===PAGE 1=== Town of Lunenburg Conservation Commission Bob Pease, Chair Tel: (978) 582-4146 Richard Bursch, Vice Chair 960 Massachusetts Ave. Patricia Adams Lunenburg, MA 01462 Catie Childs Jack Rabbitt Matthew S. Marro, Jeffrey Viviano Conservation Administrator Michael Larouche December 1, 2021 7:00 PM . MINUTES ZOOM REMOTE In accordance with the requirements of the Open Meetings Law, please be advised that this meeting is being Audio/Video Recorded. The agenda lists all the topics which may be discussed at the meeting and are those reasonably anticipated by the Chair. Votes may be taken as a result of these discussions. Not all items listed may in fact be discussed and other items not listed may also be brought up for discussion to the extent permitted by Open Meeting Law. This meeting of the Conservation Commission will be held by Zoom at the Link provided on this notice. ZOOM INFORMATION: Town of Lunenburg is inviting you to a scheduled Zoom meeting. Topic: Conservation Commission Time: Dec 1, 2021 07:00 PM Eastern Time (US and Canada) Join Zoom Meeting https://us02web.zoom.us/j/7927370353 Meeting ID: 792 737 0353 One tap mobile +19292056099,,7927370353# US (New York) +13017158592,,7927370353# 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: 792 737 0353 Find your local number: https://us02web.zoom.us/u/keIXtBWHsv ===PAGE 2=== Call to Order Meeting called to Order at 7 PM by BP with all members present except CC 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. Please address all comments to the Chair. Mary Wilson from the Lunenburg Trail riders appeared before the commission proposing trail improvements for the Small town forest. It was noted that aby stumps left will be ground in place. A motion approving the proposal was made by JR with a second by RB and a unanimous vote of the commission to approve. Minutes of previous meetings –October 20 The minutes were approved by a motion of JR, a second by ML and a unanimous roll call vote approving the motion. Appointments/Hearings –commences at 7 PM 1. Gerry, 36 Peninsula Drive Steve Marsden presented the changes to the Commission. He noted the details and the breakdown in the reduction of work within both the 50 and 100 foot buffer zones. A motion to approve as a field change was made by JV with a second by ML with a unanimous vote to approve by roll call vote. 2. 141 Hemlock deck addition to plan- Steve Marsden explained the minor changes ( Deck) to the plan for 141 Hemlock. A motion was made to approve as a field change by BR and a second by JR with a unanimous vote by roll call to approve the motion. Public Hearing The Conservation Commission will hold a public hearing on a Notice of Intent by Mark Brightman for work at 524 Northfield Road for the replacement of a septic system wall the filling of a former swimming pool within the buffer zone. Angel Lehtonen was present to represent the applicant. MM recounted the site visit with he and ML and JR. The commission examined moving the se ptic system to the bottom of the slope. BP reviewed the location of the dumpster that will be on the property for the removal of the demolition material. The demolition material will be removed from site first prior to the construction of the septic system. The area of the system was examined that was out of the 50 foot no structure zone. Jr did not see any problems with t he plans as proposed. MM noted that removing the pool and re -establishing the green space would be very meaningful on this site. JV asked about putting the system where the pool is. Ms. Lehtonen noted that due to the presence of the pool, it was impossible to test the area. She a lso noted that testing by the rear of the house would result in greater impacts due to potentially adding the retaining wall. The meeting was continued to the January 5, 2022 meeting due to the lack of a DEP number by a motion of by RB with a second by PA and a unanimous vote of the commission approving the motion. The Conservation Commission will hold a public hearing on a Notice of Intent by William Emkey for work at 445 Townsend Harbor Road for the replacement of railroad tie steps and a timber retaining wall within the buffer zone. William Emkey was present to represent himself. He outlined and oriented the Commission to the project. JR noted that there i s a definite erosion problem and wanted to know if any modifications could be made to the proposal to add to potential erosion prevention. RB and JV examined placing a trench with stone behind the grass area to address heavy storm water runoff to mitigate the erosion issue. RB noted on the addition that was filed for in 2017 and asked about the timing of the brick patio. It was noted by the applicant, there were 2 additions and the brick was placed in the first addition. JV recommended putting in the roof down spout in a drainage trench. The meeting was continued until the December 15, 2021 meeting by a motion of JV and seconded by JR and unanimous vote of the commission to approve the motion (due to the lack of a DEP number) ===PAGE 3=== The Conservation Commission will hold a public hearing on a Notice of Intent by Eric and Linda Vickery for work at 160 Peninsula Drive for the replacement of Wood Retaining wall and a stationary timber dock within the buffer zone . Eric and Linda Vickery were present to represent themselves. T he presented the project to the commission with the current project conditions and the proposed conditions. It was noted that there was no DEP number issued yet. RB moved to continue the meeting to December 15, 2021. Jr Seconded and the commission approved the motion by unanimous vote. CONTINUED PUBLIC HEARING Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing o n a Request for a Determination by Matthew Butterworth for the placem ent of a shed within the buffer zone at 188 Whalom road. This was continued to the December 15, meeting by a motion of JV and a second by RB with a unanimous vote of the commission t o approve the motion. Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Notice of Intent by Kevin Hill the Construction of a single family home at 41 Country Lane Wesley Flis from Whitman and Bingham was present to represent the applicant. he explained the review of the proposed changes he considered with his client. It was noted that his client, Kevin hill, was building this for himself due to ill hea lth, he required single floor living. Alternative configuratio ns were outlined by the applicant. It was proposed that the house location not be changed. He also proposed flagging the trees and having MM evaluate them for replacement. JR felt it should be reconfigured to minimize square feet and that he felt that othe r options should be considered. MM clarified riverfront regulation regarding a pre -existing lot. RB clarified the meaning of best extent practicable. He noted that there should be an attempt to move the house proposed and show it in a drawing. Mr. Flis str essed that the drawing shows that the limits of clearing have been minimized to ensure protection of the by -law buffer zone. Moving the house too much might cause the applicant to propose something that is not in compliance with the by law. RB noted that the buffer zone of 100 feet would still apply and the commission has the right to stress minimal impacts. RB and BP reviewed some potential configurations. JV noted that the proposed size of the home was pretty standard size for the average home in this region. Mr Flis agreed to continue to examine and propose reconfigurations. The Commission voted unanimously by roll call to continue the meeting to December 15 by a motion of RB and a second by PA with a unanimous vote to approve Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Notice of Intent by MA Pleasant LLC will be held. Work proposed is construction of a six lot subdivision, Roadway, utili ties and a proposed wetland crossing at 101 Pleasant Street. Unanimous roll call vote to continue to January 5, 2022 . NEW BUSINESS - 61 A release request: By Law review Committee Communication. Trail planning at 260 Howard Street. Old Business- Repairs to 123 Hollis Road residence ENFORCEMENT: Violations (Enforcement Actions and Administrative Hearings). 615 Townsend Street 441 Townsend Harbor Road Jack Maloney was present for the applicant. Jeremy Eithier was present for the applicant and Nick Eaton was present to represent himself. He reviewed the proposal for cultech chambers to make up for the extended roof placed in violation. JR proposed removing the roof. RB proposed adding some plantings along the buffer line of the shore to create habitat. Jeremy Eithier contended there was a preexisting overhang, however reviews of the pre -exiting conditions photos show that the assertion was incorrect and the area referred to was on the wrong side and was approved in the plan. Mr. Either contended that there was a demolition permit that the current house configuration is based on. MM disagreed noting there was no supporting documentation. He noted that the upload must not have taken. Nick Eaton discussed the requirements of the commission. Jeremy Either noted he could obtain a structural engineers drawing.. The Commission discussed tree removal and a naturalized shore line. Mr. .Eithier noted that the structural supports will need to be placed in order to support the structure. Removal of the shed on the property was also proposed. MM reviewed the original tree replanting plan with the commission and noted that any replanting was under 5 trees. Mr. Either contended that the issues was over 300 square feet and felt it wasn’t ===PAGE 4=== necessary. MM replied that the structure on site is not close to the structure and conditions approved and the commission has made very strong suggestions on how to get this accomplished. This matter was continued. Leominster Road- Illegal Dumping activity A notice of Intent is expected any day now. NON 48 Oak Ridge- working with Counsel EO 205 Arbor Street – Waiting for DEP NON 23 Cove Road- Will tour with owner 190 Peninsula Drive – Dayton and Amy Semerjian appeared before the commission to discuss the violation. MM recounted the history, the site inspection and the extensive diversion from the approved plan. He noted that nothing should be touched at this point. ML agreed with MM’s version of the events.MM noted it was in his opinion it was done without malice Amy Semerjian noted that it was not her parents intentions to cut down the amount of trees and that there was a miscommunication.MM reviewed the files and the drawings submitted by Amy Semerjian and reviewed with her father on site during his inspection with ML. RB noted that the owners should provide a replanting plan based on local regulations. Amy Semerjian requested if the one tree that wa s totally stripped of branches could be cut. MM requested the commission required that he be notified by Mark Flagg prior to anyone doing any work. It was agreed to by the applicant. The Commission directed that the Semerjian’s reach out to MM to develop a planting plan. It was noted that permission from hickory hills be obtained. Update on trails grant – status report, if any: .BP updated plans for updating Kiosks. He also noted that the by law review committee had written to the commission for by law updates and BP would place this on the agenda in the future. Certificates of Compliance 50 Page Street Lot 1 DEP number 208-1205 The lot was voted to be released by unanimous roll call vote on a motion of RB and a second by JR . Extension Permit – Committee Reports – Any Update Administrator’s Reports/action items: Administrators Determination- Open space and land and Trail use issues and strategies: Communications / public comment Public Comments :Nick Eaton requested to be able to place in the septic system, at 441 Townsend Harbor. After consideration, RB moved to lift the section of the enforcemen t order allowing the placement of the system. JV seconded and the commission unanimously approved the motion by roll call vote. Adjourn The meeting adjourned at 11:00 PM by a motion of RB and a second by ML with a unanimous vote to approve Meeting schedule: Next meeting is December 15, 2021 at 7:00 PM BY ZOOM PLATFORM PLEASE NOTE ALL DOCUMENTS REFERED TO IN THESE MIUTES ARE ON FILE AT THE CONSERVATION COMMISSION OFFICE