the plans and a narrative outlining only sections of the wall over the winter. It was stated that the footing under the current wall will be left in tact and the replacement wall located on it. Any impact to the significant vegetation at the wall will be remediated. At CL’s requested dimensions from the house to the wall will be added to the print. Continue to November 6 at 7 PM. Motion by KJ and a second by CL 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) 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. Letter from GPR requesting a continuance while negotiating with the Storm family. Continued to November 6 at the Ritter Building at 7 PM by a motion of BP 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) 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. William Hannigan was present to represent the applicant. He outlined the history of the violation. The Leominster Conservation Commission was notified and they will work to echo the towns Order of Conditions. He outlined the construction of the original building and lot was prior to the river protection act. Mr. Hannigan then proceeded to exhibit historical ortho photos outlining the work that was completed prior to the river protection act and after the enactment of the river protection act. He also outlined the ownership history as part of the work has been completed on the FRA land and the MBTA property directly adjacent. Mr. Hannigan noted that the current principle business is replacement of manhole structures for Mass Highway. The site is currently used for old manhole product storage. The applicant is still in negotiations with the FRA on purchasing a section of the property. The Mean annual high water mark and wetland delineation was marked by Charles E. Caron Environmental. The proposal is to first install the erosion control and take the grindings and storage containers out and re-established. The area closest to the brook is proposed to be restored first as a priority. Mr Hannigan outlined the remaining approach to the wetland restoration. Mr. Hannigan noted that the redevelopment authority is in agreement with the restoration proposal. He outlined the total restoration. The FRA would eventually will move to develop the property and firming the riverfront numbers now could be useful to both the commission and the FRA in the future. ===PAGE 4=== Mr Hannigan reviewed the construction and mitigation sequence. He also proposed an invasive management. He also outlined the waivers to be requested. Mr Hannigan noted that a second NOI finishing the riverfront restoration phasing will be filed with FRA. BP wanted clarification as to who’s property the work is on. Mr. Hannigan outlined the property owners and signatories. JR asked about storage of fuel or hazardous chemicals in the two huts. The applicant indicated there are none stored in the huts. MM confirmed that he inspected the property and can verify there is none. RB inquired about timelines of phase one and phase two. He also inquired about the berms and why it would stop at a certain section of the properties edge. The MBTA owns the property and Mr Hannigan did not extend the berm onto it, however he will ask for the for permission. TD noted the final planting plan is proposed to happen during construction. TD requested if a draft planting plan could be drawn as a draft. Mr. Hannigan outlined Chuck Caron’s procedure. RB suggested a site walk. The date would be November 2 at 9 AM. TD noted that for the next meeting a draft planting plan and the results of the conversation with the MBTA regarding the construction of berm. Motion to continue to November 6 at 7 PM at the Ritter building at 960 Mass Ave by KJ and a second by Cl with a unanimous vote to approve. 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. Mark Bursch representing the applicant, outlined the site walk results. TD outlined his understanding of the reconfiguration. He noted the enclosed area originally proposed moving most of the work outside the 50-foot zone. He noted that the pool was outlined on the property and was outside the 50-foot zone. It was also noted that the impervious surface would be removed. BP recalled his site visit to the property and indicated he felt there was a net gain of new pervious surface. He also had no objection to removal of the trees. The applicant is willing to replace the trees with low shrubs. The locations of the 30 foot and the 100 foot should be added to the plans and the commission requested to not have any work in the 30 foot. A motion was made to continue to November 20, 2019 at the Bilotta meeting room 17 Main Street at 7 PM. The applicant will have plans prior to the site walk on 11/16/19 by Cl with a second by BP with a unanimous vote to approve the motion. 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. ===PAGE 5=== Wendy Gendron participating by remote. TD outlined the comments that were submitted by Ms. Gendron. The items were reviewed line by line and the items discussed only are in these minutes. RB and TD reviewed and made language suggestions to the second paragraph of the Local Boiler. In Item 2 CL suggested adding dam gate settings to the line. BP noted that it was discussed at the last meeting and the commissioners did not endorse the change. CL noted there was no vote, so he was bringing it back up. He pointed out that the relative information generated is also performed by the town dam keepers and it could be easily added. KJ noted regardless the data is public record. CL noted it was important to determining ice blockage of the gates. TD agrees with BP and the data is still obtainable. RB noted that stream flows are required to maintain a stream flow as required under the GEIR. Joanna Bilotta expressed a concern that the dates from October 1 to April 15 and is concerned that in the winter is impassible. KJ noted that if the setting isn’t changing then they wouldn’t need to go to the gate house. The parties agreed that it would be noted in the log. CL expressed having a December 31 deadline for the drawdown instead of December 1. BP goal of the drawdown is weed mitigation. The target is to have it drawn by December 1 to give it the time to have the bottom exposed to freezing temps. CL reiterated if left at December 1 and the rain is above normal they may need extra time. Attorney Bowen noted that it was his opinion there was comments submitted by LSIC and the procedure was clarified. Steve Bean asked about the extended drawdown times and clarified the language of the GEIR. RB expressed concern that a waiver to the 31st should be sought . It was agreed that the waiver would include coordination to the 31st between the commission administrator and DEP. JR asked how often the oxygen would be read in the winter. It was indicated that it would be once. Joel Swenson noted that as one of the volunteer indicated that winter testing was not desirable. CL requested that an additional condition be added that the lake can be drawn down 2 feet if there is open water during drawdown and the target level is not achievable by the approved deadlines. RB noted that a drawdown could be handled as an emergency certification per DEP. It was decided this would not be added. In line 5 the section added for remote participation was not necessary and will be removed. Item 7 RB expressed concerns about removing the prescriptive approval if the LCC agent is non responsive. Annual reporting CL asked for lake level data be added to the report. The word data was added to the line. Item 3 regarding the third party review may be required for a peer review. LSIC proposed striking it. TD read the justification by LSIC for their request . the suggestion that the item in line 4 language be added that an independent contractor other than the treatment applicator perform the post treatment survey and prepare the annual report and the annual report prepared by December 15 or the next business day. ===PAGE 6=== CL and RB expressed concern about item 6 allowing the commission. CL noted that similar language in similar language in Harvard. Attorney Bowen reviewed the bylaw and the commission indicated they had no objection and added the public hearing bylaw language regarding the LCC ability and process for changing the Order at any time.. CL moved to issue an OOC based on the amended boiler. CC seconded and the commission voted unanimously. 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.. The Commission reviewed the last minor change and requested public input. As there was none, BP motioned to approve and issue the revised regulations to the town clerk for publication. KJ seconded and the commission unanimously by roll call vote approved the motion. ENFORCEMENT Violations (Enforcement Actions and Administrative Hearings). - 1. EO-110 Fire Road 12 ENF 2019-15 Larry Oulette appeared before the commission and the previous Saturday site walk was reviewed by TD, and MM. The owner will pay an office visit to MM who will assist with the process of filing a request for a determination outlining all of the recommended work. The Commission allowed the cleanup work to continue with a motion by KJ and a second by BP with a unanimous vote to approve by roll call vote ratifying the enforcement order. 2. EO- Emerald Place Beach- update (if any) 3. ENF 2019-16 Town of Lunenburg- Tom Alonso of the Board of Selectmen appeared and MM informed him there was an illegal parking lot paved next to the wetland on town property at Fire road 12. He wil be sending and enforcement order. Mr. Alsonso noted that the BOS will address this issue with the resident(s) responsible. The enforcement Order was ratified by a motion of BP and a second by Cl with a unanimous roll call vote approving the motion. New Business - Commission approval of Funding for attendance at trails conference. The 40 dollars of funding was approved by a motion of CL and a second by CC with a unanimous roll call vote to approve the motion. 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 NONE Land acquisition proposal , Saliba , Northfield Road ( # 994) MM requested permission from the Con Com to use the trust finds to pay for the appraisal. KJ moved to approve the use of the trust funds using the smaller amounts first. CC seconded and the commission voted unanimously ===PAGE 7=== Certificates of Compliance – Butterfly Lane Lots 1,3,7 and Road The Commission approved the issuance for the lots by a motion of KJ and a second by CC with a unanimous vote to approve. CL requested a site walk for the roadway certificate to which will be considered on the next agenda. The consensus was to include it on the list for the November 2, 2019 site walks Extension Permit – Hickory Hill Lake management Order of Conditions – to be considered on November 6 Minutes of previous meetings - review The minutes of the October 2, 2109 meeting were approved by a motion of BP and a second by KJ 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 MM was notified that there would be a workshop on the awarded grants he know Brandon Kibbe will be attending and MM will also schedule dependant.  MACC MEETING MM and Cl will be attending the annual fall conference  Communications / public comment/ Adjourn/Meeting Schedule- Next meeting is November 6, 2019 at the Ritter Memorial building at 960 Mass Ave The meeting adjourned at 10:30 PM with a motion by KJ and a second by CC with a unanimous vote to adjourn by roll call. All documents and plans used in the decision making process in this meeting are available at the Conservation Commission office. PDF’s are available by request. ======================================================================================== DOCUMENT : 2019-11-06-agenda-6225.txt BOARD : conservation-commission DATE : 2019-11-06 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2019-11-06-agenda-6225.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_11062019-6225 ======================================================================================== ===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 November 6, 2019 at 7:00 PM In accordance with the requirements of the Open Meetings Law, please be advised that this meeting is being Audio Recorded. 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 Appointment: Request for a field change 120 Goodrich Street Appointment: Request for a field change 380 Sunset Lane Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public meeting on a request for a determination by Micke Dutton for the trimming and some removal of Brush at 54 Pine Acres Dr. 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 public is invited to attend. The meeting is at the Ritter memorial Building at 960 Mass Ave at 7 PM. Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a pub lic meeting on a Notice of Intent by Ray Rice for the addition of a garage to a single family home at 82 Cove Road. Application a nd 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 public is invited to attend. The meeting is at the Ritter mem orial Building at 960 Mass Ave at 7 PM. ===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 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 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. 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. ENFORCEMENT Violations (Enforcement Actions and Administrative Hearings). - 1. EO-110 Fire Road 12 ENF 2019-15- RDA filed for the November 20, 2019 meeting 2. EO- Town of Lunenburg Fire Road 12 ENF 2019-16 3. EO-164 Page Street - update 4. EO- Emerald Place Beach- update (if any) New Business - Hickory Hills, Yearly review of Drawdown. 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 Road way Extension Permit – Hickory Hill Lake management Order of Conditions 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  Hickory Hills /Lake Shirley- drawdown updates  MACC MEETING  Communications / public comment/ Adjourn/Meeting Schedule- Next meeting is November 20, 2019 at the Town Hall 17 Main Street Second Floor Bilotta Meeting Room. ======================================================================================== DOCUMENT : 2019-11-06-minutes-6225.txt BOARD : conservation-commission DATE : 2019-11-06 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2019-11-06-minutes-6225.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_11062019-6225 ======================================================================================== ===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 November 6, 2019 at 7:00 PM In accordance with the requirements of the Open Meetings Law, please be advised that this meeting is being Audio Recorded. 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 at 7 PM with Vice Chair Dwyer presiding. Chairman Bursch participated by remote therefore all votes in this meeting will roll call. CC CL BP and TD physically present. Announcements BP recounted his visit to the trails conference. 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 Appointment: Request for a field change 120 Goodrich Street Jack Maloney was present representing the owners. He informed the commission there is a new owner who wants to build a new configuration of the previously approved home and as such the location has changed slightly. BP noted there is a good deal of impervious surface will be eliminated. The rear yard is also slightly larger. TD examined the grading involved. RB examined that there was less disturbance. BP moved to approve as a field change. CL seconded and the commission unanimously approved. Appointment: Request for a field change 380 Sunset Lane – Alan Kulberg appeared representing himself as the owner . He noted the repair proved to be very expensive so the stair will be removed, wall will be in place and there will be grass planted in its place. TD noted that from the detail asked if lawn will be placed in the in fill area. Mr. Kullberg noted that yes there will be grass. RB asked about impacts to flood plain. IT was noted there was no flood plain impacts. A motion was made by BP to approve the filed change to extend the retaining wall over the exiting stair feature to create a continuous wall with the top foot of back fill being converted to lawn. CC seconded and the commission voted unanimously. CL abstained from voting. ===PAGE 2=== Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public meeting on a request for a determination by Micke Dutton for the trimming and some removal of Brush at 54 Pine Acres Dr. 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 public is invited to attend. The meeting is at the Ritter memorial Building at 9 60 Mass Ave at 7 PM. The commission continued the meeting to conduct a site visit by a motion of BO and a second by CC with a unanimou s vote approving the motion. 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 Ray Rice for the addition of a garage to a single family home at 82 Cove Road. Application a nd 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 public is invited to attend. The meeting is at the Ritter memorial Building at 960 Mass Ave at 7 PM. RB noted the pool being within the buffer zone not being shown previously the Notice of Intent will be amended. He also inquired as to the location of the line of the NHESP line was determined. Nicholas Pauling from GPR responded it was placed in by imagery. He outlined the plans of work consisting as an addition within an exiting gravel area. It was noted that the addition was within 40 feet from the wetland. He provided and narrated pictures for the conservation commission. TD confirmed the proposed garage will have a frost wall foundation. CL noted a concern that the structure was within 50 feet. TD opined that based on his site visit the area within 50 feet is being used for parking. He felt that the reminder instead of being ke pt as a sandy area the remainder of the that section of 50 foot no touch zone should be planted. BP asked if there was any difference in run off as a result of the garage. Nicholas noted there is a drip edge on the plans and explained the purpose of it. CL noted that the cur rent proposal is within 50 feet and how do we reconcile regulation. BP feels that the reason for the regulation was to prevent impervious from having a negative impact and if it is mitigated it meets the spirit. RB as ked if the parking area currently present was going to remain in place. Nicholas responded yes. He also noted the limit of work is 8 to 10 feet off the garage. RB asked about the potential of moving the garage east to remove it from the 50 foot no structure zone is there. RB noted the reas on for the no structure zone is in place to prevent creeping within the 50 foot zone. Nicholas requested if demarcation of the 30 foot is was an option and pulling the garage back would require a significant pullback. RB examined the moving of it. BP examined the proposed new placement of the house as would be required as is moved. TD suggested examining alternatives. BP asked if the parking could be vegetated to encourage remediation of the exiting gravel area as the vehicles would not be parked there and they would be in new garage. Nicholas asked if the disturbed area was remediated would that be amendable to the commission. TD noted personally it would be helpful to him. CL noted moving the garage as far back as possible and asking remediation be included as well. RB noted that there was a note of a section of wall being included. That will be added to the NOI. Steve Decampo an abutter noted that there were 2 structures not discussed and asked the commission as to how the relocation of the garage was going to affect. RB noted the temporary structure was within the NHESP line should be removed from the area as it was apparently constructed within the last year. Steve DeCampo requested if there was followup. The answer was yes. RB noted Maryann Dipinto should be included. BO moved to continue to November 20 at 7 PM CC seconded and the comm ission voted unanimously. 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 November 6, 2019. The public is invited to attend. ===PAGE 3=== Based on DEP comment the commission continued to conduct a site inspection by a motion of CC and a second of CL. CONTINUED FROM PREVIOUS MEETING Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg We tlands 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 o ffice 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 November 6, 2019. The public is invited to attend. The Commission moved to continue the hearing until November 20, 2019 with a motion by BP and a second by CC. 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 November 6, 2019. The public is invited to attend. Nicholas Pauling from GPR outlined the proposed changes to address both work on the abutters property and the concerns pf the commission with the goal of balancing the compensatory storage and maintaining the trees. Plantings were discussed at the property line. MM noted he was against the idea of using witch hazel. The wall is now proposed to be completed in order to address abutter concerns. There was a circular patio with permeable paver. CL inquired as to the nature of the pavers . BP would like to see a picture of the paver. RB noted the detail shows crushed stone. Nicholas noted that was for the drywell unit. RB requested a detail for the fire pit. CL stressed the space between pavers should have polymeric sand between the pavers to prevent the spaces from becoming plugged. TD noted that the placement of the fire it appears to be within 30 feet and should be re-examined. The 30 foot no touch zone should be added to the plans. Andrew Storm outlined the history of the tree removal. He noted the work is within their agreement. He also noted the conditions of allowing the use of the land. RB confirmed details on the plans. RB also noted that the Order of Conditions once appr oved should require the design plans for the wall to be specified as to who designed them. The commission moved to continued the meeting until November 20, 2019 at 7 PM by a motion of BP and a second by CC with a unanimous vote. 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 November 6 2019. The public is invited to attend. Bill Hannigan representing the applicant presented the planting plan and recounted the site walk. He noted that as a result of the site walk grading was reviewed and that it was determined the undulations would remain in place to reduce impacts that it was felt was not necessary. He recounted the areas and the measurements of restoration. CL asked about the differentiation between the areas that were disturbed prior to the rivers act. Bill Hannigan noted that attempting to differentiate when rest oration is involved is inefficient and it is more efficient to simply restore the entire 100 foot inner ripar ian zone. It would balance as some of the area restored was pre rivers act and some was post. TD inquired as to permanent demarcation. Bill Hannigan noted the berm outline on the plan and could add boulders in other areas for demarcation. MM noted he can work with the replanting plan. Doug Waters asked what the invasives were present . MM noted bittersweet. A standard Order of Conditions motion was made by BP and a second from CC. The motion was unanimously approved. ENFORCEMENT ===PAGE 4=== Violations (Enforcement Actions and Administrative Hearings). - 1. EO-110 Fire Road 12 ENF 2019-15- MM noted that the RDA has been filed for the November 20, 2019 meeting 2. EO- Town of Lunenburg Fire Road 12 ENF 2019-16 MM noted that there was an enforcement order hand delivered and one mailed to an abutting property owner his investigation determined was an involved party. He also is investing who did the paving and has sent an interrogatory to the area paving companies. 3. EO-164 Page Street MM recommended that the commission issue a letter requiring the owner to come to the 11/20/19 meeting for an administrative hearing. The commission approved this action by a motion of BP and a second by CC with a unanimous vote. 4. EO- Emerald Place Beach- No update on this issue. New Business - Hickory Hills, Yearly review of Drawdown. John fortune appeared before the commission to present his yearly collection of data. He outlined The amounts of weeds removed and the success of the shoreline sediment cleaning process. He noted that the secci dish readings were excellent. He also outline d the oxygen level measurements and the oxygen levels were excellent. He reviewed the water quality samples and where they were taken. He further reviewed the test results. It was noted the association will be retaining the services of a consultant and they expect to have someone hired by the end of the month. The purpose of the consultant will be to refine the programs currently in effect. He noted that the siphons have been started at the ok of MM. BP commented that there was a lake management order of conditions and the lake drawdown order of conditions. He thinks the drawdown order of conditions should be allowed to lapse as the new order coming from the forthcoming notice of intent could address both. 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 MM noted that he walked the property this morning for the annual inspection with north county land Trust. Land acquisition proposal , Saliba , Northfield Road ( # 994) It was noted the town meeting was present. BP noted that the local town meeting by law requires attendance of the chair or desi gnee. RB will be There for the 842 Chase Road item as well as the purchase. Certificates of Compliance – Butterfly Lane Road way The certificate was issued by a motion of CL and a second of CC with a unanimous vote of the commission. Extension Permit – Hickory Hill Lake management Order of Conditions The request for extension was granted for one year. This was granted by a motion of CL and a second by BP. Minutes of previous meetings - review BP moved to approve the minutes of the October 16, 2019 meeting . CC seconded and the commission approved the motion unanimously. Committee Reports – Any Updates BP reported the trails grant was signed by Heather and will be signed by the state for final approval and returned. It could take as long as 30 days. Agents Report /Action Items :  Legal Updates and Requests / regulation review –( if any )  Open space and land and Trail use issues and strategies (if any) MM requested signage be placed at the Robbs Hill property due to hunters with firearms inappropriately accessing the property. RB requested the signs also note that a notation concerning permission required by the Board of Selectmen . After discussion the commission decided to have the language state “ Bow Hunting only- firearms prohibited”  Hickory Hills general updates see items above.  Hickory Hills /Lake Shirley- drawdown updates see items above  MACC MEETING – MM noted that he and CL attended the meeting. CL will be sharing key points from the buffer zone class.  MM issued 3 emergency certifications for beaver dam removals at reservoir road (1063 and 650)and page street at the conservation land for emergency beaver dam removal , the certificates were ratified by a motion of PB and a second by CC with a unanimous vote.  Communications / public comment/ Adjourn/Meeting Schedule- Next meeting is November 20, 2019 at the Town Hall 17 Main Street Second Floor Bilotta Meeting Room. The meeting adjhourend at 9:15 PM by a motion of BP and a second of CL. Documents mentioned for the meeting are on file in the Conservation Commission office. ======================================================================================== DOCUMENT : 2019-11-19-agenda-6226.txt BOARD : conservation-commission DATE : 2019-11-19 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2019-11-19-agenda-6226.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_11192019-6226 ======================================================================================== ===PAGE 1=== ======================================================================================== DOCUMENT : 2019-12-04-agenda-6236.txt BOARD : conservation-commission DATE : 2019-12-04 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2019-12-04-agenda-6236.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_12042019-6236 ======================================================================================== ===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 December 4, 2019 Ritter Memorial Lane Use Building 960 Mass Ave, Lunenburg, MA 01462 7:00 PM In accordance with the requirements of the Open Meetings Law, please be advised that this meeting is being Audio Recorded. The agenda lists all the topics which may be discussed at the meeting and are those reasonably anticipated by the Chair. Votes may be taken as a result of these discussions. Not all items listed may in fact be discussed and other items not listed may also be brought up for discussion to the extent permitted by Open Meeting Law. AGENDA (revised 11/26/19 at 3:38 PM) 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 Appointment: Lunenburg Snow Riders Annual meeting with the conservation commission. The Conservation Commission will be holding a hearing on a request for a Determination by the Hickory hills Landowners Association for the following scope of work: 100 Hemlock Drive (Hemlock Beach) ,Causeway South Row Road – within right of way adjacent to 10 Sandy Cove Road, 60 South Row Road, Cove Road – within right of way adjacent to 8 Cove Road and 14 Cove Road, Hickory Hills Lake – access to site via 44 Hemlock Terrace,19 Island Road . The meeting will be held on December 4, 2019 in the Ritter Memorial Land Use Building at 960 Mass Ave at 7 PM. A pdf of this file is available by emailing lcc@lunenburgonline.com. The public is invited to attend The Conservation Commission will be holding a hearing on a request for a Determination by Peg Gorman of 66 Horizon Island Road for the replacement of a collapsed retaining wall. The meeting will be held in the Ritter Memorial Land Use Building at 960 Mass Ave at 7 PM. A pdf of this file is available by emailing lcc@lunenburgonline.com. The public is invited to attend ===PAGE 2=== CONTINUED FROM PREVIOUS MEETING: Pursuant to MGL ch 131, s 40,and Lunenburg Wetland Bylaw section 335 , David Gerry has filed a Notice of Intent for an addition with a deck to a single family home at 36 Peninsula Drive. Application and supporting documents are available for review at the Conservation Commission office b y calling 978-582-4147 ext 431 by appointment.. The meeting will be held on December 4, 2019 in the Ritter Memorial Land Use Building at 960 Mass Ave at 7 PM. A pdf of this file is available by emailing lcc@lunenburgonline.com. The public is invited to attend CONTINUED FROM PREVIOUS MEETING: Pursuant to MGL ch 131, s 40,and Lunenburg Wetland Bylaw section 335 , Steven Powell of 155 Reservoir Road Realty Trust has filed a Notice of Intent for the Construction o f a common driveway crossing for 2 single family lots at 41&47 Reservoir Road. Shirley Road. Application and supporting documents are available for review at th e Conservation Commission office by calling 978-582-4147 ext 431 by appointment. The meeting will be held on December 4, 2019 in the Ritter Memorial Land Use Building at 960 Mass Ave at 7 PM. A pdf of this file is available by emailing lcc@lunenburgonline.com. The public is invited to attend CONTINUED FROM PREVIOUS MEETING: Pursuant to MGL ch 131, s 40,and Lunenburg Wetland Bylaw section 335 , Myles Jenkin has filed a Notice of Intent for the repairing of 3 retaining walls and replacement of steps at 72 Hemlock Drive. Application and supporting documents are available for review at the Conservation Commission office by calling 978 -582-4147 ext 431 by appointment. The meeting will be held on December 4, 2019 in the Ritter Memorial Land Use Building at 960 Mass Ave at 7 PM. A pdf of this file is available by emailing lcc@lunenburgonline.com. 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 request for a determination by Micke Dutton for the trimming and some removal of Brush at 54 Pine Acres Dr. Application and supporting documents are available for review at the Conservation Commission office by calling 978-582-4147 ext 431 by appointment. The meeting will be held on December 4, 2019 in the Ritter Memorial Land Use Building at 960 Mass Ave at 7 PM. A pdf of this file is available by emailing lcc@lunenburgonline.com. 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. The meeting will be held on December 4, 2019 in the Ritter Memorial Land Use Building at 960 Mass Ave at 7 PM. A pdf of this file is available by emailing lcc@lunenburgonline.com. 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. The meeting will be held on December 4, 2019 in the Ritter Memorial Land Use Building at 960 Mass Ave at 7 PM. A pdf of this file is available by emailing lcc@lunenburgonline.com. 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 r eplacement 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.The meeting will be held on December 4, 2019 in the Ritter Memorial Land Use Building at 960 Mass Ave at 7 PM. A pdf of this file is available by emailing lcc@lunenburgonline.com. The public is invited to attend ENFORCEMENT ===PAGE 3=== Violations (Enforcement Actions and Administrative Hearings). 1. EO- Town of Lunenburg/ Tom WU Fire Road 12 ENF 2019-16 Administrative Hearing 2. EO-164 Page Street – Administrative Hearing 3. EO- 88 Mass Ave- Maki Enterprises – commencement of action 4. EO- Emerald Place Beach- update (to be made in the spring of 2020) New Business - Emergency permit request for drawdown LSIC 61 A disposition of land- 250 Howard Street Old Business - Signatures for PARC GRANT Land acquisition proposal , Saliba , Northfield Road ( # 994)- updates ( If any) Certificates of Compliance – Extension Permit –Minutes of previous meetings - review of November 20, 2019 minutes 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 (Plowing of Open space parking areas- Hollis Road))  Hickory Hills general updates  Hickory Hills /Lake Shirley- drawdown updates and gate operation for storm event on 11/24/19  Update on hunting Signage  Communications / public comment/ Adjourn/Meeting Schedule- Next meeting is December 18, 2019 at the Bilotta Meeting Room, 2nd Floor 17 Main Street at 7 PM ======================================================================================== DOCUMENT : 2019-12-04-minutes-6236.txt BOARD : conservation-commission DATE : 2019-12-04 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2019-12-04-minutes-6236.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_12042019-6236 ======================================================================================== ===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 December 4, 2019 Ritter Memorial Lane Use Building 960 Mass Ave, Lunenburg, MA 01462 7:00 PM In accordance with the requirements of the Open Meetings Law, please be advised that this meeting is being Audio Recorded. The agenda lists all the topics which may be discussed at the meeting and are those reasonably anticipated by the Chair. Votes may be taken as a result of these discussions. Not all items listed may in fact be discussed and other items not listed may also be brought up for discussion to the extent permitted by Open Meeting Law. Call to Order Chairman Bursch called to order at 7 PM. Members absent were , Messers Rabbit, Vivano. 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 Appointment: Lunenburg Snow Riders Annual meeting with the conservation commission.- Tom Bertram is here to discuss the annual report. He noted that there was a 56 hour total of volunteer work with trail maintenance. The bridge of the woodruf f property was completed. RB asked about a bridge in the Cowdery that was expressed to be put in. Me. Bertram explained that the goal still is to harvest some of the infected Hemlock and mill it into board on site, however has not been completed. Par t of the difficulty was finding sufficient hemlock. RB asked about using the Red Pine put in by the former WPA prior to World War 2. Tom noted the hemlock is more durable. BP noted we could examine the plan for the small town forest and we could examine any hemlock out there. RB noted that the commission has submitted 5 new applications for stewardship plans and that those areas can be evaluated as well. BP recounted a meeting with Mr. Bertram where the snow riders would be willing to help with the trails grant by transporting sign posts. Me Bertram presented a drawing of a trail on the Saliba property the commission is currently acquiring. The trail comes in from Old Farm Road and goes to the old stage coach road. It then goes to the developed property on Howard Street to New West Townsend Road. He asked for permission to continue to use the trails. RB noted that the Saliba property is still under acquisition and could be revisited once that is completed. RB wanted to know if the riders had permission form the stage coach trail. It was established it was town land however, there was cooperation with abutters to it. Mr. Bertram noted that we may have a need to out in a parking lot area for the grant . He volunteered to be of assistance. Paula Bertram reviewed the details of the potential parking areas previously discussed but the land acquisition committee. ===PAGE 2=== The Conservation Commission will be holding a hearing on a request for a Determination by the Hickory hills Landowners Association for the following scope of work: 100 Hemlock Drive (Hemlock Beach) ,Causeway South Row Road – within right of way adjacent to 10 Sandy Cove Road, 60 South Row Road, Cove Road – within right of way adjacent to 8 Cove Road and 14 Cove Road, Hickory Hills Lake – access to site via 44 Hemlock Terrace,19 Island Road . The meeting will be held on December 4, 2019 in the Ritter Memorial Land Use Building at 960 Mass Ave at 7 PM. A pdf of this file is available by emailing lcc@lunenburgonline.com. The public is invited to attend Paula Bertram appeared representing HHL. Doug Waters also appeared on behalf of HH.L Mrs. Bertram related the history of the plunge pool on Hemlock Drive. She noted there was still some erosion issues and was proposing to plant a rain garden adjacent to the plunge pool. She noted that part of the goal was to create a butterfly habitat. Mr Waters noted there was also a goal to restore the common beach at Hemlock Drive. They are looking to reclaim about 20 yards of sand that will either be spread on the beach or taken away. They are looking to place large stone s at the sides of the beach to prevent erosion. He further reviewed another planting area situated to function both as a rain garden and erosion preventor. RB inquired if there was going to be any work past the swing set. It was noted that area was still wooded. BP noted the site inspection revealed dimensions of the work may have appeared larger due to the draw down. KJ asked for the goal of depth . It was answered five feet. TD asked if there was contingency for ensuring the sand was not native soils. Mr. Waters committed to confer with MM. Mrs. Bertram recalled the algae bloom in Little Hickory. She reviewed the area with DPW and noted the source of the drainage. DPW recommended digging out the area of the outfall from the drainage source and construct a plunge pool. Rb asked what was structure 512. Mrs Bertram noted it is the outfall pipe from the catch basin. RB asked how large of a pool did DPW recommended. Mrs Bertram noted a 12 foot by 5 foot depth to be determined. RB asked to have DPW give a depth so we can have it in the record. Mrs Bertram also noted that DPW recommended the bottom of the plunge pool be left natural with some rip rap on the sides. The lotus removal on Hemlock Terrace was discussed. Mrs. Bertram noted to date that the seed pods and stems have been removed. The goal is to go in with an excavator and hand tools and remove from the rhizomes up. RB asked if there was boom curtain planned. Mrs. Bertram stated not as only the exposed areas during drawdown that will be removed. It was noted that the area was actually planted years ago and this is the only the second recorded infestation of American lotus in the commonwealth. The South Row Road erosion protection proposal has not been firmed up at this point in time. The HHL Consultant recommended a diversion trench to a plunge pool. The location proposed is between lots 73 and 74. Mr Waters reviewed maintenance of the main beach the proposal was to replace sand on the beac h. The sand area proposed is 10 feet above the high water mark with a thin coat. KJ noted the topo of the area was flat. RB ask ed what the condition of the area was now. It was noted it was rock and sand. Mark Bursch stated he feels the renovation is a good idea and some added sand is called for as what is also done in the town beach. BP noted that if you put only an inch of sand it may not be sufficient for recreation use by small children so he would not be opposed to the adding a thicker layer of sand. He and KJ noted it was a good distance away from the lake. Mark Bursch noted the majority of erosion comes form another side. The commission expressed no issues with 20 yards of sand. A motion for a negative determination with the added depths of the plunge pools from DPW and a 30 foot instead of a 20 foot rain garden by KJ with a second by CL and a unanimous vote to approve. The Conservation Commission will be holding a hearing on a request for a Determination by Peg Gorman of 66 Horizon Island Road for the replacement of a collapsed retaining wall. The meeting will be held in the Ritter Memorial Land Use Building at 960 Mass Ave at 7 PM. A pdf of this file is available by emailing lcc@lunenburgonline.com. The public is invited to attend Brett Ramsden represented the applicant. He provided the commission with a hand drawn plan showing the replacement of the existing wall. He noted the majority of the wall is collapsed. He indicated the existing will be removed, a crushed stone foundation will be placed in the current line. Some earth will be excavated to allow for an wider wall that will not come out into the lake a ny further and the remaining dimensions will be the same as existing. RE recounted the site visit and noted the poor condition of the current wall which needs replacing. KJ examined pictures of the existing conditions . It was noted there would be no vegetati on removal required to complete this project. KJ asked if the wooden retaining wall would be left in place. The answer was yes. RB requested a profile and a cross sectional detail added to the file. RB asked for erosion protection to be placed in. CL examined the proposed height and wall slope. Cl also asked if the surface behind the wall would be the same. The answer was yes. TD noted that there should be a note requiring like for like replanting. The commission continued the hearing by a motion of TD and a second by CC to the 18th of December at 7 PM at the Bilotta meeting room to allow for completed application and detail work. The vote to approve was unanimous. ===PAGE 3=== CONTINUED FROM PREVIOUS MEETING: Pursuant to MGL ch 131, s 40, and Lunenburg Wetland Bylaw section 335 , David Gerry has filed a Notice of Intent for an addition with a deck to a single family home at 36 Peninsula Drive. Application and supporting documents are available for review at the Conservation Commission office by calling 978 -582-4147 ext 431 by appointment.. The meeting will be held on December 4, 2019 in the Ritter Memorial Land Use Building at 960 Mass Ave at 7 PM. A pdf of this file is available by emailing lcc@lunenburgonline.com. The public is invited to attend Steve Marsden represented the applicant and recounted the history of the previous file by Mr Gerry. The new proposal is for a deck with the removal of the existing concrete stairs and apron. The new material will be all wood and sono tubes will be dug by hand . The 8 foot by 20 foot addition will have a foundation will have no vegetation required to be removed. RB reviewed the existing square footage of removed with one 16 square foot section remaining to access the crawl space for a total of 64 square feet of impervious. RB asked about the work within the 50 foot zone. Mr. Marsden noted the deck is off the ground and will not be impervious. RB also examined the need to add the extra stairs. Mr. Marsden had no issue with removing the extra stairs. The erosion protection will be wattles in the front of the house and the plans will be amended. KJ expressed the plan as drawn was fine and the erosion protection can be hand drawn in. TD and BP expressed agreement. CL noted that the commission was treating wooden decks as pervious. There was no public comment. KJ moved to approve the Notice of Intent with the hand markings for erosion protection and the section of walkway abandoned. BP seconded and the commission approved. Cl noted that there was an offset to the structure portion of the 50 foot no structure zone due to it being pervious. The motion was unanimously. CONTINUED FROM PREVIOUS MEETING: Pursuant to MGL ch 131, s 40,and Lunenburg Wetland Bylaw section 335 , Steven Powell of 155 Reservoir Road Realty Trust has filed a Notice of Intent for the Construction of a common driveway crossing for 2 single family lots at 41&47 Reservoir Road.. Application and supporting documents are available for review at the Conservatio n Commission office by calling 978-582-4147 ext 431 by appointment. The meeting will be held on December 4, 2019 in the Ritter Memorial Land Use Building at 960 Mass Ave at 7 PM. A pdf of this file is available by emailing lcc@lunenburgonline.com. The public is invited to attend Brian Marchetti represented the applicant and reviewed the plan changes with respect to the replication area and the culvert specifications. The culvert installation and the wetland replication location was examined. The timing of the construction of the crossing was examined. BP noted that he had no objection to the timing being during low water level. TD requested cross sectional details on the culvert, diversion techniques for the stream, footings details and language for dewatering as well as the limits of excavation. The commission continued to the December 18 th meeting at 7 PM at the Bilotta meeting room with a motion by TD and a second by CC with a unanimous vote to approve. CONTINUED FROM PREVIOUS MEETING: Pursuant to MGL ch 131, s 40,and Lunenburg Wetland Bylaw section 335 , Myles Jenkin has filed a Notice of Intent for the repairing of 3 retaining walls and replacement of steps at 72 Hemlock Drive. Application and supporting documents are available for review at the Conservation Commission office by calling 978-582-4147 ext 431 by appointment. The meeting will be held on December 4, 2019 in the Ritter Memorial Land Use Building at 960 Mass Ave at 7 PM. A pdf of this file is available by emailing lcc@lunenburgonline.com. The public is invited to attend Brett Ramsden represented the applicant. He presented the commission with updated drawings. He detailed the changes in the drawing of the upper wall. He outlined the details of the measurements from the house to the wall. He examined the details on the proposed grading refinements with the commission. RB examined the amount the applicant wished to come out in front of the old wall and it was stated it was 2 feet. RB stated reservations with grandfathering a the wall that was proposed in the water. He feels that the wall even if it was formerly there was an abandoned use. TD stated based on his observations of the site the foundation of the wall are still in place and as long as the measurements matches he has no issue with it. He also expressed some filling and grading details should be added to the plans. BP recalled the previous site walk and noted that some of the commissioners expressed satisfaction of the pre-existing wall and some did not. He feels comfortable with the application as presented. RB stated in his mind this situation is different as the remnants are not conclusive enough to the pre-existence and that there was another wall built in its place that is currently there now. He expressed reservations allowing a wall within an area that could be an additional intrusion into the lake. CL showed some pictures to the commission and feels that there is no evidence of a foundation for a former wall. TD noted that based on his experience as a professional engineer specializing in this type of issue and noted that he clearly saw level stones denoting a foundation of a wall. Based on his inspection he feels that he would be pulling material (stone) out of the wetland that had fallen in. Cl examined the proposed wall places with Mr Ramsden. KJ noted that if the wall was not built then the steps could not be built. RB repeated his concerns about a grandfathered wall. KJ ===PAGE 4=== examined the high water mark and determined that the reconstruction of the old wall would not displace the high water mark. KJ expressed that he is comfortable stating there is a wall there. KJ noted that this is a case by case basis. BP feels that we do this on a case by case basis and we do not want to be too rigid. RB feels that the wall in question was abandoned and we should be setting a precedent. KJ asked if there was a negative effect on the resource area. After some discussion he proposed leaving the rubble in front of the wall. After discussion it was noted that the wall is boulders with concrete in between the stones. TD feels that a cross sectional detail or a profile of the wall should be enclosed with the filing. CL expressed he should have details on the plans should be from an engineer. BP feels this project is an improvement. He pointed out the reduction in slope steepness and some reduction in impervious. MM noted the existing conditions plan by Ducharme and Dillis. TD stated we should add to that plan showing the heights, limits of work and cross sectional details as well as erosion protection and a construction schedule/ sequence. BP noted he asked at the last hearing when he would be able to do the work. He expressed concern of we have a weather event for the meeting on the 18th and it was cancelled another meeting wont be placed until the 15th of January. RB responded that this was filed in November and considering the time of year and the scope proposed, trying to expediate should not be a factor or in the best interests of the commission time line. BP asked if we could have a draft order written up. The commission had no issue with doing that. CL asked for a straw poll on the grandfathering of the wall. KJ, TD, CC, BP stated they were in favor of grand fathering ,RB and CL opposed the idea. TD and Mr Ramsden discussed the details he wanted. There was no public comment. The commission continued to the December 18th meeting at 7 PM at the Bilotta meeting room with a motion by KJ and a second by TD with a unanimous vote to approve. 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 request for a determination by Micke Dutton for the trimming and some removal of Brush at 54 Pine Acres Dr. Application and supporting documents are available for review at the Conservation Commission office by calling 978-582-4147 ext 431 by appointment. The meeting will be held on December 4, 2019 in the Ritter Memorial Land Use Building at 960 Mass Ave at 7 PM. A pdf of this file is available by emailing lcc@lunenburgonline.com. The public is invited to attend The commission continued to the December 18th meeting at 7 PM at the Bilotta meeting room with a motion by BP and a second by TD with a unanimous vote to approve. 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. The meeting will be held on December 4, 2019 in the Ritter Memorial Land Use Building at 960 Mass Ave at 7 PM. A pdf of this file is available by emailing lcc@lunenburgonline.com. The public is invited to attend RB recused himself from the meeting as Mark Bursch is the applicants representative. Vice Chair Dwyer presided. He showed the commission the scaled plan with the 30 and 50 and 100 foot zones. KJ examined the location of the swimming pool and noted that there would be no trees to be taken down for it. The tree removal was examined that it there was sufficient canopy remaining. KJ moved to approve the plans as presented with a negative determination. CC seconded and the commission voted unanimously 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. Application and supporting documents are available for review at the Conservation Commission office by calling 978 -582-4147 ext 431 by appointment. The meeting will be held on December 4, 2019 in the Ritter Memorial Land Use Building at 960 Mass Ave at 7 PM. A pdf of this file is available by emailing lcc@lunenburgonline.com. The public is invited to attend ===PAGE 5=== The commission continued to the December 18th meeting at 7 PM at the Bilotta meeting room with a motion by BP and a second by CC with a unanimous vote to approve. During the motion/discussion it was requested that Matt follow up with DPW to confirm action was ongoing to get the requested engineering report on the sizing of the Northfield culvert. 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 repla cement 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. The meeting will be held on December 4, 2019 in the Ritter Memorial Land Use Building at 960 Mass Ave at 7 PM. A pdf of this file is available by emailing lcc@lunenburgonline.com. The public is invited to attend The commission continued to the December 18th meeting at 7 PM at the Bilotta meeting room with a motion by CC and a second by BP with a unanimous vote to approve. ENFORCEMENT Violations (Enforcement Actions and Administrative Hearings). 1. EO- Town of Lunenburg Fire Road 12 ENF 2019-16 Administrative Hearing Heather Lemieux, Lunenburg Town Manager was present representing the town. RB noted the history of the issuance of the 2 enforcement orders. The Town Manager requested the enforcement order be rescinded as the town cannot take itself to court. She noted the town is going to take on the investigation. She will be working with MM and the police department on an investigation by the Board of Selectmen. TD asked if there was a timeline and there was none established as of yet. KJ noted that it was also an enforcement order issued against the town on the Pleasant Street site. RB pointed out that the law would require remediation by some party. BP noted he has no trouble lifting the order . He pointed out the town has started an official investigation. CL stated that the town could perhaps use the enforcement order as leverage. TD moved to rescind the enforcement order , however keep it under old business. The motion was defeated by a vote of TD and BP approving and CC,CL, RB, and KJ against. 2. EO-164 Page Street – Administrative Hearing -MM recommend a one time 100 dollar fine for failure to appear by a motion of BP and a second of KJ with a unanimous vote to approve. CL suggested that another request to attend the next meeting also be sent to the owner. 3. EO- 88 Mass Ave- Maki Enterprises – commencement of action- Alan Maki appeared on his behalf and brought in pictures and a plan of land showing the work he had done and his intentions to clean up the property which had fallen in disrepair. RB examined the property lines and potential future plans. It was determined that an RDA would suffice. The RDA is to be filed by May 1, 2020. TD recommended erosion protection around the pile of gravel or moving the pile. The Commission voted to continue the matter until May 1, 2020 with a motion from KJ and a second by TD with a unanimous vote to approve. 4. EO- Emerald Place Beach- update (to be made in the spring of 2020) New Business - 61 A disposition of land- 250 Howard Street- RB noted that this previous chapter 61 A release request did not perc and as such the sale fell through and is remaining in 61 A. He will send a letter to the owner to see if there was a desire to donate the land. LSIC- emergency permit- CL recused himself with the following public statement: “I am recusing myself from the discussion and vote on the LSIC request to continue the drawdown past December 1st. I want to make it clear that this matter differs from the other LSIC matters that have recently come before the Commission for which I have been allowed to participate by a vote of the BOS. In this case, as oppo sed to those, this decision, in my opinion could directly and immediately have a financial impact on me and is reasonably foreseeable. I have made a commitment to the BOS that if such a matter arose, that I would recuse myself and I feel this situation falls into that category and am hereby recusing myself in this specific instance and on this specific matter. ” ===PAGE 6=== RB recounted the conditions for allowing the draw down to go to December 31, 2019 and the drawdown history from the previous year and that DEP in conversation gave the condition that there not be ice on a majority of the lake. TD asked Steve Bean, LSIC Director and representative, if the lake was frozen? The answer was the majority was open. TD requested that DEP and Shirley be in agreement. RB noted that DEP has already given guidance. BP moved to approve the Emergency Certification CC seconded and the commission voted unanimously to approve. Old Business - Signatures for PARC GRANT Heather Lemieux Town Manager appeared before the commission for the signing of the grant. She presented the commission with the signature page previously approved. Land acquisition proposal , Saliba , Northfield Road ( # 994)- updates – MM presented the commission with the approval letter for the use of the trust funds for payment of the appraisal. Certificates of Compliance – Extension Permit –Minutes of previous meetings - review of November 20, 2019 minutes- Minutes were approved by a motion of BP moved to approve the minutes. JK seconded and the commission vote unanimously. Committee Reports – Any Updates Agents Report /Action Items :  Legal Updates and Requests / regulation review –MM noted proposed changes in DEP regulations regarding issuing Orders of Conditions versus DEP rights to intervene.  Open space and land and Trail use issues and strategies (Plowing of Open space parking areas- Hollis Road) MM asked if the commission would like to have the area plowed open the commission decided it was not efficient to do so and leave it as is.  Hollis Road- KJ noted there was an entity that wanted to donate to the Hawes account. He will check with Karen and work with Bob.  Hickory Hills general updates  Hickory Hills /Lake Shirley- drawdown updates and gate operation for storm event on 11/24/19 MM informed the commission that we had a rain event that required the gate to be opened.  Update on hunting Signage- MM noted the actual signage arrived in the office shortly before the holiday and will work with DPW to install. He is reviewing the budget to allow for purchasing the “NO ATV” signs.  Communications / public comment/ Adjourn/Meeting Schedule- Next meeting is December 18, 2019 at the Bilotta Meeting Room, 2nd Floor 17 Main Street at 7 PM The meeting was adjourned at 10:35 PM with a motion of BP and a second by KJ with a unanimous vote to approve the motion. Documents referred to in the minutes are on file at the commission office. ======================================================================================== DOCUMENT : 2019-12-18-agenda-6227.txt BOARD : conservation-commission DATE : 2019-12-18 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2019-12-18-agenda-6227.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_12182019-6227 ======================================================================================== ===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 December 18, 2019 Bilotta meeting room, 17 Main Street 2nd Floow 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 , John and Joanne Tanner have filed a Notice of Intent for a replacement septic system in the 100 foot buffer zone at 69 Kilburn Street. Application and supporting documents are available for review at the Conservation Commission office by calling 978 -582-4147 ext 431 by appointment. Emailing a PDF is also an option on request by emailing lcc@lunenburgonline, the meeting will take place at The Bilotta meeting room 17 Main Street 2nd Floor Lunenburg at 7 PM on December 18, 2019. The public is invited to attend. CONTINUED FROM PREVIOUS MEETING Pursuant to MGL ch 131, s 40,and Lunenburg Wetland Bylaw section 335 ,t he Conservation Commission will be holding a hearing on a request for a Determination by Peg Gorman of 66 Horizon Island Road for the replacement of a collapsed retaining wall. the meeting will take place at The Bilotta meeting room 17 Main Street 2 nd Floor Lunenburg at 7 PM on December 18, 2019. The public is invited to attend. CONTINUED FROM PREVIOUS MEETING: Pursuant to MGL ch 131, s 40,and Lunenburg Wetland Bylaw section 335 , Steven Powell of 155 Reservoir Road Realty Trust has filed a Notice of Intent for the Construction of a common driveway crossing for 2 single family lots at 41&47 Reservoir Road. Shirley Road. Application and supporti ng 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 17 Main Street 2 nd Floor Lunenburg at 7 PM on December 18, 2019. The public is invited to attend. CONTINUED FROM PREVIOUS MEETING: Pursuant to MGL ch 131, s 40,and Lunenburg Wetland Bylaw section 335 , Myles Jenkin has filed a Notice of Intent for the repairing of 3 retaining walls and replacement of steps at 72 Hemlock Drive. Application and supporting documents are available for review at the Conservation Commission office by calling 978 -582-4147 ext 431 by appointment. Emailing a PDF is also an option on request by emailing lcc@lunenburgonline, the meeting will take place at The Bilotta meeting room 17 Main Street 2nd Floor Lunenburg at 7 PM on December 18, 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 request for a determination by Micke Dutton for the trimming and some removal of Brush at 54 Pine Acres Dr. 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 December 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) 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 The Bilotta meeting room 17 Main Street 2nd Floor Lunenburg at 7 PM on December 18, 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 meeting will take place at The Bilotta meeting room 17 Main Street 2 nd Floor Lunenburg at 7 PM on December 18, 2019. The public is invited to attend. ENFORCEMENT Violations (Enforcement Actions and Administrative Hearings). 1. EO-164 Page Street – Continued actions 2. Hearing for potential noncompliance 228 West Street 3. EO- Emerald Place Beach- update (to be made in the spring of 2020) 4. EO- Town of Lunenburg Fire Road 12 ENF 2019 New Business - Update on Conservation Restriction- Steelers solar ( Attorney Bowen to represent ) Letter for the use of trust funds to pay for a 21 E for the Mckann Property. Old Business – Update on trails grant – status of contracts Land acquisition proposal , Saliba , Northfield Road ( # 994)- updates ( If any) Certificates of Compliance – Extension Permit –Minutes of previous meetings - review of December 4, 2019 minutes 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 Winter trails ===PAGE 3===  Hickory Hills general updates  Hickory Hills /Lake Shirley- drawdown updates  Update on hunting Signage  Communications / public comment/ Adjourn/Meeting Schedule- Next meeting is January 15, 2019 at the Ritter Memorial Land Use Building at 960 Mass Ave at 7 PM ======================================================================================== DOCUMENT : 2019-12-18-minutes-6227.txt BOARD : conservation-commission DATE : 2019-12-18 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2019-12-18-minutes-6227.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_12182019-6227 ======================================================================================== ===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 December 18, 2019 Bilotta meeting room, 17 Main Street 2nd Floow 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 at 7 PM by Chairman Dwyer. All in attendance except JV. RB is participating remotely and therefore all votes are taken by Roll call. Announcements -JR had submitted a Mullins form as a result of missing the previous meeting. 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 , John and Joanne Tanner have filed a Notice of Intent for a replacement septic system in the 100 foot buffer zone at 69 Kilburn Street. Application and supporting documents are available for review at the Conservation Commission office by calling 978 -582-4147 ext 431 by appointment. Emailing a PDF is also an option on request by emailing lcc@lunenburgonline, the meeting will take place at The Bilotta meeting room 17 Main Street 2nd Floor Lunenburg at 7 PM on December 18, 2019. The public is invited to attend. Dan Proctor appeared before the commission and narrated the project. RB asked about the grading and seeding. TD asked if the area was lawn currently. Mr. Proctor noted from the plan, the trees that would have to come down.He also noted the reason why the septic system had to be located where it is proposed. RB recommended demarcation of the 30 foot no touch zone. BP noted he felt it wasn’t necessary as there were trees between the work and the wetland. TD asked about the vegetation in the 30 foot no touch area and it was noted by the applicant to be wooded, and agreed to put posts with markers placed at the limits of the 30 foot zone. A motion to approve and Order of conditions made for 4 by 4 wooden posts to every 30 feet at the edge of development by BP with a second by JR and a unanimous roll call vote to approve the motion. ===PAGE 2=== CONTINUED FROM PREVIOUS MEETING Pursuant to MGL ch 131, s 40,and Lunenburg Wetland Bylaw section 335 ,the Conservation Commission will be holding a hearing on a request for a Determination by Peg Gorman of 66 Horizon Island Road for the replacement of a collapsed retaining wall. the meeting will take place at The Bilotta meeting room 17 Main Street 2nd Floor Lunenburg at 7 PM on December 18, 2019. The public is invited to attend. Brett Ramsden reviewed the plan and the changes to it that the commission recommended. He reviewed the cross sectional detail specification. He noted the wall will be in the same location. The commission expressed satisfaction with the detail provided. It was noted based on a question by TD that the wall was going to remain 3 feet in height. A motion for a negative determination was made by KJ and seconded by CL with a unanimous roll call vote to approve (JR Recused himself from the matter). CONTINUED FROM PREVIOUS MEETING: Pursuant to MGL ch 131, s 40,and Lunenburg Wetland Bylaw section 335 , Steven Powell of 155 Reservoir Road Realty Trust has filed a Notice of Intent for the Construction of a common driveway crossing for 2 single family lots at 41&47 Reservoir Road. Shirley Road. Application and supporting documents are available for review at th e 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 2nd Floor Lunenburg at 7 PM on December 18, 2019. The public is invited to attend. Brian Marchetti reviewed the updated information on the culvert and the culvert foundation for the crossing. He noted the size of the crossing and how it meets standards. He also noted that it would place the footing outside of the bank by a minimum of one foot. There will be a coir log between the excavation area and the limit of bank to both demarcate and provide erosion protection. Mr Marchetti outlined the construction technique for the crossing and culvert foundation. KJ clarified there was a 2 inch water service line on the plan for the utility work. JR reviewed the pavement crowning and storm water mitigation. The applicant agreed to add rip rap to both sides of the driveway at the crossing location. TD reviewed the dewatering protocol with the applicant. Mr Marchetti recommended for this site a sump at the upland side as it has well draining soils. RB suggested that the motion emphasize condition 40 on the local boiler plate. A motion was made adding condition 40 applicable to the dewatering for the crossing and rip rap added to the driveway wherever a slope reached 6 percent made by Cl and a second by KJ with a unanimous roll call vote to approve the motion. CONTINUED FROM PREVIOUS MEETING: Pursuant to MGL ch 131, s 40,and Lunenburg Wetland Bylaw section 335 , Myles Jenkin has filed a Notice of Intent for the repairing of 3 retaining walls and replacement of steps at 72 Hemlock Drive. Application and supporting documents are available for review at the Conservation Commission office by calling 978 -582-4147 ext 431 by appointment. Emailing a PDF is also an option on request by emailing lcc@lunenburgonline, the meeting will take place at The Bilotta meeting room 17 Main Street 2nd Floor Lunenburg at 7 PM on December 18, 2019. The public is invited to attend. Brett Ramsden was present and presented the commission with the revised plan by Ducharme and Dillis. He outlined the revisions and the specification of the construction and construction technique. He also provided a printed construction sequence. KJ feels the plan shows everything requested. RB noted a meeting with grandfathering and that town counsel stated that the wetland protection act or bylaw do not have grandfathering provisions. He noted that the outer remnant that is a foundation and attempting to re-establish the wall would be now filling the lake and flood plain. TD stated that the wall in his opinion is still largely intact and above the water and should be allowed to be reconstructed. RB felt that the wall was not above the high water mark and therefore was now a part of the lake. Mr Ramsden showed pictures to the commission contending that the a rea in debate was above the high water mark. BP felt that he would defer to TD’s experience in this matter as a retaining wall. JR noted that he feels the remnants of the wall still establish the property line and disagreed it would not be off the property.CL noted that he visited the site twice and felt it was a pure judgment call and feels it would be hard pressed to call it a wall and that in grandfathering, the structure should have to be there and the structure as it is now is simply not there anymore. KJ felt it would be appropriate to allow the wall. CC noted she would defer to TD’s expertise. RB noted that the engineers plan drawing shows the remnants of the old wall is below the water line and feels that it is working within the flood plain. MM noted that the plan does show the work is proposed within the marked flood plain and was concerned about flood plain filling. TD feels strongly that the entire foundation is intact. RB wanted to ensure that we have a point of reference to ensure it is not a substantial change or enlargement. CL noted that it is hard to establish exactly where the foundation is. TD noted that you could see the foundation exactly on site. CL felt that there is no clear documentation of where the foundation is. TD noted that the old foundation is noted on the plan. CL feels that intention is that the structure still needs to be in place. TD noted that we had other cas es where there ===PAGE 3=== were railroad ties that we used as an old historic line to reestablish the wall. BP feels everyone’s position is clear and the commission was repeating itself and should move on to a vote. There was no public comment. A motion was made for approving an order of conditions with the conditions that the face of the wall was staked and approved by the administrator and the sequence of work be added to the order. The vote was RB ,no, CL ,no. TD ,yes, CC ,yes, KJ ,yes, JR abstain, BP yes. The motion was approved as a roll call vote totaling 4 yes to 2 no’s with one abstention due to recusal. 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 request for a determination by Micke Dutton for the trimming and some removal of Brush at 54 Pine Acres Dr. 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 December 18, 2019. The public is invited to attend. BP noted that he recalled MM had indicated to the commission the applicant was elderly and could not make the meetings at night due to driving limitations . BP did reach out to the applicant and will be doing a site inspection Sunday afternoon and the brush is along the causeway and will take pictures and invite the commission to attend. KJ moved to continue to the billotta room on Jan 15, 2020 at 7 PM with a second by CL and a unanimous roll call vote to approve the motion. 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 17 Main Street 2nd Floor Lunenburg at 7 PM on December 18, 2019. The public is invited to attend. CC moved to continue to the billotta room on Jan 15, 2020 at 7 PM with a second by CC and a unanimous roll call vote to approve the motion. 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 meeting will take place at The Bilotta meeting room 17 Main Street 2 nd Floor Lunenburg at 7 PM on December 18, 2019. The public is invited to attend. KJ moved to continue to the billotta room on Jan 15, 2020 at 7 PM with a second by CL and a unanimous roll call vote to approve the motion. ENFORCEMENT Violations (Enforcement Actions and Administrative Hearings). 1. EO-164 Page Street – Continued actions- mm noted he did send the fine and the letter and still no appearance. CL moved to issue another 100 dollar fine JE seconded and the commission voted unanimously. 2. Hearing for potential noncompliance 228 West Street – Alan Specht appeared in front of the commission . He presented plans that were modified showing the lot has a 40 foot different in elevation. The commission reviewed drainage trenches that Mr Specht had added to the perimeter drain and was looking at constructing a raised bed. He showed the commission pictures of the melting and it was his contention that the water comes from different direction. MM outlined the changes in hydrology. He recommended that somehow the issues be addressed. JR noted that he felt there was a very wet fall. TD felt that the drains exacerbated the flow going into the wetland. BP feels that in order to remediate the issue the trenches should be ===PAGE 4=== removed. A motion was made for the owner to restore the perimeter drain, remove the trenchs and restore all to the original condition completed by June 1, 2020 with a notification by the owner to the administrator by BP with a second by CL and a unanimous roll call vote to approve with RB abstaining. 3. EO- Emerald Place Beach- update (to be made in the spring of 2020) 4. EO- Town of Lunenburg Fire Road 12 ENF 2019 – MM noted it is still under investigation by the police. 5. Northfield Road – 139 Northfield Road-MM noted there was a violation of a land clearing. It was minor. The commission decided to schedule a site inspection on May 16 2020 for the may 20, 2020 meeting. New Business - Update on Settler’s Crossing Conservation Restriction (CR) ( Attorney Bowen to represent ) Rob Bowen reviewed the CR and the plan as well as the baseline documentation. MM noted he reviewed the baseline document and rendered an opinion that it is accurate and complete. There was some back and forth between Attorney Bowen and Town Counsel. It was added into the new version provided to the commission at the meeting that adds a requirement of no hunting. The document has been approved by the current owner and the mortgage company. JR noted a restriction of motor vehicles and that there was a prior proactive of the commission to allow the use of snowmobiles within our open space and would that still be allowabl e. Attorney Bowen noted that the property owner does not want to allow snow mobiles. It was noted the property owner had concerns with the proximity of snow mobiles to the gold course. RB noted that this will remain private property and we should defer to the owner and was not sure it was within commission jurisdiction to regulate private property. RB expressed concerns that the policing of such should be left to the property owner. Attorney Bowen noted that as it is private property the respon sibility is the property owner. MM noted the value of keeping this property in a CR is a great environm ental value. Attorney Bowen was requesting a town approval on a preliminary basis in order to go the DEP. KJ moved to approve the CR as a draft and allow submission to the state a second by BP with a unanimous vote to approve. Mckann Property- BP reviewed the forestry account which is money to make improvements. He noted that some of the money was used to fund the 21 E study on the Mckann property and requested the commission approve the reimbursement of the forestry account with the trust funds. RB noted the money in the revolving account is not an interest bearing account and does not grow. He requested the commission consider the fact that the trust funds by nature of sitting there does grow. KJ moved to approve transferring of 1735 dollars from the trust funds to the forestry account. BP seconded and the commission voted unanimously by a roll call vote Old Business – Update on trails grant – status of contracts - BP noted that at the trails grant conference there was a trails grant to purchase a kayak dock. He researched the open space plan and noted specific requests fo r kayak access. He spoke to MM about the stump cove area and the parking area over at Fire Road 12 . He spoke about a potential parking area on reservoir road as well. KJ feels Stump cove should be good for a Kayak launch and CL agr eed it could support it. Land acquisition proposal, Saliba , Northfield Road ( # 994)- updates ( If any) – BP spoke of the potential parking area. Certificates of Compliance – Extension Permit –Minutes of previous meetings - review of December 4, 2019 minutes BP moved to approve the minutes. CC Seconded and the commission voted unanimously. Committee Reports – Any Updates KJ ensured that the pollinator habitat planting expense is eligible for payment from the Hollis Road Account. BP noted that his research indicated it is allowable. Agents Report /Action Items :  Legal Updates and Requests / regulation review –( if any )- MM specified the new regulations upcoming from DEP regarding appeal periods and will be investigating EDEP for registering issued orders of conditions. RB noted that the town e-file system should be active for Conservation in January of 2020  Open space and land and Trail use issues and strategies  Hickory Hills general updates MM noted the lake had done a successful drawdown however, the huge influx or rain and melted snow would required the siphons to be opened again ===PAGE 5===  Hickory Hills /Lake Shirley- drawdown updates MM noted that LSIC had started drawdown however the huge influx has made the process difficult. RB requested MM document to the town that Shirley Conservation has not yet finalized the order and did not allow any modifications of the dates. He reiterated he simply wanted it documented for the file  Update on hunting Signage _ MM has NO ATV signs coming from Voss  Communications / public comment/ Adjourn/Meeting Schedule- Next meeting is January 15, 2019 at the Ritter Memorial Land Use Building at 960 Mass Ave at 7 PM