===PAGE 1=== Town of Lunenburg Conservation Commission   Mary Wilson, Chair Tel: (978)582-4146 Bob Pease, Vice Chair Richard Tremblay, Clerk 960 Massachusetts Ave R i c h a r d B u r s c h Lunenburg, MA 01462 J e f f r e y V i v i a n o Ashleigh Denio Michael Larouche Conservation Assistant Chris St. Germain   January 3, 2024, 7:00PM, Zoom Remote Minutes Roll Call: Jeff V ., Mike L., Chris S., Mary W. and Sophie Darow, Administrator Absent: Bob P. and Rich B. Call to Order at 7pm Announcements & Public Comment- none Minutes of previous meetings – none reviewed and minutes of 12/20 to be reviewed next meeting. Appointments/Hearings- 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 Raymond & Gloria Clouthier for the replacement of a single family dwelling and associated structures at 37 Pearl Street (DEP 208-1315) - Ryan Proctor (Dillis & Roy), representing the owners, screen-shared the locus map to indicate the location of the property. He stated that Pearl Street is a dead end street on a peninsula on Lake Shirley. The property currently consists of a cottage, detached garage, detached shed and a screened in gazebo near the lake. The existing cottage lies entirely within the 100’ wetland buffer zone and has a well under the drain manhole in the existing driveway. It is also served by a private sewage disposal septic system which lies within the 50’ wetland offset, with potentially a portion within 30’ no-touch zone. Ryan stated the owners are proposing to demo the cottage and garage. They will construct a new single family house with an attached garage and new driveway, with access on Pearl St. They will continue to use the existing well but replace the septic system with a new geo-mat pressure system with a treatment tank, which will be entirely outside of the 50’ wetland offset. The new house will be further away from Lake Shirley, with a significant decrease in the impervious area of the buffer zone, as indicated in his impervious area summary table- decreasing that area from 2,591 sq. ft to 1,284 sq. ft. There will be no trees removed from within the buffer zone and 2 trees removed about 150 ft from the lake. Other than landscape beds, they are not proposing any vegetation removal from the site. Erosion control of straw wattles and silt fence will be placed around the limit of work and on each property line. Ryan noted they appeared before the Board of Health, which granted their special approvals for local upgrades. Also last week, the ZBA granted their special permit for demolition of the existing cottage and construction of the new house on the property. Ryan added that they have a file number from the DEP and there were no comments associated with it. Mary W. noted that Ryan’s plan hit all the points and she appreciated the addition of the silt fencing, with the straw wattles. She asked Ryan about the existing gazabo, which he replied will remain in place. Mary said when they did the site walk, the Commissioners questioned whether the gazabo was permitted to be in place and asked Ryan when it was permitted. Ryan replied he did not know ===PAGE 2=== and the owners purchased it in March 2023. Mary noted the earlier plan indicated the gazebo would be removed and Ryan replied it was changed on the revised plan sent this morning. Ray Clouthier stated the property has been in the family for 13 years and they inherited it 3.5 years ago from the owner who passed away. He had been before the Conservation Commission a couple of years ago regarding the gazebo. They allowed him to install a non-permanent screen room, which is used for storage of lawn furniture now. The Commission told him to flatten the land and take down the retaining wall, which he did. Jeff stated that a couple years ago, the Commissioners were on a site walk in that area and Matt Marro noticed some stonework being done at 37 Pearl St. He added that the property owners were installing a stone walkway and a patio where the gazebo now sits. Jeff believes they had to remove the stones and prior to that there was not a gazebo there. Motion: Jeff V ., Second: Mike L. To approve 37 Pearl St. with the Standard Order of Conditions. Roll Call Vote was 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 Kevin O’Brien at 390 Howard Street. (DEP 208-1304) (Continued from 12/20/23 to 1/17/24). 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) – Mary stated that no one was present to speak and their engineering firm said they had a lot of questions they were working on for the DEP. She proposed it be continued to 1/17/24. Motion: Chris S., Second: Jeff V . To continue 255 Sunny Hill Road hearing to 1/17/24. 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) (Continued from 12/20/23 to 1/17/24). – No representative was present and Mary asked for a vote to continue to 1/17/24. Motion: Chris S., Second: Mike L. To continue 171 Arbor Street to 1/17/24. 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 (Continued from 12/20/23 to 1/17/24). Greg Roy (Dillis & Roy), representing the applicant, stated that they probably could have gone through with their Request for Determination of Applicability on this but they are waiting for comments from the DEP on the other 2 lots, so they thought it best to wait until they could address them all together. Therefore, he asked for a continuance. Mary thought the DEP had told her that they wanted the RDA to be handled at the same time as the 2 NOI, because there was some interdependency. Greg agreed that the DEP said that but he did not agree, but he is choosing not to argue. Motion: Chris S., Second: Mike L To continue 20 Kilburn St-Lot 1 to 1/17/24. 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 ===PAGE 3=== single family home and septic tank at 20 Kilburn St-Lot 2. (DEP 208-XXXX) (Continued from 12/20/23 to 1/17/24). Applicant requested a continuance. Motion: Chris S., Second: Mike L To continue 20 Kilburn St-Lot 2 to 1/17/24. 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) (Continued from 12/20/23 to 1/17/24). Applicant requested a continuance. Motion: Rich B., Second: Chris S. To continue 20 Kilburn St-Lot 3 to 1/3/24. Roll Call Vote was unanimous to approve. NEW BUSINESS: Topics unknown 48 hours in advance of meeting 73 Horizon Island Road – Greg Roy (Dillis & Roy) screen-shared an aerial view of the property owned by Mr. & Mrs. Levesque. They are working with architect Ron Albert, as well as Dillis & Roy for engineering permitting and consulting. They are proposing an addition at the site, which is near the causeway on Horizon Island Road. Greg suggested to the property owners that it would be prudent to informally discuss the proposed project with the Conservation Commission before proceeding. He noted that they have not done any surveying work yet but have taken public information and assessor’s map to determine the 30’ no touch line and 50’ no build line from the Hickory Hills Lake. Greg indicated the property lines and the existing dwelling which appears to be outside the 30’ zone but is partially in the 50’ no build. It is a very tight lot and in addition to Conservation requirements, they also have underlying zoning requirements, which will require at least a special permit from the ZBA. He noted that the area under the proposed addition is previously approved yard area and is not impervious. The proposed addition would be built within the 50’ no-structure zone which would require a waiver from regulations. They would propose keeping it out of the 30’ no-structure zone and keep it no closer than the existing building. Greg said he is looking from feedback from the Commission. Chris asked about the foundation and Greg replied he believes a full foundation but is not certain. Mary said she does not think they can allow it because the property already comes encumbered with a lot of incursions in the 30’ no-touch, which were grandfathered. Jeff agreed with Mary and said the lot is just too small to really add any structure to unless they did a tear-down to build up. Mike L. agreed that this would open the floodgates to more construction in places where they have said no in the past. Chris said it is a tough spot to be adding to. Greg said he appreciated their feedback and candor. OLD BUSINESS: Update on Timber Rights Fund – no update yet. Update on Title Searches – Bob has been working on this. MACC Memberships – Mary reported that the memberships are all turned on and everyone needs to either do a password reset or new member log on. She was able to look at all the offered classes and encouraged Chris to look at the training webinars. Staff Access to Munis Accounts- Sophie stated they are ok because Ashleigh now has permissions to access and Mary will take it off the agenda. Update if any on encroachment issues at: 950 Chase Road- Shed Removal – Mary reported Bob is working with Town Counsel on this. 315 Lancaster Ave.- Mary told Sophie to keep this on her low-priority list for summer. ===PAGE 4=== Administrative Determination: Extension Request Permits: Notice of Project Change: Certificates of Compliance: 176 Elmwood Rd - site walk – on Sophie’s backlog. 81 Maple Pkway – site walk – Sophie reported she did a site visit today and uploaded photos. Mary stated that the administrator usually pulls the original Order of Conditions and during the site visit, will check to see if everything required was done, including seeding and establishment of plants. Sophie stated that she noticed a small 6” plastic pipe going through the silt fencing and straw, with water coming out. She noted the grass came in very well but there was one spot where the silt fencing failed, with a lot of sediment buckling the silt fence. She is not sure how long it has been like that but there must have been a time when it wasn’t maintained. Other than that, everything is re-vegetated from what she could see. Sophie said she did not think the silt was near the wetland delineation line. Mary suggested doing another site visit and was concerned that the silt would move with the next rainstorm. Sophie screen-shared the photo of the failed silt fencing and noted she did not see any wetland flags in that area. She also shared the picture of the pipe and Mary noted the pipe was not there last year when she visited. Mary suggested that the silt needs to be stabilized with seeding or something so it is not moving. Chris asked if the project is nearing completion and Mary replied yes-that is why they are asking for a Certificate of Compliance. He asked when the silt fencing would come down and Mary replied they can do so after they get their Certificate of Compliance. Mary added that they just need to pass that one area. Jeff was concerned about what the pipe was for and if the house was for but Mary and Sophie did not know. Mike said it should be explained why the pipe is there and that they can’t give the Certificate tonight. Mary asked Sophie to contact the residents to tell them they have to seed that area and fix the silt fence until the soil is seeded. Also, since the pipe is not on the plan, the Commission needs to know what the pipe is doing and what they will be doing with the pipe long term. ENFORCEMENT: Violations (Enforcement Actions and Hearings) 780 Northfield Road- Mary noted this is the tree farm. The owner wanted permission to resurface and use an access on to Northfield Rd from the farm. In order to do this, he needed to replace an existing culvert. An abutter was concerned about that replacement and had reached out to DEP, who said it would be a friendly enforcement. The owner was asked to put in a larger culvert, which he agreed to and Sophie will need to ask him to attend a meeting to discuss the culvert. NON 205 Sunset (Beers lot) 10 Mass Ave – Site Visit for Wattles – no update yet. 1168 Mass Ave Rear Emergency Certification: Open Space and Land Use: Grants Update (LCC Sponsored, award year 2023)- Mary reported she has sent the required grant initiation paperwork and Heather has sent the signed contract to the state. They are just waiting for word from the grant administrator that they are working on the signed award letter. Grants Update (LSR Sponsored, award year 2022) – Mary reported the group will be going out to do small trail improvement and taking out some stumps with a stump grinder on the loop trail. The plan is to go on 1/7 but will reschedule if there is a snowstorm. The Snow Riders are volunteering their time for the work and the grant will be used to purchase an ATV for winter grooming, along with trail improvement in the off-season. ===PAGE 5=== Timber Sales Conservation Land Improvements – no update. NCLT Site Walk & CR Review – Hawes- already discussed. Hollis Road Residence: Lease Agreements & Tenant Responsibilities - Property Maintenance – Mike reported that he talked to Chris Ruth about the leak mentioned by Corinne Jones, who said it leaked during driving rains. Chris sent Nick Morrison who did the flashing on the chimney and they think the water may be coming in through the cricket which is just above the chimney. They suggested putting a temporary patch on the cricket to see if it solves the issue of water coming in. If it does, they will do a more permanent repair on that part of the roof. Jeff said the temporary patch would be ice & water shield. If the temporary fix works, Mike suggested putting it on the agenda next year to get some numbers on a permanent repair. Committee Reports – Any Update – Mary noted that the Select Board will be interviewing the 2 candidates for the open Commission position. She has talked to both people who are viable candidates and would be a good addition to the mix. Communications/Public Comment: none Motion: Chris S., Second: Mike L. To Adjourn at 8:21pm. Roll Call Vote was unanimous to approve. Respectfully submitted, Jane Ranley Minutes Clerk