===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 June 5, 2024, 7:00PM, ZOOM REMOTE Minutes Roll Call: Jenny P., Rich B., Chris S., Mike L., Mary W. and Sophie Dorow (Admin.) Absent: Jeff V. and Bob P. Call to Order at 7pm by Mary W. Announcements and Public Comment- none Minutes of previous meetings – none Requests for Continuance: Sophie noted 3 requests. 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 DEP #208 -1326 (Continued from May 15 th to June 5 th ). Motion: Rich B., Second: Chris S. To continue Lot 2 Cross Road to 7/3/24. Roll Call V ote- Jenny-aye, Chris-aye, Rich B-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 Stefan McSweeny for the construction of a single family home and associated site work at 255 Sunny Hill Road (DEP #208-1320). (Continued from 5/15-July 3rd.) Motion: Rich B., Second: Chris S. To continue 255 Sunny Hill Road to 7/3/24. Roll Call V ote- Jenny-aye, Chris -aye, Rich-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 Steve Powell for the construction of a single family and associated site work at 171 Arbor Street (DEP # 208 -1308 ). (Continued from May 15 th to July 3 rd.) Motion: Rich B., Second: Chris S. To continue 171 Arbor Street to 7/3/24. Roll Call V ote- Jenny-aye, Chris-aye, Rich B-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 Ken & Tracy Stiles, Request for Determination of Applicability, the project proposal is for 6 ft tall chain link fence within the buffer zone of riverfront area of 41 Country Rd. – Applicants Ken & Stacy present. Sophie screen -shared the site plan showing the location of the fence, on top of the hillside. Ken shared a photo of the yard and noted that the fence would ===PAGE 2=== be on the upper lawn area. It is black chain link and will be to contain their dogs. Sophie noted that the fence would be outside of the 30’ buffer and there is still an open OOC, but the lawn is now established. Motion: Rich B., Second: Jenny P. To approve 41 Country Rd. with a negative determination . Roll Call V ote: Chris-aye, Jenny -aye, Rich-aye and Mary -aye. (Mike L. joined the meeting.) 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 Trustees of: Village at Flat Hills, Request for Determination of Applicability for the project proposal for Parcel number 84 -001, detention pond maintenance for the area of 0 Courtland Circle . – Sophie noted that she was unable to get a hold of anyone. Chris will talk to the group ’s president. Motion: Rich B., Second: Chris S. To continue Parcel # 84 -001 to later in the meeting. Roll Call V ote- Rich B-aye, Chris-aye, Jenny-aye, Mike-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 behalf of FWP Realty Partners on behalf of Kevin Hill Landings Development, LLC for a Notice of Intent for a residential subdivision within the 100 ft. wetland buffer zone with paved driveways and a bio-retention basin for the area of 791 Mass Ave.- Jonathan Collette (Haley & Ward)- screen-shared the site plan for the old Stone Farm store site. There will be 3 lots with duplexes having shared driveways. Each will have a bio -retention basin , access municipal water and sewer and will be outside of the 50’ buffer. Sophie stated she did 3 site visits but could only locate a few flags from Matt Marro’s delineation on 9/17/22. Matt noted that the area is heavily vegetated now and he can have Haley Ward reflag it, after making some pathways. Jonathan noted that the limit of work will have silt fencing and straw wattles for erosion protection. Mike asked if any trees would be removed and Jonathan said he would get an estimate of those removed only within the limit of work. Mary noted they would be outside of the 100’ buffer. Jonathan added that the fieldstone walls on Lot 2 would be taken out, as well as the broken pavement. Public Comment: William Beaushene (48 Riley Rd), John Romano and Debbie Cameron, representing Stone Farm Estates – asked where Lot 3 would interact with Riley Road and Jonathan replied the lot line for Lot 3 is 15 -20’ off of Riley Road. Motion: Rich B., Second: Chris S. To continue 791 Mass Ave. to 7/3/24. Roll Call V ote- Jenny-aye, Rich B-aye, Mike-aye, Chris-aye, and Mary-aye. CONTINUED PUBLIC HEARING S 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. – Greg Roy (Dillis & Roy) – shared a Google Earth image of the site with the existing well and pump house. He stated he was contacted to do a site plan per the Commission’s requests and they sent a wetland’s specialist to delineate the wetlands. They identified 7 flags (A1-A7) and noted there is a large bordering vegetated wetland between Lake Shirley, the train tracks and the well site. An erosion barrier has been constructed along the brush line and no vegetation will be taken down. The proposed addition will be outside of the 50’, except for 6’ area for tying into the existing building and will be built in a previously disturbed area. Greg added that they filed for an exemption with the NHESP. Sophie stated that she has not visited the site but they have provided the needed details. Greg noted their well is about 1,000’ from the town well. Rich asked that construction materials and gravel not be stored within 100’ of ===PAGE 3=== the wetland or that a temporary stockpile be done with erosion control. Mary stated that they have to wait for NHESP approval prior to voting. The Commissioners discussed the proposal. Motion: Rich B., Second: Chris S. To continue 495 Leominster-Shirley Road to 7/3/24. Roll Call V ote- Mike-aye, Jenny-aye, Chris -aye, Rich-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 an Abbreviated Notice of Resource Area Delineation by Kevin O’Brien at 390 Howard Street (DEP # 208 -1304) (Cont . from May 15 th to June 5 th) – no one present. Motion: Rich B., Second: Mike L. To continue 390 Howard Street to 7/3/24. Roll Call V ote- Mike-aye, Jenny -aye, Chris -aye, Rich-aye, and Mary-aye. 0 Courtland Circle – Parcel 84-001 – no representative present still. Motion: Rich B., Second: Mike L. To continue 0 Courtland Circle, Parcel 84 -001 to 7/3/24. Roll Call V ote- Mike-aye, Jenny -aye, Chris -aye, Rich-aye, and Mary-aye. ------- Administrative Determinations: 91 Lancaster Ave. – Sophie reported there are 2 unhealthy trees on the stream bank and she agrees with removing them , with the 5’ stumps remaining. Certificates of Compliance : ---667 Reservoir Rd. –Sophie request ed they issue the COC because the work is complete. Motion: Mike L., Second: Chris S. To approve the Certificate of Compliance for 667 Reservoir Rd . Roll Call V ote: Rich-aye, Chris -aye, Jenny -aye, Mike-aye and Mary -aye. ---290 New West Townsend Rd.- Sophie asked to approve since the site is stable. Motion: Rich B., Second: Mike L. To approve the Certificate of Compliance for 290 New West Townsend Rd. Roll Call V ote: Chris-aye, Jenny -aye, Mike-aye, Rich-aye, and Mary-aye. ---255 Prospect St. – Sophie stated the grass has grown in and to approve the COC. Motion: Chris S., Second: Rich B. To issue the Certificate of Compliance for 255 Prospect St. Roll Call V ote- Mike-aye, Jenny-aye, Chris-aye, Rich-aye, and Mary-aye. Notice of Project Change: ---30 Johnson St. – Sophie noted that the deck is larger than the one approved. Paula V alente (30 Johnson St.) stated the original proposal was for a 10’ x 40’ deck but would like to make it 10’ X 50’ to accommodate the 4 sliders on the house. Greg Roy (Dillis & Roy) screen -shared the original plan and noted the deck is still only 10’ wide. Motion: Rich B., Second: Chris S. To accept the change as a field change to the current Order of Conditions for 30 Johnson St. Roll Call V ote: Jenny-aye, Rich -aye, Chris-aye, Mike-aye, and Mary-aye. ENFORCEMENT: Violations (Enforcement Actions and Hearings) ---40 Fire Road 12 – Sophie stated the Town Attorney sent a reminder letter and a copy was shared with the Commissioners. The Attorney needed to confirm that the applicants were aware and he initiated the 3rd letter to both of them. After the deadline in late July, there will be daily fines. ---205 Sunset (Beers lot) - Sophie noted that she was advised to issue a violation notice. NEW BUSINESS: ===PAGE 4=== Topics unknown 48 hours in advance of meeting- Sophie reported that Hickory Hills Association has retracted their request and will work with a different schedule after the 7/3 meeting. Commission Decision Backlog Status- Mary asked Sophie to send a list of the 23 in backlog and to have Stephanie work on updating the log. Sophie noted that she had more issues with SharePoint and IT . Commissioner Re-appointments FY25 – Mike and Jenny said they are willing to do re -appointments. Mary will write a formal letter to the Select Board to recommend their re -appointments. Commissioner Officer Nominations FY25 – Mary announced that she will resign as Chair at the end of June and Bob is willing to become Chair. Mary added that she would assume Vice-Chair if no one else is volunteering. Rich stated that Mary has done a commendable job as Chair and also that Sophie has done a tremendous job in the office. The Commission discussed the Clerk office and Rich noted that the Clerk would chair the meeting if the Chair and Vice -Chair were not available. Also the Clerk oversees the minutes and filing. Mary added that she will chair the next meeting which is July 3 rd. Dillis & Roy – 1083 Northfield Rd. – Greg Roy, representing the potential buyer, screen-shared the site plan for the proposed 5 lots on 30 acres. All lots have frontage on Northfield Rd . which is cut off by wetlands and would require wetland crossings to access the lots. The wetlands have been delineated and the site plan notes the wetland areas to be filled. The prospective buyer is proposing an alternative single road with a cul-de-sac to lessen the wetland disturbance. They will need a waiver for the maximum dead end road length from the Planning Board. They will need to re plicate the wetland disturbance, control stormwater with culverts and meet other requirements. Rich noted that replication is 2:1 in Lunenburg. Greg noted that the cul-de-sac would be outside of the 50’ and would follow the disturbance made previously by the logging operation. Beaver Deceiver at Cowdrey – Mary stated that Bob is working with Beaver Management Associates and has to modify the quote. Bob obtained a grant from the MSPCA for $2,100 and would need authorization of $250 for Beaver Management. Motion: Rich B., Second: Jenny P. To authorize $250 from the Timber Rights Fund to Beaver Solutions. Roll Call V ote: Mike-aye, Chris -aye, Jenny-aye, Rich -aye, and Mary -aye. FY23 Purchase Orders - Mary noted that Bob asked for votes for new Purchase Orders as follows: Motion: Rich B., Second: Mike L. To Maki for $1,000 for building supplies to replace the currently extended FY23 Purchase Order from the Timber Rights Fund for improvements on Conservation Land. Roll Call V ote: Chris-aye, Jenny -aye, Mike-aye, Rich -aye, and Mary -aye. Motion: Chris S., Second: Rich B. For $500 from the Timber Rights Fund to ExpressMyself.com (Smart Sign) for continued work on the “Y ou are here” signs to replace the currently unexpended Purchase Order created in FY23. Roll Call V ote: Mike-aye, Jenny -aye, Chris-aye, Rich -aye, and Mary -aye. OLD BUSINESS: Encroachment Issues: no updates Open Space and Land Use: LCC Sponsored Grant for 2023 – Mary noted that they do not need to send it out for competitive bid. Bob is working with a consultant for drawings and site work for the parking areas at Table Rock (Reino property) and to improve road access to the Harold Harley Viewing area. Hollis Road Residence Updates – Mike reported that the mower has a bent shaft and a crack so it is not worth fixing. They had a donation of a mower from a resident but it is also not working. A neighbor and Mark Bursch (Lake View Landscaping) volunteered to mow the paths. The Commission discussed options and opted to wait for better donations. If none, they may need to look to fund a used mower. Mike noted that the tenant provides the labor to mow around the house but they need to provide the mower. He ===PAGE 5=== also talked to Bill Bernard (DPW) who said they have very specific mowing contracts so he is unable to add Hollis Road to one. Mary noted that Bob has been looking at raising the rent to market rate and if so, they may be able to pay someone to mow. They can wait until July to vote on this. Mike also reported that Nick Morrison has completed all the painting on the house. Committee Reports – no updates. Motion: Rich B., Second: Chris S. To adjourn at 9:38pm. Roll Call V ote- Mike-aye, Jenny -aye, Chris-aye, Rich-aye, and Mary-aye. Respectfully submitted, Jane Ranley Minutes Clerk