===PAGE 1=== Town of Lunenburg Conservation Commission Bob Pease, Chair Tel: (978) 582-4146 Mary Wilson, Vice Chair 960 Massachusetts Ave. Richard Tremblay, Clerk Richard Bursch Lunenburg, MA 01462 Catie Childs Michael Larouche Anna Petrie Jeffrey Viviano Conservation Administrator Sam Welch, Associate Member February 1, 2023 7:00 PM Minutes ZOOM REMOTE Roll Call: MW, RT, RB, JV, ML Absent: BP, CC Call to Order at 7pm Announcements: Public Comment: Minutes of previous meetings – January 18th, 2023 RB/ML M/S to approve. Roll Call vote, unanimous to approve. Appointments/Hearings – 23 Cove Road Robert and Tracee Galloni were not present, will attend next meeting in regards to Enforcement Order. 168 West Street Extension Request Michael and Barbara Battle are present to represent themselves. BB states that the permit is set to expire this year in March and that MB had an injury which had to halt the project. BB explains the extent of the injury and that it required a long recovery time in which no work was done. BB asks for request to make up for time lost due to injury. BP asks if was issued in 2018 and was extended due to Covid? BB confirms. JV asks how long will the extension be for/requested? BB stated that they were originally requesting an extension of 1 ½ to 2 years. RB states that no regulation have changed therefore seeing no problem in issuing the 3 years that are allowed ===PAGE 2=== originally. RB/ML M/S to approve Order of Conditions Extension Request for house addition at 168 West Street for three years. 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 Matthew Proctor for retaining wall replacement at 189 Hemlock Drive (DEP #208-1282). Matthew Protector to represent himself. MP explains that the existing timber wall will be removed and replaced with a fieldstone wall, in which the existing wall will be pushed back away from the waterline. AP provides pictures from the site as well as site drawings. MW asks if any trees are going to be removed? MP responds that there is no intention of removing trees closer to the water line. MP states that there is one tree that is directly behind the retaining wall that could possibly be damaged or cause a problem. MP says that the tree might have to be removed if needed but the homeowners wish to save it if possible. MW states they she would like to see the tree replaced if it has to be removed. RB asks if the sketch depicts the existing wall being 15 feet from the water’s edge? RB also asks that the wall is 27 inches tall and 30 inches added which creates 57 inches above the grade below the front wall? MP Confirms. RB asks if the new wall will be the closest to the lake and will be approximately 48 inches? MP says that will be the targeted height. RB says typically wall replacements are wall for wall, and the only possible problem is if the T-wall was going to be any closer to the water line compared to the current face wall. MP states that it was not be any closer and do not plan on changing the grading outside the scope of work. RB asks about erosion control? MP would like partial beach access and have silt fence at the high-water mark as long as the lake stays drawn down. RB asks when work will begin? MP hopes to start this winter, and once permitted will have project completed in approximately 2 weeks. RT asks how the timbers will be disposed of? MP states that they will be disposed of properly at a dump site facility outside of town. RT asks if the one tree is to be removed, will it be replaced? ===PAGE 3=== MP confirms and will be open to suggestions for trees that are native. ML asks what the diameter of the tree is? MP is unsure. AP believes it could around 6 inches in diameter. ML asks to include the diameter of the tree; if the tree needs to come down and if under 12 inches 1 for 1 rule for replanting, and if over 2 for 1 rule. RB asks if the frost is set in the ground? MP says it hasn’t frozen due to conditions of this season and does not completely freeze. RB is concerned for equipment movement and rutting in the soil close to the water mark. RB also states another line of silt fence should be installed for if the water level rises. RB says moving forward, better documentation and plans should be submitted. JV asks for the current state of the water level at the lake? MP states lowered 18 inches, low enough for access. MW asks how far away the existing front wall is from the water? MP does not have exact number. MW asks if AP can retrieve measurements that was inquired. RB/JV M/S to approve with a standard Order of Conditions, special conditions being: Tie-in wall no closer to the waterfront, the stop work with equipment when soil rutting happens and repair ruts, erosion control with no erosion into lake, tree that is at risk to be replaced with native species for 1 for 1 if under 12 inches, 2 for 1 if over 12 inches, new wall will not exceed 48 inches in height, notify the Administrator when working below water line as well as erosion control in place. 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 Greenwood Sewer Service for the proposed replacement of a sewage disposal system at 113 Cove Road. Kevin Ritchie of Civil Solutions to represent. KR states that this system has been approved by the Board of Health. KR describes that all will be done outside of the 50-foot zone and septic tank will be 64 feet from the wetland. KR says no trees will be removed in this process and the erosion control will be placed appropriately. RB asks confirmation that no trees are going to be taken down? KR confirms, is more of a brush line and mostly grass will be disturbed. RB asks if this has Board of Health approval? KR confirms. RT asks if the grading is going to be changed? KR states overall there will be no grading changes, aside from a small portion to be filled so the tank is properly covered, no more than 6 inches. ===PAGE 4=== RB/RT M/S to issue negative determination for replacement of sewage disposal system for 113 Cove Road. 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 Request for Amended Order of Conditions by Paul Cadaret for the proposed repair and replacement of an additional retaining wall at 42 Pearl Street (DEP #208-1277) Chris Anderson of Hannigan Engineering to represent the homeowner. CA states that the request is to replace an existing shoreline wall which was found while starting the permitting work of the other walls; shoreline wall seems to be in disrepair. CA says the work would entail complete replacement of the existing wall and no filling of the shoreline. CA states that construction will be done behind the wall and upland. RB asks which walls are already permitted to be replaced? CA shows the plans where the upper walls closer to the house. RB asks if the walls are the ones located at the 30 ft? CA confirms. RB states that he deems the proposal a lot more work for an amendment rather an additional filing and another hearing. MW agrees and asks for a straw poll; all straw poll vote in agreement. CA asks if there are any concerns from the commission that could be addressed before the new filing and submission goes smoothly. RT expresses concern about the new height of the wall, the dock, and making sure work is done in draw-down. RB has no concerns other than making sure the wall location, height, and type are all the same upon replacement. RB states that there is also a concern making sure there is enough of a water draw-down. ML asks if there will be a new DEP # and if this will be done in good timing? CA states there will be a new DEP # issued and close out previous #. RB/ML M/S to decline Amended Order of Conditions for 42 Pearl Street DEP #208-1277. Roll Call vote, unanimous to approve. CONTINUED PUBLIC HEARINGS NEW BUSINESS: Topics not known 48 hours in advance of meeting Authorization of beaver site assessment: MW stated that this topic is more for BP, so it will be continued to the next meeting for discussion. OLD BUSINESS: Update on encroachment issues at: N/A ===PAGE 5=== Grant Updates: MW confirms that grant proposals were submitted and hopefully to hear back by June. Budget Update No Updates. Hollis Road Residence: ML stated the tenant requested for the bedroom carpets to be replaced. ML says that the room will be measured and quoted for new carpeting on February 4th. ML also said the tenant requested to have the carpeting in the rest of the house to be shampooed. ML is also getting a quote on this. Administrative Determination: N/A Extension Request Permits: 168 West Street (DEP #208-1145) MW moved this task to the beginning of the meeting. Certificates of Compliance: N/A Notice of Project Change: 1325 Mass Ave AP notifies the commission that the office has been receiving notification that changes have been made to the stormwater plan in regards to this permit, and plan on submitting minor changes and possibly an Amended Order of Conditions filing. ENFORCEMENT: Violations (Enforcement Actions and Hearings) EO 48 Oak Ridge: Still submitting (abutters notification and list required) EO 54 Pine Grove: Still submitting EO 23 Cove Road: Will be updating enforcement order EO 336 Arbor St: No longer active; forgot to remove from Agenda NON 205 Sunset, Beers lot: AP met with property owners the morning of 2/1 and discussed project moving forward. Dillis & Roy will be improving plans and meet with property owners 2/3. Open Space and Land Use Howard Street Driveway Timber Sales Conservation land improvements Committee Reports – Any Update None. Communications /Public comment None. RB/JV M/S to adjourn meeting. Roll call vote, unanimous to adjourn. Adjourn 8:29 pm Meeting schedule: Next meeting is February 15, 2023 at 7:00 PM by Zoom platform