===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 Richard Tremblay November 2, 2022 7:00 PM ZOOM REMOTE Present: BP, RB, CC, ML, MW, RT Absent: JV Call to Order: 7:00 pm Announcements None. 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. Sam Welch noted that he is present at the meeting. Minutes of previous meetings – October 19, 2022 CC/RT M/S to approve the minutes of 10/5. 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 Dan’s Paving LLC for a proposed parking lot, proposed garage and office and septic system at 691 Chase Road, Lunenburg. Melissa Magane with Dan’s Paving and Excavating presented the proposed plan, and noted that she is requesting a retroactively approved RDA as some of the work (the driveway and existing paved area) have already been constructed. The electric service has not been constructed yet. MM noted that once occupancy of the land is approved, in accordance to the Zoning Board special permit, she will have 6 months to remove the temporary trailer office, and the proposed office, garage, and septic area will hopefully be complete. RB asked if there had been any disturbance within the 100’ buffer zone. MM confirmed Dan’s Paving has not disturbed anything within the 100’ buffer zone. Although, Unitil has a right-of-way access that they did some ===PAGE 2=== clearing for. RB asked if the septic system has been approved by Board of Health. MM stated it has not. RB said that if there are any alterations the BOH recommends, the plan will need to come back to the Conservation Commission again for approval. MM said there is an artesian well on-site, and the BOH has approved it as a potable water source. MM confirmed the electric service will be coming in overhead. RB/MW M/S to approve with a negative determination with condition that the office be notified prior to construction for inspection of erosion controls, and if there are any changes to the septic system plan it be brought back to the Conservation Commission for approval. 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 Housing Authority, for tree cutting at 131 White Street. Deborah Christen (LUHA Chairman), Adam Gautie (LUHA Assistant Executive Director), and Dale Proul (LUHA member) were present for the proposed plan. AG described that a number of trees on the perimeter from Building A to G will be taken down because the tress are dead or dying, and present a hazard due to falling limbs. MW visited the site and confirmed that a number of trees are dead, dying, or leaning over a driveway or unit. She stated she would be interested in replacing some of the dead or diseased trees but has concerns with replacing any healthy trees. ML conquered with MW that they are harm to safety and property and he has no issues with removing the trees, but aesthetically they might consider replacing them with smaller trees. RT agreed with ML but asked if the trees near Building A, B, C, and D are dead or dying and are marked for removal, as he doesn’t remember being taken there during either of the two site visits. AG stated that those trees were marked for removal and they have previously caused property damage, he confirmed there is no plan to replace the trees due to budgetary restrictions. RT noted that where the trees are more spare (near Buildings A, B, C) the proposed trees might remove the trees entirely from that area. RB asked if the stumps would be taken out. AG stated it was up to the Commission, and RB proposed leaving the stumps and being careful with surrounding vegetation while removing trees. BP agreed with RB about not removing stumps, as it would also be cheaper. RB/CC M/S to approve with a negative determination with condition that the stumps be left and that damage to the surrounding vegetation be minimized. 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 Elaine Normandin for a proposed replacement of a retaining wall at 47 Round Road. ML/CC M/S to continue hearing to 11/16 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 Rene Rainville, for a proposed replacement of a retaining wall at 57 Round Road. MW/RB M/S to continue hearing to 11/16 meeting. 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 by Marc Sprague, for a proposed replacement of a retaining wall at 73 Round Road. Matt Marro represented applicants on all three NOIs at Round Road, as the properties are abutters. Brett Ramsden (of Ramsden Walls) who will be doing the proposed work was also present. MM presented the three walls which are all fieldstone walls that are self-draining. There is a 100 year flood plain mark on property. The walls are not proposed to be expanded or the height raised, the existing walls will just be replaced. MM presented images of the current deteriorating wall at all three properties. RT went on a site visit and confirmed that the walls are in poor shape, he also asked if there were any plans to replace the docks as they are also damaged. MM said there were no plans to replace the docks. MW asked if there were any plans to address the erosion that has gone into the lake. MM stated there were no current plans for said erosion. MM stated he contacted DEP about delays with issuing DEP numbers due to short staffing. RB asked where the walls were in relation to the high water mark. MM stated that some of the walls were on top of the high water mark while others were slightly off set. He stated work will likely be done in drawdown time. MM confirmed that the wall will be placed slightly behind the existing timber wall. BR stated that the full project for all three properties shall take approximately one month. BR expressed concern about the lake potentially closing due to high precipitation, and resulting difficulties with construction this could cause including project delays. MM stated he would coordinate with BR about dates to avoid this from happening. RB stated that there could be mechanical issues with the damn and that he should have a contingency plan for that. BR said he will mostly be able to do the work from dry land. Eric Knapp (at 39 Round Road) is an abutter and expressed that he generally supports the project but requests that the replacement wall match the location and height of the exiting wall on his property, and that there be no significant gap between the two that would cause channeling in the event of flooding. MM stated that he could ensure there is no significant gap between the two walls but it would be difficult to match the height because the wall is higher at 39 Round Rd than at 47 Round Rd and he is not able to raise the wall without filling the flood plain. ML/RB M/S to continue hearing to 11/2 meeting. Roll call vote, unanimous to approve. CONTINUED 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 Brian Haas for the paving of a driveway at 509 Townsend Harbor Road. Brian Hass and Bill Hannigan were both present for the discussion. BHann presented on the plan for details regarding where the paving for the driveway will take place. He presented aerial photos that showed the general location of the previous gravel driveway, and the proposed plan which will be in a similar location, with some expanded parking area. The paving is outside the 50’ no build zone. BHann stated the turnout area is an extension of the driveway and will be loamed and seeded for stabilization. Additionally, he staked that some crushed gravel was added at the back of the driveway prior, and the plan is to keep some of the gravel, around a 2 feet apron of the driveway and the extra crushed stoned would be removed and the area loamed and seeded. The area paved to the southeast of the driveway encroached on the abutter property, so it will be ===PAGE 4=== removed. BHann stated this project will result in a minimal increase in runoff but that the crushed stone and restored area will mitigate this increase. BHann stated he is seeking a negative determination. There were also some trees outside of the 50’ buffer zone that had been removed due to their proximity to overhead wires. MW pointed out that there appears to be a misrepresentation of the number of tress in the plan versus the ones that appeared in photos. BHann noted that this could be the case. RT asked what the dimensions are for the area of crushed stone, BHann confirmed that the crushed stone is existing and there are plans to remove excess stone. Susan Petrella (abutter to project) brought up a concern about the project being in compliance with Lunenburg Byalw Article 4 Section 250-6.4 which requires that driveways be set 5’ from lot lines, and needs to be issued a building permit. BP stated this should be brought up with the building inspector. RB asked if there were plans to comply with this bylaw. BHann stated it could fall under an exemption but that he will likely take it up with the building inspector RB/CC M/S to approve with a negative determination. 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. BHann requested a continuance to the 11/16 meeting. RB/MW M/S to continue hearing to 11/16 meeting. Roll call vote, unanimous to approve. NEW BUSINESS: Questions for Town Counsel BP asked question to town counsel. He confirmed that in the Wetlands Act there is a two-year statute of limitations on existing violations that are just in the buffer zone and not impacting the resource area. Review of draft select board environmental policies BP stated concerns that there is a lot of stuff included that he isn’t sure how they would enforce it, and he also stated there appears to be a lot of things that they missed. MW reviewed the policies as well and has concerns regarding ATV usage, and BP agreed. RB also expressed concern on enforcement and where the money for policies is coming from. BP recommended that questions and concerns be sent it. Parcel 3 Sunny Hill Road BP stated that the town has right of first refusal, and as far as he knows there is no interest among the Conservation Commission to acquire it. MW/RB M/S to approve that the Conservation Commission has no interest in acquiring Parcel 3 Sunny Hill Road. Roll Call vote, unanimous to approve Topics not known 48 hours in advance of meeting Request for a field change by Richard Tremblay The plan calls for 12” wattle but only 9” wattles are available. RT requests to use 9” wattles instead. RB/MW M/S for a field change to a 9” wattle. Unanimous to approve. RT recused. ===PAGE 5=== The Boy Scouts for an Eagle Scout project submitted a request for overnight camping at Clark’s Hill. BP noted they filled out the appropriate form and recommended that it be approved. RT/MW M/S to approve overnight camping by the Boys Scouts at Clark Hill. Roll Call vote, unanimous to approve. OLD BUSINESS: Update on encroachment issues at: 192 Townsend Harbor Road 104 Woodland Drive BP went by their place twice, no one answered. Hollis Road Residence: Update on maintenance work, exterminator ML had a meeting set for the kitchen but the person got sick so they will reschedule. ML stated they received permission to store the lawn mower and the push mower in the shed on property over the winter. ML said signatures are required for the exterminator contract on 123 Hollis Rd, it would be a $495 yearly contract. The contract is made out to the Town of Lunenburg. BP said he should reach out to Julie Belliveau about who should sign it. Administrative Determination: Certificates of Compliance: 390 New West Townsend Rd (DEP# 208-1125) RB/ MW M/S to approve the issuance for the Certificate of Compliance. Roll call vote, unanimous to approve. Violations (Enforcement Actions and Hearings) EO 48 Oak Ridge EO 54 Pine Grove EO 23 Cove Road Tracee and Robert Galloni (property owners at 23 Cove Rd) commented on their EO. RG stated that he has correspondence between him and Matt Marro back to 6/16/2021, with a timeline of everything, and a recording of an 8/18/2021 Conservation meeting where a plan was presented and approved. MM visited the site on 4/14/22 and said the site was all good, and MM stated he would report back to the commission. BP asked if there was still the shed/greenhouse on the corner of his lot that was within the 50’ buffer zone. RG stated that at the 8/18/2021 meeting he was represented by Rob Bowen. Oxbow also provided a report that showed there was no wetland filled. RG provided a restoration plan, it was accepted and approved and a site visit was conducted by MM on 4/14/2022. BP recalls that the Commission said the shed construction needed to stop but it was completed on site. BP stated that this must remain on the agenda until Adam Burney or the new Conservation Administrator reviews the EO and determines no further action is needed. BP asked if there was significance between the distinction between a shed and greenhouse on the property, RG stated that it was decided at the 8/18/2021 meeting that the issue of the greenhouse and stonewall was resolved. RG stated he would be providing legal documents in regards to the wetlands and rainwater covert which was ===PAGE 6=== supposed to be maintained by Hickory Hills. He stated that the lack of covert maintenance, caused flooding on his property, and it resulted in his property being designated as wetland. It was also determined that there were stones in the rainwater covert, and when they were removed, the water started to flow better, and his land started to dry out. EO 336 Arbor St NON 205 Sunset, Beers lot EO 411 Goodrich St Open Space and Land Use BP has not yet talked to Bill Benard Howard Street Driveway BP has not yet talked to Bill Benard Timber Sales BP heard from Fran McNamara that pulling lumber out of the back of Hollis Rd is going well; Conservation land improvements BP stated that the PO for Maki was only $300 but there needs to be more funds to pay for upcoming expenses. RB/RT M/S for a $2,000 PO at Maki for materials and supplies for bridge repairs and putting up signs and gates. Roll call vote, unanimous to approve Committee Reports – Any Update BP stated that Adam Burney received communication from the attorney for Sean Kelly’s estate, at the Hickory Hills property. The property failed Title V so it will delay the transfer of the estate to the Conservation Commission. Communications /Public comment Sam Welch stated he was interested in being an associate member of the Commission. BP explained the role of an associate member such as attending meeting, being included in discussion during the meeting, and coming to site visits. MW stated she will send SW any relevant volunteering opportunities. MW/CC M/S adjourn the meeting. Roll call vote, unanimous. Adjourn at 9:14 pm Meeting schedule: Next meeting is November 16, 2022 at 7:00 PM by Zoom platform