===PAGE 1=== Town of Lunenburg Conservation Commission Mary Wilson, Chair Tel: (978)582-4146 Bob Pease, Vice Chair 960 Massachusetts Ave Jennifer Pewtherer Lunenburg, MA 01462 Richard Bursch Sophia Dorow Jeffrey Viviano Conservation Administration Michael Larouche Stephanie Dondero Chris St. Germain Conservation Assistant May 15, 2024, 7:00PM, ZOOM REMOTE Minutes Roll Call: Jenny P., Rich B., Jeff V ., Chris S., Mary W. and Sophie Dorow (Admin.) Absent: Mike L. and Bob P. Call to Order at 7pm by Mary W. Announcements- Mary asked to limit public comment to 3 minutes and meeting limit will be 10 pm. Public Comment- Doug Watters (80 Horizon Island Rd) – brought up a concern about bike trails added to the Lane Property. He talked to the trail creator that indicated they wished to add trails in the Little Town Forest and Cowdrey. Doug also pointed out that in the Hickory Woods, there is a trail for bikes, etc. and a trail just for walkers. Mary noted that trail work has to be done with permission from Conservation. Minutes of previous meetings – 5/1/24 Motion: Chris S., Second: Jenny P. To approve the minutes for 5/1/24. Roll Call Vote- Jeff-aye, Jenny-aye, Rich-aye, Chris-aye and Mary-aye. Requests for Continuance- 171 Arbor St.- John Plifka (McCarty Engineering) asked to continue 171 Arbor St. to 6/19/24. Motion: Rich B., Second: Chris S. To continue 171 Arbor Street to 6/19/24. Roll Call Vote- Jeff-aye, Jenny-aye, Rich B-aye, Chris-aye, and Mary-aye. 390 Howard Street- Matt Marro asked to continue 390 Howard St. to 6/19/24. Motion: Rich B., Second: Chris S. To continue 390 Howard Street to 6/19/24. Roll Call Vote- Jeff-aye, Jenny-aye, Rich B-aye, Chris-aye, and Mary-aye. 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 behalf of Colameta Corporation Notice of Intent for the project proposal of construction of a duplex with appurtenances within the 100-foot buffer zone of a forested wetland bordering on a intermittent stream at 1207 Mass Ave. Matt Marro noted the project is a duplex with no work in the 50’ buffer. There are 2 old compromised white oaks that will be removed and a few other trees outside of the 50’ buffer. They will be putting a row of arborvitae shrubs along the left property line. The DEP file is # 208-1235 and the only comment was an extra $50 for filing fee. Sophie asked to have the removed trees and plantings added to the plan. Also extend erosion protection where planting. Motion: Rich B., Second: Jeff V . To approve this project with a Standard Order of Conditions and make sure they receive a plan annotating that the limit of work is at the erosion protection, the erosion protection is survey ===PAGE 2=== located in place prior to treeing, the 2 white oaks are marked on the plan and the hedge going in within the 100’ is marked on the plan as well. Roll Call Vote- Chris-aye, Rich-aye, Jenny-aye, Jeff-aye and Mary-aye. 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 for Harbor Classic Homes, LLC. The project proposal is for construction of a single-family home, all work is within the buffer zone and is exclusively related to 97 Cross Street, Lot 5. John Plifka (McCarty Engineering) screen-shared the site plan and noted the project was issued an OOC in 2020 but had expired. At last meeting, a COC was issued to close it out. The only work in the buffer will be the driveway and the rain garden will be in the 30’. Sophie did a site visit but did not see any flagging. John noted that the erosion protection is old and will need to be fixed in places. Sophie asked for a detail for the seasonal highwater and John replied they will do that prior to construction. They will use NRCS soil survey data and dig test pits. He added that the NHESP was put on file with no further action required. The DEP file # 208-1195 was issued 10/17/20. Rich stated that the wetland delineation would not have changed. Motion: Jeff V ., Second: Chris S. To have a Standard Order of Conditions with the limit of work to be the erosion control, with NOI issued when the office receives correspondence from NHESP. Roll Call Vote- Jenny-aye, Rich B-aye, Jeff-aye, Chris-aye, and Mary-aye. 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 for the reconstruction of an existing rock revetment and landscape changes on the shore of Hickory Hills Lake at 154 Peninsula Drive. Ryan Proctor (Dillis & Roy) noted that most of the property is within the 50’ buffer. The project is to replace brick walkways with pavers or fieldstones, remove a brick walkway and re-landscape with native plants, and reconstruct an existing deck with composite decking with spacing. They will also reconstruct an existing revetment along 125’ of shoreline and create a dry stack vertical retaining wall, with erosion protection on top of the wall and poly barrier in the water. Ryan read a summary of the Wildlife Habitat Evaluation done by Dan Wells (LEC Environmental). They have also submitted to Hickory Hills Lake Association, which had 3 conditions: they receive a copy of the OOC from Conservation, they do not move the property line and work is done during the drawdown. The DEP file # 208-1323 and DEP also requested work during the drawdown. There will be 2 12” maples removed from the deck and 4 new trees planted, with location to be determined by landscaper. Rich asked to be recused. Jeff suggested putting restrictions on lake levels during the project, with the contractor reporting weekly. Motion: Chris S., Second: Jenny P. To approve the NOI, with conditions the plantings are done with natives, the planting plan is submitted prior to work and to make sure work is not done while lake levels have bounced up. Roll Call Vote: Chris-aye, Jeff-aye, Jenny-aye and Mary-aye. (Rich recused) 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 for Timothy K. Gendron the Revocable Trust, the project proposal is for construction of a residence duplex, associated driveway and drainage features. The location is within the edges of Bordering Vegetated Wetland and buffer of intermittent stream at Lot 2 Cross Road Parcel #99-11. Chris Anderson (Hannigan Engineering) screen-shared the site plan for a duplex structure with shared driveway, bordering vegetated wetland. The project is within the 100’ buffer but outside of the 50’. The limit of work will be up to the 30’ no-touch zone, with silt fencing and straw wattle erosion protection. They will connect to Town Sewer and have private wells. Chris stated they do not have a DEP file number yet and the DEP had questions about Stormwater, as well as flood plain. He noted that Lake Whalom has a berm to prevent flood water from the lake. He added that the applicant will ===PAGE 3=== be submitting for another single family house near there and in the future, a duplex on Pine Grove. Chris confirmed that all trees will be cut within the limit of work. Sophie asked if the foundation drains could be moved closer to the 50’ but Chris replied they are perforated pipes that will be buried. She also was concerned about clearing on the right of property that was not deemed necessary and water being discharged so close to the 30’ no-touch zone. The Commission discussed the delineation flagging on the property and that the parcel appears very wet. Chris will contact Chuck Caron (Caron Environmental) who did the flagging in February for a walk-through with Sophie and Commissioners. Motion: Rich B., Second: Chris S. To continue Lot 2 Cross Road to 6/5/24. Roll Call Vote- Jenny-aye, Jeff-aye, Rich B-aye, Chris-aye, and Mary-aye. Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing for a Request for Determination for P .J. Keating Company, the project proposal is for replacement and maintenance work connected to the existing pump house. The location is within 100 feet of bordering vegetated wetland and Priority Habitat # 1738 related to 495 Leominster- Shirley Road. Jacob Bremer, Cody Delaney and Rob Pagani (P.J. Keating Co.) Jacob screen-shared the site plan, stating they want to excavate and pour a 12’x18’x6” slab, which they will add a wood shed on top of. This will be in front of the existing pump house, which is being replaced. The area is in 100’ of bordering vegetative wetland and Priority Habitat #1738. He noted that the replacement has been approved by Mass DEP. Mary asked if it is a public well and Cody replied it is private well used for their crushing operation. Rich asked for clarification of the building in relation to wetlands and why they are doing frost foundations. Rob replied that they have 2 wells that do not work currently and they are filing for a new well. Cody added the well will be cored to 3’ deep. The Commission discussed the application and asked the applicants to come back with a new drawing detailing the wetlands, structures and access road. Sophie asked if NHESP was contacted regarding the Priority Habitat but the applicants did not know. Mary added that they would need to see approval from NHESP also. Motion: Rich B., Second: Jenny P. To continue 495 Leominster-Shirley Rd to 6/5/24. Roll Call Vote- Jeff-aye, Jenny-aye, Rich B-aye, Chris-aye, and Mary-aye. 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 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 #208-1320). (Continued from 5/1- 5/15)-John Plifka (McCarty Engineering) stated they are requesting approval of $1,500 for Goddard Engineering to do the wetland delineation. Motion: Rich B., Second: Chris S., To accept the quote from Goddard for $1,500 for the per review for Wetlands only. Roll Call Vote-Jeff-aye, Rich-aye, Chris-aye, and Mary-aye. (Jenny unable to vote) Motion: Rich B., Second: Chris S. To continue 255 Sunny Hill Road to 6/5/24. Roll Call Vote- Jeff-aye, Jenny-aye, Rich-aye, Chris-aye, and Mary-aye. Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearin g on a Request for Determination of Applicability by Jan Willem for laying of a naturalized stone steps and crushed stone path within the Buffer zone of a wetland at 141 Hemlock Drive (continued from 4/3 to 5/15)- Jim van Ess, the applicant, noted that Sophie and Jenny did site visits. Sophie stated that the previous owner took down trees and that 5 trees were also removed- 2 of which were diseased. ===PAGE 4=== She pointed out that the applicant has planted 13 pine saplings already, which look healthy. The Commission discussed the original OOC for the construction of the house. Jeff noted the original NOI gave approval for 8 steps and a walkway to the water. Jim stated that he wants to lay large bluestones for steps on crushed rocks in the 30’ no -disturb zone, towards the water to 5’ from the high -water mark. Rich found that on 10/6/21 a 3-year extension was approved, so the OOC is still active. He added that Jim needs to complete the work prior to October and call the office for a site visit. Mary asked for a vote to clear the prior violation for trees removed without permission. Motion: Jeff V ., Second: Jenny P. To close out the violation at 141 Hemlock Dr. Roll Call Vote- Chris-aye, Rich-aye, Jenny-aye, Jeff-aye and Mary-aye. Administrative Determinations: 91 & 99 Lancaster Ave. – Sophie asked to continue. Certificates of Compliance: ---255 Prospect St. – Sophie stated that she is waiting for the grass to be established. ---190 Electric Ave. –Sophie recommended to issue the COC. Motion: Chris S., Second: Jeff V . To issue the Certificate of Compliance for 190 Electric Ave. Roll Call Vote- Jenny-aye, Jeff-aye, Rich B-aye, Chris-aye, and Mary-aye. ENFORCEMENT: Violations (Enforcement Actions and Hearings) ---141 Hemlock – already cleared. ---10 Mass Ave- Sophie had no response yet. ---205 Sunset (Beers lot)- no update ---40 Fire Road 12 – a letter has been sent by the Town Attorney in regard to the expiring NOI. Scott Benjamin (40 Fire Road 12) stated that he did not receive any letters. Mary noted that the NOI was to remove pavement encroaching on town property. Scott stated that he and his neighbor have not heard anything from the town on the NOI and knew nothing about the expiration but would need an extension. Mary confirmed that Thomas Wu (44 Fire Rd. 12) and Scott Benjamin (40 Fire Rd. 12) were the applicants on the NOI, which expires on 7/19/24. The original Cease & Desist was dated 10/2020. Sophie will contact the Town Attorney to let him know he needs to contact 2 persons. ---Lane Property Bike Trails – table to another meeting. NEW BUSINESS: Topics unknown 48 hours in advance of meeting- none Beaver Deceiver at Cowdrey – Bob is looking into this. Flat Hill property- Chris talked to Bob about the properties that are for sale off Flat Hill Rd. and wants to talk to them. Mary noted that Bob has been talking to the town about those properties. Update if any on encroachment issues at: ---315 Lancaster Ave.- Sophie stated that she was told the shed was removed. OLD BUSINESS: Open Space and Land Use: no updates Grants and Conservation Improvement Updates – none Committee Reports – no updates. Hollis Road Residence Updates – Sophie reported the brown dry mustard for irradicating jumping worms had arrived and Mary will contact the Pollinator Habitat. Motion: Chris S., Second: Jenny P. To adjourn at 9:51pm. Roll Call Vote- Jeff-aye, Jenny-aye, Rich-aye, Chris-aye, and Mary-aye. ===PAGE 5=== Respectfully submitted, Jane Ranley Minutes Clerk