===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 January 5, 2022 7:00 PM . MINUTES ZOOM REMOTE REVISED DEC 30, 2021 12:10 PM In accordance with the requirements of the Open Meetings Law, please be advised that this meeting is being Audio/Video Recorded. The agenda lists all the topics which may be discussed at the meeting and are those reasonably anticipated by the Chair. Votes may be taken as a result of these discussions. Not all items listed may in fact be discussed and other items not listed may also be brought up for discussion to the extent permitted by Open Meeting Law. This meeting of the Conservation Commission will be held by Zoom at the Link provided on this notice. Call to Order Announcements ALL MEMBERS PRESENT MEETING CALLED TO ORDER BY BP at 7 PM 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. Minutes of previous meetings – Nov 17, December 1, December 15 Appointments/Hearings –commences at 7 PM Request for a field change- 475 Leominster Shirley Road (FKNA 535 Reservoir Road) DEP 208 Chris anderson present . He outlined the proposed field change based on the planning board input. He outlined the changes for the Commission. A motion to approve a field change was made by JV and seconded by PA with a unanimous roll call vote to approve the motion. Public Hearing The Conservation Commission will hold a public hearing on a Notice of Intent by Paul Gosselin for the relocation of an existing drain line on 21 Brookview Terrace.. Paul Gosselin and Chuck Budnick are present to represent the applicant. Paul related the history of the lot and the current pip e. . He noted the proposed construction of the new pipe. JR noted that the pipe is starting to collapse. He noted that there is some stumps that will need to be removed. RB noted that there was large area off to the right and wanted to know if there were any trees to be removed. Mr. Budnick noted that there was some minor grading and the trees are not coming down.. MM noted the stumps should be removed. ===PAGE 2=== The meeting was continued to January 19, 2022 for the DEP number by a motion of RB with a second from JR and a unanimous roll call vote to continue the meeting. The Conservation Commission will hold a public hearing on a Notice of Intent by Grace Oliver for the upgrading of a septic at 1 9 Crescent Terrace. Steve Marsden was present to represent the applicant. He outlined the location of the single family home and he noted that it i s a 2 bedroom home and there is no expansion nor structural items on the outside of the home with the exce ption of the septic system . He noted the location within the buffer zone and that the Board of Health approved the system pendi ng the Conservation Commission’s approval. He outlined the location and the trees that need to also be removed. The two trees by the property line will be maint ained. A motion was made by RB to approve with a second from CC. The vote to approve was a unanimous roll call vote. The Conservation Commission will hold a public hearing on a Notice of Intent by Paulo Majovski for work at 2 Gabe’s Place for the removal of trees within the buffer zone. Paul Majovsky was present to represent himself. He noted t he trees on the lot area and expressed concerned about trees that could come down on the house for safety reasons. BP clarified that the circles on the plan were the marked trees were scheduled to come out. JR noted that he did go to the site wi th ML and noted that there were a dozen trees down. The trees were a distance from the house. He noted that the trees were all healthy. He asked for a replacement of the trees within the 30 foot no touch zone. He also asked about the filling. Paul noted that he would be doing any of the cleaning. JR noted that the tree company noted that there were permits that would be needed. RB noted that there were no plans for tree replacement. BP asked how many trees were cut down in the 30 foot zone and the size. JR noted that there was a size about a foot and a half in diameter. MM noted there should be a site inspection. Ml asked if the trees were exact positions of the trees. JV asked if the stumps would be removed. Paul noted that the area would be l oomed and seeded. JV asked if there was any fill coming in and out. The answer was no it would be be smoothed and cleaned out with seed planted. asked about placing boulders within the 30 foot line. He asked for it to be considered. BP noted that maybe asked for placards. The meeting was continued to the 19 th of January by a motion of RB and a second by PA with a unanimous vote to approve by roll call vote. CONTINUED 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. The hearing was continued to the January 19 th meeting by a motion of RB and a second by ML with a unanimous vote to approve 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. Bill Emkey was present to represent himself. Mr Emkey addressed the items from the commission at the last meeting. He noted that he was willing to potentially change the grading if the co mmission desired. JR reviewed the drainage behind the wall with the applicant. BP note that he would be in favor of reducing the pitch of the sand. RB inquired where the 6 inch pipe behind th e wall was draining. Mr Emkey noted that it was a perforated pi pe that would leach into the sod. He reviewed the volume calculation with the commission. Matt Proctor noted that a 4 inch line would be satisfactory and recommended connecting the pipe with the exiting crushed stone footing. As there was no DEP number the commission allowed Mr Emkey to bring the supplies on the site. JV asked if the dropping of the grade can be modified for the next meeting. A motion was made to continue the meeting until January 19 at 7 PM. By RB with a second by ML and unanimous vote by the commission to approve the motion. By roll call vote. 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. A DEP number was issued for this continued matter.. RB noted the DEP concerns. MM clarified his interpretation of the regulation. A motion was made to approve the application by JR with a second by JV and a unanimous motion to approve the roll call vote. ===PAGE 3=== Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Request for a Determination by Matthew Butterworth for the placement of a shed within the buffer zone at 188 Whalom road. A motion was made to continue to January 19 by a motion of RB and a second by JV and a unanimous vote to continue by roll call vote. Pursuant to MGL ch 131, s 40 as amended and the Town of L unenburg Wetlands Protection and Municipal Bylaws a public hearing on a Notice of Intent by Kevin Hill for the Construction of a single family home at 41 Country Lane Wesley Flis appeared on behalf of the applicant and reviewed alternative configurations as required by the commission, RB noted the erosion control line was not moved. Mr Flis noted that the placement was maximized for collection of potential sediment and the exiting tree line noted on the plan is the limit of work. Jr asked for boulders at the 30 foot line. Mr Flis requested a couple of options including a placard. MM suggested FENO Markers. JV suggested a five by five piece a granite would suffice as well. A motion was made that the 30 foot zone be marked with granite markers or FENO markers. By JV and a second by CC. RB asked for clarification of the markers. JV suggested 20 feet. RB noted he was ok with that. The Commission unanimously approved the motion by roll call vote. Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Notice of Intent by MA Pleasant LLC will be held. Work proposed is construction of a six lot subdivision, Roadway, utilities and a proposed wetland crossing at 101 Pleasant Street. Paul Grasewicz appeared on behalf of the applicant. He reviewed the changes made based on the suggestions of JR and MM and the commission; He noted the planning board approved the common dr iveway scenario. He reviewed the replication area and the advantages to moving it. JR thanked the applicant for the revisi ons. Rb asked about a note outlining 4200 square feet. It was n oted that the filing was 2800 square feet. A motion was made to approve t he Notice of Intent by JV and a second by PA with a unanimo us roll call vote to approve the motion. TO BE CONTINUED TO FEB 2, 2022 The Conservation Commission will hold a public hearing on a Notice of Intent by Zachery Taylor for the construction of a new du plex home, septic and related site grading.at 123 Chase Road. A motion was made to continue this meeting to February 2, 2022. By RB and a second by JV with a unanimous roll call vote to approve the motion, NEW BUSINESS - 61 A release request: Trail planning at 260 Howard Street. Old Business- update on encroachment issues at 192 Townsend harbor Road By Law review committee ENFORCEMENT: Violations (Enforcement Actions and Administrative Hearings). 615 Townsend Street- MM to tour site with Building Deartment Jan 11. 441 Townsend Harbor Road -Steve Marsden appeared by the applicant he noted that he had familiarized himself with the issues on the site, He noted the overhang will be removed. Everything associated will be removed and a ===PAGE 4=== new roof plan. He requested to continue to the next meeting to complete the structural plan. Nick Eaton also appeared and confirmed the statements by Steve Marsden. JR noted there is a dead pine tree at the property line. Steve Marsden will add that to the plan. Jeremy Either noted on the record there is a breach of contract and there is a lien on the property. The matter was continued to the next meeting. Leominster Road- Illegal Dumping activity NOI forthcoming NON 48 Oak Ridge- with legal EO 205 Arbor Street MM to call DEP again NON 23 Cove Road MM to review tree cutting 190 Peninsula Drive- NO action Currently 2 Gabe’s Place – See above RDOA BP noted that there was a survey at Townsend Harbor Road showing 5 lots that have encroached and that there Adam Costa is sending each one a letter. JR noted that the Board of Selectmen meeting there was a precedent established prior to the meeting tonight. The Boards action was concerning the placement of boulders by the senior center that is going to superior court. He felt if we attempted to enforce it there may be a big hit taken on a resident’s property value. He inquired if as a result we could utilize a new access for the Mulpus Brook BP feels we should start with having counsel send out letters the owners as step one. At that point the commission should wait for a response. By Law review committee. BP is going to place this item on the next agenda. Update on trails grant – status report, if any. BP reviewed the report on the Kiosks Certificates of Compliance 1608 Mass Ave DEP 208-314 approved with a motion by PA and a second by CC the motion was approved by a unanimous roll call vote. Extension Permit – Committee Reports – Any Update Administrator’s Reports/action items: Administrators Determination- 218 Island Road Ratified by a motion of RB and a second by ML with a unanimous vote to approve the motion. Open space and land and Trail use issues and strategies: BP reviewed a list of potential lands to acquire, and land parcels that are conservation parcels that required clarification of the deeds references. ( Town clerk Certificates for each parcel ). Communications / public comment Nick Eaton Clarified that he as able to out the temporary supports on the roof The Commission told him yes Adjourn The meeting was adjourned at 9: 40 PM by a motion of JV and a second by PA with a unanimous vote to approve the motion.by Roll call vote Meeting schedule: Next meeting is January 19, 2022 at 7:00 PM BY ZOOM PLATFORM