===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 Anna Petrie Richard Tremblay Conservation Administrator Sam Welch, Associate Member December 7, 2022 7:00 PM Minutes ZOOM REMOTE Roll Call: BP, JV, ML, MW, RT, RB Absent: CC Call to Order at 7pm Announcements: No Announcements. Public Comment: No comments. Minutes of previous meetings – November 16, 2022 ML/RT M/S to approve as drafted. Roll call vote, unanimous to approve. Appointments/Hearings – Tracee Galloni, 23 Cove Rd EO Tracee & Robert Galloni were representing themselves for the hearing of the EO for the construction of a greenhouse within 100 ft buffer zone as well as 50 ft no-build zone. Tracee stated that previous agent Matt Marro had conducted a site visit earlier in the year, and approved of the different plantings done within the yard and near greenhouse. It was to their understanding that this structure was fine. RB said that he is not in favor of having any sort of structure within the 50 ft buffer. RB continued to explain that the wetlands have been there for a while, if even it started out as just a flooded area. ML asked how easily could the structure be moved to another section on the property. TG explained that the area that the greenhouse was constructed on is the only level area suitable for the greenhouse, leaving no other location. TG also continued to state that they do not believe that the property has always been a wetland and that it was just a flooded area. ML said that if we were to give permission for them to keep the structure in the buffer zone, this could set up ===PAGE 2=== future issues for other property owners in Lunenburg wanting the same. RG stated that they do not want the rules bent for them, though most of the property is within the buffer zone and leaves no other options for property work. RB (RG?) continues to state that he does not believe that, prior to them hiring a consultant for delineation, the wetlands are original and wants proof of so. BP states for the record that this wetland was delineated by the wetland scientists at Oxbow Associates. Continues to ask JV for his input. JV said he is unaware of the property at the moment and cannot comment. RT asked for the size of the greenhouse. RG responded with 10 x 10 and that it is difficult to take down. MW states that she does sympathize with the homeowners, though will not budge on our stance in accordance with the bylaw. JV stated he had found pictures from the commission’s original site visit and he agreed the greenhouse should be removed. BP asks for a motion to either have the greenhouse taken down and removed or an RDA submittal for relocation. MW/ML M/S to have the greenhouse removed or the homeowner to submit an RDA for the relocation of the greenhouse. 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 hearing on a Notice of Intent by Paul Cadaret for the replacement of an existing timber retaining wall with a stone wall in-place at 42 Pearl St. (DEP # 208-1277) Chris Anderson of Hannigan Engineering Inc. Represented the homeowner of 42 Pearl Street. CA presented the proposed plan for the new retaining wall. CA stated existing retaining wall consisted of old timber rail ties and holds off approximately 20 ft of land/yard leading up to the existing house. CA continued to explain the condition of the old timbers, extremely deteriorated and in need of replacement with interlocking hardscape blocks which would be longer lasting. Lastly, CA asked for commissions permission to waive the 30 ft buffer bylaw, and additionally stated that the DEP had put forth no additional comments in this matter. RT asked where the deteriorated rail ties will be disposed of after removal as well as what the location is for primary means of access. CA said the timbers will be taken off site and disposed of properly with the right protocol. RB/ML M/S to approve the project at 42 Pearl Street with a standard Order of Conditions. 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 hearing on an Abbreviated Notice of Resource Area Delineation by JMC/TBG Lunenburg II, ===PAGE 3=== LLC for 400 Leominster-Shirley Road. Chris Anderson to present plans and delineation of wetlands at 400 Leominster-Shirly Road. CA stated that both previous agents Matt Marro and Nadia Madden reviewed this property. BP said he also had conducted a site inspection previous to the hearing, as well noted that the wetland system is rather obvious. BP continues to state that with the satisfactory review from both MM and NM, it is good on his end. ML/MW M/S to approve project delineation by JMC/TBG Lunenburg II, LLC for 400 Leominster- Shirley Road with an ?accurate? Order of Resource Area Delineation. 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. (DEP # 208-1278) 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. (DEP # 208-1279) 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. (DEP # 208-1280) Matt Marro to represent the property owners for all three properties. This continuation was due to receiving DEP #’s as well as updating/revising the plans. MM stated that the existing retaining walls for the properties are to be replaced. MM also said that the top of the wall will be the same elevation level. Timbers from existing wall will be manually removed and disposed of properly. JV asked since the walls are at different distances from the water, will they be pushed closer? MM responded that there will be no change in height and length. MM said that if anything, the walls would go in further (towards the houses). JV stated that he believes that not all of the walls are timber, but concrete also. MM stated that he will have the plans editing so the lines representing the walls will include both timber and concrete. RB asked of construction timeline. MM responded saying that it will be done within this season as the lake is at draw down. MM also stated construction will stay behind the wall and not on lakeside. RB/MW M/S to approve the projects for Elaine Normandin at 47 Round Road, Rene Rainville at 57 Round Road and Marc Sprague at 73 Round Road with a standard order of conditions, with additional notes of a revised plan and construction schedule. Roll call vote, unanimous to approve NEW BUSINESS: BP is proposing grant application possibilities and goals for access paths/parking lots for Northwest Town Forest, Table Rock on Stagecoach Road, Hunting Hills, and other conservation lands. Topics not known 48 hours in advance of meeting OLD BUSINESS: Update on encroachment issues at: 104 Woodland Drive Budget Update BP presented the budget report. He said there is currently $21,061 in the Timber Rights Fund and ===PAGE 4=== an expected $6,000 from the Hawes harvest and expected $21,000 from the Rayno harvest, minus Gary Goldrups fees, will be coming in. BP said the balance on the Hollis Road revolving fund is at $60,000. Hollis Road Residence: ML stated that the floor of the shed has been finished. As well as the lawnmower has been repaired. ML also said there is some possible rubbish and old equipment to be removed on the property that has been present for a while. BP suggested to discuss with the tenant any removal of items off of the property. ML also continued to say the progress of the renovation of the house, and that the windows will be replaced along with sliding glass doors. ML said that he will get better budget numbers for when the kitchen renovation will start. Lastly, there will be an upcoming furnace cleaning in January. Certificates of Compliance: 57 Cross Road A retaining wall was proposed; though not installed. ML/RB M/S to approve a CoC for 57 Cross Road. Roll Call vote, unanimous to approve. 63 Cross Road No retaining wall proposed. RB asked how large the propane tank is? Chris Anderson responded with 50-100 Gallons, though can only see access cover. RB/ML M/S to approve a CoC for 63 Cross Road. Roll Call vote, unanimous to approve. ENFORCEMENT: Violations (Enforcement Actions and Hearings) EO 48 Oak Ridge: BP said he received a letter that there is a family illness and they requested more time. EO 54 Pine Grove EO 23 Cove Road: Was discussed at the beginning of the meeting. EO 336 Arbor St NON 205 Sunset, Beers lot AP will be following up with the rest of the EO list. Open Space and Land Use Howard Street Driveway BP spoke with Bill Barnard. BP reported that BB said a contractor would need to be hired. BP will be in contact with BOH and the Board of Selectman about funding for the driveway Timber Sales BP said Mr. King who is doing lumber harvesting behind the water district, has taken all of the trees out, and afterwards he will move on to the Rayno property. BP said he received a question from Bill Bernard if there was an area on Conservation land that he could run a chainsaw safety class, and cut down 13 of the trees. BP said the class will take place on the Rayo property. Conservation land improvements MW presented updates on repairing the bridge on the Cowdrey Conservation Area. MW said the Snowrider volunteers were able to complete the repair of the bridge as well as dispose of woody debris. Committee Reports – Any Update Communications /Public comment None. RB/ML M/S to adjourn meeting. Roll call vote, unanimous to adjourn. Adjourn 9:30pm Meeting schedule: Next meeting is December 21, 2022 at 7:00 PM by Zoom platform