===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 19, 2022 7:00 PM Minutes ZOOM REMOTE Present: MW (Acting Chair), RB, CC, ML, RT, BP (joined late) Absent: JV Also: NM Call to Order at 7:01 pm 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. Minutes of previous meetings – October 5, 2022 RB/RT M/S to approve the minutes of 10/5. Roll Call vote, unanimous to approve. ML had technology issues and didn’t vote. Appointments/Hearings – begin at 7pm NEW 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 # 208-1274) by Darren Brosseau for the construction of a single-family home, well, and septic system at 390 New West Townsend Road. Greg Roy from Dillis and Roy presented the NOI, which is a house and septic system design which was previously approved in 2017 under the OOC (DEP #208-1125), but expired in early 2022. The applicant had started work on the septic system and foundation but upon realization that the old OOC is expired it seeking a new one. The septic system is in the outer riverfront area, and the house is outside the 50’ no-disturb wetlands buffer. The septic system has been raised by one foot, but there are no further incursions into the wetlands buffer as compared to the prior approved OOC. GR said they would also like to close out the old OOC (DEP #208-1125) once the new order is ready. GR presented the previous OOC and RB commented on the additional conditions regarding the total RFA disturbance. GR presented the DEP comments on the filing, and discussed the discrepancy in the total RFA on site and an increase in the amount of alteration to the RFA in the OOC for 208-1125 and the current proposed NOI. GR ===PAGE 2=== stated the total current RFA on property is 91,455 sf. Condition number 45, from the previous OOC, states only 608 sf of alteration will be allowed and the current NOI is proposing and appears to be a perpetual condition. GR mentioned the DEP commented the prior OOC should be issued a CoC before a new OCC is issued. RB stated the new alteration and disturbance sf should be included under an updated condition 45. GR confirmed new numbers on alteration and disturbance were measured for the property. RB/ML M/S to approve with a standard order of conditions along with condition 45 from the prior OOC with corrected areas: “The total riverfront is 91,445 square feet with an allowed disturbance of 8,284 square feet only 860 square feet of disturbance will be allowed for alteration within the 200 foot riverfront in subsequent files. And, with a condition 46 that the erosion control barrier be updated. This shall survive a certificate of compliance”. 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 the Lunenburg Water District for replacement of a water main on 1205-1479 Massachusetts Avenue. Anthony Cleaves presented the project for replacement of the water main along Mass Ave. Abutters have now been notified and the project has been re-advertised. All replacement work falls within the right of way of Mass Ave. There are 3 wetland areas along the road, the first one is a wetland crossing off of Townsend Harbor Road, the second one is to the east, and the third one is near the school driveway. At the first site, the 30’ no touch zone would remain undistributed. At all three wetlands sites, erosion controls of straw wattles and a silt fence will be placed on both sides of the roads edge. RT asked if the road at the school driveway wetlands is going to be opened or if directional digging will be done. AC said it will be an open cut at the edge of the road. RB asked what the construction timeframe is. Gary McCarthy from StanTec said the work will likely be done in the summer of 2023, but that there may be some delays. Mike Brady said the work will likely take 60-90 days barring delays in material availability. The Water District will have an engineer on site on a daily basis during construction, and StanTec engineers will support the overall project but will not have an engineer on site daily. RB/CC M/S to approve with a negative determination #3 with condition that the office be notified 14 days prior to construction for inspection of erosion controls. Roll Call vote, unanimous to approve. ML had technology issues and didn’t vote. NEW BUSINESS: Election of Officers: postponed Girl Scouts: MW said that the Girl scouts will be at the Lane Property on Saturday to install the bench at 10 am should anyone care to attend. Questions for Town Counsel: BP will ask town counsel about the 2-year statute of limitations of violations in the buffer zone as long as said violations don’t impact the resource area. Use of Docusign: NM requested that the commissioners not reject a request for DocuSign, as it throws the signature process off. Topics not known 48 hours in advance of meeting: NM noted that there is an additional Administrative Determination that she will address during that part of the meeting. OLD BUSINESS: Update on encroachment issues at: 192 Townsend Harbor Road 104 Woodland Drive ===PAGE 3=== NM did not have updates Hollis Road Residence: Update on maintenance work, exterminator. ML said that a vendor has been selected for the windows replacement project, and the windows have been ordered. The work will likely start in December. He needs to connect with the tenant to get a list of appliances and heating systems to get a replacement schedule planned. He is still working on getting numbers for the kitchen. ML asked if the exterminator contract with Ransford pest control has been initiated. Vote on Reimbursement for Cleghorn Plumbing. MW/ML M/S to pay the invoice of $1,471.56 for Cleghorn Plumbing from the Hollis Road Revolving Account. Roll Call Vote, unanimous to approve. Use of Hollis Road account for the pollinator habitat. ML said the first request for the pollinator habitat was for a water tank from Facebook Marketplace, which cost $100. The second request was for fencing and materials, which cost around $900, for protecting part of the habitat and a few trees. He is working with Paul Valente to get the fence work delivered. NM said the fencing has been ordered. ML said he is waiting for painting numbers to come in for the kitchen. ML will soon reach out to the tenant about storing the two lawn mowers in the garage. Administrative Determination: 131 White Street NM said there are 3 dead trees within 30 feet of a nearby stream that the Luneburg Housing Authority would like to cut under an Admin determination. RB/ML M/S to ratify the administrator's determination to permit cutting of 3 dead trees. Roll call vote, unanimous to approve BP joined the meeting in time for discussion on 53 Pearl St, he voted on it 53 Pearl Street NM presented that the homeowner wants to cut 3 trees and limb 1 tree overhanging his roof within the 30’ buffer for Lake Shirley. NM said the homeowner has offered to replace them with 2 maples and 2 hemlocks. RB/RT M/S to ratify the administrator’s determination to permit cutting of 3 trees hanging over their house and limb 1 additional tree to be replaced with 2 10’ maples with 2” bhd and 2 7-8’ hemlocks with 2” bhd. Roll call vote, unanimous to approve. 238 Fire Road #16 Owner wants to cut 1 broken tree within 30 feet of an isolated wetlands. MW asked if he would only cut 1 tree, or a second nearby tree that appeared to be conjoined at the base. NM confirmed he will only cut the one tree. RB/ML M/S to ratify the administrator's determination to permit cutting of 1 broken tree. Roll call vote, unanimous to approve. Certificates of Compliance: ===PAGE 4=== 90 Hemlock Drive: NM has done a site visit for 90 Hemlock Drive. She recommends that they be approved when the request is sent in by applicant 131 Holman Street: 137 Holman Street: NM said they are waiting on an updated engineering plan because they had to move a rain garden, but once they put in the CoC request she recommends that both Holman sites be approved. 238 Fire Road #16: NM presented that there were several plants that had needed to come in, and during her most recent site visit they had. They are also waiting on an engineering plan but she recommends that the OOC be closed out and that the CoC is approved. ENFORCEMENT: Violations (Enforcement Actions and Hearings) EO 48 Oak Ridge EO 54 Pine Grove EO 23 Cove Road EO 336 Arbor St NM asked that the commission ratify the EOs for 48 Oak Ridge, 54 Pine Grove, 23 Cove Road, 336 Arbor St. BP said he doesn’t believe that they need to be voted on by the Commissioners, just signed by the chair or vice chair. No voting took place. NON 205 Sunset, Beers lot: NM said the homeowners are still working on making a plan EO 411 Goodrich St: NM said an RDA has been submitted to the Conservation Office, and it will likely be on the November 16 meeting agenda. Open Space and Land Use MW said the recent Open Space Committee was postponed and the next meeting is in November. Howard Street Driveway: BP said the permits has been approved, the next step is to approach DPW for help with the project. Timber Sales: BP said cut on Hollis road is underway, and the Chase/Northfield road property is next. There was 1 abutter inquiry on the Northfield property. The proceeds will be approximately $28,000. Vote on Maki’s PO: BP said the Commission already voted on a $2000 PO back in FY22, and NM will now raise the new PO for FY23 with the balance of unspent funds. BP commented that there should always be a few hundred dollars open PO at Maki, and MW agreed. BP said he needs to reach out to volunteers to finish putting up the trail signs, and that the Commission should tackle putting up the gates next year. MW said that the Girl Scouts are interested in writing in the Lunenburg Ledger about various aspects of Lunenburg conservation land. She has also reached out to a writer at the Ledger who is willing to mentor the Girl Scouts. She asked for ideas from the Commission, for example the bald eagles at Lake Shirley and Hollis Hills, or endangered species such as the Blanding’s turtle. MW has a short list of ideas that she will circulate with the Conservation Commission. MW said the Lunenburg Snowriders have proposed trails improvements at Cowdrey, including fixing the ===PAGE 5=== bridge. She presented a presentation on the proposed plan and estimated costs with help from the conservation commission (under $1200) for fixing the bridge, which is a safety hazard. The Snowriders would provide supplies and volunteer support, with plans to fix the bridge in one day. Proposal of widening and replacing bridge deck, and strengthening it. The existing stringers would require no replacement. BP recommended looking at Makis for price quotes as their pricing is competitive and there is an open purchase order that could help to cover costs. RB asked if the existing stringers would provide enough support for the snow machines that come in. MW confirmed a replacement plan that would strengthen the bridge. BP/MW M/S to approve the maintenance project and express the Commission’s appreciation for the Snowriders’ labor. Roll call vote, unanimous to approve. RB had technology issues and didn’t vote. Committee Reports – no update Communications /Public comment RT/CC M/S adjourn the meeting. Roll call vote, unanimous. Adjourned at 8:38 pm Meeting schedule: Next meeting is November 2, 2022 at 7:00 PM by Zoom platform