===PAGE 1=== Town of Lunenburg Conservation Commission Bob Pease, Chair Tel: (978) 582-4146 Richard Bursch, Vice Chair 960 Massachusetts Ave. Jeffrey Viviano Clerk Lunenburg, MA 01462 Patricia Adams Catie Childs Michael Larouche Mary Wilson Richard Tremblay, Associate Nadia Madden, Conservation Administrator July 6 2022 7:00 PM Minutes ZOOM REMOTE MEETING Roll Call: BP, JV, CC, ML, MW Not Present: PA, RB Also Present: RT (Associate), NM (Administrator) Call to Order Announcements MW announced that the Lunenburg Snow Riders won a MassTrails grant that will be used to upgrade five Conservation properties with kiosk building, adding gravel to Cowdrey parking lot, stump grinding and other activities. 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. Chris Anderson from Hannigan Engineering requested a field change to install a curtain drain on the periphery of the 100’ buffer zone, he shared the plan with the commission. They have already been before the planning board and had the plan peer reviewed. They are also looking for permission to clean out the corrugated metal pipe which provides drainage under the railroad, they have proposed to jet and clean the pipe for maintenance. Site walks were conducted on 7/1. ML asked what the diameter of the corrugated pipe that is going to be cleaned is, CA said the diameter is 18”. JV Moved/CC Seconded to approve this as a field change. Roll Call vote, unanimous to approve. Kenneth Kohlstrom, owner of 16 Ruth Street requests an emergency order of conditions for a tree that was hit by lightning on his property. JV drove by the tree and saw the oak tree is split from top to bottom and is a safety hazard. JV Moved/ML seconded to ratify emergency order of conditions for Ken Kohlstrom. Roll Call vote, unanimous to ratify. Minutes of previous meetings – June 15, 2022. NM noted that these minutes are not quite complete and will be reviewed at the next meeting. PUBLIC MEETINGS AND HEARINGS Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and ===PAGE 2=== Municipal Bylaws a public meeting on a Request for Determination of Applicability by Arnold Dumay for the construction of a septic system and associated grading at 216 Highland Street. Trevor Fletcher with Graz Engineering showed the plan of a septic system with grading in the 100- foot buffer. NM asked where the wetlands flagging came from as the wetlands were off the property. JV asked if the BOH has approved the septic design. TF said they are looking for a negative determination before going to the BOH. JV/ML M/S to give a negative determination. Roll Call vote, unanimous to approve. Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public meeting on a Request for Determination of Applicability by Brian Haas for the paving of a driveway at 509 Townsend Harbor Road. Brian Haas, owner has already paved their previously crushed stone driveway and also cut trees along the driveway. MW asked if any trees were cut and where. BH said there were 5 trees cut along the driveway. There were also some stumps in the bumpout. CC asked if the new driveway is the same dimensions as the prior driveway. BH said the bumpout was an extension. CC asked if these changes could be written into the plan. RT asked about the approximate size of the trees that were cut. BH said it had a diameter of a couple feet and was taller than the house. JV said he saw a pine stump that was 30-40’ ion diameter and saw a lot of gravel falling down the hill towards the wetlands. He would like to see it cleaned up and see at least 1 tree replanted. Abutter Sue Petralia of 518 Townsend Harbor Road noted that the driveway was on her land and that the applicant should have gotten a permit first. She is concerned that the driveway will now run off to her property and that a berm was removed between the applicant and her property. She asked that he remove and scrape down the driveway back to its original level. BH said the repaving of the street was significantly higher and that the new driveway is on par with the street. CC asked for a plan with driveway dimensions, property lines, and distance from the wetlands. BP discussed the issue regarding a 21-day limit for making a determination on an RDA. BH said they would like to continue with clear direction about what else the Commission needs to see. JV would like to see a plan with a 30’- and 50’ wetlands boundary with prior and current conditions and the property lines, location of prior trees and diameters of previous stumps. ML asked what the height of the original driveway was, and to have the property lines plotted on the plan. MW would like to see the berm and woody bushes on the plan. CC asked for pictures of the prior and current condition of the driveway. Public comment: Abutter SP has some pictures prior to the driveway being put in, will send to NM. ML Moved/CC seconded to move the application to July 20th. Roll Call vote, unanimous 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 Matthew Proctor for the construction of a permeable paver patio at 172 Peninsula Drive. Matthew Proctor of M Proctor Masonry presented the NOI to build a permeable stone paver patio at 172 Peninsula Drive. BP noted that there is no DEP# for the project yet, so the hearing cannot be closed. ML Moved/JV seconded to continue to July 20th. Roll Call vote, unanimous 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 Matthew Proctor for the replacement of a retaining wall at 207 Fire Road 16. BP noted that there is no DEP# for the project yet, so the hearing cannot be closed. ML/CC M/S to continue to July 20. Roll Call vote, unanimous to approve. ===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 Notice of Intent (DEP # 208-1261) by Ed McSweeney for the construction of a house and associated grading in the buffer zone Lot 5 Northfield Road. NM noted that applicant has asked to continue until July 20th so that they can re-advertise. M/S to continue to July 20th. Roll Call vote, unanimous to approve. CONTINUED PUBLIC HEARINGS Pursuant to MGL ch 131, s 40 and Lunenburg Wetlands Bylaw and regulations as listed in chapter 239 , a public hearing on a Request for a Determination by John Welton for the construction of stairs, a landing and a dock within the 100 foot buffer zone at 205 Sunset Lane Map 129 Lot 68. JW asked to just put their dock on wheels in for now instead of any stairs and landings. They will also remove a downed tree which is deadwood. ML asked how the applicant will put the dock in and store it. JW will float the dock over from a friend’s house nearby. BP thought it was a shame that stairs cannot be put in on the site. PB recommends going to the ZBA for a waiver for the site, and says that an approval under the WPA would help in getting a waiver from the ZBA. JV said the big hangup with this was parking and would be in favor of approving a set . JV/CC moved to make a negative determination with the following conditions: Set of stairs with 2 landings not to exceed 4’ wide. 8x10 deck area not to extend over water. Removable dock 4x32. 2 trees 1” diameter on either side of second flight of stairs. No parking shall occur on this parcel. Roll Call vote, unanimous to approve. Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaw, a public meeting on a request for a determination and a bylaw waiver request by Dan Dugas for the extension (overhang) of an existing roof at 60 South Row Road. Owner Dan Dugas will remove his roof and put on a permeable shade fabric on their overhang. He also provided a plan marking the distances from the roof to the resource area (Little Hickory Lake). JV Moved/CC seconded to issue a negative determination given revised plan. Roll Call vote, unanimous to approve. Pursuant to MGL ch 131, s 40 and Lunenburg Wetlands Bylaw and regulations as listed in chapter 239, a public hearing on a Notice of Intent (DEP # 208-1260) from V and V Lunenburg LLC for the redevelopment of a restaurant to a marijuana retail facility within the river front at 42 Summer Street. JV Moved/ML Seconded to approve with a standard order of conditions. Roll Call vote, unanimous to approve. Pursuant to MGL ch 131, s 40 and Lunenburg Wetlands Bylaw and regulations as listed in chapter 239, a public hearing on a Notice of Intent by Hickory Hills Association for the approval of a whole lake management plan at Hickory Hills Lake at Townsend Harbor Road. Paula Bertram submitted an addendum to the Notice of Intent and said an RDA will be filed for storm water work. She requested guidance regarding hand raking from ConsComm in terms of what can be allowable, and understands that dredging will require 401 storm water certification. Paula will revise the document to create a draft order of conditions and send to NM to create a draft OOC for Hickory Hills. CC Moved/JV seconded to continue public hearing to July 20th. Roll call vote unanimous in favor. Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and ===PAGE 4=== Municipal Bylaws a public hearing on a Notice of Intent (DEP # 208-1262) by Ed McSweeney for the Construction of a single family home, garage and driveway at lot 3 Holman St. ML Moved/JV Seconded to continue to July 20th. Roll call vote unanimous in favor.. 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 (DEP # 208-1263) by Ed McSweeney for the Construction of a well and a water line in the buffer zone Lot A Northfield Road. ML Moved/JV Seconded to continue to July 20th. Roll call vote unanimous in favor. 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 (DEP # 208-1264) by Ed McSweeney for the Construction of a single family home , garage and driveway at lot 4 Holman St. ML moved/JV seconded to continue to July 20th. Roll call vote unanimous in favor. Pursuant to MGL ch 131, s 40 and Lunenburg Wetlands Bylaw and regulations as listed in chapter 239, a public hearing on a Notice of Intent (DEP # 208-1265) by Fitchburg Land property Owner LLC to construct a 367,000 square foot warehouse and distribution facility with parking and storm water controls at 260 Fahlulah Road. NM said applicant has asked to continue to 9/7 as they are still working on getting approval from Fitchburg and other town boards. ML moved/JV seconded to continue to September 7th. Roll call vote unanimous in favor.. 9pm Appointment: 132 Hemlock Drive Kaitlyn Naughton has put a dock in and is filing an RDA. BP discussed the need for standing to apply given that the dock may be on Hickory Hills Landowners Inc. property. John Fortune of HHLI showed a picture of the dock and said the end of the dock may be below the high-water mark which is part of the HHLI-owned shoreline as all land under water and 1 foot above the high-water mark is owned by HHLI. He said HHLI has a process to follow for residents to get dock approval. JV asked whose property it is on, KN said it is owned by a neighbor who has given permission to build NEW BUSINESS: NM said Lake Shirley is coming to talk to ConsComm about their pre-treatment survey and plan on 7/20. OLD BUSINESS: Update on encroachment issues at: 192 Townsend Harbor Road 104 Woodland Drive 116 Woodland Drive BP was not able to make the meeting with Town Council and find out what had been done with encroachment issues. Hollis Road residence: ML said the pollinator group is now looking to bringing in a brush mower instead of goats and vinegar. This will likely cost less and do more to eradicate poison ivy. 123 Hollis Road: The resident has been sick and gone on vacation so ML has not been able to connect with her yet. ML and BP discussed the need for getting quotes for window replacement and touching base with the Assistant Town Manager. ===PAGE 5=== Certificates of Compliance: 30 Gilchrest St, Lots #1 and #2 JV/ML M/S to issue COC. Roll call vote unanimous in favor. 50 Page St, Lot #2 JV/ML M/S to issue COC. Roll call vote unanimous in favor. 939 Northfield Rd NM asked if any commission member knew if this had been approved as there was a written request from the applicant and notes on the 5/18 minutes. BP asked that NM continue to work on due diligence for this lot. 72 Hemlock Drive ML/JV M/S to issue COC. Roll call vote unanimous in favor. ENFORCEMENT: Violations (Enforcement Actions and Administrative Hearings) 238 Fire Road 16 NM shared a plan submitted by the Magurns for the removable dock which they are requesting a field change for per the recommendation of Matt Marro, the previous administrator. The dock is 4’x36’ and is removable. JV/CC M/S to accept the 4’x36’ removable dock as a field change. Roll call vote unanimous in favor. NON 23 Cove Road NON 48 Oak Ridge NON 54 Pine Grove NON 336 Arbor St NM noted that the above 4 properties have not responded to the letters of noncompliance and explained that the likely next step would be issuing formal enforcement orders. BP recommended a site visit and issuance of enforcement orders for all properties that have not responded to letters of noncompliance. EO 4 Gabes Place: Reviewed remediation plan and photos submitted by homeowner Brian Richards. BR explained that he had cleaned up a fallen tree and then raked out the leaves and brush in the back of the property where there was a small stream. Once he was informed by the LCC that this was a disturbance to the 30’ no-touch wetlands buffer he stopped JV moved/JV seconded to approve remediation plan. Roll Call vote, unanimous to approve. NON 205 Sunset, Beers lot – NM noted they are likely to come back with a modified plan after working with the building inspector to ensure they are up to code. EO 408 Electric Ave – Has submitted an RDA EO 75 West St – RDA in progress EO 411 Goodrich St – NM has not heard back from the property owner, LCC issued a positive determination on 5/18 and an enforcement order shortly thereafter. BP instructed Nadia to start looking at fines as defined by the Lunenburg bylaw. 445 Townsend Harbor Road – Report of work beyond the order of conditions in the wetlands buffer. NM to look into this site and send a letter of noncompliance as needed. Election of Officers BP suggested to defer elections for another night when a full board is in session. BP asked if anyone ===PAGE 6=== else wants to be chair. Stormwater Committee – LCC representative No nominations at this time. Open Space and Land Use Open Space Committee LCC representative – Mary Wilson offered to join. ML moved/JV seconded to nominate MW for the Open Space Committee. Roll Call vote was unanimous to approve. Howard Street Driveway Permit application. BP has applied for a permit for a driveway to Table Rock and the new DPW director requested an engineered plan. BP has shared a quote for $1,800 from Dillis and Roy. He said another member also suggested that the ConsComm pursue a logging operation, where the logger would create an entrance at the front of the property. There is a mound of stone and dirt that blocks trail access from the road. There is currently $25K in the timber rights fund, with another $29K coming in from upcoming forestry on Hollis Road. MW moved/ML seconded to approve 1,800 from Timber Rights Revolving Fund to fund engineered plan by Dillis and Roy. Roll Call vote was unanimous to approve. BP shared a $1000 invoice for GIS work on trail maps by MRPC. ML moved/ JV seconded moved/ seconded to approve $1000 from Timber Rights Revolving Fund to pay for GIS work on trail maps by MRPC. Roll Call vote was unanimous to approve. BP shared a bill for $250 from CAI Axis GIS to provide a trails layer for the town website. RB moved/ MW seconded moved/ seconded to approve $250 from Timber Rights Revolving Fund to pay CAI Axis GIS. Roll Call vote was unanimous to approve. BP acknowledged the work of Lynn Mann and her husband Bruce in making all the signs for the kiosks. MW commented that she was impressed by how good the signs look. Update on consultation with Town Counsel BP shared the notes from office hours with Town Counsel, RB, and NM with the Commission. Committee Reports – No update Communications /Public comment – no comments ML Moved/JV Seconded to adjourn at 10:10 pm. Roll Call vote, unanimous to approve. Adjourn Meeting schedule: Next meeting is July 20, 2022 at 7:00 PM