===PAGE 1=== Town of Lunenburg Conservation Commission Mary Wilson, Chair Tel: (978)582-4146 Bob Pease, Vice Chair Richard Tremblay, Clerk 960 Massachusetts Ave Richard Bursch Lunenburg, MA 01462 Jeffrey Viviano Ashleigh Denio Michael Larouche Conservation Assistant Chris St. Germain December 6, 2023, 7:00PM, ZOOM REMOTE Minutes Roll Call: Bob P., Jeff V ., Mike L., Chris S., Mary W., and Sophie Darow (Administrator) Absent: Richard B. Call to Order at 7pm Announcements Public Comment – Bob P. noted he was not present at the end of the last meeting when Rich Tremblay said he was resigning from the Commission. Bob stated this is a tremendous loss for Lunenburg and Rich did an amazing job. He wished he was there to thank Rich – he was a great commissioner. Bob also noted they were discussing trees at the last meeting. He and Mary have different interpretations of the rules regarding trees in the buffer zone. Bob apologized for inferring that Mary was making up her own rules and wanted to say he has the utmost respect for Mary and her integrity. Mary replied she also has utmost respect for Bob’s long experience and volunteerism at the Commission, as well as on the trails. She encouraged anyone with different interpretations to voice their opinions, as that is the strength of the Commission. She thanked Bob for his words tonight. Minutes of previous meetings – October 18, 2023, November 1, 2023, and November 15, 2023 Motion: Bob P., Second: Chris S. To approve the minutes of October 18, 2023. Roll Call Vote was unanimous to approve. Motion: Bob P., Second: Chris S. To approve the minutes of November 1, 2023. Roll Call Vote was unanimous to approve. Bob P. asked to hold the minutes for November 15th to the next meeting, so he can proofread them. Mary thanked Jane for her work on the backlog of minutes. Appointments/Hearings-Update on Town Beach- Mary received an email from Anna Lockwood, chair of the Parks Commission, who asked to move their appointment to the 12/20 meeting. 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 Request for Determination by Sandra Perko for the addition of a deck at 64 Spring Street Ext.- Sandra Perko stated she submitted her request on her own and Bryanna came out to do a site visit. Bryanna recommended using this form because there was already a wall on the shoreline and added post holes near the house did not require the Notice of Intent form. Mary shared Sandra’s drawing of her proposed deck. Sandra said the outer edge of the deck would be about 35’ from the lake. Mary read Bryanna’s findings and stated the site area is currently lawn, no trees will be cut, no bank disturbance to the lake and straw wattles will be used for erosion control. A condition of the RDA ===PAGE 2=== would be the current administrator would visit the pre-construction site to inspect erosion controls before any work begins. Mary screen-shared Bryanna’s site photos and noted she visited the site with Chris. Bob asked what she would put under the deck and Sandra replied nothing but will put down stones if it turns to mud. She also confirmed that there will be gaps for water to go through. Motion: Bob P., Second: Jeff V . For a negative determination for a standard order of conditions. Roll Call Vote was unanimous to approve. Sandra confirmed that she will need to put down the erosion barrier and will not start work until the Administrator visits. 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 Kevin O’Brien at 390 Howard Street. (DEP 208-1304)- Bob reported Matt Marro emailed saying they are asking for a continuance, while they pick a 3rd party reviewer. He said the price for the first 2 reviewers was a little high and they want to contact the second reviewer. They also want to see if they can take out looking for vernal pools and work on the price. Matt Marro stated the applicant, Kevin O’Brien, said he could do a site visit anytime this next week and Bob asked Matt if the Building Official could also be present, since there is some stormwater violations and Matt said it would be possible. Bob, Mary, Jeff, and Chris are interested in going. Motion: Bob P., Second: Jeff V . To continue to 12/20/23. Roll Call Vote was 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 Dan Proctor for a replacement septic system at 85 Chase Road. (DEP 208-1312)- Ryan Proctor (Dillis & Roy)- screen-shared the updated site plan and noted the hearing was continued until they received a DEP number, which they now have. The DEP comments were that they needed the property owner to sign the WPA form, which he did via DocuSign. The other comment asked who had flagged the wetlands and he replied the Conservation office had identified them. They have also updated the plan to indicate the silt fence requested by the Commission. Mary noted the wetlands shown on the drawing were consistent with what she observed on her site walk. Motion: Chris S., Second: Mike L To approve the NOI with Standard Order of Conditions. Roll Call Vote was 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 John Sheehan and Jennifer Pewtherer for a replacement wooden deck with patio at 10 Sunset Avenue. (DEP 208-1313)- Ryan Proctor (Dillis & Roy)- screen-shared the updated site plan and noted the project will replace 2 deteriorating retaining walls, one of which is along the shoreline. They are proposing to replace the tiered wooden deck between the walls with a masonry stone patio of the same size. An open joint flagstone level area with recessed stairs will be added to the upper retaining wall area. There will also be some drainage improvements along the northern property line. Ryan noted the Commission had requested a letter of support from the northern abutter, Mr. Rabon, which they submitted on Monday. The second item requested was to add a turbidity curtain in the water to trap sediment along the shoreline, which Ryan has added to the site plan. He noted they received a DEP number and they did not have any comments. Mary stated they had asked for silt fence to be added to the straw wattles and Ryan replied they had discussed that but it was not necessary because the line is perpendicular to the grade lines. Mary agreed and asked about removal of sediment from the lake after construction. Ryan replied that the Turbidity Curtain Detail notes they allow the soil ===PAGE 3=== particles to settle 12-24 hours prior to removal and it will be removed by hand prior to removal of the curtain. Motion: Bob P., Second: Mike L To approve the NOI with Standard Order of Conditions. Roll Call Vote was 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 Stefan McSweeny for the construction of a single family home and associated site work at 255 Sunny Hill Road. (DEP 208-XXXX) Stefan McSweeney asked for a continuance until they can sort out having the DEP issue a file number. He asked to continue to the next meeting but will advise if they need longer. Motion: Chris S., Second: Jeff V . To continue 255 Sunny Hill Road to 12/20/23. Roll Call Vote was 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 Steve Powell for the construction of a single family home and associated site work at 171 Arbor Street. (DEP 208-1308)- Mary stated the engineering firm emailed that they were looking to continue. She talked to Mia McDonald who is their circuit rider at DEP about the property. She recommended they do not close the hearing until they get a letter from NHESP and the Commission should consider adopting the conditions on the NHESP approval into their OOC as well. Motion: Bob P., Second: Chris S. To continue 171 Arbor Street to 12/20/23. Roll Call Vote was 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 Determination by Timric Realty Trust for construction of a single family home and septic tank at 20 Kilburn St-Lot 1.- Ryan Proctor (Dillis & Roy) stated that Greg Roy sent a letter today to request a continuance to 12/20 for Lots 1, 2 and 3 until they can address the DEP comments. Motion: Bob P., Second: Chris S. To continue 20 Kilburn St-Lot 1 to 12/20/23. Roll Call Vote was 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 Timric Realty Trust for construction of a single family home and septic tank at 20 Kilburn St-Lot 2. (DEP 208-XXXX)- Motion: Jeff V ., Second: Chris S. To continue 20 Kilburn St-Lot 2 to 12/20/23. Roll Call Vote was 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 Timric Realty Trust for construction of a single family home and septic tank at 20 Kilburn St-Lot 3. (DEP 208-XXXX)- Motion: Jeff V ., Second: Chris S. To continue 20 Kilburn St-Lot 3 to 12/20/23. Roll Call Vote was unanimous to approve. Notice of Project Change: 406 Sunset Ln -Mary stated the masonry contractor had requested a field change. Ryan Proctor (Dillis & Roy) screen-shared the site plan and noted the project was permitted at the end of 2022. They came back to the Commission in the summer for a walk-out to the proposed house addition with mitigated plantings on either side. They are now asking to install some recessed granite steps into the approved retaining wall, with the steps leading into the property, so nothing will be any closer than previously approved. They will leave the lower limit of the erosion control and will route the upper erosion control around the new limit ===PAGE 4=== of work to prevent soil erosion for the upgradient work. Bob asked what the square footage would be for the steps and since they will be granite, which are impervious, is there a way to make the steps pervious. Nancy Malady (homeowner) said the previous railroad ties were impervious. Brett Ramsden noted that currently the steps are a metal pool ladder attached to railroad ties, which someone would need to pull themselves up onto to get out of water. The idea is to install granite steps to make it easier to climb out of the water, which would be safer and last longer. Ryan noted the area is about 42 sq. feet. Jeff V . visited the site and noted the lake has been drawn done about 3-4’, with erosion control in place. He added that Brett has started the wall and he supports adding the steps. Motion: Bob P., Second: Jeff V . To approve the field change as proposed. Roll Call Vote was unanimous to approve. Order of Conditions: 932 Flat Hill Rd- Mary noted the participants were not present and Sophie will need to follow up with the engineer as well as the resident. She noted they drove by the parcel earlier today. Certificates of Compliance: 31 Cushing Ln – Mary asked if Sophie was familiar with this and she replied not yet. Bob stated that Bryanna looked into it and sent an email on 11/19 with the Certificate of Completion (COC), which she was sending into the DEP. Mary noted it is now closed. 176 Elmwood Rd- No one was present regarding this parcel and Mary asked Sophie to look into it. 81 Maple Parkway- No one was present regarding this parcel and Mary asked Sophie to look into it. ENFORCEMENT: Violations (Enforcement Actions and Hearings) 711 Mass Ave- Sophie reported she did a site visit on 12/ 4 with Anne and Brian. They noticed a little portion of the silt fencing was not installed properly although the rest was done correctly and there was visual disturbance in the 30’ no-disturb buffer zone from a large piece of equipment. Ruts were visible but the actual plan did not show any plans to encroach in that area, which is a violation. There was a lack of wetland flagging or she could not locate some of them. The silt fencing was deviated from the original plan where the traffic entrance was moved. Sophie issued a cease and desist, noting the erosion controls were not in the ground and the wetlands needed to be clearly marked. She wants the applicant to address these issues and submit updated plans showing the deviations from the original plan. Sophie screen- shared photos of the parcel, showing vegetation slashed and removed in the 30’ buffer. She also found a blue flag on the ground and noted a dump truck in an entrance going to another parcel which was not the entrance indicated on the plan filed with the Commission. Matt Nowlan (property owner) said they can fix the silt fence. In regard to the 30’ no-touch, Matt stated it was very difficult to clear the trees on the parcel and they entered the 30’ zone to clear out a couple of dead trees. They have shut down the back entrance and are using the front entrance as indicated on the site plan. Matt noted that a skidder went in to take the dead trees out. Chris said he could not make a decision either way because he did not know what it looked like before. Bob said he did a site walk a couple years ago when it was first approved and it was pretty overgrown, but he does not see any need to go into the no-disturb zone., where all the vegetation was flattened. Since a wetland flag was found in the middle of the no-disturb, Bob said it sounds like they went into the bordering vegetation area and the resource area. Sophie screen-shared the site plan and indicated the area where the wetland flags were missing. She also pointed out where the truck tracks occurred. Mary stated they are looking for a restoration plan but Matt said he disagreed they were in the resource area. He agreed they had gone into the 30’ no-touch and would replace vegetation. Sophie confirmed that the truck tracks were in the resource area. Jeff suggested Matt could geo-locate the wetland flags and the Commission would then do another site walk. Matt said he would ask the engineer to GPS locate the wetland flags and do a replication plan. Mary asked Matt to contact Sophie when the ===PAGE 5=== flags are put in, so she can notify the Commission for a site walk. Matt agreed to do so asap. Jeff asked if the cease and desist order would stay in place and Sophie replied that she issued a cease and desist order – not an enforcement order. It will be in place until they do the site walk and get a restoration plan in writing. Then they can talk about lifting the cease and desist. Matt asked what he needs to do before he can resume work. Mary replied correct improperly installed silt fence, make sure the silt fence is aligned with the approved plan, restoration plan for the disturbance within the 30’, and replacement of the wetland flags. Matt will hand deliver the restoration plan to Sophie. Mary said they will reconvene at the next meeting after Matt has made all the corrections, which Sophie will confirm. 780 Northfield Road – Mary noted this is Jim Lattanzi’s Christmas tree farm and a hearing was planned for when a new administrator was hired. Bob said Jim had not been notified to attend a meeting. He noted that they were going to issue Jim a friendly enforcement order to replace the culvert and replicate some wetlands, based on a recommendation from Mia McDonald (DEP). Bob added Jim is more than willing to do this but he suggested Jim wait until they have issued the enforcement order. He suggested Sophie invite Jim to the 12/20 meeting and she agreed. 390 Howard St- Bob noted this is Mr. O’Brien’s property and neighbors sent pictures of water flowing out to the road containing silt, but that area is not wetlands. Mary stated a neighbor complained about silt going into his pond and he was going to get permission to walk the stream through other properties. Bob said they have not heard back from him but asked Sophie to follow up. NON 205 Sunset (Beers lot)- Mary reported they have an active application they are working on. 143 Island Rd – was closed 11/15/23. 10 Mass Ave- Bob stated Leah had told them to file an RDA and to put up straw wattles, for erosion control but to his inowledge, the owner had not either one. He asked Sophie to follow up. 39 Island Road- has active Orders of Conditions. 1168 Mass Ave Rear – Mary noted there have been complaints of removal of trees in wetland area and paving a gravel road adjacent to a perennial stream. She asked Sophie to look into this. 1118 Mass Ave- Mary stated they had issued an administrative determination and permitted him to take down trees, with replacements. Mary asked Sophie to look at it to confirm the replacements are done. NEW BUSINESS: Topics unknown 48 hours in advance of meeting Potential Educational Ads for Residents – Mary reported Bob had updated the flyer and she needs to get a QR code to link to the website. Bob noted their website page has been reorganized without their input. The trail maps are missing, as well as other state and bylaw information. They will reorganize the webpage prior to adding the QR code. Posting of Bylaws Brochures in Town Offices – Mary stated there are bulletin boards in the Town Hall and Ritter Building without information on wetlands. Bob also suggested posting at the Eagle house too. Sophie will print information to post. Hollis Road Lease Adjustments- Bob said they have had the same tenant since the lease was signed in 2013. It expired in 2018 and the tenant is now month to month, so the Commission is able to raise the rent or terminate at any time. The tenant is currently paying $810/month--well below market rates and Bob has been told they could charge as much as $2,000/month. The tenant pays a reduced rate because they are expected to do so many hours of work on that property or other conservation properties each month. Two years ago, the Commission asked the tenant to document their hours but they have not received any reports. The Commission also asked the town attorney to send the tenant a letter to request the work documentation but has still not received a response. Bob suggested talking to the town attorney about options, which he will present to the full board. Chris asked for background information on the property. Bob stated that the Hawes family wanted to donate the land to the Lunenburg Conservation Commission ===PAGE 6=== but there was an existing residential house. They wanted the house to be maintained as a residence, so Bob believes for the first several years, a Conservation employee lived there for free. Later Jim Lattanzi moved in at a below market lease and did a lot of repairs on the house, which was in pretty bad shape. The rent money goes into a revolving fund for improvements on the residence or the surrounding Conservation land, including the Pollinator Habitat. When Jim moved out, it was rented to Ken Jones’ brother and his spouse, but they got divorced, so it is now just the spouse and her 2 daughters living there. Mary asked Bob to go to town counsel for options and he will. Jeff suggested advising the tenant and he asked Sophie to notify them. Select Board Annual Report- Mary stated the Select Board notified all the Boards and Commission had to give a report at the 11/28 meeting. She only saw the email recently but did up a report with Bob’s template, to list all the volunteers’ work at the Conservation properties and the Pollinator Habitat. She also noted the big project done by the Lunenburg Snow Riders and also the challenges caused by staffing issues in the office. Mary will post it to the Drive for everyone’s feedback. WPA Riverfront Dialog – Mary said she and Bob have been talking about protection for trees and wildlife afforded by the state and town bylaws. She added that Richard Bursch donated memberships to gain access to the MACC Handbook. Mary sent the Commissioners excerpts from the Wetland Protection Act Riverfront section to start a dialog on what is the right thing to do. She also sent excerpts from the Lunenburg Bylaw and the Wetlands Protection Regulations. Chris said he read them and they will be helpful in future hearings. Mike agreed and Mary suggested having a wetland scientist or other experts come to a meeting as an ongoing learning process. Jeff suggested having a workshop instead to not add time to a meeting. Mike noted that he just attended a great event by Doug Tallamy on his book “The Nature of Oaks”. He said it showed how great a role trees play in our environment-whether wetland or not and the oak is the keystone of all trees. Mike added he would like the Commission to advocate for a balance and there are a lot of viewpoints on cutting down trees indiscriminately. Bob stated they have held workshops in the past, especially when they revised regulations, holding some on the 5th Wednesday of some months. He said the regulations should be clearif replacement trees are required and there should be criteria listed for not allowing the cutting of trees 90’ from the resource area. Bob pointed out the wetlands bylaw talks about wetlands as resource areas and the regulations define the buffer zone as a resource area. That would mean they would not allow anyone to do anything in a buffer zone without a Notice of Intent. When they make a decision, there should be a clear connection between what they are asking the applicant to do and protecting the environment. Mary added they should be looking to the regulations to tell them what to do. Bob said the workshops were for the Commission to focus discussion on a topic and they could bring in an expert. Jeff suggested looking at what they have done in the past and it may not be fair to have a new interpretation on new applications. Chris cautioned there could be some danger if the bylaws are too restrictive or they leave too much open to interpretation. Bob said making changes to the regulations requires 2 public, televised hearings which will bring in a lot of public interest. He said their decisions and reasoning need to be informed by the regulations. Commissioner Opening- Mary noted they are looking for a new Commissioner to fill Rich Tremblay’s vacant seat. Rich had forwarded a contact who was interested and Mary talked to him, but he withdrew his interest because he could not meet on Wednesdays. She encouraged Commissioners to talk to residents that would be a good addition to the Commission. Bob suggested inviting those with talent bank forms to attend a meeting to find out if they are really interested. OLD BUSINESS: Update on Timber Rights Fund- no updates. Bob called Gary Goldrup but he never got a call back. He noted that they contract with Gary, who is a forester, to devise forest cutting plans. The Commission approves the plans and Gary sends them out for foresters to bid on. He gets a percentage of the timber sales and makes sure the cutting plan goes as approved. ===PAGE 7=== Kelly Estate Funds for Title Search (formal vote) – Bob stated they had not taken a formal vote to use funds for title searches at the property off Page St and the swamp in the middle of the Cowdrey property. Heather (Town Manager) said she would see to it that a purchase order was generated for $1,000 for title searches and they could add to it if needed. Motion: Bob P., Second: Chris S. To approve using Kelly Estate Funds for Title Searches. Roll Call Vote was unanimous for approval. Montachusett Regional Planning Commission- Trail Vision Plans – no update Public Awareness – already discussed. MACC memberships and MACC Handbook access– Mary noted Rich B. got the handbooks but she thought you needed a membership to access it. Bob said he talked to Ashleigh who was told by Steve in Accounting that a check was generated for MACC. Ashleigh will follow up with Steve. Bob added they need to see what is left in that account for Commissioners to attend training. Mary noted she was unable to log into MACC but could use the access code to get into the Handbook. Bob added Ashleigh needs find out where they stand with MACC. Staffing Update – Mary welcomed Sophie Darow who started 11/28 as the new Administrator. She was previously Conservation and Planning agent in Gardner. Application Instructions/Guidelines Staff Access to Munis Accounts Update if any on encroachment issues at:. 950 Chase Road Bob said he will contact Heather for an update on this litigation. 315 Lancaster Ave. Administrative Determination: 70 Horizon Island Rd- Bob stated this is Rich Parson’s 3 trees, for which he needs to file an RDA. Bob asked Sophie to contact Rich regarding filing the RDA. Extension Request Permits: Emergency Certification: Open Space and Land Use: Grants Update (LCC sponsored, award year 2023) – Mary needs to follow up with Heather regarding signing the grant contracts. Grants Update (LSR sponsored, award year 2022)- Mary reported they had a huge turnout on 11/18 and had a lot of business sponsorship. There were 17 volunteers and lot of compact tractors to move the gravel in the Lane parking area to stabilize the trail near the bridge. They also used the staged soil to patch the eroded areas coming off of the parking area and filled in ruts at the trail access near the Holman Bridge. Mary said some vendors gave them donation receipts for their gear and professional operators. She needs to figure out the match for the gravel. Lunenburg National Honor Society –had 23 volunteers come to the Lane Property last weekend to spend 5 hours cutting Oriental Bittersweet and Multi-flora rose. They dug out roots along the yellow trail and made a big dent in the bittersweet at the red trail near Mulpus Brook. The DPW gave them heavy duty construction bags to bag up the invasives which Mary will be burning in her firepit over the winter. Timber Sales Conservation Land Improvements NCLT Site Walk & CR Review- Hawes – Mike reported that he met with Emily Marleno to walk the Hollis Road property, so she could see the debris they had removed. Emily was glad to see it had been taken away. They also hiked to where the timber was cut down and removed. Emily will send a report to Sophie. Mike asked Emily about expanding the shed on the property for storage and she will look into it. Hollis Road Residence: Update – Tenant monthly reports ===PAGE 8=== Update – Maintenance Work- Mike talked to Chris Ruth (Facilities) who reported the Painting and Trim is complete and Nick got paid. He believes the ACME carpet business was also paid. Mike suggested having the heating system serviced again. He asked if he should get Chris involved or contact Cam’s Heating directly. Bob suggested contacting Chris and Mary said she can add it to the next agenda. Mike said he would talk to Chris, but he wanted to have the service scheduled as soon as possible. Motion: Bob P., Second: Mary W. To allow Mike to reach out to the servicing contractor. Roll Call Vote was unanimous for approval. Mike also said he is looking into Habitat for Humanities to see if they can find some used, but serviceable cabinets to replace the cabinets in that house and he possibly has someone to install them. Committee Reports – Any Update Communications 493 Mass Ave Mosquito Control Notification – Mary was notified they will be doing some treatment at 493 Mass Ave. Bob said he thinks they are digging out mosquito ditches. Public Comment: none Motion: Chris S., Second: Mike L. To Adjourn at 9:58pm. Roll Call Vote was unanimous for approval. Meeting schedule: Next meeting is December 20, 2023, at 7:00 PM by Zoom platform Respectively submitted, Jane L. Ranley Minutes Clerk