# conservation-commission — 9 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 : 2021-01-06-agenda-6286.txt BOARD : conservation-commission DATE : 2021-01-06 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2021-01-06-agenda-6286.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_01062021-6286 ======================================================================================== ===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 January 6, 2021 7:00 PM In accordance with the requirements of the Open Meeting Law, please be advised that this meeting is being recorded and will be broadcast over the Lunenburg Public Access channel at a later date. 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 at a later date through local access cable, 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 89859290453 Topic: Conservation Commission Time: Jan 6, 2021 07:00 PM Eastern Time (US and Canada) Join Zoom Meeting https://us02web.zoom.us/j/89859290453 Meeting ID: 898 5929 0453 One tap mobile +13126266799,,89859290453# US (Chicago) +19292056099,,89859290453# 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) 888 475 4499 US Toll-free 877 853 5257 US Toll-free Meeting ID: 898 5929 0453 Find your local number: https://us02web.zoom.us/u/kbrkOUsEsI 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 1. Discussion about the process and procedures for revising Conservation Commission land use rules. 2. Vote on scheduling an advertised public hearing for January 20th on draft land use rules (draft to be posted on the LCC website). 3. Workshop to develop draft land use rules to be considered after the January 20th public hearing. Adjourn - Meeting Schedule- Next meeting is January 20, 2021 7PM- Zoom Platform ===PAGE 3=== ======================================================================================== DOCUMENT : 2021-01-13-agenda-6287.txt BOARD : conservation-commission DATE : 2021-01-13 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2021-01-13-agenda-6287.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_01132021-6287 ======================================================================================== ===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 January 13, 2021 (rescheduled from January 6, 2021) 7:00 PM In accordance with the requirements of the Open Meeting Law, please be advised that this meeting is being recorded and will be broadcast over the Lunenburg Public Access channel at a later date. 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 at a later date through local access cable, 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 89859290453 Topic: Conservation Commission Time: Jan 13, 2021 07:00 PM Eastern Time (US and Canada) Join Zoom Meeting https://us02web.zoom.us/j/81464634196 Meeting ID: 814 6463 4196 One tap mobile +19292056099,,81464634196# US (New York) +13017158592,,81464634196# US (Washington D.C) Dial by your location +1 929 205 6099 US (New York) +1 301 715 8592 US (Washington D.C) +1 312 626 6799 US (Chicago) +1 669 900 6833 US (San Jose) +1 253 215 8782 US (Tacoma) +1 346 248 7799 US (Houston) 877 853 5257 US Toll-free 888 475 4499 US Toll-free Meeting ID: 814 6463 4196 Find your local number: https://us02web.zoom.us/u/kdikWDgUvu Find your local number: https://us02web.zoom.us/u/kbrkOUsEsI ===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 1. Discussion about the process and procedures for revising Conservation Commission land use rules. 2. Vote on scheduling an advertised public hearing for January 20th on draft land use rules (draft to be posted on the LCC website). 3. Workshop to develop draft land use rules to be considered after the January 20th public hearing. Adjourn - Meeting Schedule- Next meeting is January 20, 2021 7PM- Zoom Platform ===PAGE 3=== ======================================================================================== DOCUMENT : 2021-01-13-minutes-6287.txt BOARD : conservation-commission DATE : 2021-01-13 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2021-01-13-minutes-6287.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_01132021-6287 ======================================================================================== ===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 MINUTES January 13, 2021 7:00 PM In accordance with the requirements of the Open Meeting Law, please be advised that this meeting is being recorded and will be broadcast over the Lunenburg Public Access channel at a later date. 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 at a later date through local access cable, 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 89859290453 Topic: Conservation Commission Time: Jan 13, 2021 07:00 PM Eastern Time (US and Canada) Join Zoom Meeting https://us02web.zoom.us/j/81464634196 Meeting ID: 814 6463 4196 One tap mobile +19292056099,,81464634196# US (New York) +13017158592,,81464634196# US (Washington D.C) Dial by your location +1 929 205 6099 US (New York) +1 301 715 8592 US (Washington D.C) +1 312 626 6799 US (Chicago) +1 669 900 6833 US (San Jose) +1 253 215 8782 US (Tacoma) +1 346 248 7799 US (Houston) 877 853 5257 US Toll-free 888 475 4499 US Toll-free Meeting ID: 814 6463 4196 Find your local number: https://us02web.zoom.us/u/kdikWDgUvu Find your local number: https://us02web.zoom.us/u/kbrkOUsEsI ===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. Call to Order 7 PM The meeting was called to order with BP presiding. ALL MEMBERS ASSOCIATES AND STAFF WERE IN ATTENDANCE. 1. Discussion about the process and procedures for revising Conservation Commission land use rules. 2. Vote on scheduling an advertised public hearing for January 20th on draft land use rules (draft to be posted on the LCC website). 3. Workshop to develop draft land use rules to be considered after the January 20th public hearing. BP noted that he wanted to use the draft and the draft with comments from the town attorney. He also indicated that he would use straw polls. He would add another version with tracked changes from tonight that will be posted for the public. JR noted that RB has put in a document that was not added to CL’s document. CL noted the document he has submitted with the same one as Town Counsel only with his comment inserted in. Bp initiated the review with the first version posted with tracked changes and reviewed the document with the commission. JR reviewed the definition of lands under the control of the conservation commission. RB stated that he added it as a preamble for the purpose of defining the legal authority of the conservation commission based on state law. BP added the definition of outdoor recreation from RB’s version and inserted it in the commissions review document. The commission reviewed the categories of activities considered of passive recreation. After adding the language a straw poll of the commission indicated that using RB’s definition as listed in his version would be preferred adding it into the tracked changes document. CL noted that the definition didn’t address issues concerning approval process, liability insurance among them. He noted that we should ensure that the suggestions from town counsel should be in the document. JR indicated a preference to inset RB’s definition in section one as well, however, it should include the list of activities remain in the document. ML noted concern that the commission should ensure that the fonts and structure should be improved. CL stated that RB’s document was a good document for stating what can and cannot be done on the property, however the current tracked document has procedures more clearly spelled out and should be left in the document. RB noted the way he attempted to write it was to have a template in place to list permitted uses ===PAGE 3=== from there it adds details of what cant be done on the property as well and it was intended as a start of a template that would have detail added to it. BP suggested that If RB’s template was going to be used, the commission should review it and have it posted and have the public comment on any changes made. A Straw poll of the commission indicated a preference to use RB”s document and add details in to it. The commission reviewed the conditions that lands under control of the commission would be considered lands covered by Article 97 of the state constitution. BP reviewed GEO caching and the commission decided to add it into section 1.2 to clearly identify it as an allowed activity. Cl asked if dog walking should also be mentioned as there were sections of the regulation that controls for dog walking are mentioned. RB reviewed the hours of operation. Twenty four hour access was discussed. BP noted that there are exiting uses after sunset that likely should not be restricted. KJ agreed. JV noted that section 1.1 could be inserted to clarify 24 hour usage. BP also inserted town counsel suggested language. RB suggested that Geo caching could be added in 2.2. After examining section 2.2 , geo caching and letter boxing would be inserted in section 2.2. The use of the property on an overnight basis was considered. The commission preferred the approvals for overnight use be granted by the commission and discussed using an office application that would be filed by the commission. The Commission agreed to add into section 2.5 that any organized activity must appear before the commission. CL addressed the section outlining liability certification. JV and RB noted that section 2.1.3 becomes 2.1.1 and the original 2.1.1 will be removed. 2.3 concerning snowmobiles, the state permitting requirements for snowmobiles will be reviewed. 2.4 was skipped for this meeting. 2.5 Fundraising activities existing on the conservation properties were reviewed and the routine items reviewed (example sufficient parking) in granting the request. KJ noted the Goat walks that charge a fee on our land. CL noted that the language includes commercial permitting. CL asked if an applicant for a commercial event go to the Board of the Selectmen for approval. KJ noted that the land being under the care custody and control of the commission doesn’t need to go to the Selectmen. RB noted there were items that the Selectmen may need to issue other local approvals for activities and suggested that an applicant should come to the commission first and then to the Selectmen. BP noted in section 1.6 that applicants are required to comply with all other state and federal regulations. Cl asked about liability protection. BP stated that he would pass it by Town Counsel. KJ asked if a group of friends that are not a formal organized group, do we require liability? Cl noted in the legal opinion that it was commission discretion for the amounts of liability and the commission can set a sum of zero. KJ agreed that it should be at the commission discretion. The commission discussed the maintenance of the trails with regards to downed limbs and trees. RB noted that perhaps a call to the office to document the location and methodology of the maintenance work would be appropriate. BP expressed reservations about creating additional layers to trail maintenance. The commission agreed to keep the invasive plant list as a general reference to the state list and not specify. RB noted under enforcement the 100 dollars a day was recommended by legal and could be referenced under MGL ch 40 sec 8 C. with language concerning any additional reporting to police and fire. The Commission on the issue of dogs, 1.8 ( added section ) would require dogs to be under direct control of the owners and that the owners must clean up after their pets. Cl referenced the local animal regulation concerning public nuisances. Cl asked the commission if language concerning regulation changed similar to our wetland by law should be included in the land use regulations. RB noted the applicable section of MGL ch 40 section 8 C has a reference to the commission being able to adopt and change from time to time. MM noted that the wetlands by law only authorizes the promulgation of regulations concerning wetlands by law and this regulation would be generated from the state regulations. The Commission will propose language under section 5 to provide some ===PAGE 4=== guidance. BP wrote down suggested procedures when adopting land use rules and regulations advocating the advertising of a hearing for one public hearing televised with any proposed revisions posted on the commission website. JV asked if smoking would still be prohibited. The response was no. JV also asked about alcohol on the properties. It was determined that there were other regulations that prohibit it. KJ asked if smoking could be prohibited still. The remainder of the commission agreed it would be prudent to have it within the document. RBs proposal to allow the use of firearms on some town lands. KJ, RB, JV indicated they were in favor. CL, JR and BP indicated they were against the current proposal. CC indicated she would be amendable to allowing firearm hunting on one parcel of town land that would connect to a state parcel, that parcel of town land to be determined. CC noted that she had evaluated the issue and sees the arguments coming from both sides, she feels that using a parcel that abuts state lands would open a significant area and one parcel aside from hunting hills should be considered. RB noted that Small Town Forest is contiguous with the hunting hill conservation area and the northwest conservation area that abuts Willard brook state park. RB noted that he had a conversation with Marion Larson from DCR concerning the parcels and that she was willing to appear at a future meeting. He asked CC if she could consider those parcels. She agreed to consider it. JR inquired which seasons would be allowed. JR also noted that he feels that perhaps it should go to the towns people to a vote. He indicated he could not support the idea of hunting on certain parcels until the details were addressed. JV noted the section of hunting regulations that prohibited discharge within 500 feet of a domicile. JR asked how the owner would know if they were within 500 feet. JV answered that hunters use GPS apps showing where a hunter is on a particular lot. BP and RB discussed the Hunting Hill Conservation Restriction and an interpretation by Adam Costa. Town Counsel noted that he feels residents would have to go to the Selectmen for permission to discharge a firearm however they cannot say no. RB disagreed that step was necessary based on the CR with the state. RB noted that in his conversation with Ms. Larson that the town cannot prohibit any form of hunting on state lands within the town. RB quoted state statistics that within the last 30 years there was only three accidents between hunters and non hunters and that there were no fatalities. BP asked to include a statement that Bow Hunting is allowed on all conservation lands by right according to conformance with state regulations. The commission were in agreement with that strategy. After review of the Conservation restriction (CR), snow mobiles would be prohibited. The language of section 2.3 would be modified to account for the cite clause in the CR. JR expressed concerns about limiting seasons and types of animals hunted and the carrying of weapons in the open. KJ stated he was not in favor of limiting and that we should simply adhere to state regulation. RB noted that unless there is a overarching reason for a particular parcel he wanted to adhere to the state guidelines and regulations. CC also agreed with RB and KJ. CL agreed with JR and JV agreed with KJ. ML asked if the game was available on all of the properties under consideration. BP noted the greatest interest was deer. RB noted in 2019 there were 71000 hunting licenses issued and that in 2019 between 10 and 15 % of those licensees caught a deer. ML asked in Legal was reviewing any decision. BP noted that yes. Cl stated he felt that we should not drop the requirement to prohibit the carrying of firearms on those lands that we wont open for hunting. KJ disagreed. BP noted that the Board of Selectmen asked Town Counsel for a formal written opinion concerning the towns ability to regulate or prohibit firearms on town lands. Cl asked about further public outreach to attempt to obtain more residents involved. BP responded that once the commission is ready for hearing the commission will advertise that the proposed revised regulation is posted on the website. BP noted that various forms of media have been and will be used after the posting. Cl expressed concerns that the sampling was being dismissed as a not significant. KJ disagreed noting there has been some participation and overall, it was a commission decision. RB noted that the issues have been discussed for a long period of time between the commission meetings, social media and Board of Selectmen meeting, that anyone who wished to participate has already done so. BP will issue the vised draft discussed at the meeting this evening and will schedule a public hearing for the ===PAGE 5=== second meeting in February. RB asked if the staff from Fish and Wildlife should attend the next meeting. BP indicated he was not interested at this point as minds already seem to be made up and would reconsider if the other members wanted them to. KJ noted that Marion Larson’s response to MM’s email provided sufficient information. This discussion was table until the next regular meeting with the hearing published for the second February meeting for part of a larger hearing scope including participation of the public. RB moved to adjourn, JR seconded and the commission approved the motion by unanimous roll call vote. The meeting adjourned at 9: 50 PM. Next meeting is January 20, 2021 7PM- Zoom Platform ===PAGE 6=== ======================================================================================== DOCUMENT : 2021-01-20-agenda-6288.txt BOARD : conservation-commission DATE : 2021-01-20 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2021-01-20-agenda-6288.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_01202021-6288 ======================================================================================== ===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 January 20, 2021 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. 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 Time: Jan 20, 2021 07:00 PM Eastern Time (US and Canada) Join Zoom Meeting https://us02web.zoom.us/j/84752249126 Meeting ID: 847 5224 9126 One tap mobile +13126266799,,84752249126# US (Chicago) +19292056099,,84752249126# 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: 847 5224 9126 Find your local number: https://us02web.zoom.us/u/kdp5GZ7akd ===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 – December 2, 2020, December 16, 2020, January 13, 2020 Appointments/Hearings –commences at 7 PM Appointment: PUBLIC FORUM / HEARING The Conservation Commission will hold a previously continued public forum/hearing for considerations of revisions to commission land use policy for land under the care and control of the Lunenburg Conservation Commission. 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, In addition, a copy of the draft changes will be posted on the Conservation Commission website. CONTINUED PUBLIC HEARINGS 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 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 existi ng shed, grading of existing lawn, repair of a retaining wall, removal of a tree and the rep aving of a driveway with gravel. ===PAGE 3=== PUBLIC HEARINGS AND MEETINGS The Conservation Commission will hold a public meeting on a request for a determination by Thomas and Janet James for work at 31 South Row Road consisting of the repair of the 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 The Conservation Commission will hold a public meeting on a request for a determination by Christopher Oldham for work at 32 Pine Grove Road consisting of tree removal. 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 The Conservation Commission will hold a public meeting on a Notice of Intent by Cheryl Price for work at 33 Boutwell St. cons isting of the repair of the 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 The Conservation Commission will hold a public meeting on a Request for a Determination of Applicability by Linwood Johnson c/o Bob Proctor Excavation for work at 72 Maple Parkway consisting of the repair of the 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 The Conservation Commission will hold a public meeting on a Notice of Intent by Jamie Paradis for work at 120 West Street consisting of the Construction of an addition to a single family home. The supporting documents are available for review at t he 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 Conservation Commission will hold a public hearing on a Notice of Intent by Tom Wu and Scott Benjamin for work at Map 137 Parcel 12 at Fire Road 12 for the restoration of the buffer zone . 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 ENFORCEMENT : Violations (Enforcement Actions and Administrative Hearings). Leominster Road- Illegal Dumping activity 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 EO – 788 Page Street – results of site walk New Business – Request from Carl Luck that the Conservation Commission investigate the ownership of 26 Sunset Lane Old Business – Update on trails grant – status report, if any. Certificates of Compliance – 305 Leominster Shirley Road 208-1029 Extension Permit – DEP 208-1104 Hickory hills Lake Committee Reports – Any Updates Administrator’s Reports/action items: Administrator’s determination – Open space and land and Trail use issues and strategies:  Forestry Planning /Encroachment on town open space ( updates if any) Communications / public comment/ Adjourn - Meeting Schedule- Next meeting is February 3, 2021 at 7 PM. ======================================================================================== DOCUMENT : 2021-01-20-minutes-6288.txt BOARD : conservation-commission DATE : 2021-01-20 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2021-01-20-minutes-6288.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_01202021-6288 ======================================================================================== ===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 MINUTES January 20, 2021 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. 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 Time: Jan 20, 2021 07:00 PM Eastern Time (US and Canada) Join Zoom Meeting https://us02web.zoom.us/j/84752249126 Meeting ID: 847 5224 9126 One tap mobile +13126266799,,84752249126# US (Chicago) +19292056099,,84752249126# 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: 847 5224 9126 Find your local number: https://us02web.zoom.us/u/kdp5GZ7akd ===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. Call to Order Called to order at 7 PM By BP All members in attendance except KJ who was present from 7 PM to 8 PM and had to excuse himself from the remainder of the meeting. 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 – December 2, 2020, December 16, 2020, January 13, 2020 The January 13 and December 2 and 16 meeting minutes were approved by a motion of KJ and a second by CC with a unanimous roll call vote to approve the motion. Appointments/Hearings –commences at 7 PM Appointment: PUBLIC FORUM / HEARING The Conservation Commission will hold a previously continued public forum/hearing for considerations of revisions to commission land use policy for land under the care and control of the Lunenburg Conservation Commission. 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, In addition, a copy of the draft changes will be posted on the Conservation Commission website. The hearing was unanimously continued until February 17, 2020 on a motion by KJ seconded by JR. CONTINUED PUBLIC HEARINGS 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 reques t by emailing lcc@lunenburgonline.com Greg Roy from Dillis and Roy presented on behalf of the applicant. He outlined the changes to the plans based on prior commis sion input. JR had inquired about the debris and the foot bridge found on site and requested that the debris be removed. There was ===PAGE 3=== some questions if the material was even on the subject property. After consideration a motion was made by JR to issue an Orde r of Conditions with the added condition that the debris if shown to be on the property shall be removed. CL seconded and the commission voted unanimously to approve the motion by roll call vote. 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 email ing lcc@lunenburgonline.com Greg Roy from Dillis and Roy represented the applicant. Mr. Roy reviewed the changes on the submitted updated plan per the commission’s previous input. RB moved to issue an Order of Conditions based on the submitted plans. Cl seconded and the commission approved the motion by unanimous roll call vote. Pursuant to MGL ch. 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a pu blic hearing on a Notice of Intent by Jeff LaPierre for work at 1672 Mass Ave. will be held. Work proposed is rebuild of an existi ng shed, grading of existing lawn, repair of a retaining wall, removal of a tree and the rep aving of a driveway with gravel. Mr Lapierre reviewed the plans with the commission and the result of the previous site inspection. The Commission reviewed areas where he could move his shed. After reviewing locations, he moved his shed closer to the house with no size increase. The tre es in the front he would leave in place. JR noted silt running off of the property into the adjacent wetland and requested that the driveway reconstruction be extended to an area adjacent to the driveway and the swamp, with gravel and allowed to be stabiliz ed. RB suggested a berm be added along the edge of the property to prevent run off from the driveway into the wetland. BP commented that the silt was dissolved in the runoff water, that the water was being filtered through leaves, and the proposed berm would create ponding on the driveway and lawn., A Motion to approve an order of conditions with the modification to the driveway by the creation of a berm along the edge of the property and relocation of the shed be approved by JR. CL seconded and the commission voted unanimously to approve the motion by roll call vote. PUBLIC HEARINGS AND MEETINGS The Conservation Commission will hold a public meeting on a request for a determination by Thomas and Janet James for work at 31 South Row Road consisting of the repair of the 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 BP stated he had visited the site and that the proposed work was entirely under the existing driveway and he did not see any concerns. Maryann Dipinto was present to represent the applicant. She outlined the location of the system and its proximity to wetland resource area as well as the reasons for the area of placement. With no questions a motion was made to issue a standard order of conditions by JV. A second was made by CC and the commission voted unanimously to approve the motion by roll call vote. The Conservation Commission will hold a public meeting on a request for a determination by Christopher Oldham for work at 32 Pine Grove Road consisting of tree removal. 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 Greg Roy represented the applicant. JR expressed concerns about some of the trees marked to be cut . JR and Cl noted concerns about potential erosion issues as a result of some of the tree removal and asked about a pathway to a future proposed dock. M r. Roy had no formal plans to do a structured pathway; CL indicated it may be prudent to do so to add to potential erosion protection of the site. The applicant agreed to continue to the next meeting to revisit the site with the commission on January 30, 3021 at 9 AM to examine those areas with them. JR motioned to continue to the February 3, 23021 meeting at 7 PM. CL seconded and the commission voted unanimously to approve the motion by roll call vote. . The Conservation Commission will hold a public meeting on a Notice of Intent by Cheryl Price for work at 33 Boutwell St. cons isting of the repair of the 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 BP stated he had visited the site and that the proposed work was well away from the wetlands in a previously disturbed area so he did not see any concerns. Dan Proctor and Maryann Dipinto outlined the project and as to why it need to be placed where it was ===PAGE 4=== proposed. RB moved to issue a standard Order of Conditions. CC seconded and the commission unanimously approved the motion with the exception of CL who abstained. The Conservation Commission will hold a public meeting on a Request for a Determination of Applicability by Linwood Johnson c/o Bob Proctor Excavation for work at 72 Maple Parkway consisting of the repair of the 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 Doug Smith and Maryann Dipinto represented the applicant. BP noted his inspection of the property, the topography ( flat) and the condition of the yard and the proximity to the wetland. Maraynn noted that there was a question as to the jurisdiction under the wetland protection act, however it was important to place the system at a minimum of 50 feet away from the channel. RB noted a 4 inch gutter outlined on the plan. JR moved for a negative determination and JV seconded. He requested that any motion have a condition calling for a replacement of the pipe if need while excavating for the system unless shown to be structurally sound and made that as a motion amendment. JR accepted the amendment and the motion was approved by a roll call vote of the commission The Conservation Commission will hold a public meeting on a Notice of Intent by Jamie Paradis for work at 120 West Street consisting of the Construction of an addition to 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 Chris Anderson from Hannigan Engineering represented the applicant. He outlined the project which was an addition to a single family home. The wetland was re-delineated and noted the original file history concerning the original Order and Certificate of Compliance. He noted on the site walk the commission asked about the s hed location and he pointed it out on the original plans submitted. BP noted that there was a large oak cut down in the buffer zone. Cl reminded the applicant and the members that th e 30 foot no touch zone was extended to the 50 feet. RB asked MM if the abutters were notified. MM noted yes. MM confirmed that the 50 foot zone was permanent. BP requested that the no touch zone for 50 feet be added to the plan as part of the motion. BP as ked if the engineer agreed with adding the 50 foot no disturbance line to the plan. Mr. Anderson agreed. Rb moved to approve an Order of conditions with the added condition of adding the 50 foot no disturbance zone. Cl seconded and the commission approved the motion by a unanimous roll call voted. The Conservation Commission will hold a public hearing on a Notice of Intent by Tom Wu and Scott Benjamin for work at Map 137 Parcel 12 at Fire Road 12 for the restoration of the buffer zone . 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 This was continued for the lack of a plan by the applicant. It was continued to the February 17th meeting at 7 PM by a motion of RB and a second by CC with a unanimous motion to approve them motion by roll call vote. ENFORCEMENT : Violations (Enforcement Actions and Administrative Hearings). Leominster Road- Illegal Dumping activity- MM noted this activity that was identified at town meeting and was inspected by KJ and the fire department. He recommend that the commission do a site visit to investigate. MM noted that according to what he was told it was an old farm dump and the f ire department did not find anything flammable. MM noted that he added it to the agenda as is the normal procedure and that the site investigation was the next step. BP asked that it be placed on the next site walk list for January 30, 2021. JR asked if th e DPW normally removed the material. BP noted we should see what is there. MM pointed out the material was there long term and should be inspected to determine the course of action . Darryl Plante noted that he was the person that raised the issue at town meeting and spoke to the conversations he had with officials and noted it was a big dump going back 100 years. He noted the bottom of the dump is in the catacunemaug brook. The commission will be investigating EO 90 Ruth Street – MM issued an EO to the owner reminding him the commission required him to file a request for a determination. 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 ===PAGE 5=== NON - 9 Valley Road- Working on NOI MM working with the owner. EO – 788 Page Street – results of site walk MM noted that the site walk with the owner revealed there was no intrusion into the buffer zone, however, there was some wood chips dumped on site. He did note that the owner will be filing in the near future for the re -establishment of an access road to his exiting well. Fire Road16- issued an EO to Keatings. 48 Oak Ridge Road- EO issued to be on the next agenda 22 Oak Ridge MM performed a measurement and the work was out of the buffer zone. JR noted an area of small encampments that they will take MM to go and see. New Business – Request from Carl Luck that the Conservation Commission investigate the ownership of 26 Sunset Lane.: CL noted that he is requesting as an abutter to the property and not as a commissioner that the commission add to the list of properties the commission is currently investigating as potential Conservation Land. He reviewed the deed history with the original transfer from Eva Carter and he opined the original one acre of land was part of the original parcel that is now a portion of the Robbs Hill Conservation Area. He noted the same deed on the Conservation land and that the parcel may have been separated into the one acre parcel when sunset lane was created. He noted a potential value to the Robbs Hill Conservation propert y as a potential safer parking area as the area now only offers off street parking in an area with very poor visibility. BP examined the right of way shown on the assessors map. CL noted the right of way is given to the abutting residents. BP reviewed with CL the way the abutting property owners access. JV asked Cl if the existing Boat Ramp on the side of the house coincides with the right of way. CL noted that it happens to be there but the right of way stops within 75 feet of the lake. JV noted that it was historically access to the lake. CL disagreed. BP noted the right of way and boat ramp had been discussed at the Open Space Committee and members of that committee had indicated interest in researching its possible use as public access to Lake Shirley. BP noted that he felt uncomfortable with the Conservation Commission pursing ownership of 26 Sunset Lane as CL is a member of the Commission and feels it is not appropriate at this time. JV noted again that there is a boat ramp on the property that was accessed to the lake by area residents years ago and felt it was not appropriate to pursue it at this time. RB stated that he feels the deed reflects it is conservation land. He felt that it could wait until we take care of this after we finish the other parcels. JR noted that as long as we are aware of it then we can pursue it at a later time. He noted that CL can still participate as an abutter. BP stated that he agreed with RB. Old Business – Update on trails grant – status report, if any. Certificates of Compliance – 305 Leominster Shirley Road 208-1029 Brian Marchetti recounted the site visit with MM. MM reviewed pictures he took of the site and thought it was a great job on the Order and the cleaning of the site. He noted the engineers report and plan was on file. The certificate was granted by a motion of JV and a second by CL and a unanimous vote of the commission by roll call vote. Extension Permit – DEP 208-1104 Hickory hills Lake _ MM noted that the commonwealth did not yet lift the automatic extension of all orders due to expire during the pandemic period and is leaving it on the agenda until such time as the state lists it to ensure that the normal timelines of required submitt al for requests was left intact. MM noted that this was based on advice from Town Counsel. Committee Reports – Any Updates Administrator’s Reports/action items: Administrator’s determination – Open space and land and Trail use issues and strategies:  Forestry Planning /Encroachment on town open space ( updates if any) Communications / public comment/ Adjourn – BP reviewed questions and answers with the commission from Town Counsel. BP reviewed a parcel of land at the Cowdery first taken in 1955 however was never executed. In 1965 it was voted at town meeting to purchase but that was also never executed. BP asked the town to consider retaking the parcel. ===PAGE 6=== Tammy Hebert asked the commission about the Goat walks she sponsors on the Laurel Bank Conservation area. She noted that she obtained permission from MM to do the goat hikes and wanted to know why they received a letter for formal permission. MM noted that he was not told there were fees being charged for the hikes. Charging the fees would constitute a business and permission needs to be formalized and it would be taken up at the next meeting. Meeting Schedule- Next meeting is February 3, 2021 at 7 PM. The meeting was adjourned at 10:00 PM by a motion of JV and a second by CC and a unanimous vote by the commission to approve. All documents referred to are available for review or by emailing a pdf by contacting the Commission Office ======================================================================================== DOCUMENT : 2021-02-03-agenda-6289.txt BOARD : conservation-commission DATE : 2021-02-03 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2021-02-03-agenda-6289.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_02032021-6289 ======================================================================================== ===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 Feb 3, 2021 7:00 PM In accordance with the requirements of the Open Meeting Law, please be advised that this meeting is being recorded and available for viewing over the Lunenburg Public Access You Tube Channel 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 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 Town of Lunenburg is inviting you to a scheduled Zoom meeting. Topic: Conservation Commission Time: Feb 3, 2021 07:00 PM Eastern Time (US and Canada) Join Zoom Meeting https://us02web.zoom.us/j/89939659675 Meeting ID: 899 3965 9675 One tap mobile +19292056099,,89939659675# US (New York) +13017158592,,89939659675# US (Washington DC) Dial by your location +1 929 205 6099 US (New York) +1 301 715 8592 US (Washington DC) +1 312 626 6799 US (Chicago) +1 669 900 6833 US (San Jose) +1 253 215 8782 US (Tacoma) +1 346 248 7799 US (Houston) 888 475 4499 US Toll-free 877 853 5257 US Toll-free Meeting ID: 899 3965 9675 Find your local number: https://us02web.zoom.us/u/keJmldjKMZ 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 – December 2, 2020, December 16, 2020, January 13, 2020 , January 20, 2021 Appointments/Hearings –commences at 7 PM Appointment: 1.0 Eagle Scout proposal for Proctor Park 2.0 Central Mass Goat Rental CONTINUED PUBLIC HEARINGS The Conservation Commission will hold a public meeting on a request for a determination by Christopher Oldham for work at 32 Pine Grove Road consisting of tree removal. 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 The Conservation Commission will hold a public hearing on a Notice of Intent by Tom Wu and Scott Benjamin for work at Map 137 Parcel 12 at Fire Road 12 for the restoration of the buffer zone . 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 PUBLIC HEARINGS AND MEETINGS ===PAGE 3=== The Conservation Commission will hold a public meeting on a request for a Notice of Intent by Proctor Masonry for work at 203 Fire Road 16 for the construction of replacement retaining walls and the removal of trees affecting the current wall structure. Th e 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 February 3, 2021 at 7 PM by Zoom meeting link to be issued by February 1, 2021.The public is invited to attend. The Conservation Commission will hold a public meeting on a request for a Notice of Intent by Rich Pierson f or work at 75 Ruth Street for the construction of replacement septic system. The supporting documents are available for review at the Conservati on 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 February 3, 2021 at 7 PM by Zoom meeting link to be issued by February 1, 2021.The public is invited to attend. The Conservation Commission will hold a public meeting on a request for a Notice of Intent by Proctor Masonry for work at 36 Cushing Lane consisting of the construction of a driveway. The supporting documents are available for review at the Conservat ion 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 February 3, 2021 at 7 PM by Zoom meeting link to be issued by F ebruary 1, 2021.The public is invited to attend. ENFORCEMENT : Violations (Enforcement Actions and Administrative Hearings). Leominster Road- Illegal Dumping activity EO 90 Ruth Street EO- Town of Lunenburg Fire Road 12 ENF 2019 NOI FILED Town admin signature obtained and awaiting drawing . NON - 9 Valley Road- Working on NOI EO 615 Townsend Street EO Fire Road 16 New Business – Old Business – Land use policy (- Continued workshop on developing a draft set of regulations for hearing scheduled for February 17, 2021) Update on trails grant – status report, if any. Certificates of Compliance – 63 Prospect Street, 21 Crescent Terrace Extension Permit – DEP 208-1104 Hickory hills Lake Committee Reports – Any Updates Administrator’s Reports/action items: Administrator’s determination – 5 Spring Street Extension Open space and land and Trail use issues and strategies:  Forestry Planning /Encroachment on town open space ( updates if any) Update on Rayno Communications / public comment/ Adjourn - Meeting Schedule- Next meeting is February 17, 2021 at 7 PM. ======================================================================================== DOCUMENT : 2021-02-03-minutes-6289.txt BOARD : conservation-commission DATE : 2021-02-03 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2021-02-03-minutes-6289.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_02032021-6289 ======================================================================================== ===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 MINUTES Feb 3, 2021 7:00 PM In accordance with the requirements of the Open Meeting Law, please be advised that this meeting is being recorded and available for viewing over the Lunenburg Public Access You Tube Channel 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 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 Town of Lunenburg is inviting you to a scheduled Zoom meeting. Topic: Conservation Commission Time: Feb 3, 2021 07:00 PM Eastern Time (US and Canada) Join Zoom Meeting https://us02web.zoom.us/j/89939659675 Meeting ID: 899 3965 9675 One tap mobile +19292056099,,89939659675# US (New York) +13017158592,,89939659675# US (Washington DC) Dial by your location +1 929 205 6099 US (New York) +1 301 715 8592 US (Washington DC) +1 312 626 6799 US (Chicago) +1 669 900 6833 US (San Jose) +1 253 215 8782 US (Tacoma) +1 346 248 7799 US (Houston) 888 475 4499 US Toll-free 877 853 5257 US Toll-free Meeting ID: 899 3965 9675 Find your local number: https://us02web.zoom.us/u/keJmldjKMZ 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 The meeting was called to Order at 7 Pm by BP All members in attendance except JV 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 JR brought to the attention of the membership technical definition of trees and would like to have it placed on the agenda. BP announced the draft website and trial maps were completed and is hopeful to have it published. Minutes of previous meetings – December 2, 2020, December 16, 2020, January 13, 2020 , January 20, 2021 JR moved to approve the Dec 2 minutes KJ seconded. KJ moved to approve the Dec 16 minutes JR seconded, Jan 13 motion to approve by KJ seconded by CL and the commission voted unanimously to approve all minutes by unanimous roll call vote. Appointments/Hearings –commences at 7 PM Appointment: 1.0 Eagle Scout proposal for Proctor Park Eagle Scout Bryan Weidman a life scout proposed a project at proctor park. It would consist of a new kiosk sign with a space for a trail map with the use of an engraved boulder at the entrance. BP reviewed the kiosk design with Mr. Weidman. Mr Weidman noted he is securing his own funding. KJ stated he felt it was a great proposal and thought it would be a great addition to draw people in. JR also indicated agreement with KJ. JR asked if the area had parking to accommodate. He noted based on a question from JR that there was 3 parking areas available. Greg Roy noted that Dillis and Roy would participate with funding. ML noted that he was once a life scout and encouraged Mr. Wiedman to ===PAGE 3=== complete this project. He suggested adding a hiking insignia to the signage. BP mentioned that he also has a trails grant that is going to pay for colored trail marker and a sign that can go on the kiosk for this project. KJ moved to approve the project. CL seconded and the commission approved the motion by roll call vote. 2.0 Central Mass Goat Rental: Central Mass Goat Rental. Tammy and Seth Hebert was present for the meeting. They asked permission to continue using Conservation Land for the Goat Hikes noting they had sought permission from the office. MM noted that he was not aware that fees were being charged and permission would be needed to correct that deficiency. Seth also noted that they were fully insured. JR asked about the content of the hike. Seth Hebert described the covid safe event and that the tour starts off on their property. He noted that the people friendly goats walk freely with the crowd and they walk the conservation land in a loop and described the direction. He noted that they narrate the history of the land. JR asked if they run into anyone with dogs. Mr Hebert noted that yes they have and there has been no issues as the Goats are very docile and they have never had a problem. KJ noted that he thought it was a good use of the property and could not see any negative impacts. He noted that we have invasive plants on conservation land and inquired if they can work out a deal with using a couple of goats with invasive vegetation management. Mr Hebert noted that they only prohibit Mountain Laurel. KJ noted that there were areas with Bittersweet. Cl noted that the regulations require notification to the police department and that liability certificates be sent into the office. Mr. Hebert noted that he had no issue with it. RB noted that we should make sure it is allowable under passive recreation. He suggested MM could contact DCR and ensure it is a valid passive recreational activity. A motion to approve pending the submission of liability certificates, permission from the police department and verification from DCR . CL noted that we should include in the motion to waive the 21 day requirement. The motion was made by CL and that the notification take place within the next week. The motion was seconded by JR and was passed by a roll call vote unanimously. BP did note that the regulations on Conservation Land Use may be changing soon. CONTINUED PUBLIC HEARINGS The Conservation Commission will hold a public meeting on a request for a determination by Christopher Oldham for work at 32 Pine Grove Road consisting of tree removal. 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 KJ noted that he submitted a Mullins form and it was in the file. MM verified such. Greg Roy recalled the site visit subsequent the previous meeting. He summarized the changes and concerns. There was a concern over the removal to remove 6 large trees within the outer 50 feet of the buffer zone. The proposal was reduced by three trees with three trees to be limbed. He also outlined the proposed formalization of the walkway. He reviewed the updated plan with the commission. He noted the treads would be pressure treated lumber with stones in between. He also noted that he added an elevated deck to the plan and offered to file a separate determination request if the commission did not want to approve. He noted it was an elevated deck that would wrap around and is over an exiting patio. Jr expressed appreciation for the changes made to the plan, he had no issues with the deck and was satisfied with the walkway. CL noted that the discussions were productive and thought the walkway fit nicely and would address anu future erosion protection issues and had no issues with the deck as it was over exiting patio area. RB asked if the deck was allowable to zoning. Mr. Roy indicated there was an error on the property line and it. Rb also asked about the chapter 91 waterways application. MM also noted that there was an exemption in 2016 and it was changed in 2017. There is no longer an exemption. Cl noted that he had also checked into it and there was a simplified process. CL motioned to approve the ===PAGE 4=== application as presented. KJ seconded and the commission voted unanimously to approve the motion by roll call vote. The Conservation Commission will hold a public hearing on a Notice of Intent by Tom Wu and Scott Benjamin for work at Map 137 Parcel 12 at Fire Road 12 for the restoration of the buffer zone . 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 Fire Road 12 Continued to the February 15, 2021 meeting at 7 PM by a motion of JR and a second by CC with a unanimous roll call vote to approve the motion. PUBLIC HEARINGS AND MEETINGS The Conservation Commission will hold a public meeting on a request for a Notice of Intent by Proctor Masonry for work at 203 Fire Road 16 for the construction of replacement retaining walls and the removal of trees affecting the current wall structure. Th e 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 February 3, 2021 at 7 PM by Zoom meeting link to be issued by February 1, 2021.The public is invited to attend. KJ moved to continue the meeting until later within the meeting. The motion was seconded by RB approved by the commission by roll call vote. KJ moved to continue the meeting to February 17 with a second by Cl and a unanimous vote to approve the motion. The Conservation Commission will hold a public meeting on a request for a Notice of Intent by Rich Pierson f or work at 75 Ruth Street for the construction of replacement septic system. The supporting documents are available for review at the Conservati on 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 February 3, 2021 at 7 PM by Zoom meeting link to be issued by February 1, 2021.The public is invited to attend. Jack Maloney and Richard Pearson appeared to represent the Notice of Intent application. Mr Maloney outlined the project and the proximity ton the wetland. He also outlined the operation of the septic. He noted that the project was outside of the 50 foot buffer zone. He also outlined the lot limitations in the selection of the site location of the septic system. He also outlined the three trees near the system that are proposed to be removed. JR noted that on the site visit it was apparent there were no alternatives to the site location. Cl noted the only issue was for potential was for the replacement of trees. Mr. Maloney reviewed the locations for the removal of trees and the trees to be removed. BP noted that the trees were outside the 50 foot zone. MM noted that adding 2 trees were discussed in replacement. Mr Pearson noted it could be red maples and agreed to do such. He also asked about the potential for future driveway paving. BP noted that a new RDA would have to be filed. JR noted that paving over the system would need a vent. Mr Maloney noted on the plans where there was a vent planned out. JR moved to approve an Order of Conditions with the additional condition of replacing the trees removed with 2 added tree plantings CL seconded and the commission voted unanimously to approve the motion by roll call vote. ===PAGE 5=== The Conservation Commission will hold a public meeting on a request for a Notice of Intent by Proctor Masonry for work at 36 Cushing Lane consisting of the construction of a driveway. The supporting documents are available for review at the Conservat ion 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 February 3, 2021 at 7 PM by Zoom meeting link to be issued by February 1, 2021.The public is invited to attend. KJ moved to continue the meeting to February 17 with a second by RB and a unanimous vote to approve the motion. ENFORCEMENT : Violations (Enforcement Actions and Administrative Hearings). Leominster Road- Illegal Dumping activity MM asked if the commission would like to do a site walk. KJ noted that he has been there and felt a site walk would be in order. The Commission deferred until such time as there was no snow cover. EO 90 Ruth Street The deadline for the RDA is Feb 15 EO- Town of Lunenburg Fire Road 12 ENF 2019 NOI FILED Town admin signature obtained and awaiting drawing . NON - 9 Valley Road- Working on NOI EO 615 Townsend Street MM asked for the EO be ratified. KJ moved to ratify the order. CC seconded and the commission voted unanimously EO Fire Road 16 MM noted that he had sent letters to the abutting owners. Cl noted that as Keating had ignored the EO we should perhaps have legal send a letter. KJ suggested going to DEP. MM noted that he would call DEP. Cl moved to issue the formal enforcement letter. JR seconded and the commission approve the roll call vote unanimously. 48 Oak Ridge Road. MM will have that added to the agenda Lake Shirley encampments- to be added to the agenda JR and MM to site walk them. New Business – Old Business – Land use policy (- Continued workshop on developing a draft set of regulations for hearing scheduled for February 17, 2021) The Commission reviewed Town Counsel’s tracked changes. The commission clarified the preamble to ensure all lands acquired were included. The Commission verified the process for hearings to the public for changing the regulations. The following are highlights of the discussion, the complete discussion is available by consulting the video recording available on Lunenburg Cable access you tube channel: With respect to notifying the police the issue was raised to the commission as to the police assuming enforcement powers. RB noted that the commissions only enforcement mechanism was to take the violator to superior court. We may be able to issue fining tickets under wetlands regulations. Selectmen Marino indicated the Police may not be able to enforce the commissions regulations. Jr asked if there was mention of a bylaw that could be passed for the non-criminal disposition and ticketing by the police would have to pass as a general by law. CL stated there is a by law review in progress and asked if we could add this to the by law review. BP noted that we could propose a warrant article for town meeting. BP suggested taking that up with Adam Costa at the next meeting session. RB noted that the land use rules would have to be potentially incorporated as a town by law in ===PAGE 6=== order for the police to be able to act upon it. KJ suggested that only the administrator be notified and at the administrator’s discretion the police be notified. BP suggested to leave it as is and then he could speak to the police chief and bring it up at the hearing on the 17thwhere it can be revisited. CL noted that in the current regulations bicycling is currently on established trails and is not specified in the proposed changes. Cl suggested some type of list be kept at the office of the changes. BP noted that his approach was to give the public initially a tracked changed document. BP noted that the overall regulations were less than 4 pages long and felt it was not unreasonable for the public to go through both the initial and final proposed documents to compare changes. Based on input than CL KJ suggested adding a section that states dumping is prohibited on conservation land. RB suggested simply adding the word dumping in addition to littering. KJ asked the words dumping of any material be added instead of just dumping. BP suggested adding the words authorized maintenance vehicles in section 1.3. BP addressed the firearms possession issue that Town Counsel stated that it is within the purview of the commission authority to prohibit firearms possession. KJ noted that the explosives and fireworks could be eliminated as they are already illegal within the state. He also noted that this state does not allow for open carry only concealed. CL noted that the current regulation prohibiting fire arms have already been in place for 10 years and has presented no problems and expressed concerns about changing them now. A straw poll indicated that members were in favor of leaving section 1.4 as it is written. ML noted that as we have a legal opinion then we should go with that. The commission did add in language for the prohibition of non lethal weapons. The Commission reviewed the language changes in section 2 . MM to send update overnight camping forms. JR expressed bow hunting be limited to those same areas as firearms hunting. A straw poll indicated KJ indicated the lane property and the Cowdrey could be eliminated in the interests of compromised. RB noted that bow hunting was not mentioned in any of the comments. Cl noted that the issue was never discussed until this time. He noted that about 11 % of the existing conservation land is currently allowed to be hunted and that the commission would be added another 500 acres bringing the total to 500 acres or 25 % to the total for firearms hunting. He felt it was reasonable to open a discussion for total prohibition to hunting. The straw poll indicated that the commission was essentially tied on the issue of adding lands to be restricted. He indicated that Jeff should be present in the subsequent discussion. ML recalled about hiking the Appalachian trails. He also spoke of whether the commission wanted to allow hunters from out of town on commission properties. RB noted in the section of organized groups of people was intended to organized sports and could require a fleshing out of the definition. MM suggested asking town counsel. BP inserted a provision that field dressing a deer must be 50 feet from a trail. RB felt it should be termed as out of sight. CL inquired if it was true hunting was not allowed on Sunday’s. It was confirmed. KJ suggested putting this information on a future publications. BP asked about including a prohibition of leaves being raked of the trails and the construction of jumps for biking. Members felt that the other language in other sections covers that. ===PAGE 7=== Update on trails grant – status report, if any. Certificates of Compliance – 63 Prospect Street MM recommended the release. RB asked about the drainage swale. MM noted the swale was completed. KJ moved to issue the certificate. CL second and the commission approved the motion by unanimous Roll Call vote . 21 Crescent Terrace MM noted that the old project from 1994 never commenced. He noted that the certificate can be issued for the expired order of conditions. The Commission voted to approve the release of the Order of Conditions by a motion of KJ and a second by JR and a unanimous vote of the commission to approve the motion by roll call vote. Extension Permit – DEP 208-1104 Hickory hills Lake MM noted that the extension permit would take effect after the COVID-19 declaration was lifted. Upon advice of town counsel MM is asking for the approval now pending the lifting of the declaration. KJ moved to approve a one year extension. JR seconded. Cl and Rb expressed concerns about the process for the approval of the changes to chemical treatment, that it was not properly reviewed. JR noted that there was an extensive abutter and public notification. RB felt it should have been an amendment. MM noted that it was approved as a filed change. The motion to approve was approved by a split roll call vote by KJ, CC, JR and BP and no by Cl and RB. Committee Reports – Any Updates Administrator’s Reports/action items: Administrator’s determination – 5 Spring Street Extension MM noted that the trees cut under the emergency permit that one tree would be replaced and arbor vitae would be planted. Cl state that a request for a determination should be filed. MM agreed that would be appropriate. The Commission asked MM to have the owners file the determination. Open space and land and Trail use issues and strategies:  Forestry Planning /Encroachment on town open space ( updates if any) Update on Rayno MM updated the commission that Gary Gouldrup has submitted the RAYNO property cutting plan to DCR to the specifications requested by the commission and is currently working on the Hollis Road plan. It should be ready for the first March meeting. Communications / public comment/ Adjourn - Meeting Schedule- Next meeting is February 17, 2021 at 7 PM. The meeting was adjourned at 10:25 PM by a motion of CC and a second by KJ with a unanimous roll call vote to approve the motion. All documents referred to are available for review or by emailing a pdf by contacting the Commission Office ======================================================================================== DOCUMENT : 2021-02-17-agenda-6290.txt BOARD : conservation-commission DATE : 2021-02-17 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2021-02-17-agenda-6290.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_02172021-6290 ======================================================================================== ===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 Feb 17, 2021 7:00 PM In accordance with the requirements of the Open Meeting Law, please be advised that this meeting is being recorded and available for viewing over the Lunenburg Public Access You Tube Channel 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 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 83850639018. Town of Lunenburg is inviting you to a scheduled Zoom meeting. Topic: Conservation Commission Time: Feb 17, 2021 07:00 PM Eastern Time (US and Canada) Join Zoom Meeting https://us02web.zoom.us/j/83850639018 Meeting ID: 838 5063 9018 One tap mobile +13017158592,,83850639018# US (Washington DC) +13126266799,,83850639018# US (Chicago) Dial by your location +1 301 715 8592 US (Washington DC) +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: 838 5063 9018 Find your local number: https://us02web.zoom.us/u/kcIuskFqpv 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 ===PAGE 2=== 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 –January 20, 2021, February 3, 2021 Appointments/Hearings –commences at 7 PM Appointment: Hearing/Forum for the benefit of the public. The Lunenburg Conservation Commission, under authority granted by Massachusetts Gen eral Law Chapter 40, Section 8C, is revising the rules and regulations governing the use of Lunenburg land and waters under its care and control . The Conservation Commission will hold a public forum/hearing for considerations of revisions to commission lan d use policy. 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, the meeting is scheduled for February 17, 2021 at 7 PM by Zoom meeting link to be issued by February 12, 2021. The initial draft revisions and any alternate proposal or updates will be posted on the town website. The public is invited to attend. CONTINUED PUBLIC HEARINGS The Conservation Commission will hold a public hearing on a Notice of Intent by Tom Wu and Scott Benjamin for work at Map 137 Parcel 12 at Fire Road 12 for the restoration of the buffer zone . The supporting doc uments 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 Conservation Commission will hold a public meeting on a request for a Notice of Intent by Proctor Masonry for work at 203 Fire Road 16 for the construction of replacement retaining walls and the removal of trees affecting the current wall structure. Th e 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 February 3, 2021 at 7 PM by Zoom meeting link to be issued by February 1, 2021.The public is invited to attend. ===PAGE 3=== The Conservation Commission will hold a public meeting on a request for a Notice of Intent by Proctor Masonry for work at 36 Cushing Lane consisting of the construction of a driveway. The supporting documents are available for review at the Conservat ion 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 February 3, 2021 at 7 PM by Zoom me eting link to be issued by February 1, 2021.The public is invited to attend. PUBLIC HEARINGS AND MEETINGS The Conservation Commission will hold a public meeting on a request for a Notice of Intent by Brendan Laughlin for work at 22 4 Townsend Harbor Road for the construction of a septic system ( repair). 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, the meeting is scheduled for February 17, 2021 at 7 PM by Zoom meeting link to be issued by February 11, 2021. The public is invited to attend. The Conservation Commission will hold a public meeting on a request for a Notice of Intent by Northfield Associates for work at Lot 1, 30 Gilchrest Street for the construction of a single family home. The supporting documents are available for review at th e 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 February 17, 2021 at 7 PM by Zoom meeting link to be issued by February 11, 2021.The public is invited to attend. The Conservation Commission will hold a public meeting on a request for a Notice of Intent by Northfield Associates for work at Lot 2, 30 Gilchrest Street for the construction of a single family home. The supporting documents are available for review at th e 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 February 17, 2021 at 7 PM by Zoom meeting link to be issued by February 11, 2021.The public is invited to attend. ENFORCEMENT : Violations (Enforcement Actions and Administrative Hearings). Leominster Road- Illegal Dumping activity (site visit to occur after snow has melted) EO 90 Ruth Street EO- Town of Lunenburg Fire Road 12 ENF 2019 NOI FILED Town admin signature obtained and awaiting drawing . NON - 9 Valley Road- Working on NOI EO 615 Townsend Street- monitoring time line EO Fire Road 16 NON 48 Oak Ridge New Business – Jack Rabbit – Tree definition Old Business Update on trails grant – status report, if any. Certificates of Compliance Extension Permit – Committee Reports – Any Updates Administrator’s Reports/action items: Administrator’s determination – 98 Fire road 12 Open space and land and Trail use issues and strategies:  Forestry Planning /Encroachment on town open space ( updates if any) Update on Rayno/Hollis Communications / public comment EXECUTIVE SESSION: Motion to enter into Executive Session and to adjourn after exiting Executive Session: Pursuant to MGL c. 30, Section 21, Paragraph 3, to discuss strategy with respect to litigation if an open meeting may have a detrimental effect on the litigating position of the public body and the chair so declares (192 Townsend Harbor Road) Adjourn Meeting schedule Next meeting is March 3, 2021 at 7PM ======================================================================================== DOCUMENT : 2021-03-03-agenda-6291.txt BOARD : conservation-commission DATE : 2021-03-03 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2021-03-03-agenda-6291.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_03032021-6291 ======================================================================================== ===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 March 3, 2021 7:00 PM In accordance with the requirements of the Open Meeting Law, please be advised that this meeting is being recorded and available for viewing over the Lunenburg Public Access You Tube Channel 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 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 889 3862 6056 Town of Lunenburg is inviting you to a scheduled Zoom meeting. Topic: Conservation Commission Time: Mar 3, 2021 07:00 PM Eastern Time (US and Canada) Join Zoom Meeting https://us02web.zoom.us/j/88938626056 Meeting ID: 889 3862 6056 One tap mobile +19292056099,,88938626056# US (New York) +13017158592,,88938626056# US (Washington DC) Dial by your location +1 929 205 6099 US (New York) +1 301 715 8592 US (Washington DC) +1 312 626 6799 US (Chicago) +1 669 900 6833 US (San Jose) +1 253 215 8782 US (Tacoma) +1 346 248 7799 US (Houston) 877 853 5257 US Toll-free 888 475 4499 US Toll-free Meeting ID: 889 3862 6056 Find your local number: https://us02web.zoom.us/u/kcAVETPAU 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 ===PAGE 2=== 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 –February 17, 2021 Appointments/Hearings –commences at 7 PM Appointment: CONTINUED PUBLIC HEARINGS Pursuant to MGL ch 131, s 40 as amended and Under Lunenburg Protective By Law chapter 335, The Conservation Commission will hold a public hearing on a Notice of Intent by Tom Wu and Scott Benjamin for work at Map 137 Parcel 12 at Fire Road 12 for the restoration of the buffer zone . 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 ( to be continued to the March 17, 2021 meeting) Pursuant to MGL ch 131, s 40 as amended and Under Lunenburg Protective By Law chapter 335.The Conservat ion Commission will hold a public meeting on a request for a Notice of Intent by Proctor Masonry for work at 203 Fire Road 16 for the constr uction of replacement retaining walls and the removal of trees affecting the current wall structure. 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, the meeting is scheduled for February 3, 2021 at 7 PM by Zoom meeting link to be issued by February 1, 2021.The public is invited to attend. ( to be continued to the March 17, 2021 meeting) Pursuant to MGL ch 131, s 40 as amended and Under Lunenburg Protective By Law chapter 335, The Conservation Commission will hold a public meeting on a request for a Notice of Intent by Northfield Associates for work at Lot 1, 30 Gilchrest Stree t for the construction of a single family home. The supporting documents are availa ble 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 February 17, 2021 at 7 PM by Zoom meeting link to be issued by February 11, 2021.The public is invited to attend. ===PAGE 3=== Pursuant to MGL ch 131, s 40 as amended and Under Lunenburg Protective By Law chapter 335The Conservation Commission will hold a public meeting on a request for a Notice of Intent by Northfield Associates for work at Lot 2, 30 Gilchrest 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, the meeting is scheduled for February 17, 2021 at 7 PM by Zoom meeting link to be issued by Feb ruary 11, 2021.The public is invited to attend. PUBLIC HEARINGS AND MEETINGS Pursuant to MGL ch 131, s 40 as amended and Under Lunenburg Protective By Law chapter 335, the Lunenburg Conservation Commission will hold a public hearing for a Notice of Intent by Cynthia Ritchie for work at 137 Flynn Road to build a natural stone wall along the waterfront to protect against future erosion of the edges of the land and beach. Under Lunenburg Protective By Law chapter 335, the Lunenburg Conservation Commiss ion will hold a public hearing for a Notice of Intent by Joann Magurn for work at 238 Fire Road 16 for the construction of a single family home with a drive way crossing. Pursuant to MGL ch 131, s 40 as amended and Under Lunenburg Protective By Law chapte r 335, the Lunenburg Conservation Commission will hold a public hearing for a Notice of Intent by Richard Tremblay for work at 386 Sunset Lane for repairs to f ive existing retaining wall, the construction of a kayak rack, the reinforcement of existing fenc ing, the removal of a stump, the replacement of 2 existing concrete patios, and the removal and replacement of an existing driveway. Pursuant to MGL ch 131, s 40 as amended and Under Lunenburg Protective By Law chapter 335, the Lunenburg Conservation Commission will hold a public hearing for a Notice of Intent by Empire Management Corp for work at 757 Chase Road for the demolition and reconstruction of a Commercial building with grading and parking. ENFORCEMENT : Violations (Enforcement Actions and Administrative Hearings). Leominster Road- Illegal Dumping activity (site visit to occur after snow has melted) EO 90 Ruth Street EO- Town of Lunenburg Fire Road 12 ENF 2019 NOI FILED Town admin signature obtained and awaiting drawing . NON - 9 Valley Road- Working on NOI EO 615 Townsend Street- monitoring time line EO Fire Road 16 NON 48 Oak Ridge New Business Jack Rabbit – Tree definition Old Business Continued Workshop for continued discussion of changes of the land use regulations and the creation of a document to inform the public about the land use regulations. Update on trails grant – status report, if any. Certificates of Compliance Extension Permit – Committee Reports – Any Updates Administrator’s Reports/action items: Administrator’s determination – Open space and land and Trail use issues and strategies:  Forestry Planning /Encroachment on town open space ( draft plan discussion) Update on Rayno/Hollis Communications / public comment Adjourn ===PAGE 4=== Meeting schedule: Next meeting is March 17, 2021 at 7PM