# conservation-commission — 11 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 : 2020-09-02-minutes-6253.txt BOARD : conservation-commission DATE : 2020-09-02 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2020-09-02-minutes-6253.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_09022020-6253 ======================================================================================== ===PAGE 1=== Town of Lunenburg Conservation Commission Bob Pease, Chair Tel: (978) 582-4146 Kenneth Jones, Vice-Chair 960 Massachusetts Ave. Richard Bursch Lunenburg, MA 01462 Catie Childs Carl Luck Jack Rabbitt Matthew S. Marro, Todd Dwyer Conservation Administrator MINUTES September 2, 2020 7:00 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 Appointments: 1. Hickory Hills Presentation a. Dam maintenance and remediation – John Fortune appeared and reviewed the repairs both needed and required by the commonwealth. He outlined the activities and methods of those activities for repairs. He requested that the drawdown be moved up to Oct 1 st from Nov 1st. RB reviewed the principles for the drawdown and the rate of drawdown. He asked if the boards could be opened now. John fortune noted the state requirements were 3 inches a day and he felt getting the level down to 2 feet can be completed for 15 days. RB noted the 3 inches per day is based on the 11/1 start date and he felt doing a slower rate started early would allow for aquatic life to adjust. RB moved to approve the request and to do a slow as possible starting as early as possible to allow for depth. JR seconded . KJ asked for a revised schedule of drawdown and would this require a new board vote. Mr. Fortune noted that it would require a drawdown. Paula Bertram noted concerns with the Boat extraction with the moved up drawdown dates. She felt there were many potential negative impacts with, logistics. RB felt that the extensive communication network with the residents of the association should help to mitigate The commission voted unanimously by roll call to approve the motion. b. Lake Management updates Paula Bertram of Hickory Hills Landowners presented the commission with annual updates as required by the Order of Conditions. The restoration task force was the committee representing the lake. She recounted the chemical treatments and what they were intended for. She reviewed treatments for the weeds and algae. She also reviewed Algae testing that had occurred over last season and water quality testing. She outlined items that the consultant ESS will be examining for next season. CL asked if there was a survey that will enumerate what native species may have been harmed during the treatments. Mrs Bertram noted that ES will be generating a report from an August survey and that it could be compared to the Aug 2018 survey. CONTINUED Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Request for Determination of Applicability by Gary Williams for 99 Ruth Street will be held. Work propose d is ( Continued )the restoration for vegetation removal. also proposed ( New) is for the placement of a stairs and dock Application and 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, ===PAGE 2=== The meeting was continued to the September 16 meeting at the applicant’s request. MM noted that Bill Hanna gan is currently working on a Notice of Intent The meeting was continued to the September 16 meeting by a motion of CL and a second by TD with a unanimous roll call vote to approve. CONTINUED: Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Request for a determination by Andrew Leblanc for work at 362 Townsend Harbor Road will be held. Work proposed is the placement of a dock Application and 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 was continued at the applicants request to the September 16, 2020 meeting at 7 PM. The motion was made to continue by RB and a second by KJ with a unanimous vote to approve the motion by roll call. CONTINUED: Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Notice of Intent by Jamie and Merrill Blood for work at 1387 Mass Ave. will be held. Work proposed is the Construction of a deck, pool and a detached garage .The supporting documents is available for review at the Conservation Commission office by calling 978-582-4146 ext 431 by appointment. Brandon Ducharme appeared before the commission to present the changes Jr requested the discharge be hard piped. MM asked about using a cartridge filter system. There was discussion about the use of a cartridge filter and a hard discharge line. KJ felt there was no need to add this amount of regulations. CL had made an initial motion to approve with the addition of a cartridge filter and a hard line pipe and modified the motion to simply adding a hard piped discharge to the trench. This was seconded by JR. TD not ed that pumping out a pool is accomplished with a second pump and felt a motion directing the secon d pump discharge to the trench with no hard plumbing was sufficient. RB asked about a schedule for cleaning up the alterations by the wetlands. CL moved to approve the plan with the added condition that the back wash and drainage of the pool be directed to the trench. BP asked for suggestions of a date for the clean-up work. Jamie Blood noted that it would be completed by the end of September 2020. That was added to the motion by CL. JR seconded and the commission approved unanimously. CONTINUED: Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Notice of Intent by Joanne Magurn for work at 238 Fire Road 16 will be held. Work proposed is the Construction of a single family home, driveway, well and sewage disposal system with portions of the construction within the 100 foot buffer zone. Application and supporting documents are available for review at the Conservation Commission office by call ing 978-582-4146 ext 431 by appointment. Emailing a PDF is also an option on request by emailing lcc@lunenburgonline, Neil Gorman, Butch and Joanne Magurn appeared before the commission and presented the additional information request ed by the commission. Brian Butler presented the commission with an area of 2.3 acres at the leather leaf bog with the 30 foot no touch zone that would be restricted. Mr Butler reviewed and summarized the proposed impacts and the mitigation proposed by the applicants. He noted in the proposed CR the timber harvesting rights would also be subject to restriction. Mr. Gorman noted t he total impacts to all resource areas and buffers zones noting the square footages of proposed alterations and mitigation. Mr. Butler noted that the added impervious in total was very light compared to other developments of a similar nature. RB examined the disturbance proposed for driveway access and retaking wall within the no touch zone with the applicant. The compensatory storage was also examined. TD examined alternative crossing scenarios with the applicant. On alternative was a bridge. Mr Gorman note d that the size of the expanse was cost prohibitive and the construction of the driveway as proposed would not disturb any hydr aulic regime as a standard wetland crossing would. RB noted that alternative locations should be examined given the almost 1 acre o f disturbance proposed. RB noted that there seemed to be inconsistencies in the impacted area calculations that needed to be addressed. CL and JR indicated they wished to examine the tree areas. JR indicated he wanted rip rap potentially added to the sides of the proposed driveway. Robert Marchetti of 7 Oakes Landing in Shirley voiced support for the proposal as he feels th ey have put forth a great effort into the planning. JR moved to continue with a second by CL and a unanimous roll call vote to approv e the motion. ENFORCEMENT : Violations (Enforcement Actions and Administrative Hearings). NON 99 Ruth Street – update- see above EO- 183 Island Road- update Joe Obrien noted that the restriction was completed and is going to the office to MM as the attorneys have reached a redline agreement which will be considered at the next meeting. EO-32 Brookview Ave, Patricia Adams MM is awaiting the response due by the end of the month EO- Town of Lunenburg Fire Road 12 ENF 2019 Updates( If any)Legal to draft letter to resident NON – 232 Burrage Street – MM is having the drawings revised and is working to get the item on ===PAGE 3=== the Oct 7 agenda NON – 1275 Mass Ave- MM is working with Mr Flaggs office for the RDA NON - 9 Valley Road- Working on NOI with the owner. EO- 1672 Mass Ave – The owner has filed the Notice of Intent and is on the agenda for the next meeting EO – 788 Page Street – MM resent the enforcement order and is awaiting the deadline for a response to pass New Business – 61 A release request 250 Howard Street It was noted that Open space unanimously recommend to exercise right to purchase Old Business – Update on trails grant – status report, if any Certificates of Compliance – 675 Reservoir Road, - no action due to the commission awaiting the completed as built, Extension Permit – non to present Minutes of previous meetings - July 15 2020, August 19, 2020 The Commission deferred action until they have completed the review of the minutes Committee Reports – Any Updates Administrator’s Reports/action items: Administrators determination – Emergency Certifications for Sandy Cove Road and Peninsula Drive MM reviewed the issuance with the Commission. Open space and land and Trail use issues and strategies :  –Forestry Planning /Encroachment on town open space  Discussion on Land use policy and discussion of Saliba/ table rock management A motion was made by RB and a second by KJ to authorize BP to work with town counsel to have a volunteer help the commission with labor to perform some cleanup work on the entrance at Stage coach. Communications / public comment/ Adjourn : RB noted during a meeting of the planning board that statements made and part of the minutes should constitute part of an approval. - Meeting Schedule- Next meeting is September 16, 2020 at 7 PM Meeting adjourned at 10:30 by a motion of KJ and a second by TB with a unanimous roll call vote to approve the motion. ======================================================================================== DOCUMENT : 2020-09-14-agenda-6260.txt BOARD : conservation-commission DATE : 2020-09-14 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2020-09-14-agenda-6260.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_09142020-6260 ======================================================================================== ===PAGE 1=== Town of Lunenburg Conservation Commission Bob Pease, Chair Tel: (978) 582-4146 Kenneth Jones, Vice-Chair 960 Massachusetts Ave. Richard Bursch Lunenburg, MA 01462 Catie Childs Carl Luck Jack Rabbitt Matthew S. Marro, Jeffrey Viviano Conservation Administrator NOTICE OF MEETING November 14, 2020 – 9AM 123 Hollis Road On site – Social distancing applies AGENDA Call to Order 1.0 Site Walk with Gary Gouldrup to discuss forest management activities 2.0 Adjourn ======================================================================================== DOCUMENT : 2020-09-16-agenda-6254.txt BOARD : conservation-commission DATE : 2020-09-16 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2020-09-16-agenda-6254.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_09162020-6254 ======================================================================================== ===PAGE 1=== Town of Lunenburg Conservation Commission Bob Pease, Chair Tel: (978) 582-4146 Kenneth Jones, Vice-Chair 960 Massachusetts Ave. Richard Bursch Lunenburg, MA 01462 Catie Childs Carl Luck Jack Rabbitt Matthew S. Marro, Todd Dwyer Conservation Administrator NOTICE OF MEETING September 16, 2020 7:00 PM In accordance with the requirements of the Open Meeting Law, please be advised that this meeting is being recorded and broadcast over the Lunenburg Public Access channel at a future time. ( no live broadcast ) The Town of Lunenburg, in response to the COVID-19 (Corona Virus) is currently following the guidance from the Lunenburg Board of Health, Massachusetts Department of Public Health and the CDC regarding the virus and steps communities can take to prevent the spread and all town facilities are currently closed to the public. In accordance with the Governor’s Order Suspending Certain Provisions of the Open Meeting Law, G. L. c. 30A, § 20, all public meetings are being conducted remotely. This meeting will be found on the Lunenburg Access YouTube channel within 24 hours after the meeting. To Participate Remotely on Zoom members of the public may use cell phones, tablets or computers with audio and video capabilities. The Zoom Meeting ID is Join Zoom Meeting https://us02web.zoom.us/j/83989730432 Meeting ID: 839 8973 0432 One tap mobile +13462487799,,83989730432# US (Houston) +16699006833,,83989730432# US (San Jose) No participant ID is needed, just press # when asked. All participants who are not members of the commission or staff will be muted by the chair. Computer and app users may use the “raise hand” feature to request to speak. To access the raise hand feature, open the participant list by clicking on participants. To raise your hand, click on the button at the bottom of the participant list. The chair will call on you and unmute you. Telephone audio users may dial star 9 to request to speak after joining the meeting. Members of the public must give their name and address before they begin speaking. Please direct all comments to the chair. If you have trouble accessing zoom or have general questions you can send an email to lcc@lunenburgonline.com during the meeting. Emails containing questions or comments that are to be read aloud at the meeting must be signed with full name, address and phone number. Please be aware that if you are using video, other people will be able to see you and that anything that is broadcast will be 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. Each vote taken in this meeting will be conducted by roll call vote. ===PAGE 2=== 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 7.1 Lunenburg Water Department/Tanner Cole- Stormwater issues at Mass Ave. Pursuant to MGL ch. 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Determination of Applicability by Keolis will be held. Work proposed is vegetation management on various rights of way within the town of Lunenburg for Railways. The supporting documents are available for review at the Conservation Commissi on 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 September 16, 2020 by zoom remote Zoom information will be published on the town calendar on September 14, 2020. Pursuant to MGL ch. 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Notice of Intent by john Harrison for work at 915 Northfield Rd. will be held. Work proposed is the construction of a driveway to accommodate a single family. The supporting documents is 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 September 16, 2020 by zoom remote Zoom information will be published on the town calendar on September 14, 2020. Pursuant to MGL ch. 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Notice of Intent by Mike Richard and Rhonda Lisio for work at 181 Reservoir Road. will be held. Work proposed is the construction of a detached garage. The supporting documents is available for r eview 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 September 16, 2020 by zoom remote Zoom information will be published on the town calendar on September 14, 2020. Pursuant to MGL ch. 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Notice of Intent by Jeff LaPierre for work at 1672 Mass Ave. will be held. Work proposed is rebuild of an existing shed, grading of existing lawn, repair of a retaining wall, removal of a tree and the rep aving of a driveway with gravel. The supporting documents is 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 September 16, 2020 by zoom remote Zoom information will be published on the town calendar on September 14, 2020. CONTINUED Pursuant to MGL ch. 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaw s a public hearing on a Request for Determination of Applicability by Gary Williams for 99 Ruth Street will be held. Work propose d is ( Continued )the restoration for vegetation removal. Also proposed ( New) is for the placement of a stairs and dock Application and 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 September 16, 2020 by zoom remote Zoom information will be published on the town calendar on September 14, 2020. CONTINUED: Pursuant to MGL ch. 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Request for a determination by Andrew Leblanc for work at 362 Townsend Harbor Road will be held. Work proposed is the placement of a dock Application and 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 September 16, 2020 by zoom remote Zoom information will be published on the town calendar on September 14, 2020. CONTINUED: Pursuant to MGL ch. 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Notice of Intent by Joanne Magurn for work at 238 Fire Road 16 will be held. Work proposed is the ===PAGE 3=== Construction of a single family home, driveway, well and sewage disposal system with portions of the construction within the 100 foot buffer zone. Application and supporting documents are available for review at the Conservation Commission office by call ing 978-582-4146 ext 431 by appointment. Emailing a PDF is also an option on request by emailing lcc@lunenburgonline, the meeting is scheduled September 16, 2020 by zoom remote Zoom information will be published on the town calendar on September 14, 2020. Pursuant to the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Notice of Intent by Bright F arm will be held for work at 361 Mass Ave. Work proposed is the construction of a commercial greenhouse ( Lettuce) resulting in alteration of an isolated wetland subject to the Lunenburg Wetlands bylaw.. The supporting are available for review at the Conservation Commission office by calling 978-582-4147 ext. 431 by appointment. Emailing a PDF is also an option on request by emailing lcc@lunenburgonline, the meeting is scheduled September 16, 2020 by zoom remote Zoom information will be published on the town calendar on September 14, 2020. ENFORCEMENT : Violations (Enforcement Actions and Administrative Hearings). NON 99 Ruth Street – update EO- 183 Island Road- update EO-32 Brookview Ave, Patricia Adams EO- Town of Lunenburg Fire Road 12 ENF 2019 Updates( If any) NON - 9 Valley Road- Working on NOI EO- 1672 Mass Ave EO – 788 Page Street EO- 4 Townsend Harbor Road New Business – Town Warrant Discussion 61 A release request 250 Howard Street Old Business – Update on trails grant – status report, if any. Certificates of Compliance – 20 Fire Road 19. Extension Permit – none to present Minutes of previous meetings - July 15 2020, August 19, 2020 September 2, 2020. Committee Reports – Any Updates Administrator’s Reports/action items: Administrators determination – Emergency Certifications for Sandy Cove Road and Peninsula Drive Open space and land and Trail use issues and strategies :  –Forestry Planning /Encroachment on town open space  Discussion on Land use policy and discussion of Saliba/ table rock management Communications / public comment/ Adjourn - Meeting Schedule- Next meeting is October 7, 2020 at 7 PM ======================================================================================== DOCUMENT : 2020-09-16-minutes-6254.txt BOARD : conservation-commission DATE : 2020-09-16 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2020-09-16-minutes-6254.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_09162020-6254 ======================================================================================== ===PAGE 1=== Town of Lunenburg Conservation Commission Bob Pease, Chair Tel: (978) 582-4146 Kenneth Jones, Vice-Chair 960 Massachusetts Ave. Richard Bursch Lunenburg, MA 01462 Catie Childs Carl Luck Jack Rabbitt Matthew S. Marro, Todd Dwyer Conservation Administrator MINUTES September 16, 2020 7:00 PM NOTE : ACTING HARIMAN KENNETH JONES DECLARED THE MEETING RESCHUEDULED TO SEPTEMBER 23, 2020 , 7PM at 7:25 PM due to the lack of a quorum and technical issues surrounding zoom. All business listed below was moved to the meeting of 9/23/2020 Call to Order Announcements Public Comment Comments are to be limited to 3 minutes and on a subject matter under the direct jurisdiction of the commission. Comments about current agenda items are to be made during the comment period of the specific agenda item Appointments/Hearings –commences at 7 PM 7.1 Lunenburg Water Department/Tanner Cole- Stormwater issues at Mass Ave. Pursuant to MGL ch. 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Determination of Applicability by Keolis will be held. Work proposed is vegetation management on various rights of way within the town of Lunenburg for Railways. The supporting documents are available for review at the Conservation Commissi on 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 September 16, 2020 by zoom remote Zoom information will be published on the town calendar on September 14, 2020. Pursuant to MGL ch. 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Notice of Intent by john Harrison for work at 915 Northfield Rd. will be held. Work proposed is the construction of a driveway to accommodate a single family. The supporting documents is available for review at the Conservation Commission off ice 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 September 16, 2020 by zoom remote Zoom informatio n will be published on the town calendar on September 14, 2020. Pursuant to MGL ch. 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Notice of Intent by Mike Richard and Rhonda Lisio for work at 181 Reservoir Road. will be held. Work proposed is the construction of a detached garage. The supporting documents is 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 September 16, 2020 by zoom remote Zoom information will be published on the town calendar on September 14, 2020. Pursuant to MGL ch. 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public ===PAGE 2=== hearing on a Notice of Intent by Jeff LaPierre for work at 1672 Mass Ave. will be held. Work proposed is rebuild of an existi ng shed, grading of existing lawn, repair of a retaining wall, removal of a tree and the repaving of a driveway with gravel. The supporting documents is 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 September 16, 2020 by zoom remote Zoom information will be published on the town calendar on September 14, 2020. CONTINUED Pursuant to MGL ch. 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Request for Determination of Applicability by Gary Williams for 99 Ruth Street will be held. Work propose d is ( Continued )the restoration for vegetation removal. Also proposed ( New) is for the placement of a stairs and dock Application and 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 September 16, 2020 by zoom remote Zoom information will be published on the town calendar on September 14, 2020. CONTINUED: Pursuant to MGL ch. 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Request for a determination by Andrew Leblanc for work at 362 Townsend Harbor Road will be held. Work proposed is the placement of a dock Application and 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 September 16, 2020 by zoom remote Zoom information will be published on the town calendar on September 14, 2020. CONTINUED: Pursuant to MGL ch. 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Notice of Intent by Joanne Magurn for work at 238 Fire Road 16 will be held. Work proposed is the Construction of a single family home, driveway, well and sewage disposal system with portions of the constructio n within the 100 foot buffer zone. Application and supporting documents are available for review at the Conservation Commission office by call ing 978-582-4146 ext 431 by appointment. Emailing a PDF is also an option on request by emailing lcc@lunenburgonline, the meeting is scheduled September 16, 2020 by zoom remote Zoom information will be published on the town calendar on September 14, 2020. Pursuant to the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Notice of Intent by Bright Farm will be held for work at 361 Mass Ave. Work proposed is the construction of a commercial greenhouse ( Lettuce) resulting in alteration of an isolated wetland subject to the Lunenburg Wetlands bylaw.. The supporting are available for review at the Conservation Commission office by calling 978-582-4147 ext. 431 by appointment. Emailing a PDF is also an option on request by emailing lcc@lunenburgonline, the meeting is scheduled September 16, 2020 by zoom remote Zoom information will be published on the town calendar on September 14, 2020. ENFORCEMENT : Violations (Enforcement Actions and Administrative Hearings). NON 99 Ruth Street – update EO- 183 Island Road- update EO-32 Brookview Ave, Patricia Adams EO- Town of Lunenburg Fire Road 12 ENF 2019 Updates( If any) NON - 9 Valley Road- Working on NOI EO- 1672 Mass Ave EO – 788 Page Street EO- 4 Townsend Harbor Road New Business – Town Warrant Discussion 61 A release request 250 Howard Street Old Business – Update on trails grant – status report, if any. Certificates of Compliance – 20 Fire Road 19. Extension Permit – none to present Minutes of previous meetings - July 15 2020, August 19, 2020 September 2, 2020. Committee Reports – Any Updates ===PAGE 3=== Administrator’s Reports/action items: Administrators determination – Emergency Certifications for Sandy Cove Road and Peninsula Drive Open space and land and Trail use issues and strategies :  –Forestry Planning /Encroachment on town open space  Discussion on Land use policy and discussion of Saliba/ table rock management ======================================================================================== DOCUMENT : 2020-09-23-agenda-6255.txt BOARD : conservation-commission DATE : 2020-09-23 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2020-09-23-agenda-6255.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_09232020-6255 ======================================================================================== ===PAGE 1=== Town of Lunenburg Conservation Commission Bob Pease, Chair Tel: (978) 582-4146 Kenneth Jones, Vice-Chair 960 Massachusetts Ave. Richard Bursch Lunenburg, MA 01462 Catie Childs Carl Luck Jack Rabbitt Matthew S. Marro, Todd Dwyer Conservation Administrator NOTICE OF MEETING September 23, 2020 –rescheduled from 9/16/2020 7:00 PM In accordance with the requirements of the Open Meeting Law, please be advised that this meeting is being recorded and broadcast over the Lunenburg Public Access channel at a future time. ( no live broadcast ) The Town of Lunenburg, in response to the COVID-19 (Corona Virus) is currently following the guidance from the Lunenburg Board of Health, Massachusetts Department of Public Health and the CDC regarding the virus and steps communities can take to prevent the spread and all town facilities are currently closed to the public. In accordance with the Governor’s Order Suspending Certain Provisions of the Open Meeting Law, G. L. c. 30A, § 20, all public meetings are being conducted remotely. This meeting will be found on the Lunenburg Access YouTube channel within 24 hours after the meeting. To Participate Remotely on Zoom members of the public may use cell phones, tablets or computers with audio and video capabilities. The Zoom Meeting ID is Start: 09/23/2020 7:00 pm End: 09/23/2020 10:59 pm Summary: Conservation Commission Description: Join Zoom Meeting https://us02web.zoom.us/j/81842765397 Meeting ID: 818 4276 5397 One tap mobile +13017158592,,81842765397# US (Germantown) +13126266799,,81842765397# US (Chicago) Dial by your location 888 475 4499 US Toll-free 877 853 5257 US Toll-free Meeting ID: 818 4276 5397 Find your local number: https://us02web.zoom.us/u/kBNqf6Dr4 No participant ID is needed, just press # when asked. All participants who are not members of the commission or staff will be muted by the chair. Computer and app users may use the “raise hand” feature to request to speak. To access the raise hand feature, open the participant list by clicking on participants. To raise your hand, click on the button at the bottom of the participant list. The chair will call on you and unmute you. Telephone audio users may dial star 9 to request to speak after joining the meeting. Members of the public must give their name and address before they begin speaking. Please direct all comments to the chair. ===PAGE 2=== If you have trouble accessing zoom or have general questions you can send an email to lcc@lunenburgonline.com during the meeting. Emails containing questions or comments that are to be read aloud at the meeting must be signed with full name, address and phone number. Please be aware that if you are using video, other people will be able to see you and that anything that is broadcast will be 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. Each vote taken in this meeting will be conducted by roll call vote. 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 7.1 Deed Restriction final version- EO- 183 Island Road - update 7.2 Lunenburg Water Department/Tanner Cole - Stormwater issues at Mass Ave. Pursuant to MGL ch. 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Notice of Intent by Mike Richard and Rhonda Lisio for work at 181 Reservoir Road. will be held. Work proposed is the construction of a detached garage. The supporting documents is available for r eview 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 September 23, 2020 by zoom remote Zoom information will be published on the town calendar by September 21, 2020. Pursuant to MGL ch. 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Determination of Applicability by Keolis will be held. Work proposed is vegetation management on various rights of way within the town of Lunenburg for Railways. The supporting documents are available for review at the Conservation Commissi on 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 September 23, 2020 by zoom remote Zoom information will be published on the town calendar by September 21, 2020. Pursuant to MGL ch. 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Notice of Intent by John Harrison for work at 915 Northfield Rd. will be held. Work proposed is the construction of a driveway to accommodate a single family. The supporting documents is 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 September 23, 2020 by zoom remote Zoom information will be published on the town calendar by September 21, 2020. Pursuant to MGL ch. 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Notice of Intent by Jeff LaPierre for work at 1672 Mass Ave. will be held. Work proposed is rebuild of an existing shed, grading of existing lawn, repair of a retaining wall, removal of a tree and the rep aving of a driveway with gravel. The supporting documents is 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 September 23, 2020 by zoom remote Zoom information will be published on the town calendar by September 21, 2020. Pursuant to the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Notice of Intent by Bright F arm will be held for work at 361 Mass Ave. Work proposed is the construction of a commercial greenhouse ( Lettuce) resulting in alteration of an isolated wetland subject to the Lunenburg Wetlands bylaw.. The supporting are available for review at the Conservation Commission office by calling 978-582-4147 ext. 431 by appointment. Emailing a PDF is also an option on request by emailing lcc@lunenburgonline, the meeting is scheduled September 23, 2020 by zoom remote Zoom information will be published on the town calendar by September 21, 2020. ===PAGE 3=== Hearings under Continuation not to be heard at this meeting: CONTINUED to the OCT 7, 2020 :Pursuant to MGL ch. 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Request for Determination of Applicability by Gary Williams for 99 Ruth Street will be held. Work proposed is ( Continued )the restoration for vegetation removal. Also proposed ( New) is for the placement of a stairs and dock Application and 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 7, 2020 by zoom remote Zoom information will be published on the town calendar on October 5, 2020 CONTINUED to the OCT 7, 2020 Meeting: Pursuant to MGL ch. 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Request for a determination by Andrew Leblanc for work at 362 Townsend Harbor Road will be held. Work proposed is the placement of a dock Appli cation and 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 7, 2020 by zoom remote Zoom information will be published on the town calendar on October 5, 2020. CONTINUED to the OCT 7, 2020 : Pursuant to MGL ch. 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Notice of Intent by Joanne Magurn for work at 238 Fire Road 16 will be held. Work proposed is the Construction of a single family home, driveway, well and sewage disposal system with portions of the construction within the 100 foot buffer zone. Application and 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 7, 2020 by zoom remote Zoom information will be published on the town calendar on October 5, 2020 ENFORCEMENT : Violations (Enforcement Actions and Administrative Hearings). NON 99 Ruth Street – update EO-32 Brookview Ave, Patricia Adams EO- Town of Lunenburg Fire Road 12 ENF 2019 Updates( If any) NON - 9 Valley Road- Working on NOI EO – 788 Page Street EO- 4 Townsend Harbor Road New Business – Town Warrant Discussion 61 A release request 250 Howard Street Old Business – Update on trails grant – status report, if any. Certificates of Compliance – 20 Fire Road 19. Extension Permit – none to present Minutes of previous meetings - July 15 2020, August 19, 2020 Committee Reports – Any Updates Administrator’s Reports/action items: Administrators determination Open space and land and Trail use issues and strategies :  –Forestry Planning /Encroachment on town open space  Discussion on Land use policy and discussion of Saliba/ table rock management Communications / public comment/ Adjourn - Meeting Schedule- Next meeting is October 7, 2020 at 7 PM ======================================================================================== DOCUMENT : 2020-10-07-agenda-6262.txt BOARD : conservation-commission DATE : 2020-10-07 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2020-10-07-agenda-6262.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_10072020-6262 ======================================================================================== ===PAGE 1=== Town of Lunenburg Conservation Commission Bob Pease, Chair Tel: (978) 582-4146 Kenneth Jones, Vice-Chair 960 Massachusetts Ave. Richard Bursch Lunenburg, MA 01462 Catie Childs Carl Luck Jack Rabbitt Matthew S. Marro, Todd Dwyer Conservation Administrator NOTICE OF MEETING October 7, 2020 REVISED MONDAY October 5, 2020 at 1:30 PM second revision Wed Oct 7, 2020 10:45 AM 7:00 PM In accordance with the requirements of the Open Meeting Law, please be advised that this meeting is being recorded and broadcast over the Lunenburg Public Access channel at a future time. ( no live broadcast ) The Town of Lunenburg, in response to the COVID-19 (Corona Virus) is currently following the guidance from the Lunenburg Board of Health, Massachusetts Department of Public Health and the CDC regarding the virus and steps communities can take to prevent the spread and all town facilities are currently closed to the public. In accordance with the Governor’s Order Suspending Certain Provisions of the Open Meeting Law, G. L. c. 30A, § 20, all public meetings are being conducted remotely. This meeting will be found on the Lunenburg Access YouTube channel within 24 hours after the meeting. To Participate Remotely on Zoom members of the public may use cell phones, tablets or computers with audio and video capabilities. The Zoom Meeting ID is Start: 10/07/2020 7:00 pm Summary: Conservation Commission Meeting Description: Join Zoom Meeting https://us02web.zoom.us/j/86773398718 Meeting ID: 867 7339 8718 One tap mobile 877 853 5257 US Toll-free 888 475 4499 US Toll-free Meeting ID: 867 7339 8718 Find your local number: https://us02web.zoom.us/u/kcICrXWtmJ Location: https://us02web.zoom.us/j/86773398718 No participant ID is needed, just press # when asked. All participants who are not members of the commission or staff will be muted by the chair. Computer and app users may use the “raise hand” feature to request to speak. To access the raise hand feature, open the participant list by clicking on participants. To raise your hand, click on the button at the bottom of the participant list. The chair will call on you and unmute you. Telephone audio users may dial star 9 to request to speak after joining the meeting. Members of the public must give their name and address before they begin speaking. Please direct all comments to the chair. If you have trouble accessing zoom or have general questions you can send an email to lcc@lunenburgonline.com during the meeting. Emails containing questions or comments that are to be read aloud at the meeting must be signed with full name, address and phone number. ===PAGE 2=== Please be aware that if you are using video, other people will be able to see you and that anything that is broadcast will be 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. Each vote taken in this meeting will be conducted by roll call vote. 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 7.1 Deed Restriction final version- EO- 183 Island Road - update 7.2 LSIC, Request for a field change to Drawdown Order of Conditions 7.3 Conservation Commission talent bank applicants. Pursuant to the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hear ing on a Notice of Intent by Michael Defazio for work at 130 Flynn Road The work is for the construction of an attached Garage within the buffer zone. Pursuant to the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Notice of Intent by Thomas Crocker for work at 200 Island Road. The work is for the demolition and reconstruction of a single family home within the buf fer zone. Pursuant to the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Request for A Determination by Fred Arnstein for work at 181 Peninsula Drive. The work is for the construction of a shed within the buffer zone Continued : Pursuant to MGL ch. 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Determination of Applicability by Keolis will be held. Work proposed is vegetation management on various rights of way within the town of Lunenburg for Railways. Pursuant to the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Notice of Intent by Solovei Trust for work at 422 Mulpus Road. The work is for the Improvement of an existing driveway wetland crossing to accommodate a single family home. Continued: Pursuant to MGL ch. 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Notice of Intent by Jeff LaPierre for work at 1672 Mass Ave. will be held. Wor k proposed is rebuild of an existing shed, grading of existing lawn, repair of a retaining wall, removal of a tree and the rep aving of a driveway with gravel. Continued: Pursuant to the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Notice of Intent by Bright Farm will be held for work at 361 Mass Ave. Work proposed is the c onstruction of a commercial greenhouse ( Lettuce) resulting in alteration of an isolated wetland subject to the Lunenburg Wetlands bylaw CONTINUED: Pursuant to MGL ch. 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Request for Determination of Applicability by Gary Williams for 99 Ruth Street will be held. Work propo sed is ( Continued )the restoration for vegetation removal. Also proposed ( New) is for the placement of a stairs and dock CONTINUED : Pursuant to MGL ch. 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Request for a determination by Andrew Leblanc for work at 362 Townsend Harbor Road will be held. Work proposed is the placement of a dock. CONTINUED : Pursuant to MGL ch. 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws ===PAGE 3=== a public hearing on a Notice of Intent by Joanne Magurn for work at 238 Fire Road 16 will be held. Work proposed is the Construction of a single family home, driveway, well and sewage disposal system with portions of the construction within the 100 foot buffer zone. ENFORCEMENT : Violations (Enforcement Actions and Administrative Hearings). NON 99 Ruth Street – update EO-32 Brookview Ave, Patricia Adams – received response EO- Town of Lunenburg Fire Road 12 ENF 2019 Updates( If any) NON - 9 Valley Road- Working on NOI NON – 232 Burrage Street EO – 788 Page Street EO- 4 Townsend Harbor Road New Business – CH 61 A release request 360 Flatt Hill Road Old Business – Town Warrant Follow-up discussion on transfer of stewardship from the town to the Conservation Commission of 111 Mulpus Road Rear and 970 New W. Townsend Road. Update on trails grant – status report, if any. Certificates of Compliance – None to present Extension Permit – none to present Minutes of previous meetings - August 19, 2020 , September 2 & September 23, 2020 Committee Reports – Any Updates Administrator’s Reports/action items: Administrators determination – Emergency permit follow up 5 Spring St extension Enfacement investigation to go to the agenda Open space and land and Trail use issues and strategies :  –Forestry Planning /Encroachment on town open space  Discussion on Land use policy and discussion of Saliba/ table rock management Communications / public comment/ Adjourn - Meeting Schedule- Next meeting is October 21, 2020 at 7 PM ======================================================================================== DOCUMENT : 2020-10-07-minutes-6262.txt BOARD : conservation-commission DATE : 2020-10-07 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2020-10-07-minutes-6262.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_10072020-6262 ======================================================================================== ===PAGE 1=== Town of Lunenburg Conservation Commission Bob Pease, Chair Tel: (978) 582-4146 Kenneth Jones, Vice-Chair 960 Massachusetts Ave. Richard Bursch Lunenburg, MA 01462 Catie Childs Carl Luck Jack Rabbitt Matthew S. Marro, Todd Dwyer Conservation Administrator MINUTES October 7, 2020 7:00 PM Appointments/Hearings –commences at 7 PM Meeting was called to order with BP presiding and all member present except KJ and CC. MM, staff absent Due to power outage. Note: All votes taken by roll call due to remote participation under pandemic rules. Comments: JR asked MM to contact Dave Oram for emergency certifications John fortune appeared before the Commission to inform them that the siphons at Hickory Hills Lake have been opened Due to the drawdown, the land owners Association requested an emergency certification to remove a mound of gravel at the shoreline that was preventing use of the boat ramp. JR Totally supported the emergency measure. BP Recalled the last time it was actually an enforcement order issued on a non-adversarial basis to remove a hump of gravel for safety reasons. JR Motion for MM to issue the enforcement order. RB asked if there was anything in writing regarding the request. BP did not know. RB had no problem with the concept as long as it was documented by the Hickory Hills land owners Association. Mr Fortune Indicated that he would send an email to the Conservation Commission. CL Indicated he had no issue giving the permission but express concern regarding the ordering for safety reasons. He felt it was more of a personal property issue. BP noted that we would wait for the email before taking the issue up again. 7.1 Deed Restriction final version- EO- 183 Island Road- update - No one was present to represent 183 island Rd wow. BP noted the deed restriction. CL noted That there was a word on the restriction that was supposed to be changed. After discussion it was agreed by the Commission and applicant to change no “grading” to no “alteration” in the restriction. JR Ask to add no dispersion of water from the pool to the Lake to the restriction. He clarified that it would be a flexible pipe run greater than 100 feet from the Lake. Action was delayed until a future meeting. 7.2 LSIC, Request for a field change to Drawdown Order of Conditions -Wendy Gendron was present to represent the Lake Shirley improvement Corporation. She outlined the condition in the order of conditions which called for a drawdown end date specific to December 1st. CL noted he would support the request. He noted that when the order was approved it was suggested for a December 31st date but it was rejected originally by the LSCI and wanted to know why the change at this point. Wendy noted during the order of conditions hearing there was a time constraint where the Lake Shirley improvement Corporation did not want to spend extra time having to go back to fisheries and wildlife for another approval. JR wanted to know if we needed to go to DEP for their input and approval. RB noted that the original date in the GEIR was December 1st and was not sure there was language in the order if there was any procedure available. RB also noted we should put it on the next agenda as we still have time and should research the order. Wendy Gendron did agree that the GEIR did state a December 1st date however it was not a hard and fast date depending on the site and input should be sought front Fish and Wildlife. Wendy also noted that the commission had the ultimate decision on an amended date. ===PAGE 2=== 7.3 Conservation Commission talent back applicants: The chairman noted it was TD’s last meeting with the Conservation Commission and praised his performance and thanked him for his service. The chairman reviewed submitted bank applications the Commission as to their background. The chairman noted Jeff Viviano at current point is the only applicant and will be going in front of the board of selectman and is appearing as a chance to say hello to the Commission and ask any questions. Jeff echoed the chairman's sentiments regarding Todd Dwyer and his service to the Commission. Jeff noted he had been to many meetings with the system as an associate member and is familiar with the process and the expectations of the Commission. JR gave praise to commissioner Dwyer for his depth of engineering experience and asked Mr Viviano what type of technical background he had that might be able to contribute to the commission's efforts. Mr Viviano did note in his occupation as an airline pilot he does have some engineering experience and has HV AC experience. His experience in that field gave him the knowledge of reading plans and deciphering items like elevation in required installations. RB also praised Mr Dwyer’s experiences and how it will be missed. He asked if there was a 10 day advertising. That was met. He wanted to ensure there was sufficient time for sufficient applications. BP noted it was advertised in the Ledger and has been on the website for 12 days. He further stated his expectation for the board of selectman to appoint someone next week. Mr Dwyer thanks everyone for their kind words and expressed how he will miss being with the Conservation Commission. He thanked Mr Viviano for his coming forward to volunteer and that he reminded the Commission Mr Viviano went through the application process himself and also was an associate member period. BP reminded the Commission this is not an interview and there was no recommendation that was coming forth. The board of selectman did ask BP to write a recommendation based on Mr Viviano's being an associate member in the past. Commissioner Dwyer did notice on the Board of Selectmen agenda that Mr Viviano's talent bank application is on the selectman's agenda for the next meeting. CL also praised Mr Dwyer's service to the Commission. CL asked about Mr Viviano's availability due to his scheduling problems in the past even for his own NOI hearings. Mr Viviano replied that he is adjusted his schedule to account for the time he would need and that is experienced as an associate member gave him a definitive account of the amount of time needed. The Commission thanked Mr Viviano for coming to the meeting. HHL -The chairman noted to the Commission that he had just received an email from John fortune and read it into the record. JR moved to issue an enforcement order that the Hickory Hills lake Association use any method available to remove the gravel noted specifically in the email request and that occur within the next 30 days. Mr Dwyer asked for amendment to the motion that any matting necessary be placed to prevent tracks being left into the Lake bottom. BP noted that the lakebed in that area is all gravel. Mr Fortune noted the excavator would be on dry ground along the shoreline. TD asked if there was a way we could keep it in the motion for just in case purposes. CL wanted to know why we couldn't issue it as an emergency cert with an RDA follow up. RB noted in an emergency certification there had to be an overriding public issue. Simply pulling the boats out of the water is not an overriding public need. TD ask if the Hickory Hills land owners Association could add a page to the Lake management plan outlining this procedure. This way in the future, there did not need to be repeated appearances to the Conservation Commission. RB seconded the motion and the Commission voted unanimously to approve Pursuant to the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Notice of Intent by Michael Defazio for work at 130 Flynn Road The work is for the construction of an attached Garage within the buffer zone. Michael de Fazio appeared representing himself. He outlined the project and its relationship to the wetland to the Conservation Commission. TD ask for more specifics regarding the payment on the driveway. Mr Defazio noted it would be a gravel grated base driveway and there would be no expansion or pavement. Jr asked if there was an impervious bottom on the existing garage. It was noted yes there was, and it would be removed loomed and seeded.CL confirmed the placement of erosion control. TD moves to issue a standard order of conditions based on the plans. CL ===PAGE 3=== seconded and the Commission voted to approve the motion by unanimous roll call vote. Pursuant to the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Notice of Intent by Thomas Crocker for work at 200 Island Road. The work is for the demolition and reconstruction of a single family home within the buffer zone. Paul Kirchner appeared representing the applicant. He outlined the project scope for the Conservation Commission along with its relationship to the wetlands on the property. He noted the current condition of the property which is currently dilapidated as it has not been occupied since 1999.He outlined the waiver requests from the 50 foot no structure zone for the proposed driveway. He did note that the new driveway and structures are actually further away than the original structures. CL Examine the location of the proposed driveway. JR examined the pre and post development for the driveway and the material the driveway was going to be made from. It was determined it was going to be paved. He also noted that there would be increased impervious in the total 100-foot buffer zone. Mr Kirchner noted that this was a new structure and that they had taken care to pull the structure away from the more sensitive inner 50 foot areas of the buffer zones and the site was limited in locations due to the steepness of the slopes on the property. BP clarified what the request was for. RB asked if there was a forward access to the garage considered. Mr Kirchner mentioned it was the landowner’s preference. BP noted familiarity what the topography of the area and a front orienting entrance could be difficult. Jr asked why a large driveway pad was needed. Mr Kirchner responded it was needed for a standard turn around. He noted this particular orientation was designed to maximize distance from the wetland edge TD asked if the existing driveway entered off the abutters’ property. He asked why the house wasn't rotated so that the house in the driveway would be out of the buffer zone. He noted a 30-degree clockwise turn might accomplish this. Mr Kirchner noted rotating the house 30 degrees would cause it to face sideways hence facing the cul-de-sac instead of the road front. BP noted that he supported the proposal as proposed. After straw polling the Commission it was indicated the Commission would like to see a reconfiguration of the plan. RB noted he would like to see a limit of work shown on the plan as well. The applicant requested a continuance to the October 21st meeting at 7:00 PM. Jr made a motion to continue to the date and time prior specified RB seconded and the Commission voted unanimously to approve the motion. Pursuant to the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Request for A Determination by Fred Arnstein for work at 181 Peninsula Drive. The work is for the construction of a shed within the buffer zone. Mr. Arnstein appeared to represent himself. The applicant presented a picture to the Commission at the preexisting shed. He noted one of the pictures show the shed and its full dimension and location. JR noted that the structure was a tent and it was not previously authorized and is well within the 30 foot no touch zone. He felt the structure should be moved back out of the 50 foot zone. He felt the structure was a temporary structure put up annually and taken down as needed. CL Noted he did not feel there was enough information to document a pre existing structure and felt it was out of compliance with our local by law. RB noted there was a property line issue and that there was no documentation as to its pre existing structures. BP noted he went through historical ortho photos and noted that it could be clearly seen there was some type of structure there previously. CL moves for a positive determination JR seconded. The applicant did ask where else on the property with the Commission be favorable for a location. The chairman instructed the applicant to work with the conservation administrator on a potential location. The motion for a positive determination was passed by a unanimous roll call vote. Continued : Pursuant to MGL ch. 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Determination of Applicability by Keolis will be held. Work proposed is vegetation management on various rights of way within the town of Lunenburg for Railways . RB Notice at the meeting previous the concern was expressed about abutter notification and he ===PAGE 4=== noted the communication from the applicant noting mass general law but the abutter notification requirement under bylaw was not applicable. He noted that MM had advised a negative determination and recommended the commission moved forward with the negative determination. CL noted guidance from other organizations advising a positive determination. It would not stop Keolis from proceeding. RB noted that MM had advised the negative determination was the commission’s historic action and felt it should continue along those lines. BP noted the MACC mailing. CL felt the commission should continue. JR moved to continue the hearing. TD indicated he received a text message from MM and he still recommended a negative determination. JR withdrew the motion and moved to issue a negative determination RB seconded and the commission voted unanimously to approve the motion. RB in closing did note that MACC is an advisory group and not really a ruling agency. Continued: Pursuant to MGL ch. 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Notice of Intent by Jeff LaPierre for work at 1672 Mass Ave. will be held. Work proposed is rebuild of an existing shed, grading of existing lawn, repair of a retaining wall, removal of a tree and the repaving of a driveway with gravel. Mr. Lapierre appeared at the meeting to represent himself. He noted he was having survey done. CL noted his concerns pertain to what trees are going to be removed and what trees were going to be left in place as well as accurately noting the current configuration of the driveway. He noted he was going to have everything represented on the plans to present a more accurate drawing. JR examined the location of the proposed new shed versus the old shed. Mr Lapierre noted the shed was moved out due to old wood rotting underneath and was planning on putting a foundation in its place. Jr ask the applicant to consider moving the shed out of the 30 foot no touch zone. Mr Lapierre indicated a willingness to examine the issue as his plan is drawn out. TD asked what was under the shed prior and he was told it was loan with some old stumps buried and the owner had them removed. RB noted that he agreed with JR’s concern and noted that there was no previous filing for the shed. He also asked for the plans to reflect current condition and further note disturbance up to the edge of wet and wanted to ensure that was represented on the plans as well. The owner indicated it would probably be possible to get the shed out of the 30 foot no touch zone but was not sure about the 50 foot no structure zone and noted that the plywood on the shed was dated 1998 for the shed being there for about 22 years. TD asked the applicant how long he owned the property, and it was noted that it was purchased by the current owner 10 years ago. He also asked if he had pictures prior to the work done in the property. And the owner indicated yes. RB moved to continue the hearing to the October 21st meeting at 7:00 o'clock PM. JR seconded the motion. JR asked If the applicant would be ready by the 21st. Mr Lapierre indicated he was not certain. It was agreed that if it was not ready, he would request a continuance. CL noted it should probably be moved for the November 4th meeting. RB amended his motion to change the date to Nov 4. JR seconded the amendment. The Commission passed the motion by unanimous roll call vote. Continued: Pursuant to the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Notice of Intent by Bright Farm will be held for work at 361 Mass Ave. Work proposed is the construction of a commercial greenhouse ( Lettuce) resulting in alteration of an isolated wetland subject to the Lunenburg Wetlands bylaw. Maryann Dipinto and Sean O’Neill appeared before the commission. Mr O'Neill recapped the issues outlined from the last meeting. The updated mitigation illustrated on updated documents provided were reviewed to ensure they met the commission's previous request for a larger replication area. MaryAnn DiPinto outlined her methodology in how the wetland replication area was chosen and calculated. JR asked if Hannaford was notified as to the expanded replication area. Mr O'Neill noted that he was dealing with the property owners as an offer to Walmart were tenants and have apprised them of the current status of the filing. RB asked if there was a construction schedule for the wetland replication. Ms. Dipinto noted there was a mitigation sequence submitted, however the actual time table has not been determined due to other remaining approvals. Mr O'Neill noted based on their construction scheduling spring of 2021 should be the time all of the earth work including the replication is completed. BP reviewed the standards of replication with the applicant. RB had examined the replication sequence And requested a condition be added to the order of conditions that would require any plants that fail to ===PAGE 5=== grow be replaced in kind. He put that in the form of a motion, JR seconded and the Commission voted unanimously to approve the motion in a roll call vote. CONTINUED: Pursuant to MGL ch. 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Request for Determination of Applicability by Gary Williams for 99 Ruth Street will be held. Work proposed is (Continued )the restoration for vegetation removal. Also proposed ( New) is for the placement of a stairs and dock The Commission issued a positive determination of applicability for the remediation plan by a motion of CL second by TD and a unanimous vote by the Commission roll call to approve the motion. The Commission issued a positive determination of applicability for the Placement of the dock and the stairs by a motion of CL second by TD and a unanimous vote by the Commission roll call to approve the motion. CONTINUED : Pursuant to MGL ch. 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Request for a determination by Andrew Leblanc for work at 362 Townsend Harbor Road will be held. Work proposed is the placement of a dock. JR moved for a negative determination. CL seconded and the commission voted unanimously to approve by a roll call vote. CONTINUED : Pursuant to MGL ch. 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Notice of Intent by Joanne Magurn for work at 238 Fire Road 16 will be held. Work proposed is the Construction of a single family home, driveway, well and sewage disposal system with portions of the construction within the 100 foot buffer zone. Neill Gorman, Brian Butler Joanne and Butch Magurn were present to represent the applicant. CL noted that the new information/documents provided that day did not meet the timing requirements for data submittal and consideration. BP allowed the information to be presented and used for the purposes of providing the applicant feedback. Mr Butler noted that the information was presented commensurate to the prior site visit on Sept 1. Brian Butler reviewed the information presented the Commission subsequent to the previous meeting. Neil Gorman outlined the change from the detached garage that the driveway leading up to that structure is going to be gravel with the remainder to be pavement, therefore significantly reducing amount of impervious originally planned by eliminating the first 640 feet of originally proposed paved driveway and converting it to a proposed gravel. He addressed the span requested from the previous meeting over the flood plain. He noted the applicant is proposing instead to add a second open bottom culvert widening the amount that's actually spanned. He also removed the proposed compensatory storage area in order to reduce work within the zero to 30-foot zone reducing the amount of work by about 2200 square feet which was mostly associated with compensatory storage. He noted that an adjustment was made in the culvert opening as a result of removing the compensatory storage. He contended that there is less flood plain filled as a result. He also noted the removal of mitigation plantings near the location of the detached garage that was no longer needed due to the reduction in filling of floodplain. He further reviewed mitigation plantings by the proposed house structure. He noted that they were removing 1200 square feet of previously impervious area and that area would also be part of the mitigation planting. He noted there was four more Oak trees that would be planted that were added to the plan from the previous meeting. He reviewed the previous proposal upper conservation restricted area on the lot that was originally 3.7 acres and increased it to four acres. He noted 1.3 acres are wetland and 2.7 acres was Upland. Within the 50-foot buffer zone was .9 acres, .4 acres was within the 50 to 100-foot buffer zone and the remaining 1.4 acres was outside the 100 ft. buffer zone. He noted that the total ===PAGE 6=== 16 acres there was a less than 6% disturbance in total. He again re summarized the changes in the plans. Brian Butler answered a concern expressed on the September 1st site walk regarding the number of trees that would be removed which came to 27 trees over a 6 inch diameter in the area of the house and that there would be no tree cutting to facilitate the driveway. He reemphasized that there was a large amount that would be re naturalized based on the numbers represented previously by Mr Gorman. JR noted he was appreciative of the reduction in pavement. He asked what the potential impacts were for snow plowing as the driveway was only 10 feet wide and was concerned about ruts being dug into the driveway. Mr. Gorman clarified that the road shoulders were at 10 ft. width. He expressed concerns regarding the sensitivity of the esker and the impacts to continued plowing and driving on it. He noted that there were some smaller trees to be removed and noted the standards do not differentiate between four inch and six inch tress with the exception of the rate of replacement. He expressed the concern there would be long term stress placed on the Esker. He further noted the septic system should be greater than 100 feet from a wetland and asked if the Board of Health had approved it. It was noted by the applicant that the Board of Health did approve the septic system. JR questioned how this was approved by the Board of Health He also asked if the property had been in front of the planning board. The applicant responded that the planning board deemed it a buildable lot. JR asked if there was a turn around required to be placed in a driveway and cited regulation concerning heavy equipment traversing the driveway. He further noted that wetland crossings under bylaw would not necessarily be allowed if there was an alternative means of access or an alternative configuration of the lot analyzed. CL Noted that he shared many of the concerns previously cited by JR. He felt there were alternative locations available on this thirteen plus acre property that could be built on and that if an order conditions for this proposal were denied, it doesn't mean we are denying development of this property. He expressed general concern of the amount of 30 ft. no touch areas that were being disturbed and would not have to be if the home were built elsewhere on the property. He further noted that the esker the road was on was very narrow and sensitive. In some areas it was as little as 14 ft. wide at the crown and expressed concern the road disturbance would eventually go beyond the crown. He also stated that he felt packed gravel was impervious and he would actually prefer pavement as it would be more stable. He further wanted to examine if there was a waiver granted from the Board of Health for the septic system as the Town regulations prohibited septic systems within 100 ft. of a wetland. He wanted to know what the waiver was based on and if wetlands were taken into consideration or if it was based solely on Public Health issues. He noted that there were no paths to access the Lake or any docks on the plan shown for access to the Lake, therefore the plan was incomplete. He strongly recommended if an order of conditions was approved that conditions be added that the 50-foot zone now be considered the no touch zone expanding from the 30 ft. no touch. He indicated there were still some questions on the math that he felt was not answered and that the Commission should be given time to review that. He indicated uncertainty over the tree replacement count strategy and how it would technically meet the requirements of the bylaw. He noted that identifying the tree removal count to those over 6 inch diameter was arbitrary and the regulation does not restrict the diameter. He questioned how many trees were over the 8 inch diameter which requires two replacement trees for each removed tree. He noted that if it was on the plan he had not had the time to review it. He was uncertain about replacing trees with shrubs as their value in function appear to be substantially different. He questioned if the Planning Board had reviewed and approved this plan as prior LCC request reviews have had problems with emergency vehicle turn around requirements. He noted the potential that adding a turnaround could also change the plan. He noted that he would like to be sure to see the final plan before taking a vote. TD noted the cart path that across the wetland is hard packed gravel and actually would result in very little disturbance to the wetland and indicated support of the plan. Despite the crossing of the wetland, where they have sighted the house actually would minimize the total disturbance on the esker. He noted that going further south on the esker would require grading that would be quite ===PAGE 7=== severe and would be more detrimental to the stability of the esker despite not being within 50 feet of the wetland. He said based on the site walk his previous concern of a span is actually unnecessary and the site walk changed his original opinion and he fully supported the application as presented. RB felt that CL and JR eloquently described his concerns on the location of the house and felt the by-law requires the commission to see if there are other less impactful locations that could be determined that could eliminate the need for a waiver from the local by-law and that the house could be moved to a less sensitive location.. BP noted he agreed with TD and felt that this area proposed for the house was the least impacting and felt he was in favor of the proposal. He further noted there were two members that indicated a favorable outlook on the project and that TD was no longer going to be member of the commission as of tonight. He stated due to Mullens rules the applicant had two choices. The applicant could withdraw and reapply but notice of intent or declined to agree to a continuance and it could go to DEP for a potential lack of action. Joanne Magurn noted that she felt they have met the regulation requirements of multiple local agencies, have DEP approval, and could not understand what more they would need to do to have the commission approve it. BP said the Commission was within its rights to deny or approve the application, but to approve it they would have to grant a waiver. The applicant asked for clarification as to what constituted a majority. There was some discussion between the applicant and the Commission initiated by BP if four votes were required to pass this project? Neil Gorman ask if less than four votes constituted a lack of action. BP noted in his opinion yes. He noted, stressing it was his opinion only, a three to two vote against the project was not a denial but a lack of action. Based on this discussion, the applicant expressed their preference would be to go for a lack of action as opposed to a continuance. RB made a motion to approve the application as submitted TD seconded. BP stated that in the case of a lack of action, the Town Bylaw would not apply. RB did not agree with the statement regarding the interpretation of a majority of votes. There was no further discussion. The Commission failed to pass the motion by a vote of PB and TD approved the motion. CL, JR and RB voted no on the motion. . BP did note that the motion failed to pass however there was no denial at the same time. Based on his understanding. Pursuant to the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Notice of Intent by Solovei Trust for the constru ction of a driveway within the 100 foot buffer zone at 422 Mulpus Road. . Steve Marsden appeared before the commission representing the applicant. CL left the meeting at 10:00 PM and indicated his support of the proposal feeling it was straight forward. Mr Marsden described the current condition of the site, the proposed construction and its relationship to the wetlands. He noted the location of the driveway was based on sight distance requirements offset from a driveway abutting the property a cross the roadway. He outlined the proposed work and that the driveway was proposed to be paved in that it made a more stable surface then a gravel driveway which would also be considered an impervious surface. ===PAGE 8=== RB asked if there was a diagram of the replacement for the existing pipe to ensure it could take a traffic load, Mr Marsden noted the pre-existing culvert has been time tested for heavy traffic and is in good condition and would remain. As there is no grade changes a headwall would not be necessary, RB noted that the site inspection showed the flows under the culvert was clean and did not indicate obstructions. TD noted the driveway may be in the 50 foot no structure zone and it was not shown. He asked if the driveway could be moved. Mr Marsden noted that any change in configurations would result in extra disturbance. Leaving the current culver t in place would minimize any disturbance. The driveway site distance was also emphasized. JR asked if crushed stone may be a better alternative. Mr. Marsden noted that crushed stone would be pushed off in plowing resulting in an unstable surface and more maintenance in sensitive areas and the recharge trenches included in the design would mitigate runoff.TD moved to approve the plan as presented with a standard order of Conditions. JR seconded and the commission voted unanimously. ===PAGE 9=== ENFORCEMENT: Violations (Enforcement Actions and Administrative Hearings). MM was not available for discussion due to a power outage at his home and no ability to participate in the zoom forum due to lack of internet. NON 99 Ruth Street – update see above EO-32 Brookview Ave, Patricia Adams – received response EO- Town of Lunenburg Fire Road 12 ENF 2019 Updates( If any) NON - 9 Valley Road- Working on NOI NON – 232 Burrage Street EO – 788 Page Street EO- 4 Townsend Harbor Road New Business – CH 61 A release request 360 Flatt Hill Road. The Commission examined the plans and decided that they would not pursue the purchase as they felt it would not meet the criteria the commission looked for. RB moved to allow the sale to proceed. TD seconded and the commission voted unanimously. Old Business – Town Warrant Follow-up discussion on transfer of stewardship from the town to the Conservation Commission of 111 Mulpus Road Rear and 970 New W. Townsend Road. The Commission reaffirmed the submitted warrant articles by a motion of RB noting the commission had previously discussed a list the commission voted on in a previous meeting and was not sure is was necessary but felt it was prudent to be cautious. The commission noted they were small parcels in sensitive habitat that were surrounded by conservation land. TD seconded and the commission vote unanimously to approve the motion by a roll call vote. Update on trails grant – status report, if any. Certificates of Compliance – None to present Extension Permit – none to present Minutes of previous meetings - August 19, 2020, September 2 & September 23, 2020 Committee Reports – Any Updates Administrator’s Reports/action items: Administrators determination – Emergency permit follow up 5 Spring St extension Enfacement investigation to go to the agenda Open space and land and Trail use issues and strategies.  –Forestry Planning /Encroachment on town open space  Discussion on Land use policy and discussion of Saliba/ table rock management Communications / public comment/ Adjourn - Meeting Schedule- Next meeting is October 21, 2020 at 7 PM The meeting adjourned at 10:28 PM by a motion of JR, a second by RB and a unanimous vote to approve the motion. Special note by the Conservation Commission ; THANK YOU TODD DWYER FOR ALL OF YOUR YEARS OF SERVICEON THE COMMISSION AND BEST WISHES ON YOU R TERM AS A SELECTMEN. ======================================================================================== DOCUMENT : 2020-10-21-agenda-6263.txt BOARD : conservation-commission DATE : 2020-10-21 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2020-10-21-agenda-6263.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_10212020-6263 ======================================================================================== ===PAGE 1=== Town of Lunenburg Conservation Commission Bob Pease, Chair Tel: (978) 582-4146 Kenneth Jones, Vice-Chair 960 Massachusetts Ave. Richard Bursch Lunenburg, MA 01462 Catie Childs Carl Luck Jack Rabbitt Matthew S. Marro, Jeffrey Viviano Conservation Administrator NOTICE OF MEETING October 21, 2020 REVISED 10/19/2020 at 11:21 AM 7:00 PM In accordance with the requirements of the Open Meeting Law, please be advised that this meeting is being recorded and broadcast over the Lunenburg Public Access channel at a future time. The Town of Lunenburg, in response to the COVID-19 (Corona Virus) is currently following the guidance from the Lunenburg Board of Health, Massachusetts Department of Public Health and the CDC regarding the virus and steps communities can take to prevent the spread and all town facilities are currently closed to the public. In accordance with the Governor’s Order Suspending Certain Provisions of the Open Meeting Law, G. L. c. 30A, § 20, all public meetings are being conducted remotely. This meeting will be broadcast live through local access cable, on Facebook Live on the Public Access Facebook page (https://www.facebook.com/Lunenburg-Public-Access-Cable-157427270975305/) and will be able to be found on the Lunenburg Access YouTube channel within 24 hours after the meeting. To Participate Remotely on Zoom members of the public may use cell phones, tablets or computers with audio and video capabilities. The Zoom Meeting ID is Start: 10/21/2020 7:00 pm End: 10/21/2020 10:59 pm Summary: Conservation Commission Description: Join Zoom Meeting https://us02web.zoom.us/j/88943210023 Meeting ID: 889 4321 0023 Dial by your location 1 929 205 6099 US (New York) 888 475 4499 US Toll-free 877 853 5257 US Toll-free Meeting ID: 889 4321 0023 Find your local number: https://us02web.zoom.us/u/kbOmnZ2De4 Location: https://us02web.zoom.us/j/88943210023 No participant ID is needed, just press # when asked. All participants who are not members of the commission or staff will be muted by the chair. Computer and app users may use the “raise hand” feature to request to speak. To access the raise hand feature, open the participant list by clicking on participants. To raise your hand, click on the button at the bottom of the participant list. The chair will call on you and unmute you. Telephone audio users may dial star 9 to request to speak after joining the meeting. Members of the public must give their name and address before they begin speaking. Please direct all comments to the chair. ===PAGE 2=== If you have trouble accessing zoom or have general questions you can send an email to lcc@lunenburgonline.com during the meeting. Emails containing questions or comments that are to be read aloud at the meeting must be signed with full name, address and phone number. Please be aware that if you are using video, other people will be able to see you and that anything that is broadcast will be 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. Each vote taken in this meeting will be conducted by roll call vote. 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 Minutes of previous meetings - August 19, 2020, September 2 , 16 & September 23, 2020. Appointments/Hearings –commences at 7 PM 7.1 - 15 Cliffview Terrace field change - deck footings. 7.2 - Gary Gouldrup, Forestry Management Planning at Rayno Conservation Land (801 Northfield Road & 215 Chase Road) and Hawes Conservation Land (123, 145, and 171 Rear Hollis Road) 7.3 90 Hemlock Request for filed change to Order of Conditions Pursuant to the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Request for A Determination by Tina Marrama –Allen and Clifford Allen for work at 1370 Mass Ave The work is for the clearing of vegetation and placement of a shed within the buffer zone. Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Request for a Determination by Peter Cowley for work at 72 Peninsula Drive will be held. Work proposed is for Professional Contractor (Ramsden) to apply 6-10" riprap stone to eroded shore embankment to prevent further erosion, apply 1 -3" topsoil to cover exposed tree and bush roots above the embankment, cover the topsoil with stone and plant more grass or thyme to prevent soil erosion above embankment. No plan to alter the shoreline, and no bushes or trees will be harmed during the work; Pursuant to the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Request for A Determination by Dan Dugas for work at 60 South Row Road. The work is for the removal of trees for the placement of a solar energy system within the buffer zone. Pursuant to the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Request for A Determination by Alan Moore of 189 Hemlock Drive. The work is for the removal of trees and septic repair within the buffer zone. Pursuant to the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Request for A Determination by Stanley Heltowski for work at 29 Fire Road 10. The work is for the removal of trees within the buffer zone. Pursuant to the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Request for A Determination by Brian Tower at 329 Sunset Lane. The work is for the replacement of 8 Timbers on a retaining wall, the addition of a dock extension and the placement of sand on an existing beach. Pursuant to the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Notice of Intent by Steven Petruzello for work at 4 Townsend Harbor Road. The work is for the expansion of a driveway and placement of a shed within t he ===PAGE 3=== buffer zone. Pursuant to the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Notice of Intent by Cutis Nikitas for work at 232 Burrage Street The work is for grading and construction of a stone wall within the buffer zone Pursuant to the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Notice of Intent for work at 55 White Street by Shield Pratt. The work is for the replacement of a septic system within the buffer zone. CONTINUED : Pursuant to the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Notice of Intent by Thomas Crocker for work at 200 Island Road. The work is for the demolition and reconstruction of a single family home with in the buffer zone. CONTINUED: Pursuant to MGL ch. 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Notice of Intent by Jeff LaPierre for work at 1672 Mass Ave. will be held. Work proposed is rebuild of an existing shed, grading of existing lawn, repair of a retaining wall, removal of a tree and the rep aving of a driveway with gravel ENFORCEMENT : Violations (Enforcement Actions and Administrative Hearings). NON 99 Ruth Street – update EO-32 Brookview Ave, Patricia Adams – received response EO- Town of Lunenburg Fire Road 12 ENF 2019 Updates( If any) NON - 9 Valley Road- Working on NOI NON – 232 Burrage Street EO – 788 Page Street NON- 1263 Mass Ave EO- 4 Townsend Harbor Road New Business – Open Meeting Law Complaint Old Business – Update on trails grant – status report, if any. Certificates of Compliance – 13 East Street , Mark Roode 15 The Lane Lot 3 Holly Johannsen Extension Permit – none to present Minutes of previous meetings – Oct 7, 2020 Committee Reports – Any Updates Administrator’s Reports/action items: Administrators determination – Emergency permit follow up 5 Spring St extension, 441 Townsend Harbor Road, 352 Townsend harbor Road, 6 Iris Court, 47 Cliffview Terrace ( Microburst damage cleanup) Open space and land and Trail use issues and strategies:  Forestry Planning /Encroachment on town open space  Discussion on Land use policy and discussion of Saliba/ table rock management Communications / public comment/ Adjourn - Meeting Schedule- Next meeting is November 4, 2020 at 7 PM ======================================================================================== DOCUMENT : 2020-10-21-minutes-6263.txt BOARD : conservation-commission DATE : 2020-10-21 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2020-10-21-minutes-6263.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_10212020-6263 ======================================================================================== ===PAGE 1=== Town of Lunenburg Conservation Commission Bob Pease, Chair Tel: (978) 582-4146 Kenneth Jones, Vice-Chair 960 Massachusetts Ave. Richard Bursch Lunenburg, MA 01462 Catie Childs Carl Luck Jack Rabbitt Matthew S. Marro, Todd Dwyer Conservation Administrator September 23, 2020 VIA ZOOM Minutes 7:00 PM Call to Order – Announcements Meeting was called to order at 7 by KJ acting as chairman with CC, CL, TD, and RB in attendance 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 Jim Lavoie requested clarification of the agenda regarding 99 Ruth St. Appointments/Hearings –commences at 7 PM 7.1 Deed Restriction final version - EO- 183 Island Road - update After review, it was noted by CL that the meaning of the restriction was a little vague with respect to alteration versus grading in the 50m foot no touch zone established in the deed restriction,. MM suggested that the last paragraph have wording change from Grading to alteration. All parties were in agreement and it would be made and counsel would review. This will be continued until the Oct 7meeting . 7.2 Lunenburg Water Department/Tanner Cole - Stormwater issues at Mass Ave. In attendance for this appointment was Tanner Cole and Fran McNamara from the water division . Mr Cole explained his issue relative to his concern about flows coming off of the storm water flows originating at the Water Departments new facility on Mass Ave. He noted that the wetlands had silt introduced and he was concerned about the silt and extra drainage causing him flooding issues. MM informed the commission that he and Adam Burney had reviewed orthos from 2008 showing a drainage trench/stream going to the rear of the property that carried drainage out. RB recalled the history of the site and prior work done and suggested that Mosquito Control examine the area. He noted that there were methods they could use that were exempt from review and could address Mr. Cole’s concerns. Mr. Cole indicated that he had no issue with mosquito control coming to examine the property . MM to contact Mosquito Control to set a visit up. Pursuant to MGL ch. 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Notice of Intent by Mike Richard and Rhonda Lisio for work at 181 Reservoir Road. will be held. Work proposed is the construction of a detached garage. The supporting documents is 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 September 23, 2020 by zoom remote Zoom information will be published on the town calendar by September 21, 2020. Brian Marchetti representing the owners/applicants. He reviewed the plans with the commission, the total square footage of work and the history of the lot in relation to the River protection act. CL asked about amending the plans to memorialize the exact location of the altered area within the river front on the property. RB had noted the owners expressed a desire to locate propane heater next to the tank. RB moved to issue an Order of Conditions with a revised plan to be submitted memorializing the current alterations on the property and the propane tank being located next to the garage. KJ seconded and the commission unanimously approved by roll call vote. Pursuant to MGL ch. 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Determination of Applicability by Keolis will be held. Work proposed is vegetation management on various rights of ===PAGE 2=== way within the town of Lunenburg for Railways. The supporting documents are available for review at the Conservation Commissi on 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 September 23, 2020 by zoom remote Zoom information will be published on the town calendar by September 21, 2020. MM noted there was no one from Keolis available. RB asked if the abutters were notified. MM noted he did not see any notifications. RB motioned to continue the meeting to the Oct 7 2020 meeting at 7PM so Keolis could addres s abutter notification. CL seconded and the commission voted unanimously buy roll call vote to approve the motion. Pursuant to MGL ch. 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Notice of Intent by John Harrison for work at 915 Northfield Rd. will be held. Work proposed is the construction of a driveway to accommodate a single family. The supporting documents is available for review at the Conservation Commission offi ce 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 September 23, 2020 by zoom remote Zoom information will be published on the town calendar by September 21, 2020. John Harrison appeared before the commission and reviewed the project. TD and RB examined the grading and stormwater. MM noted that the driveway was a limited access and as such required a bylaw waiver. He recommended that the commission add a conditions in exchange for allowing the waiver that no further alterations not related to maintenance of the driveway will be allowed in perpetuity. TD moved to issue an Order of Conditions with the Conditions MM outlined. CL seconded and the Commission voted unanimously by roll call vote to approve. Pursuant to MGL ch. 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Notice of Intent by Jeff LaPierre for work at 1672 Mass Ave. will be held. Work proposed is rebuild of an existing shed, grading of existing lawn, repair of a retaining wall, removal of a tree and the rep aving of a driveway with gravel. The supporting documents is 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 September 23, 2020 by zoom remote Zoom information will be published on the town calendar by September 21, 2020. MM related the history of the enforcement order on the site> Mr Lapierre represented himself and outlined the work which was grading in the rear yard, the rebuild and relocation of a shed and the rebuild of the front landscaped wall by the driveway. RB noted that the lot and the plan does not match as it appears there was additional work done to the property after the plans were drawn and approved originally. There was also details of the house outline missing, The commission instructed the applicant to have the plans revised and all structures and work survey located. RB made a motion to continue. CL seconded and the commission voted unanimously by roll call vote to approve. Pursuant to the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Notice of Intent by Bright F arm will be held for work at 361 Mass Ave. Work proposed is the construction of a commercial greenhouse ( Lettuce) resulting in alteration of an isolated wetland subject to the Lunenburg Wetlands bylaw.. The supporting 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 req uest by emailing lcc@lunenburgonline, the meeting is scheduled September 23, 2020 by zoom remote Zoom information will be published on the town calendar by September 21, 2020. ( note: BP was able to come to attend this hearing) Maryann Dipinto and Sean O’Neill represented Brite Farms LLC. The scope of the project was shown to the commission. The proposal included the filling and replication of an isolated wetland protectable under local by law, Ms Dipinto outlined the makeup of the isolated wetland showing it was about 11,000 square feet and would be replicated adjacent to a larger wetland system located on the property, There as also an area of land that the applicant was considering for an easement to co nnect 2 parcels of town conservation land together, giving residents expanded access. After examining the replication, RB noted that replication should be 2:1as well as a desire to see more firm wetland numbers on the alteration and to evaluate if the replication rea could be expanded ..He motioned on those grounds to continue to the October 7 meeting at 7 PM. BP seconded and the commission approved the motion unanimously by roll call vote. Hearings under Continuation not to be heard at this meeting: CONTINUED to the OCT 7, 2020 :Pursuant to MGL ch. 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Request for Determination of Applicability by Ga ry Williams for 99 Ruth Street will be held. Work proposed is ( Continued )the restoration for vegetation removal. Also proposed (New) is for the placement of a stairs and dock Application and supporting documents are available for review at the Conservation Commission office by calling 978 -582- ===PAGE 3=== 4146 ext 431 by appointment. Emailing a PDF is also an option on request by emailing lcc@lunenburgonline, the meeting is scheduled October 7, 2020 by zoom remote Zoom information will be published on the town calendar on October 5, 2020 Continued to the October 7 meeting by a motion of RB and a second by TD with a unanimous vote by roll call to approve CONTINUED to the OCT 7, 2020 Meeting: Pursuant to MGL ch. 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Request for a determination by Andrew L eblanc for work at 362 Townsend Harbor Road will be held. Work proposed is the placement of a dock Application and 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 7, 2020 by zoom remote Zoom information will be published on the town calendar on October 5, 2020. Continued to the October 7 meeting by a motion of RB and a second by TD with a unanimous vote by roll call to approve CONTINUED to the OCT 7, 2020 : Pursuant to MGL ch. 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Notice of Intent by Joanne Magurn for work at 238 Fire Road 16 will be held. Work proposed is the Construction of a single family home, driveway, well and sewage disposal system with portions of the construction within the 100 foot buffer zone. Application and 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 7, 2020 by zoom remote Zoom information will be published on the town calendar on October 5, 2020 Continued to the October 7 meeting by a motion of RB and a second by TD with a unanimous vote by roll call to approve ENFORCEMENT : Violations (Enforcement Actions and Administrative Hearings). NON 99 Ruth Street – update see above EO-32 Brookview Ave, Patricia Adams MM noted the fines were forthcoming for payment EO- Town of Lunenburg Fire Road 12 ENF 2019 Updates( If any) BP is working with Adam Costa on issuing directives to the parties involved NON - 9 Valley Road- Working on NOI EO – 788 Page Street – reissued EO again by certified mail will want to revisit to institute fines if no response is give, EO- 4 Townsend Harbor Road Steve Petruzello appeared before the commission having added to the driveway and constructed a shed with no approval. The Commission instructed MM to work with Mr Petruzello to file a retroactive Notice of Intent New Business – Town Warrant Discussion- BP noted that the town warrant, articles submitted for next week, could include a proposal from the conservation commission to ask the townspeople to approve the transfer of control of 2 parcels of land at 111 Mulpus Road Rear and 970 N. West Townsend Road to the Conservation Commission. The Commission requested MM write separate draft articles for each parcel with BP motioning to submit the draft articles. CC seconded and the commission unanimously approved the motion by roll call vote. 61 A release request 250 Howard Street BP noted that the open space committee recommended to the Board of Selectmen to pursue the matching amount and acquire the parcel. After discussion, RB moved to issue a letter supporting the Opens Space Committee. TD seconded and the commission unanimously approved the motion by roll call vote. Old Business – Update on trails grant – status report, if any. Certificates of Compliance – 20 Fire Road 19. MM showed the commission the current conditions of 2 Orders of Conditions. After Consideration the commission approved the issuing of the certificates by a motion of CL and a second by CC with a unanimous vote allowing both releases. Extension Permit – none to present Minutes of previous meetings - July 15 2020, August 19, 2020 Committee Reports – Any Updates Administrator’s Reports/action items: Administrators determination Open space and land and Trail use issues and strategies : ===PAGE 4===  –Forestry Planning /Encroachment on town open space MM will have Gray appear at the October 7 meeitng to update the commission on future cutting plans  Discussion on Land use policy and discussion of Saliba/ table rock management Communications / public com ment- Katie Adams noted to the Conservation Commission a concern that the item covered concerning” Town Warrant Discussion “ was not published specifically enough and the commission could be in violation of the open meeting law. The Commission noted that t he articles that MM was going submit to meet the deadline were draft articles, could be turned down at the public meeting of the Board of Selectmen and would still be published for town meeting. TD noted that the items would be specifically listed on the agenda for the October 7 meeting now the commission knows which direction it wishes to take and at that meeting if the public has an issue the commission didn’t consider it could always withdraw the articles. Adjourn The meeting was adjourned at 10: 35 PM by a motion of TD and a second by CC with a unanimous vote to approve the motion by roll call. - Meeting Schedule- Next meeting is October 7, 2020 at 7 PM ======================================================================================== DOCUMENT : 2020-10-28-agenda-6256.txt BOARD : conservation-commission DATE : 2020-10-28 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2020-10-28-agenda-6256.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_10282020-6256 ======================================================================================== ===PAGE 1=== Town of Lunenburg Conservation Commission Bob Pease, Chair Tel: (978) 582-4146 Kenneth Jones, Vice-Chair 960 Massachusetts Ave. Richard Bursch Lunenburg, MA 01462 Catie Childs Carl Luck Jack Rabbitt Matthew S. Marro, Jeffrey Viviano Conservation Administrator NOTICE OF MEETING October 28, 2020 7:00 PM In accordance with the requirements of the Open Meeting Law, please be advised that this meeting is being recorded and broadcast over the Lunenburg Public Access channel at a future time. The Town of Lunenburg, in response to the COVID-19 (Corona Virus) is currently following the guidance from the Lunenburg Board of Health, Massachusetts Department of Public Health and the CDC regarding the virus and steps communities can take to prevent the spread and all town facilities are currently closed to the public. In accordance with the Governor’s Order Suspending Certain Provisions of the Open Meeting Law, G. L. c. 30A, § 20, all public meetings are being conducted remotely. This meeting will be broadcast live through local access cable, on Facebook Live on the Public Access Facebook page (https://www.facebook.com/Lunenburg-Public-Access-Cable-157427270975305/) and will be able to be found on the Lunenburg Access YouTube channel within 24 hours after the meeting. To Participate Remotely on Zoom members of the public may use cell phones, tablets or computers with audio and video capabilities. The Zoom Meeting ID is Start: 10/28/2020 7:00 pm End: 10/28/2020 7:59 pm Summary: Conservation Commission Description: Join Zoom Meeting https://us02web.zoom.us/j/86167495304 Meeting ID: 861 6749 5304 One tap mobile +13126266799,,86167495304# US (Chicago) +19292056099,,86167495304# US (New York) Dial by your location +1 312 626 6799 US (Chicago) +1 929 205 6099 US (New York) +1 301 715 8592 US (Germantown) +1 346 248 7799 US (Houston) +1 669 900 6833 US (San Jose) +1 253 215 8782 US (Tacoma) 877 853 5257 US Toll-free 888 475 4499 US Toll-free Meeting ID: 861 6749 5304 Find your local number: https://us02web.zoom.us/u/ktA0wyxTs Location: https://us02web.zoom.us/j/86167495304 ===PAGE 2=== No participant ID is needed, just press # when asked. All participants who are not members of the commission or staff will be muted by the chair. Computer and app users may use the “raise hand” feature to request to speak. To access the raise hand feature, open the participant list by clicking on participants. To raise your hand, click on the button at the bottom of the participant list. The chair will call on you and unmute you. Telephone audio users may dial star 9 to request to speak after joining the meeting. Members of the public must give their name and address before they begin speaking. Please direct all comments to the chair. If you have trouble accessing zoom or have general questions you can send an email to lcc@lunenburgonline.com during the meeting. Emails containing questions or comments that are to be read aloud at the meeting must be signed with full name, address and phone number. Please be aware that if you are using video, other people will be able to see you and that anything that is broadcast will be 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. Each vote taken in this meeting will be conducted by roll call vote. AGENDA Call to Order Announcements 1.0 LSIC- Change request- Date of Drawdown modification. 2.0 Adjourn ======================================================================================== DOCUMENT : 2020-10-28-minutes-6256.txt BOARD : conservation-commission DATE : 2020-10-28 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2020-10-28-minutes-6256.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_10282020-6256 ======================================================================================== ===PAGE 1=== Town of Lunenburg Conservation Commission Bob Pease, Chair Tel: (978) 582-4146 Kenneth Jones, Vice-Chair 960 Massachusetts Ave. Richard Bursch Lunenburg, MA 01462 Catie Childs Carl Luck Jack Rabbitt Matthew S. Marro, Jeffrey Viviano Conservation Administrator October 28, 2020 7:00 PM In accordance with the requirements of the Open Meeting Law, please be advised that this meeting is being recorded and broadcast over the Lunenburg Public Access channel at a future time. The Town of Lunenburg, in response to the COVID-19 (Corona Virus) is currently following the guidance from the Lunenburg Board of Health, Massachusetts Department of Public Health and the CDC regarding the virus and steps communities can take to prevent the spread and all town facilities are currently closed to the public. In accordance with the Governor’s Order Suspending Certain Provisions of the Open Meeting Law, G. L. c. 30A, § 20, all public meetings are being conducted remotely. This meeting will be broadcast live through local access cable, on Facebook Live on the Public Access Facebook page (https://www.facebook.com/Lunenburg-Public-Access-Cable-157427270975305/) and will be able to be found on the Lunenburg Access YouTube channel within 24 hours after the meeting. To Participate Remotely on Zoom members of the public may use cell phones, tablets or computers with audio and video capabilities. The Zoom Meeting ID is Start: 10/28/2020 7:00 pm End: 10/28/2020 7:59 pm Summary: Conservation Commission Description: Join Zoom Meeting https://us02web.zoom.us/j/86167495304 Meeting ID: 861 6749 5304 One tap mobile +13126266799,,86167495304# US (Chicago) +19292056099,,86167495304# US (New York) Dial by your location +1 312 626 6799 US (Chicago) +1 929 205 6099 US (New York) +1 301 715 8592 US (Germantown) +1 346 248 7799 US (Houston) +1 669 900 6833 US (San Jose) +1 253 215 8782 US (Tacoma) 877 853 5257 US Toll-free 888 475 4499 US Toll-free Meeting ID: 861 6749 5304 Find your local number: https://us02web.zoom.us/u/ktA0wyxTs Location: https://us02web.zoom.us/j/86167495304 ===PAGE 2=== No participant ID is needed, just press # when asked. All participants who are not members of the commission or staff will be muted by the chair. Computer and app users may use the “raise hand” feature to request to speak. To access the raise hand feature, open the participant list by clicking on participants. To raise your hand, click on the button at the bottom of the participant list. The chair will call on you and unmute you. Telephone audio users may dial star 9 to request to speak after joining the meeting. Members of the public must give their name and address before they begin speaking. Please direct all comments to the chair. If you have trouble accessing zoom or have general questions you can send an email to lcc@lunenburgonline.com during the meeting. Emails containing questions or comments that are to be read aloud at the meeting must be signed with full name, address and phone number. Please be aware that if you are using video, other people will be able to see you and that anything that is broadcast will be 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. Each vote taken in this meeting will be conducted by roll call vote. MINUTES Call to Order Announcements Note : All votes were made by roll call vote. The meeting was called to order by Chairman Pease with all in attendance. 1.0 LSIC- Change request- Date of Drawdown modification. Wendy Gendron appeared before the commission representing the LSIC. CL asked if JV wanted to know if his disclosure form was submitted and approved. BP noted that is between JV and the ethics commission and consultation with town counsel it was stated that is up to the individual. JV noted it was filed and feels there is no conflict on this issue. Wendy Gendron wanted to present the commission with a request for field change and that it was not for this year as it was going ok. She asked for this for future years. CL noted that it is difficult sometimes to get to lower levels. He asked what was the justification for the request to change it for a date (Dec 1) that has not come in range as of yet and stated this issue could be discussed at the November 18, 2020 ,meeting if there was an issue. WG noted was the request for future years and indicated LSIC would be willing to consult with the commission was for future yeas and rather than come back for emergency certifications that having it written within the order of conditions would allow for it for be written into the process. Cl noted that this depth of a change should be subject to a more intensive review. BP asked MM to verify the written request. MM noted it was the same in writing as what Wendy Gendron stated earlier and this was for a field change request. JR verified what the language was with the applicant. Wendy noted that the Shirley Con Com adjusted their version of the order that if further time is needed they could come to the ===PAGE 3=== commission as a part of the current order instead of an emergency certification. Jr noted he visited the site and noted that the past Order allowed for a drawdown up to 9 feet. He further noted the GEIR required the Dec 1 date and deviation had to have justification. Wendy Gendron noted that the GEIR calls for consultation with Fish and Wildlife if the level goes beyond 3 feet. She noted that Fish and wildlife could be consulted in the odd ball years. JR noted that fish and wildlife approved up to 6 feet. JR noted if we go beyond 6 feet then we would have to go to fish and wildlife if they go deeper. KJ noted that the request was not for deeper than 6 feet. JR noted that if was beyond Dec 1 the applicant needs to go back to fish and wildlife. BP clarified the request was to be allowed to go to Dec 31 if the 6 foot drawdown was not approved by Dec 1 they could come to ask for the extended date by procedure. CL noted that the order discussion was geared towards variability and noted that if the commission allows for the extension it shouldn’t be on reaching a certain level. KJ just allowing the flexibility based on weather is appropriate with the condition that they come to the commission for review and permission. Wendy Gendron noted KJ was correct that the level variability was based on weather and the request is not totally based on level. For example if the target footage was four feet and an extension was granted and it did not make it 4 and only 3 feet that was the variability. JV noted he let 6 feet for this year was critical and felt it should be up to fish and game at this point. He noted a variability could be based on. RB asked if they have been in front of the town of Shirley. He noted that during those times they needed the extended date it was allowed by the LCC and the town of Shirley was the agency that was against it. JR asked if fish and game gave us a waiver to go to the end of they year. RB noted it was DEP that had gotten involved and allowed it until Dec 31. He further noted subsequent discussion with DEP they had noted it could be allowed until Dec 31 by the commission. He noted that he felt the order could be adjusted to allow the commission to approve an extension of the drawdown on the extended basis. He also noted it could be an agents determination based on criteria of weather in the future but should not be part of that vote tonight until the criteria was established and he felt that it could be granted tonight as long as it was reviewed yearly. Cl asked for clarification if RB was in agreement with modifying the order of conditions tonight and wanted to know if they could come back every year at the second November meeting. RB noted he would be in favor of the change as long as it was brought back to the commission every year. BP asked if a filed change was the correct way to do this. MM at the request of BP narrated the fields change versus the amendment process and what could trigger an amendment. B P polled the membership CC JR KJ BP and JV noted a field change was appropriate RB and Cl noted they felt it should be an amendment. BP noted that the field change requested would require a change to the order of conditions and didn’t think a field change would be sufficient. Joy Derner abutter noted she had concerns that she had concerns about the effects of the depth of the drought. She noted that there was a rapid draw down and it looks like its likely 6 feet in depth. She asked if the actual depth has been measured and even just the Dec 1 st could be greater than 6 feet. BP screen shared the data from the LSIC on the dam measurement at 45 inches. KJ noted that the request was not for this year. Wendy Gendron confirmed it was not for this year, She also confirmed at the start of this year the lake was indeed down by 8 inches. RB noted that depth below 6 feet usually would up having generated complaints from the residents for we ll issues. JV noted he used a laser level and got a measurement of 48 inches From a reference he established as the normal lake level. JR noted that by his estimates they could reach the levels this year was this vote even necessary at this time. Wendy Gendron noted she wanted to ensure that the administrative record would be clean. BP noted that his understanding was that Shirley Con Com was open to allowing the DEC 31 date if Lunenburg was willing to allow it and both towns would be consistent. CL noted the commission is being asked to change their order to accommodate wishes of the Shirley Conservation Commission and didn ’t understand why the vote was even necessary. Wendy Gendron noted the purpose was to allow for an administrative record allowing a revised procedure that would be consistent with both orders. CL felt that an amendment was the cleanest way to go administratively. Wendy noted that the filed change would generate a record and not necessarily a change but it would accomplish the same thing. RB stated that a change to the order would require an amendment. RB made a motion to send a letter to the Shirley ConCom, pending a positive vote, stating that the LCC will amend the order of conditions to end the drawdown at 6 ft. of depth or until Dec. 1 st and that they would be open to annual approval of extending the drawdown until Dec. 31st pending proper notification and amendment to the order. RB further clarified his opinion that a change to a line item in the order could not be changed via a field change.. CL seconded. KJ noted the cleaner way to do it was an amendment. JR noted he was in agreement with RB. The motion was passed by the commission by a vote of ===PAGE 4=== RB, CL, BP, CC, KJ yes and JV no. JV and BP both restated that they felt a field change would have been appropriate. MM noted that a limited abutter notification could be attempted to allow the process to move forward. RN indicate he was comfortable with that as long as there was notification in the paper. CL expressed concern that a limited notification for a requested amendment would not comply with regulations. KJ was OK as long a notifications met the regulations. Wendy stated that they would proceed with an amendment in Shirley as there were only 22 abutters but the expense to process an amendment in Lunenburg would be too expensive and they would proceed based on waivers as required in the future years. JR asked if a workshop could be added for procedures on when items are denied and narratives as such to the next agenda. 2.0 Adjourn RB motioned to adjourn KJ seconded and the commission voted unanimously. At 8:05 PM