===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 Catie Childs Michael Larouche Mary Wilson Nadia Madden, Richard Tremblay Conservation Administrator October 5, 2022 7:00 PM Minutes ZOOM REMOTE Present: BP, RB, JV,ML, MW, RT Absent: CC Also: NM Call to Order at 7:02 pm Announcements MW suggested that the Conscomm designate an alternate member to take on the role of monitoring the meeting room during meetings. BP agreed and noted that MW is the cohost for this meeting 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 – September 21, 2022 MW/ML M/S to approve the minutes of 9/21. Roll Call vote, unanimous to approve (RB abstained) Appointments/Hearings – 7pm Girl Scouts Girl Scouts Leanne Taylor and Katie Daykin from Troop 64501 presented their project, proposing to install a bench from Trex at the Lane Conservation property. They have considered a few different options on the lot. They would like to install the bench on a weekend. BP said he has purchased a chain to help secure the bench. MW said that she appreciated the presentation which was well thought out, and thanked LT and KD for approval. MW/RT M/S to approve the bench installation as recommended by the scouts. Roll Call vote, unanimous to approve NEW PUBLIC 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 the Lunenburg Water District for replacement of a water main on 1205-1479 Massachusetts Avenue. Discussion of the request to waive the abutter notification requirement. RB proposed denying the ===PAGE 2=== request. BP suggested that the applicant notifies all abutters in the wetlands buffer. RB recommended getting the full list from the Assessor’s office and picking the correct abutters from there. Anthony suggested that we re-advertise the meeting as abutters were not properly notified. MW/ML M/S to reject the waiver notification to require notification of abutters within the 100-foot buffer area. 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 Zachary Paul & Virginia Romine Vestigo for replacement of a septic system at 10 Maple Parkway, Lunenburg. Nick Pauling from GPR presented the application for replacement of the septic tank, within the 50’ wetlands buffer. ML asked about why they couldn’t site the tank outside the buffer, NP explained that the size of the tank and the required house and property line setbacks made the siting of the new tank very difficult. JV/MW M/S to approve the RDA with a negative determination. Roll call vote, 4/2 (for: BP, JV, MW, RT, against: RT, ML). CONTINUED PUBLIC HEARINGS 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 208-1273) by Christian and Allison Martin for the demolition and construction of a single-family home and garage at 127 Chase Road. DEP number has been issued with no comments. JV/ML moved to approve the project with a standard order of conditions. 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 Nicholas Pirro for reseeding and associated grading within a wetlands area at 408 Electric Avenue. Maryann DePinto presented an updated site plan from 10/4/22 depicting the regrind covered area. MW asked if the project was not already an after-the-fact RDA, and if the regrind area was larger than it had been previously. Property owner Nick Pirro explained that the regrind and crushed concrete had been there prior to the site clean-up, as the neighboring property had been plowing up sand and gravel towards the catch basin. ML stated he was recusing himself due to a personal relationship. JV/BP M/S to approve the project under a #3 negative determination. Roll Call vote, (for: BP, JV, RT against: MW, RB,). ML returned from recusal. 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. NM said the applicant has requested a continuation until 11/2 as the engineering drawings are not complete. JV/ML M/S to continue hearing to 11/2 meeting. 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 # 208-1265) 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 the applicant has requested a continuation until 11/2. The peer review is underway and should be complete by the 10/19 meeting. ===PAGE 3=== RB/JV M/S to continue hearing to 11/2 meeting. Roll call vote, unanimous to approve. NEW BUSINESS: Election of Officers (If all members participate) – No action. Review of RDA requirements – NM reviewed information from the MACC Handbook Topics not known 48 hours in advance of meeting OLD BUSINESS: Update on encroachment issues at: 192 Townsend Harbor Road: coming right along 104 Woodland Drive: BP to reach out personally to the property owner. Hollis Road Residence: Update on maintenance work, reimbursement. ML said the vendor is going to come back with a quote on the kitchen cabinets. ML asked if the barn that is on the 123 Hollis road house property could be used to put the shared lawnmower under cover. BP recommended contacting the tenant. Use of the Hollis Road account for Pollinator Habitat. ML asked if the pollinator garden fencing purchase order was ready yet. JV asked if the windows were for the pollinator garden. BP said they are for the house and that Conscomm has a contract with the tenant, and that Conscomm has a duty to provide them with a safe environment. Nick Pirro offered to diagnose and service the lawn mower for the pollinator garden. BP asked that the Commission that when considering pollinator habitat funding requests that they keep in mind the primary purpose of the Hollis Road account was intended for maintaining the residence at 123 Hollis Road. MW asked if there has been any capital planning for anticipated maintenance expenses on 123 Hollis Road. Certificates of Compliance: 183 Hemlock Drive 160 Mass Ave MW/ML M/S to approve a CoC for 160 Mass Ave. Roll Call vote, unanimous to approve. 39 Island Road MW/JV M/S to approve a Coc for 208-255 at 39 Island Road. Roll Call Vote, unanimous to approve. RT/ML M/S to close out existing enforcement orders at 39 Island Road. Administrative Determination: 131 White Street The Lunenburg Housing authority wrote a letter to LCC requesting us to reconsider their proposed tree cutting under an Administrative Determination rather than an RDA. Wayne Caron and Dale Proulx from the Housing Authority Board explained that the funding that they have from the state to remove the trees is not sufficient to replace the trees that they plan to remove, most of which are dead and dying. BP said that 20+ trees would need to be covered under an RDA filing. NM offered to sit down with the Housing Authority to assist with filing an RDA. ENFORCEMENT: Violations (Enforcement Actions and Hearings) NON 48 Oak Ridge NON 54 Pine Grove NON 23 Cove Road NON 336 Arbor St NM has located the letters of non-compliance and will go on to issue enforcement orders for these properties. NON 205 Sunset, Beers lot . Property owners emails and they are making an engineered plan for the lot. NON 691 Chase Road an RDA for the work on the property has been submitted for an upcoming meeting. EO 411 Goodrich St - property owner is submitting a new RDA with the wetlands line and proposed tree removal/replacement EO 615 Townsend Street – property has fully complied with enforcement order Open Space and Land Use Howard Street Driveway - Bill Bernard (DPW) signed off on the application for the Howard ===PAGE 4=== street driveway for Table Rock. BP will work on getting the driveway installed after that. Timber Sales – BP said the Timber contracts have been executed and they will start on Northfield road property first, then a harvest on Hollis Road. Update on trails grant: the town has been reimbursed for the trails grant, it has all been spent. The signs are still being put up, and the access gates have not yet been installed. 35 Leominster Road – 15.5 acres are up for sale to the town. RT/ML M/S to tell the Select Board the Conservation Commission is not interested in the property. Roll call vote, unanimous to approve. Committee Reports – MW is looking for a project to write a Mass Trails grant for, she is looking for input and ideas from the Conservation Commission. Communications /Public comment RB/RT M/S to adjourn the meeting. Roll call vote, unanimous to adjourn. Adjourned at 9:42 pm Meeting schedule: Next meeting is October 19, 2022 at 7:00 PM by Zoom platform