# conservation-commission — 7 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 : 2020-11-04-agenda-6257.txt BOARD : conservation-commission DATE : 2020-11-04 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2020-11-04-agenda-6257.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_11042020-6257 ======================================================================================== ===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 4, 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: 11/04/2020 7:00 pm End: 11/04/2020 10:59 pm Summary: Conservation Commission Description: Join Zoom Meeting https://us02web.zoom.us/j/89536692386 Meeting ID: 895 3669 2386 One tap mobile +13126266799,,89536692386# US (Chicago) +19292056099,,89536692386# US (New York) Dial by your location 877 853 5257 US Toll-free 888 475 4499 US Toll-free Meeting ID: 895 3669 2386 Find your local number: https://us02web.zoom.us/u/kdPn4L4WV9 Location: https://us02web.zoom.us/j/89536692386 ===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 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 – October 7, 2020. October 21, 2020 and October 28, 2020 Appointments/Hearings –commences at 7 PM Appointments: 1. Hannigan Engineering- informational 99 Ruth St Pursuant to the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a request for a determination at 312 Townsend Harbor Road. Repairs to a section of retaining wall at Lakes’ Shore Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public meeting on an amendment request of Notice of Intent by William and Rosina Emkey for work at 445 Townsend Harbor Road will be held. Work entails the installation of an addition within the 100 foot buffer zone of a wetland resource area CONTINUED: 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. CONTINUED: 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. CONTINUED: 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 the buffer zone. CONTINUED: 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 ===PAGE 3=== CONTINUED: Pursuant to MGL ch. 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal 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 ENFORCEMENT: Violations (Enforcement Actions and Administrative Hearings). NON 99 Ruth Street – update 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 – Old Business – Update on trails grant – status report, if any. Certificates of Compliance – COC 15 The lane Extension Permit – none to present Committee Reports – Any Updates Administrator’s Reports/action items: Administrators determination – 20 fire road 19 one tree 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 ===PAGE 4=== ======================================================================================== DOCUMENT : 2020-11-04-minutes-6257.txt BOARD : conservation-commission DATE : 2020-11-04 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2020-11-04-minutes-6257.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_11042020-6257 ======================================================================================== ===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 MINUTES November 4, 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: 11/04/2020 7:00 pm End: 11/04/2020 10:59 pm Summary: Conservation Commission Description: Join Zoom Meeting https://us02web.zoom.us/j/89536692386 Meeting ID: 895 3669 2386 One tap mobile +13126266799,,89536692386# US (Chicago) +19292056099,,89536692386# US (New York) Dial by your location 877 853 5257 US Toll-free 888 475 4499 US Toll-free Meeting ID: 895 3669 2386 Find your local number: https://us02web.zoom.us/u/kdPn4L4WV9 Location: https://us02web.zoom.us/j/89536692386 ===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. 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 All members were in attendance. Minutes of previous meetings – October 7, 2020. October 21, 2020 and October 28, 2020 The minutes for the October 21 and Oct 28 meetings were accepted by a motion on the 10/21 by KJ and a second by CC. The 10/29 minutes were approved by a motion of KJ and a second by JR. Both motions were approved by unanimous roll call vote. Appointments/Hearings –commences at 7 PM Appointments: 1. Hannigan Engineering- informational 99 Ruth St – Chris Anderson appeared before the commission and presented the draft plan for the ordered remediation for the next meeting as the Notice of Intent was filed timely for the November 18, 2020 meeting. It was informational to illustrate the details laid out under the ongoing enforcement action. No action was taken by the commission at this time. Pursuant to the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a request for a determination at 312 Townsend Harbor Road. Repairs to a section of retaining wall at Lakes’ Shore Paula Bertram appeared before the conservation commission. After reviewing the photographic exhibits, CL moved to issue a negative determination of applicability, KJ seconded and the commission approved the motion by unanimous vote Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public meeting on an amendment request of Notice of Intent by William and Rosina Emkey for work at 445 Townsend Harbor Road will be held. Work entails the installation of an addition within the 100 foot buffer zone of a wetland resource area After reviewing the submitted supplemental documents, the commission approved an order of Conditions by a motion of CL and a second by JR with a unanimous roll call vote to approve the motion. ===PAGE 3=== CONTINUED: 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. This was continued until the November 18, 2020 meeting to allow the applicant the opportunity to appear by a motion of KJ and a second by CC with a unanimous roll call vote to approve the motion,. CONTINUED: Pursuant to the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Request for A Determination by Stanley Helstowski for work at 29 Fire Road 10. The work is for the removal of trees within the buffer zone. Mr Hesltowski appeared before the commission to review the cobble drawing and specifications that the commission asked to review. It was noted by Cl there was some discrepancy in the measurements and requested an amended drawing correcting the deficiency. RB in discussing the exact area the cobbles were to be placed asked the applicant to consider substituting the cobbles for river stone for a naturalized area. By agreement with the applicant, the meeting was continued to November 18, 2020 by a motion of CL and a second by RB with a unanimous vote to approve the motion by roll call vote. CONTINUED: 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 the buffer zone. This was continued until the November 18, 2020 meeting to allow the applicant the opportunity to obtain a DEP number by a motion of KJ and a second by CC with a unanimous roll call vote to approve the motion,. CONTINUED: 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 This was continued until the November 18, 2020 meeting to allow the applicant the opportunity to obtain a DEP number by a motion of KJ and a second by CC with a unanimous roll call vote to approve the motion,. CONTINUED: Pursuant to MGL ch. 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal 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 This was continued until the November 18, 2020 meeting to allow the applicant the opportunity to obtain required survey information by a motion of KJ and a second by CC with a unanimous roll call vote to approve the motion,. ENFORCEMENT: Violations (Enforcement Actions and Administrative Hearings). NON 99 Ruth Street – update Notice of Intent to be heard at the next meeting EO- Town of Lunenburg Fire Road 12 ENF 2019 Updates( If any) – awaiting for a response to Town Counsels notice NON - 9 Valley Road- NON – 232 Burrage Street –above EO – 788 Page MM taking the matter to the police for serving the Notice to the owner NON- 1263 Mass Ave RDA on for next meeting EO- 4 Townsend Harbor Road- see above New Business – Old Business – Update on trails grant – status report, if any. Certificates of Compliance – COC 15 The lane The COC was from an order dating back to 1999 was issued by a motion of RB and a second by CL and a unanimous vote to approve the motion ===PAGE 4=== Extension Permit – none to present Committee Reports – Any Updates Administrator’s Reports/action items: Administrators determination – 20 fire road 19 one tree MM reviewed the location of the tree to be removed with a tree replacement. The administrator’s determination was approved by a motion of CL and a second by RB and a unanimous vote to approve the motion. 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 18, 2020 at 7 PM The meeting was adjourned at 9:30 PM with a motion by KJ and a second by RB with a unanimous roll call vote to approve the motion ===PAGE 5=== ======================================================================================== DOCUMENT : 2020-11-18-agenda-6264.txt BOARD : conservation-commission DATE : 2020-11-18 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2020-11-18-agenda-6264.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_11182020-6264 ======================================================================================== ===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 Vivian Conservation Administrator Michael Larouche, Associate NOTICE OF MEETING November 18, 2020 Revised Nov 16, 2020 at 11:00 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 Conservation Commission Meeting Time: Nov 18, 2020 07:00 PM Eastern Time (US and Canada) Join Zoom Meeting https://us02web.zoom.us/j/82764089424 Meeting ID: 827 6408 9424 One tap mobile +13017158592,,82764089424# US (Germantown) +13126266799,,82764089424# US (Chicago) Dial by your location +1 301 715 8592 US (Germantown) +1 312 626 6799 US (Chicago) +1 929 205 6099 US (New York) +1 253 215 8782 US (Tacoma) +1 346 248 7799 US (Houston) +1 669 900 6833 US (San Jose) 877 853 5257 US Toll-free 888 475 4499 US Toll-free Meeting ID: 827 6408 9424 Find your local number: https://us02web.zoom.us/u/kngRbN0Ud No participant ID is needed, just press # when asked. All participants who are not members of the ===PAGE 2=== 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 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 – October 7, 2020. Appointments/Hearings –commences at 7 PM Appointments: Pursuant to the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Notice of Intent by the Lake Shirley Improvement Corporation for an amendment to an existing Order of Conditions for th e extension of the drawdown date from Dec 1 of each year to Dec 31 if required due to Unforeseen Circumstances . 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 November 18, 2020 by zoom remote Zoom information will be published on the town calendar on November 16, 2020. Pursuant to the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Notice of Intent by John Fournier, 25 Pearl Street ,for the construction of an extension to a deck , demolish and rebuild an existing garage ,and upgrade of a septic system. 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 November 18, 2020 by zoom remote Zoom information will be published on the town calendar on November 16, 2020. Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public meeting on an amendment request of Request for a determination by Mark Flagg for work at 1263 Mass Ave will be held. Work entails the grading and stabilization of an existing parking area. 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 for November 18, 2020 at 7 PM by Zoom meeting link to be issued by November 16, 2020 The public is invited to attend. Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public meeting on an amendment request of Request for a determination by George Yapp for work at 28 Oak Ridge Road will be held. Work ===PAGE 3=== entails the removal of a triple stemmed oak and the rebuilding of a shed. 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 for November 18, 2020 at 7 PM by Zoom meeting link to be issued by November 16, 2020 The public is invited to attend. Pursuant to the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a request for a determination at 1168 R Mass Ave by M2 Trust for the demolition of an existing single family home and shed. 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 November 18, 2020 by zoom remote Zoom infor mation will be published on the town calendar on November 16, 2020. 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 a concrete retaining wall, rebuilding of an existing well pump house to expand the foot print by 18 feet long by 6 feet wide. 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 November 18, 2020 by zoom remote Zoom information will be published on the town calendar on November 16 2020 Pursuant to the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Notice of Intent by Gary Williams at 99 Ruth Street for the installation of wooden stairwell, dock and maintenance of an existing cart path. The s upporting 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 November 18, 2020 by zoom remote Zoom information will be published on the town calendar on November 16, 2020. CONTINUED: 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. CONTINUED: 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. CONTINUED: 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 the buffer zone. CONTINUED: 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 z one 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 A dministrative Hearings). NON 99 Ruth Street – update EO 90 Ruth Street 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 – Approvla of payments for eagle scout reimbursement and Table Rock signs from trust funds Discussion of Land Use Policy Old Business – Update on trails grant – status report, if any. Certificates of Compliance – Paul Gougen 675 Reservoir Road Extension Permit – none to present Committee Reports – Any Updates ===PAGE 4=== 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 December 2, 2020 at 7 PM ======================================================================================== DOCUMENT : 2020-11-18-minutes-6264.txt BOARD : conservation-commission DATE : 2020-11-18 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2020-11-18-minutes-6264.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_11182020-6264 ======================================================================================== ===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 Vivian Conservation Administrator Michael Larouche, Associate MINUTES November 18, 2020 Revised Nov 16, 2020 at 11:00 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 Conservation Commission Meeting Time: Nov 18, 2020 07:00 PM Eastern Time (US and Canada) Join Zoom Meeting https://us02web.zoom.us/j/82764089424 Meeting ID: 827 6408 9424 One tap mobile +13017158592,,82764089424# US (Germantown) +13126266799,,82764089424# US (Chicago) Dial by your location +1 301 715 8592 US (Germantown) +1 312 626 6799 US (Chicago) +1 929 205 6099 US (New York) +1 253 215 8782 US (Tacoma) +1 346 248 7799 US (Houston) +1 669 900 6833 US (San Jose) 877 853 5257 US Toll-free 888 475 4499 US Toll-free Meeting ID: 827 6408 9424 Find your local number: https://us02web.zoom.us/u/kngRbN0Ud No participant ID is needed, just press # when asked. All participants who are not members of the ===PAGE 2=== 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 Announceme nts 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 – October 7, 2020. Approval was put off to next meeting to allow review. Appointments/Hearings –commences at 7 PM - chairman Pease opened the meeting at 7 PM with all members present except JV Appointments: Pursuant to the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Notice of Intent by the Lak e Shirley Improvement Corporation for an amendment to an existing Order of Conditions for the extension of the drawdown date fr om Dec 1 of each year to Dec 31 if required due to Unforeseen Circumstances . 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 November 18, 2020 by zoom remote Zoom information will be published on the town calendar on November 16, 2020. WG came in front of the commission and due to financial concerns concerning abutter notifications withdrew the application. WG stated they would request extension of the drawdown deadlines on a year by year basis by emergency request as has been done in the past.. There was no further action required. Pursuant to the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Notice of Intent by John Fournier, 25 Pearl Street ,for the construction of an extension to a deck , demolish and rebuild an existing garage ,and upgr ade of a septic system. 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 November 18, 2020 by zoom remote Zoom information will be published on the town calendar on November 16, 2020. ===PAGE 3=== John Fournier appeared before the commission for the hearing. Dan Wolfe appeared before the commission and noted the property is currently under distressed condition. There was soil testing for the septic system to consider options. He noted the offsets of the well and the lake that was under consideration. Due to the requirements of variances that may be necessary under title V, it was decided with the board of health that a tight tank holding 4000 gallons would be required. Mr, Wolfe outlined also that an 8 by 20 addition that is an outside storage area was also added to the plan on the east side of the house. There was also a proposed garage to be rebuilt and the well casing at the entrance of the garage, deemed a poor location by Mr Wolfe was proposed to be lowered as well under agreement with the board of health. There was also an extension of the existing deck proposed as well as the addition of a roof over the deck with a four foot walkway on the west side. The applicant proposed to remove 2 large oaks by the garage due to it being viewed by the applicant as a detriment to the garage. On the far west side the parking space was proposed to be expanded by pavement to allow for a second car to fit in. There is also a tree closer to the water that is desired to be taken down due to it dying and Mr Wolfe noted on the plan where the general area was although it was not located on the plan. CL asked about the edge of wetland delineation versus high water mark. Mr Wolfe noted that the high water mark was considered the edge of the wetland. CL noted that there was no 30 foot no touch zone on the plan. Mr. Wolfe acknowledged it was not on it and the deck, which is the closest proximity of any work within the buffer zone is 30 feet. Mr Wolfe clarified that flag 20-7 noted on the plan was the flag used to calculate the closest extent. CL noted that minus the deck, there was a large amount of work within the 50 foot no stricture zone and would require a waiver. He examined alternative locations with the applicant. It was noted that the no structure regulations apply to additions as well. CL also noted the location of the tight tank within the 50 foot no touch zone and asked about an alternative location. Mr Wolfe noted the current location was dictated by the well. CL noted there was some room to move the tank. Mr. Wolfe agreed that he could move the system a few feet up, however, the current area left room to work. JR asked if the tank could be turned to the side and move farther away from the 50 foot zone. He asked if water could pass through the deck and noted that there was an increase in impervious. He asked about the additional trees and could they be marked, He also asked about alternative locations of the additions. RB echoed the concerns about moving the tight tank. RB asked of the deck would be rebuilt prior to the construction of the overhang. The applicant noted that it was going to remain as is. RB echoed concerns about the impervious increase voiced by CL and JR. RB examined the zoning issues relative to the garage and the lean-to addition . Mr. Wolfe cited the zoning by laws to the commission to answer RB’s zoning questions. RB noted the proposed parking area and that the remainder of the parking area is packed gravel and wondered if any of that would be removed to compensate. Mr Wolfe noted that it was not possible as the remining area was an abutter’s property. The applicant noted that the driveway is not going to be extended, but rather to square it off and the surface is currently paved in and there is an infiltration structure is proposed. MM asked about the ZBA hearing that was scheduled. Mr Wolfe noted that the zoning by law allows for the work within the lot, however there was a height issue and outlined that the elevation would be five feet higher than current zoning allows. BP noted that he had no objections with the deck covering and the tight tank as the tank was subsurface. He also noted that he agreed with the suggestion to move the storage area and the 30 foot zone and the tree to be removed should be added to the plans. CC noted she was in agreement and KJ also cited agreement. Mr Wolfe asked for a continuance of the hearing and noted he would examine changes to improve the overall situation. BP suggested that the exiting pavement should be shown on the plan versus the proposed addition of pavement. JR asked also for the identification of the tree to be removed. A motion was made by RB to continue to Dec 2 at 7 PM, CL seconded and the commission voted unanimously by roll call vote. Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public meeting on an amendment request of Request for a determination by Mark Flagg for work at 1263 Mass Ave will be held. Work entails th e grading and stabilization of an existing parking area. Application and supporting documents are available for review at the ===PAGE 4=== 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 for November 18, 2020 at 7 PM by Zoom meeting link to be issued by November 16, 2020 The public is invited to attend. Lisa Carlesco appeared before the commission to represent the applicant. Mark Flagged noted the potential violation. MM explained the isolated wetland area and the jurisdiction involved. KJ asked if there as any further proposed work. Mr Flagg answered no. CL noted that he saw nothing alarming and noted that there was no concerns over material He was examining the area in question and was wondering how it would be memorialized. MM noted that he would note the limits and distance from the wetland would be noted on the finding of fact page. RB asked about demarcating the limits of the wetland land area. He noted a right of way also on the plan. It was determined that the right of way was for the school. Cl suggested adding boulders for demarcation. Mr Flagg noted he would be willing to do so. MM noted he will add the demarcation requirement on the finding of fact page. KJ moved to issue a negative determination with the additions of demarcation of the limit of work and boulders on the finding of fact page. RB seconded and the commission voted unanimously by roll call vote. Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public meeting on an amendment request of Request for a determination by George Yapp for work at 28 Oak Ridge Road will be held. Work entails the removal of a triple stemmed oak and the rebuilding of a shed. 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 for November 18, 2020 at 7 PM by Zoom meeting link to be issued by November 16, 2020 The public is invited to attend. Mr Yapp appeared before the commission to represent himself. He outlined the shed construction to the commission. He did note the trees to be cut would not be stumped.. KJ asked if the shed would be in the same place. Mr Yapp noted it would be moved back a few feet but not closer to the lake. CL noted the replanting requirement. He wanted to see where the trees would be replanted. And asked for further information of the size of the shed be documented further. Mr Yapp asked for what the commission would prefer. Cl noted that the replacement rate would likely be a 2 to 1 ratio as the trees were over the 8 inch diameter measurement cited in the regulations and could require up to 6 trees. Mr. Yapp asked about potential locations of the trees to ensure that it would not be a problem to the house in the future. The regulation was reviewed by Cl in the future. RB noted that the definition of the shed should added to the application. It was also noted that the shed would be above ground . MM suggested a site inspection. BP noted that it was his opinion that the trees on site presented a hazard and had no objections, He did note that the trees were not on the lake providing shade and felt it could be located closer to the street. KJ noted he also had no objection and noted that he could consider a waiver for the tree numbers in the regulation to go to a 1 to 1 replacement. JR noted that the tree requirement was to replace the habitat. A motion was made to continue to December 2 at 7 PM by Cl and a second by JR with a unanim ous vote by the commission ( roll call ) Pursuant to the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a request for a determination at 1168 R Mass Ave by M2 Trust for the demolition of an existing single family home and shed. 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 November 18, 2020 by zoom remote Zoom information will be published on the town calendar on November 16, 2020. Justin Powell appeared before the commission to represent M2 trust. He outlined the project for the commission . He noted the structure would be removed and no structure put in its place. It would be stabilized MM noted the large barn was not in the original area. He recommended it be added to the plans. RB noted that the stabilization area and grading should also be memorialized. Mr Powell noted that the barn will be part of the file. MM noted he would like to go out to the site to determine the extent of the wetland area. RB moved to continued. CL seconded. All members present except KJ noted to approve the motion on the roll call vote. 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 a concrete retaining wall, rebuilding of an existing we ll pump house to expand the foot print by 18 feet long by 6 feet wide. 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 November 18, 2020 by zoom remote Zoom information will be published on the town calendar on November 16 2020 Brian Tower appeared before the commission to represent himself. He withdrew the expansion of the shed from consideration and asked for the fence and existing retaining wall replacement only. A negative determination was made by RB for the replacement of the fence with a vinyl fence at the same height and the retaining wall noting on the finding of fact the expansion was removed. ===PAGE 5=== JR seconded and the commission voted unanimously by roll call vote. Pursuant to the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Notice of Intent by Gary Williams at 99 Ruth Street for the installation of wooden stairwell, dock and maintenance of an existing cart path. The suppo rting 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 November 18, 2020 by zoom remote Zoom information will be published on the town calendar on November 16, 2020. Chris Anderson represented the applicant. He outlined the specifics of the site and the enforcement history. Mr Anderson outlined the impacts due to work and relative to a storm event, He further outlined the maintenance plan field for the pathway and that it would be proposed as a perpetual plan. He noted the current conditions of the site relative to the structures ( stairwell and dock) still on site. He noted the securing of the dock and the stairs by pinning. He noted the decking platform was removed and requested to reconstruct the platform measuring 16 feet by 16 feet to be pinned to the ground w ith no ground work. He outlined the concerns the commission expressed over the rope swings placed over many years, It was noted that the areas where the swings were placed would be stabilized by erosion control blankets and shrubs planting. There will be no earth activities on this esker due to the subsurface content being gravel and a concern was expressed that it would a potential erosion issue otherwise. It was noted during the current drawdown there was some areas undercut from currents and was proposing some sone to stabilize with interspersed plantings to establish a more naturalized shore area. The maintenance plans propose no further vegetation removal wither than maintenance of limbs to be cut by hand with the material being removed from the site. Rutting will be filled with soil and smooth graded. JR examined the amount of shore that would need to be stabilized. Mr Anderson noted that the only areas to be stabilized would be only those areas affected and not the entire shoreline. JR asked about the path and any erosion issues, M r. Anderson noted the gravel would added to only those areas that rut out. It was also noted that one tree had fallen in the lake and needed to be removed. The tree would be cut by hand and the detritus dispersed for wildlife enhancement. JR noted there was a lot of work and was concerned about the work Phasing. CL noted he was pleased with the stabilization of the areas of the historical swing. He further examined slope stabilization. Mr Anderson is that the feature of this plan there is no earth work propos ed. The tublings were very small plantings that would be dug on by hand and will establish a shrub planting area. He noted that there was a similar planting at 380 sunset and noted that the plants died and noted it would take a lot of work. He noted there should be a minimum of a 2 year requirement to be placed to ensure survival. CL also asked how many trees were removed and what the plan is to repla ce those. It was noted by Mr. Anderson that trees that were cut were not within the 30 foot zone and that th e trees were cut by hand. The trees were either dead or dying. It was noted that the regulation for jurisdiction was within 100 feet. Mr. Anderson noted that the tree regulation in the bylaw stated that the tree replacement was within the 30 foot zone only . CL noted he did not support the platform being placed back. He did note he could understand the stairs and the dock. JR noted that the tress within 100 feet should be replaced. RB noted that the cart paths should be maintained to be no wider than 60 inches. And that the any regrading of the path should be covered with wood chips or leaf litter. This would also apply within the area of the former platform. He indicated he did not support the construction of a platform. He also indicated that the areas of stabilization be shown to be growing for a 3 to 5 year period. KJ indicated agreement with the use of the leaf litter or wood chips. He indicated he was in favor of the platform as it would prevent erosion issues from developing with people congregating at that potion of the site. Cl and JR indicated they were not in favor of the platform. Jr had no objections to the fire pit with the condition that it would not be dug in. They both indicated they were ok with the stairs and the dock. CC indicated agreement with JR and CL. BP also indicated he was in favor of the dock and stairs. He did not feel that the platform could be allowed due to prior precedent. BP reviewed the trees cut along the tip of the esker. It was noted that not all of the trees were not within our jurisdiction and some were not within the 100 foot buffer zone. Jim Lavoie, (a member of the public who lives across from the peninsula,) noted his issues with the stabilization his areas. He outlined his understanding of the enforcement issues and feels that no structures should be placed in this esker. He noted that there was 900 foot length to access the area. He noted that the dock was used by multiple parties to access the end of the peninsula. He felt this would set a negative precedent. RB noted that he understood the concerns by Mr. Lavoie however, there was no jurisdiction by the commission to dictate the use of the property and he was in favor of the dock location as it minimized the impacts to the greatest degree possible. BP noted that it was a 2 acre lot with 200 feet of frontage and has an issue prevent ing a landowner from its use. He feels the plan will prevent trespassers and would correct issued cause by prior trespass. A motion for a maximum 60 in cart path maintained by mulch or leaves on the path way as needed and that erosion off the stairwell be remediated immediately and that the platform is excluded. There will also be a 5 year requirement for the plantings and maintainence. CL seconded and the commission vote unanimously by roll call vote. CONTINUED: 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 ===PAGE 6=== energy system within the buffer zone. Due to the plan not being available and Mr Dugas having access issues to participate the meeting was continued to December 2, 2020 at 7 PM by a motion of RB and a second by CC and a unanimous roll call vote by the commission to approve the motion. CONTINUED: Pursuant to the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Request for A Determination by Stanley Helstowski for work at 29 Fire Road 10. The work is for the removal of trees wit hin the buffer zone. Mr Helstowski reviewed the revised drawing with the commission, noting he would go with the naturalized stone stabilization along the water that the commission recommended. JR mentioned that perhaps by regulation more trees would be planted. One tree was deed closer than the tree 14 feet noted on the plan. The remaining two would be planted father away due to constraints of the lot. CL asked about the height of the stone erosion barrier. Mr. Helstrowski said it would not exceed 12 inches. The review of the trees and the replanting was also completed. RB moved to approve a negative determination based on the revised drawing With six trees to be planted with one tree to be closer to the lake side and a maximum height of 12 inches for the erosion barrier to be no father out on the lake than the edge of grass. Cl seconded and the commission voted unanimously to approve the motion. CONTINUED: 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 the buffer zone. BP noted that the only item awaiting was the DEP number. With no questions, CL moved to issue an order of conditions. KJ seconded and the commission vote unanimously to approve the motion. CONTINUED: Pursuant to the Town of Lunenburg Wetlands Protection and Municipal Bylaws a publi c 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 z one A motion was made by KJ to continue the meeting to December 2, 2020 at 7 PM. Cl seconded and t he commission voted unanimously 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 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 gr avel A motion was made by KJ to continue the meeting to December 2, 2020 at 7 PM. Cl seconded and the commission voted unanimously to approve the motion. ENFORCEMENT: Violations (Enforcement Actions and Administrative Hearings). NON 99 Ruth Street – update Due to the above hearing being closed. The Commission removed this item from its agenda. EO 90 Ruth Street The owner of the property , Brian Dalmaso appeared before the commission. Mr. Delmaso said he did not add sand but was moving sand that had eroded from the beach back onto the beach. An RDA will be filed by Mr. Delmaso. EO- Town of Lunenburg Fire Road 12 ENF 2019 Updates( If any) BP noted a Notice of Intent was forthcoming from the home owner that would seek approval to remove the paved area. NON - 9 Valley Road- Working on NOI No update NON – 232 Burrage Street will be removed once an Order of Conditions is approved EO – 788 Page Street No update NON- 1263 Mass Ave - Due to the above hearing being closed. The Commission removed this item from its agenda. ===PAGE 7=== EO- 4 Townsend Harbor Road Due to the above hearing being closed. The Commission removed this item from its agenda. JR asked about 192 Townsend harbor Road and the status of such. It was noted that the owner contended that the driveway was preexisting. BP’s research noted that the date of the house being built predated the acquisition of the abutting parcel by the town. BP noted that Town Counsel is examining. RB recommended that it proceed as a trespass and it should be the owner of 192 Townsend Harbor provide evidence it was pre-existing, New Business – Approval of payments for eagle scout reimbursement and Table Rock signs from trust funds. MM reviewed the details of each item. It was agreed to approve the reimbursements for 495 dollars for the eagle scout project and to hold off on the table rock signs and ask if the parks department was willing to split the cost, by a motion from RB and a second by KJ with a unanimous vote to approve the motion - Discussion of Land Use Policy BP shared an email he received from Town Counsel. The legal opinion stated that it was his conclusion bow hunting as allowed and Firearms were not. He noted that if that was changed there was no requirement for quoting the general by law on seeking permission from the Board of Selectmen for using fire arms on Conservation Land. A straw poll was taken concerning using hunting on conservation lands with fire arms. JR and CC noted they were not in favor. KJ voted in favor. RB noted he was in favor on lands that were larger parcels and conducive. RB noted that the initial intention of the policy was to allow hunting with firearms with the permission of the board of selectmen and it was somehow changed in transcription and that MM was also familiar with the change of transcription of the policy CL noted that he would see some complications with allowing firearms on some parcels and not on others and indicated he wanted to keep it simple and was not in favor. JR noted he felt bow hunting was sufficient to control the animal population and that firearms may attract people from out of town. BP stated no. RB noted that the lands are currently being hunted by local bunters and outlined the town was looked favorably on by the state during the hunting hill grant as it was implied the town allowed hunting with firearms. BP noted options with regard to hunting and potential regulation changes. The Commission also reviewed Geo-cashing, trail stewardship and invasive management. BP proposed to take the revised draft and post it on the website for the Public Hearing during the meeting December 2, 2020 Old Business – Update on trails grant – status report, if any. Certificates of Compliance – Paul Goguen 675 Reservoir Road RB noted that the wetland replication area did not appear to be in place based on a photo from the site visit and the as built plan submitted and requested the owner be informed of this. This item was continued to the next agenda Extension Permit – none to present 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 – RB noted that some of the applications coming before us are not complete they should be left off of the agenda until they are complete if the time clock is not applicable. ML noted that he had a site walk with MM along with a representative with North County Land Trust on the Hollis Road property. He noted they also walked the Peabody Trail and noted that he saw the blown down trees that were taken care of. BP asked about a small bridge. ML noted they realized the bridge would be too expensive and will not pursue at that time. He toured an alternative area that could use a very small foot bridge that could be accomplished with an eagle scout project. ===PAGE 8=== Meeting Schedule- Next meeting is December 2, 2020 at 7 PM The meeting was adjourned at 11:05 PM on a motion from RB and a second from CC with a unanimous vote by the commission to approve the motion. ======================================================================================== DOCUMENT : 2020-12-02-agenda-6265.txt BOARD : conservation-commission DATE : 2020-12-02 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2020-12-02-agenda-6265.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_12022020-6265 ======================================================================================== ===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 Michael Larouche, Associate NOTICE OF MEETING December 2, 2020 Revised Nov 30 2020 11:32 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 Topic: Conservation Commission Meeting Time: Dec 2, 2020 07:00 PM Eastern Time (US and Canada) Join Zoom Meeting https://us02web.zoom.us/j/86455851398 Meeting ID: 864 5585 1398 One tap mobile +13126266799,,86455851398# US (Chicago) +19292056099,,86455851398# 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 (Washington D.C) +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: 864 5585 1398 Find your local number: https://us02web.zoom.us/u/kbQhXWIWGb 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 ===PAGE 2=== 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 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 – October 7, 2020 ,November 4 2020 and November 18 2020 . Appointments/Hearings –commences at 7 PM Appointments: FORUM FOR THE BENEFIT OF THE PUBLIC The Conservation Commission will hold a public forum/hearing for considerations of revisions to commission land use policy fo r land under the care and control of the Lunenburg Conservation Commission. The supporting documents are available for review a t 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, PUBLIC HEARINGS AND MEETINGS The Conservation Commission will hold a public hearing on a Notice of Intent by David and Kiley Boivin for work at 81 Maple Parkway for the replacement of a septic system . The 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.com. The Conservation Commission will hold a public hearing on a Notice of Intent by Jeff Stone for work at Lot 1 50 Page Street for the Construction of a single family home . The supporting documents are available for review at the Conservation Commission offic e by calling 978-582-4146 ext 431 by appointment. Emailing a PDF is also an option on request by emailing lcc@lunenburgonline.com The Conservation Commission will hold a public hearing on a Notice of Intent by Jeff Stone for work at Lot 2 50 Page Street for the Construction of a single family home . The 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.com CONTINUED: Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public meeting on a Request for a determination by George Yapp for work at 28 Oak Ridge Road will be held. Work entails the removal of a triple stemmed oak and the rebuilding of a shed. Application and supporting documents are available for review a t the Conservation Commission office by calling 978-582-4146 ext 431 by appointment. ===PAGE 3=== The Conservation Commission will hold a public hearing on a request for a determination by Gary Kroll for work at 398 Sunset Lane for the replacement of a dock . The 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.com CONTINUED: Pursuant to the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public meeting on a request for a determination at 1168 R Mass Ave by M2 Trust for the demolition of an existing single family home and shed. The supporting a re available for review at the Conservation Commission office by calling 978-582-4147 ext 431 by appointment. CONTINUED: Pursuant to the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public meeting 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. CONTINUED: 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 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. ENFORCEMENT : Violations (Enforcement Actions and Administrative Hearings). EO 90 Ruth Street EO- Town of Lunenburg Fire Road 12 ENF 2019 NOI FILED NON - 9 Valley Road- Working on NOI NON – 232 Burrage Street EO – 788 Page Street New Business – Old Business – Update on trails grant – status report, if any. Certificates of Compliance – Paul Gougen 675 Reservoir Road Penniman 137 Burrage Street Lots 8 and 9 Extension Permit – none to present Committee Reports – Any Updates Administrator’s Reports/action items: Administrators determination – 106 Sandy Cove Road one tree 50 feet from wetlands edge Open space and land and Trail use issues and strategies:  Forestry Planning /Encroachment on town open space ( udpates if any) Communications / public comment/ Adjourn - Meeting Schedule- Next meeting is December 16, 2020 at 7 PM reminder: RYANO AND HOLLIS ROAD WILL BE ON THE AGENDA AS NOTED AT THE MEETING OF NOV 18 th. ======================================================================================== DOCUMENT : 2020-12-02-minutes-6265.txt BOARD : conservation-commission DATE : 2020-12-02 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2020-12-02-minutes-6265.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_12022020-6265 ======================================================================================== ===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 Michael Larouche, Associate MIUNTES December 2, 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 Topic: Conservation Commission Meeting Time: Dec 2, 2020 07:00 PM Eastern Time (US and Canada) Join Zoom Meeting https://us02web.zoom.us/j/86455851398 Meeting ID: 864 5585 1398 One tap mobile +13126266799,,86455851398# US (Chicago) +19292056099,,86455851398# 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 (Washington D.C) +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: 864 5585 1398 Find your local number: https://us02web.zoom.us/u/kbQhXWIWGb 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 ===PAGE 2=== 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. Call to Order Called to order 7 PM Chairman Pease Presiding …All in attendance. Announcements JR noted the passing of past commission Chair Nancy Ireland Schoal at 96 Years of age and noted that we see this day the results of her past efforts. CL noted that he did not see any recent reports of the depths of Lake Shirley as he was concerned that it appears the lake level has gone up from about 6 ft. to 4 ft. and with rain could come up an additional 2 ft.. He noted that the Dec. 1 st. deadline on the drawdown has passed and expressed the hope someone from the Lake Association would come to the commission for an emergency approval as it is after the December deadline. He encouraged anyone on the lake to ensure they have brought their docks in. There was no comment from the public. 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 – October 7, 2020, November 4 2020 and November 18 2020. Appointments/Hearings –commences at 7 PM Appointments: FORUM FOR THE BENEFIT OF THE PUBLIC The Conservation Commission will hold a public forum/hearing for considerations of revisions to commission land use policy fo r land under the care and control of the Lunenburg Conservation Commission. The supporting documents are available for review a t 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, BP noted to the public that there was a mark ed up proposal for changes to the land use policy on the website for the public to review. He noted that the commission office had received many emails and Town Counsel input the day of the meeting and the full commission may not have had a chance to revie w all of them at that point due to the timing. He asked for comments from the commission. JR noted that he had completed a lot of research and will save comments as the commission progresses in its review. He asked if town Counsels comments could be paraph rased. BP noted that he had not time to review the entire document due to timing, however it was on the cloud for the commission to review. JR noted that there was a letter received from a Selectmen and he requested that it be read at the meeting. Jr asked about reading the other letters. BP noted it was not his intention to read the letters out loud and that they were there for the benefit of th e commission. He noted it could be taken up at the next meeting. RB noted that the Selectmen’s letter did note a request to be read into the record. RB read the letter from Selectmen Michael Ray Jeffries into the record. ===PAGE 3=== CL noted that there was a statement in the letter by the Selectman that the Board of Selectmen had the regulatory authority but that the commission had received input fr om Town Counsel stating the opposite and asked for Counsels’ ruling to be reviewed for clarification. He also noted that there were specific suggestions concerning language that he felt should be addressed. He also inquired how the received letters would be made available to the general public stating that the commission should facilitate availability of the letters to the public. BP reviewed the questions to Town Counsel. The first noted the policy as written was clear that firearm use was prohibited. He read the response to the second question asked which was concluded the Conservation Commission has the authority to set its own policies regarding land under its stewardship separate and independent from the Board of Selectmen. The Selectmen could attempt to transfer the land out of commission control, however article 97 of the state constitution may complicate that attempt. BP also noted that an yone wishing to obtain copies of letters submitted to the commission co uld contact the Administrator at the office requesting them. JR noted that the Board of Selectmen ( BOS ) had control to allow th e discharge of firearms. He noted that the commission does allow bow hunting currently. He felt based on regulation allowing hunting by firearm would create a conflict with the town general by law concerning discharge of firearm creating situation where the conflict may need to be resolved with the Board of Selectmen. Tom Alonzo noted he had a copy of town Counsel’s responses to the commission questions referred to by BP and noted that Town Counsel also stated in the response that if the Conservation Commission did prohibit hunting by firearm the BOS could not overturn that, however if the commission did allow hunting by firearm, it did not supersede the authority of the BOS with regard to the town general by -law requiring BOS permission to discharge a firearm on town lands. He also reviewed the redline version and noted that the redline version did not change the ban on firearms, except hunting hill and asked if the commission were going to change that. BP indicated the redline intention was for clarification of the language and was not a final version. BP indicated that the current redline version proposes to clarify Town Counsels interpretation that hunting with fire arms is not allowed on any lands except Hunting Hill. There was a straw poll at the previous meeting indicating there were a majority of commissioners in favor of that version, however, he also noted that there was no formal vote taken as of yet. Tom Alonzo encouraged the commission not to change the restriction as he feels the mixed use of the open space was not compatible. He noted that there are areas not within the limits of town nearby where hunters often use. He also noted the issue came before the BOS last year and the vote was to uphold the commission prohibition. MM noted that he also spoke to Town Counsel on more than one occasion and clarified the BOS by law pertained to all town lands and the commission, if it were to allow for hunting would not override the BOS authority and agreed with Mr. Alonzo’s interpretation of the same by laws. KJ examined the land use polices of surrounding towns, naming Groton, Pepperell Shirley and Westminster and noted that hunting is allowed with certain exceptions. He noted that it appears that they name list only certain parcels where hunting is prohibited. He feels it is actually a commonplace practice to allow it. He feels that firearm hunting should be allowed on certain larger parcels and can be done safely. Mark Bursch addressed the commission stating his agreement with KJ. He stated that all open spaces by the commonwealth is allowed to be hunted. He noted that he comes from a long family line of outdoors men (women). He noted that his research on the data of safety and there is no indication it is unsafe. He reviewed the safety training requirements for licensed hunters. He noted the history of the Hunting Hill purchase and it was a requirement by the commonwealth that hu nting with firearms be allowed as a condition of the grant award however it is a rather small parcel . He proposed the commission examine splitting the usage of larger parcels so all could use it. He mentioned that he pays taxes and his uses should have the same right as others. RB noted his family’s history of safely hunting in the town of Lunenburg. He expressed disappointment that guns in general and guns used in hunting are generally grouped together. He noted it has been a long standing family activity. He noted that the issue of gun violence and gun control is a separate and tragic issue, however, it should not be a part of this discussion. He also noted that the City of Fitchburg also allows firearms hunting on its open space. He stated he supports firearm hunting on the larger tracks of Conservation land on the northern boundaries and named several large parcels of land in town that could potentially be segregated allowing for both activities. He expressed that it was unfair if one groups wants an acti vity on certain pieces of property but are banned because someone else says they have the right to use the property whenever they want. BP did clarify the commission allows bow hunting on all of its lands and the current discussion is only pertaining to f irearms and the continued discussion should assume it. MM noted that in Westminster hunting with firearms is allowed on all their lands with the exceptions of two parcels, due to one parcel being clear cut and converted into a scenic vista and abutting w oods are used for concentrated uses such as camping. The Crocker Pond area was prohibited due to concentrated camping as well, also being utilized by senior citizens. He outlined that in speaking to Pepperell Conservation that hunting was at one point proh ibited ===PAGE 4=== on all land, in all forms. This was changed due to the fact the open space were getting overrun by deer with only one parcel exception. He also noted in Tyngsborough, having similar dynamic also allows hunting by firearms on its larger parcels. He felt the surrounding towns appear to support RB’s position. Lyn Mann 463 Burrage Street expressed appreciation for the open discussion and can appreciated the differing views and currently was leaning towards the views RB expressed about segregating. She read a prepared statement (submitted to file).She is not opposed to hunting in general but does oppose the use of firearms on public Conservation Land. Her letter noted the heavy uses of the town lands by different segments of the population. She noted that fire arms have a longer range than bows and expressed concerns for safety. She noted that larger parcels that are not heavily used , or used for recreatio n, do have the potential to be segregated to allow firearms usage. Susan Dempsy of 108 Robbs Hill Road noted the section of current regulation does not allow for activities that disturb the peace and quiet and noted that firearms discharging would violate that particular regulation. She also noted that there are other larger parcels that c an currently be utilized for hunting. She asked how far was hunting was setback from the trail. CC noted in general she is opposed to firearms on Conservation land in gen eral, however was open to the point that RB made earlier of segregating large parcels. She also felt there should be a lot of public outreach work with regard to hunting seasons. JV also noted agreement with the points made by RB earlier. Mark Bursch stated that firearms hunting is not 365 days per year and is a very limited season and specifics could be worked out in regard to parcels that could be hunted with firearms . He noted that the police has only had 11 calls in 3 years regarding hunting, which is considered low. He also noted that at least 5 deer have been hit by autos this previous fall alone . He stated hunting is a form of passive recreation. He noted he spoke to a great number of local families and could provide a complete list of names of thos e who support hunting. JR also noted that he spoke to a number people and some concerns were expressed about children playing in the woods. He felt that segregating properties may exclude a larger segment of the population. He enumerated some administrativ e concerns over segregating that he feels should be addressed if segregating is allowed. Tom Alonzo emphasized the section 2.5 of regulation regarding the peace and quiet. He clarified that no person would be denied access, however, it would be subject to activities allowed. He noted that as pointed out, there is a large amount of open spaces in neighboring communities that could be utilized. It has been prohibited for so long he did not see the impetus allowing it at this point. Laura Boussum noted agreem ent with Sue Dempys’s and Lyn Mann’s earlier statements. She noted the Mass Wildlife schedule of different hunting seasons that appeared to stretch through the year. Lynn Mann also questioned the year round schedules of what type of hunting is allowed. BP noted that it would be researched. KJ expressed the need to be very careful about throwing out section 2.5 of the bylaw concerning “ people’s peace” citing snowmobiles as a items that could be brought up. He feels the commission should be sensitive to the t ypes of current multi uses of the open spaces. Steve Weaver at 288 Holman Street noted that he has a license to carry and has hunted in the past. He stated that he is a Vietnam veteran, has been a police officer, fire fighter and EMT. He lives near the Lane property. He noted that Children had ridden bikes on the Peabody propert y, which allows hunting with firearms, and came off it scared because they felt somebody was shooting at them. He also noted that at the State owned proper ty, Bolton Flats, every ot her year somebody is shot over there. He felt the problem was that it is open to everybody. He noted a personal friend that had been shot and killed on his own property with by a hunter. He recommended the commission not to allow it. The session was ended and will be discussed at the next meeting. BP noted the next meeting was not scheduled to be a public hearing nor an open session. He did invite the public to come to the meeting to observe the continued discussion. He also suggested the Commissioners who are in favor of firearm hunting will have a chance to draft what they want to do to see if they can get 4 votes. ===PAGE 5=== PUBLIC HEARINGS AND MEETINGS The Conservation Commission will hold a public hearing on a Notice of Intent by David and Kiley Boivin for work at 81 Maple Parkway for the replacement of a septic system . The 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 em ailing lcc@lunenburgonline.com. The hearing was continued to the December 16, 2020 at 7 PM, meeting as there was no one appearing for the applicant and lack of a DEP number by a motion of KJ and a second by RB with a unanimous roll call vote approving the motion. The Conservation Commission will hold a public hearing on a Notice of Intent by Jeff Stone for work at Lot 1 50 Page Street for the Construction of a single family home . The supporting documents are available for review at the Conservation Commission offic e by calling 978-582-4146 ext 431 by appointment. Emailing a PDF is also an option on request by emailing lcc@lunenburgonline.com The Conservation Commission will hold a public hearing on a Notice of Intent by Jeff Stone for work at Lot 2 50 Page Street for the Construction of a single family home . The supporting documents are available for review at the Conservation Commission offic e by calling 978-582-4146 ext 431 by appointment. Emailing a PDF is also an option on request by emailing lcc@lunenburgonline.com Both parcels were head in block form as they area abutting lots. Greg Roy appeared before the commission for the applicant. MM noted that DEP has not issued a file number for either lot. Mr. Roy explained the project consisting of 2 single family homes on abutting lots on Page Street. He noted they were adjacen t to the Municipal Cemetery, the boundaries sharing a stone wall. He outlined the wetlands and the setbacks for the 30, 30 and 100 foot buffer zones. He outlined the proposed mitigation for erosion. JR asked of the wall on lot one running adjacent to the wetlan d would be left in place. The answer was yes, and there would be no work proposed within the 30 foot zone. Mr. Roy noted the l ot has some constrains, however, there would be no work at all within 30 feet only grading within the 50 foot no structure zone. JR noted the applicant may want to continue the boulders along the rear of the lot to continue the demarcation of the 30 foot n touch zone. CC asked for current site conditions and the type of trees to be cut. Mr. Roy noted that lot one may have some small degree of c learing, however most of it was already cleared. BP did requires that the plans be updated to reflect the trees tha t would be removed from the site be added to the plans. He also asked Mr. Roy to stake out the house for the site visit. There was no public comment. Lot 1 : The meeting was continued to December 16, 2020 at 7 PM by a motion of KJ and a second by JR wit h a unanimous vote to approve the motion. Lot 2 : The meeting was continued to December 16, 2020 at 7 PM by a motion of KJ and a second by JR with a unanimous vote 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 meeting on a Request for a determination by George Yapp for work at 28 Oak Ridge Road will be held. Work entails the removal of a triple stemmed oak and the rebuilding of a shed. Application and supporting documents are available for review at the Conservation Commission office by calling 978-582-4146 ext 431 by appointment. George Yapp appeared before the commission to review the updated plan . BP noted th at based on the updated plans it was apparent that the trees to be removed were not within the 30 foot no touch zone and that there was no requirement for the tre es to be replaced. Mr. Yapp did show suggested replacements on the plan. JR Noted he was pleas ed with the proposed plantings shown on the revised drawing. JR expressed a concern about trees being to close to the septic area. It was resolved that there were elevation differences. BP noted that as it has been established that the tree replacement req uirement was not required as they were not within the 30 foot no touch zone, he wanted an updated discussion on this issues. KJ noted that as he is not required, he cant be compelled to do so. CL noted that he appreciated the detail of the drawing. He appr eciated that required or not, the applicant did a nice job looking to beautify the property. KJ moved that a negative determination be issued with the condition the trees can be replaced at his own discretion. JV seconded and the commission approved the mo tion by a unanimous vote. ===PAGE 6=== The Conservation Commission will hold a public hearing on a request for a determination by Gary Kroll for work at 398 Sunset Lane for the replacement of a dock . The 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.com Gary Kroll appeared before the commission to represent himself. CL recused himself from this proceeding as he is an abutter. Mr. Kroll outlined his project to the commission. JR asked if the removal will be done during the drawdown. JR moved to issue a negative determination CC seconded and the commission unanimously approved the motion by roll call vote ( CL recused). CONTINUED: Pursuant to the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public meeting on a request for a determination at 1168 R Mass Ave by M2 Trust for the demolition of an existing single family home and shed. The supporting a re available for review at the Conservation Commission office by calling 978 -582-4147 ext 431 by appointment. Dustin Powell appeared before the commission to review the updated plan. The Commission noted the plan had all of the information requested. KJ examined the plan and noted the proper placement of erosion protection. KJ moved for a negative determination . JR seconded and the commission voted unanimously. CONTINUED: Pursuant to the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public meeting on a Request for A Determination by Dan Dugas for work at 60 South Row Road. The work is for the remov al of trees for the placement of a solar energy system within the buffer zone. Mr Dugas appeared representing himself. He noted the trees to be removed and discussed potential areas for replacement. MM recommended that the tree replacement be between the elevation 350 and the shed. He did not recommend adding one too close to the house. JR did note he felt it was a fair exchange due to the constraints of the lot. MM noted that the area he suggest ed would help with the shade value. CL asked about the tree diameters and potentially ow many should be replaced. BP noted that he feels going strictly by the regulations may not be possible due to the constraints of the lot and there may not be room to plant th e required amount. CL noted that the regulations applied could amount to a total of 4 up to 6 trees. M. Dugas noted he had already plated 5 trees southwesterly side of the property and they were all fruit trees. BP asked if the shoreline has existing trees on it already. Mr. Dugas outlined the area of the shoreline that was fairly populated by trees. CL noted the south westerly side is not conducive with shading. KJ noted that the area, being fairly covered with vegetation, he could go along with a one to one re planting ratio. JR asked if the stumps would be pulled. Mr. Dugas stated no they would be ground. A motion was made by JV for a negative determination with the stipulation of 2 trees be replanted between the shed and the house and 3 shrubs where the trees are being removed. KJ seconded and the commission approved the motion by unanimous vote. CONTINUED: 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 constructio n of a stone wall within the buffer zone. The meeting was continued to Dec 16 2020, by a motion of KJ and a second by JR with a unanimous vote to approve by 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 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. The meeting was continued to Dec 16 2020, by a motion of KJ and a second by JR with a unanimous vote to approve by 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 John Fournier for work at 25 Pearl Street will be held. Work proposed is a installa tion of a tight tank, an addition, expansion of a driveway and deck and the removal of a tree by the shoreline. The meeting was continued to Dec 16 2020, by a motion of KJ and a second by JV with a unanimous vote to approve by roll call ===PAGE 7=== vote. ENFORCEMENT : Violations (Enforcement Actions and Administrative Hearings). EO 90 Ruth Street – MM still has not heard from him yet EO- Town of Lunenburg Fire Road 12 ENF 2019 NOI FILED NON - 9 Valley Road- Working on NOI – working on NON – 232 Burrage Street continued hearing in progress EO – 788 Page Street – Police to execute service of the enforcement order JR noted that he wanted to get together with MM to review a potential encampment He also noted a paved area at 22 Oak Ridge. MM noted a letter has gone out. Cl noted that there was an issue of filling on fire road 16. MM had noted that he had been attempting to establish a contact. CL also asked MM to document on a list the preliminary actions of previously identified potential violations as he is working on them New Business – Old Business – Update on trails grant – status report, if any. BP is working with MRPC for the refinement of the trials maps and corresponding markers. A website devoted to public comments will be generated. Certificates of Compliance – Paul Gougen 675 Reservoir Road – CL spoke of a list of concerns he generated regarding the items deficient for the issuing of a certificate of compliance. He reviewed his lit into the record (on file) . BP directed MM to leave this item off the agenda until he felt it is completed.. Penniman 137 Burrage Street Lots 8 and 9 – MM reviewed with the commission the plans for the original order of Conditions. The file was from February 1996. He noted that based on the plans and the orders he found on file he recommended a certificate of compliance. RB asked that MM put a written notice in with the file that the site was observed and it was complaint. MM noted that he had already placed an inspection form in the folder. CL asked if there was a request from an engineer. MM noted that there was no engineer requirement in that original order. RB moved to issued the certificate.CC seconded and the commission approved the motion by unanimous vote. Extension Permit – none to present Committee Reports – Any Updates Administrator’s Reports/action items: Administrator’s determination – 106 Sandy Cove Road one tree 50 feet from wetlands edge MM noted that the tree to be replaced was 48 feet from the edge of wetland and that it would be replaced with one Japanese maple tree. KJ moved to approve the Administrator’s determination, RB seconded and the commission voted unanimously to approve the motion. Open space and land and Trail use issues and strategies:  Forestry Planning /Encroachment on town open space ( updates if any) KJ noted that there have been reports of ATV traffic on the Lane parcel. BP has the no ATV signs and will go out with KJ at some point in the near future to add the signage. Communications / public comment/ Adjourn- CL asked about No Dumping Signs. MM noted that he had the signs made up and they were available for pick up along with hunting access signs for the Robbs Hill area previously approved. - Meeting Schedule- Next meeting is December 16, 2020 at 7 PM the meeting was adjourned at 10:03 PM with a motion from JR and a second from BP with a unanimous vote to approve the motion. ======================================================================================== DOCUMENT : 2020-12-16-agenda-6258.txt BOARD : conservation-commission DATE : 2020-12-16 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2020-12-16-agenda-6258.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_12162020-6258 ======================================================================================== ===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 Michael Larouche, Associate NOTICE OF MEETING December 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. In response to the COVID-19 (Corona Virus) and 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 85983711878. Topic: Conservation Commission Meeting Time: Dec 16, 2020 07:00 PM Eastern Time (US and Canada) Join Zoom Meeting https://us02web.zoom.us/j/85983711878 Meeting ID: 859 8371 1878 One tap mobile +13126266799,,85983711878# US (Chicago) +19292056099,,85983711878# 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 (Washington D.C) +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: 859 8371 1878 Find your local number: https://us02web.zoom.us/u/kf1rRssY4 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 ===PAGE 2=== 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 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 – October 7, 2020 ,November 4 ,2020 and November 18 2020 and December 2, 2020 Appointments/Hearings –commences at 7 PM NEW PUBLIC HEARINGS AND MEETINGS : Pursuant to MGL ch. 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws , the conservation commission will hold a public meeting on a request for a determination by Jason Martin for work at 45 Parmenter Street consisting of the addition of a mudroom and the repair/replacement of a retaining wall by the driveway and stairs. CONTINUED PUBLIC HEARINGS: Pursuant to MGL ch. 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws The following continued hearings/meetings shall be considered: The Conservation Commission will hold a public hearing on a Notice of Intent by David and Kiley Boivin for work at 81 Maple Parkway for the replacement of a septic system . The Conservation Commission will hold a public hearing on a Notice of Intent by Jeff Stone for work at Lot 1 50 Page Street for the Construction of a single family home . The Conservation Commission will hold a public hearing on a Notice of Intent by Jeff Stone for work at Lot 2 50 Page Street for the Construction of a single family home . The Conservation Commission will hold a public hearing on a Notice of Intent by John Fournier, 25 Pearl Street ,for the construction of an extension to a deck , demolish and rebuild an existing garage ,and upgrade of a septic system. ===PAGE 3=== The Conservation Commission will hold a public hearing on a Notice of Intent by by Curits Nikitas for work at 232 Burrage Street The work is for grading and construction of a stone wall within the buffer zone The Conservation Commission will hold a public hearing on a Notice of Intent by 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. ENFORCEMENT: Violations (Enforcement Actions and Administrative Hearings). EO 90 Ruth Street EO- Town of Lunenburg Fire Road 12 ENF 2019 NOI ,FILED ,Town admin signature obtained, and awaiting drawing. NOI hearing put out to the January 20,2021 meeting NON - 9 Valley Road- Working on NOI NON – 232 Burrage Street see above EO – 788 Page Street – EO delivered by Police NON 275 Holman- silt event during rain storm on 12/3/2020 Fire Road 16 investigation ( Not completed ) 48 Oak Ridge ( not completed ) New Business – Old Business – 1. Forest Planning- RAYNO and HOLLIS ROAD 2. Continued discussion on land use policy Update on trails grant – status report, if any. Certificates of Compliance – 1. 305 Leominster Shirley Road Extension Permit – none Committee Reports – Any Updates Administrator’s Reports/action items: Administrators determination – 338 Sunset Lane removal of 3 dead trees and minor brush - 5 Spring Street Ratification of Emergency Certification Open space and land and Trail use issues and strategies: 1. Encroachment on town open space ( udpates if any) 2. Forestry Planning Communications / public comment/ Adjourn - Meeting Schedule- Next meeting is January 20, 2021 at 7 P ===PAGE 4===