===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 Nadia Madden, Richard Tremblay, Associate Conservation Administrator August 17, 2022 7:00 PM Minutes ZOOM REMOTE Present: BP, RB, JV, ML Absent: CC, PA, MW Also Present: NM, RT Call to Order - BP called the meeting to order at 7pm Announcements BP announced that PA has submitted her resignation from the Conservation Commission. 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 – April 6 ML/JV M/S to approve, roll call vote unanimous to approve. April 20 RB/JV M/S to approve, roll call vote unanimous to approve. August 3 ML/JV M/S to approve, roll call vote unanimous to approve. Appointments/Hearings - PUBLIC MEETINGS AND HEARINGS 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 Andrew Leblanc for repair and construction of retaining walls on Hickory Hills Lake at 362 Townsend Harbor Road. Andrew Leblanc is the property owner, he wants to replace 2 retaining walls and build a third one 40 feet from the waters edge. He presented the plan which was revised on 8.17.22. His intention is to prevent erosion and no trees or vegetation will be cut. Associate RT shared some pictures of the existing walls on the site. JV noted that the walls will create level terraces rather than a sloping beach which should help with erosion control. Brett Ramsden will be performing the work, he said the first walls are already failing and the second wall is rotting. RB asked if it is possible to have a plan with the grades, the wall distances, and the 30 and 50 foot wetlands buffers. BR said this would be possible and that he can make a revised plan. RT asked if the approximate height of the existing walls could be included as well. BP asked if the revised plan can be sent the Saturday prior to the next meeting. ===PAGE 2=== RB/JV M/S to continue to September 7, 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 Kaitlin Naughton for construction of a dock on Hickory Hills Lake at 132 Hemlock Drive. NM said the applicant cannot join until 9pm. RB/ML M/S to continue until later in the meeting, 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 Catherine A. Domurat for repair and replacement of a septic system within the 100’ wetlands buffer at 127 Pleasant Street. The first sheet of the plan was shared. Doug Smith from Soilsmith Designs and MaryAnn Depinto from Three Oaks Environmental represented the application. DS said this is an existing 3-bedroom house that did not pass Title V, and that the system is a low-profile design which is 34 feet from the wetlands so it is outside of the 30’ wetlands buffer. He said this is the best he can do to get a septic system in rather than a tight tank. JV asked if DS could describe the septic system and describe how this varies from a regular septic system. RB noted that DEP had no comments on the system. RB/ML M/S to issue a standard order of conditions for the NOI, 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 Mardsen Engineering for replacement of a septic system and installation of a recharge trench within the 100’wetlands buffer at 37 Spring Street. Steve Marsden shared the project plan. There is a need for offsets and distances between this site and abutting wells. The septic system is using a jet tank for aeration to remove suspended solids and BOD and also a geomat sand filter for additional nitrogen removal. The proposed work will be outside the 30’ buffer and inside the 50’ wetlands buffer, there will be one bush in the 30’ buffer which needs to be dug up and raised along with the bed. They are also proposing gutters, downspouts, and recharge trenches along the sides of the house. The trenches are designed for the 100-year storm event. RB asked if the work will affect the house foundation, and how they will reseed. SM said he did not think the foundation would be affected as it is quite high, and that sod will be used to revegetate the soil. Kathleen Vorce is an attorney for David McHeartland who is an abutter at 51 Spring Street. He has had significant drainage problems from a development project uphill being done by BM and other building partners. KV said that the line of trees that runs along the left also includes a drainage ditch on 37 Spring Street which holds considerable runoff. The prior owner used to run sump pumps from the basement to the trench, and KV asked if the new setup will also involve pumping to the drainage ditch. She also asked where the trenches were for the runoff. SM showed where the drywell trenches will be on the plan. KV asked if the sump pump would be going to the old trench or to the new drywells. BM said the sump pump will be tied into the new recharge trenches. KV asked if the Commission would want to ask that the existing channel be depicted on the plan. BM says the existing trench will not be touched but that he can add it to the plan. JV asked if spring street is a town road, BM said that it is private. RB said that the 100-foot wetlands buffer which crosses is the end of the Conservation Commission’s jurisdiction, as is the street. JV asked what will happen to the existing leach field, RM said the tank will be crushed and filled and the leach fields will be left alone. RB/ML M/S to continue the public hearing to September 7, roll call vote unanimous to approve. ===PAGE 3=== CONTINUED PUBLIC MEETINGS AND HEARINGS 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 Nicholas Pirro for reseeding and associated grading within a wetlands area at 408 Electric Avenue. MaryAnn Depinto represented the project, she said that she had the applicant dig up the soil to determine where hydric soils were, and she had the applicant place erosion controls around the edge of the wetlands and around the edge of the catch basin. She said the area closest to the fence is a sewer line that runs along the edge of the property. RB asked if the erosion controls and the wetlands flagging could be included on the plan. RB/JV M/S to continue to September 7, 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. RB/ML M/S to continue to September 7, 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 (DEP # 208-1261) by Ed McSweeney for the construction of a house and associated grading in the buffer zone Lot 5 Northfield Road. Angel Lehtonen of Northfield Engineering represented the project, and said MaryAnn Depinto had reviewed the drainage ditch and determined that it does not connect the wetlands. JV asked about the apparent wetlands on the area inside the erosion controls on Lot 5. MD said that there were wetlands plants mixed in with uplands and that the overall plant community in that area was not wetlands and that there was no evidence of wetland soils. RB asked where the erosion controls were on the back of the house as they currently end at the two sides of the house. Abutters Priscilla and Ed Deschampes own the lots across the street, and they said that these properties drain onto their properties drain onto their property on 455 Northfield Road and that they have seen overflow from Holman Street to their properties because of the volume of water on the Holman and Northfield Road properties. ED said he is concerned that the stormwater controls designed for the property will not work during wet seasons. BP informed the applicants of their right to appeal the decision to DEP. RB/ML M/S to approve the project with the conditions that the erosion controls be installed as shown the septic plan, and the house being positioned as shown on the stormwater plan. 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 (DEP # 208-1262) by Ed McSweeney for the Construction of a single family home, garage and driveway at lot 3 Holman St. AL represented the applicant here, and she presented the updated plans with corrected wetlands flags (Flags #25-#28) that have been reviewed by Three Oaks Environmental. The updated wetlands plan now have the driveway with 97 square feet of impervious surface within the 50-foot no structures zone. RB said he thought that the Conservation Commission should not set a precedent of approving new structures in the 50-foot no structures zone. EMS requested a continuation until September 21 so that they can shift the ANR with the Planning Board. ===PAGE 4=== RB/ML M/S to continue to September 21, 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 (DEP # 208-1263) by Ed McSweeney for the Construction of a well and a water line in the buffer zone Lot A Northfield Road. AL presented this lot and the letter from Mary-Ann DePinto indicating that the drainage ditch on the left side of the lot is not a jurisdictional wetlands. JV asks if the drainage ditch can be protected from future fill. MD said that the stormwater from that ditch does feed the wetlands and that boulders could be used to indicate the ditch. Discussion of the distance between the drainage ditch and the house, NM said it is less than 30 feet. RB/JV moved to accept the plan with the conditions to require 2’x2’ boulders every 20 feet in perpetuity along the limit of work along the side of the house. 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. AL requested a continuation on this lot to September 21st so that they have time to change the ANR with the Planning Board. RB/ML M/S to continue to September 21, 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 Kaitlin Naughton for construction of a dock on Hickory Hills Lake at 132 Hemlock Drive. Kaitlin Naughton shared her plan for a 4’x4’ permanent dock sitting on the bottom of the lake. JV asked if Hickory Hills has approved the dock application. JV said the commission has not previously approved non- removable docks and asked if the applicant would be willing to replace the dock with a removable dock. KN noted that the other neighbors in this area do not remove their docks during the winter and she asked if she could replace the wooden supports with aluminum supports. RB said that a permanent dock will require the filing of a notice of intent and that he strongly recommended putting in a removable dock. KN said she can put wheels on the posts and make the dock removable. BP recommended that the entire dock be made of aluminum if KN wants to get the project approved under an RDA vs a NOI. KN asked where the dock should be stored. BP said the commission doesn’t like for docks to be stored next to lakes. KN requested to continue to September 7th to update the dock plans. RB/ML M/S to continue to September 7, roll call vote unanimous to approve. NEW BUSINESS: Election of Officers (If all members participating): delayed until all members are present. New Members: BP recommends that the Commission endorse Richard Tremblay as a new Conservation Commission Member to the Select Board. ML, RB, and JV agreed. Bob will send the s Select Board a letter of endorsement on behalf of himself. OLD BUSINESS: Update on encroachment issues at: 192 Townsend Harbor Road 104 Woodland Drive 116 Woodland Drive ===PAGE 5=== BP said that Adam Costa has reported that new letters have been issued and that he is waiting an additional 6 weeks before contacting the Select Board regarding litigation. Hollis Road residence: Update on maintenance work, reimbursement. ML noted that the 2nd quote that came in includes highly insulated windows with good reviews on quality for price. He noted his gratitude to LakeView Landscaping for their work in the pollinator gardens. Certificate of Compliance: 610 West Street RB/JV M/S to approve the certificate of compliance. Roll call vote, unanimous to approve. ENFORCEMENT: Violations (Enforcement Actions and Administrative Hearings) NON 48 Oak Ridge NON 54 Pine Grove NON 23 Cove Road NON 336 Arbor St NON 205 Sunset, Beers lot EO 411 Goodrich St EO 615 Townsend Street Open Space and Land Use Howard Street Driveway Update on trails grant – status report, if any. BP has applied for reimbursement for the total amount of the grant. There are still signs to put up and gates to be installed. Committee Reports – Any Update Stormwater Committee – LCC rep needed BP noted that Associate RT has volunteered to be on the Stormwater Task Force if he is appointed to the Commission as a full member. Communications /Public comment RB asked about the field change at Leominster-Shirley Road. NM to send him further documentation. RB/ML M/S to adjourn, roll call vote unanimous to approve. Adjourned at 9:41 pm Meeting schedule: Next meeting is September 7, 2022 at 7:00 PM by Zoom platform