Town of Lunenburg Conservation Commission Mary Wilson, Chair Tel: (978)582-4146 Jennifer Pewtherer, Vice Chair 960 Massachusetts Ave Michael Larouche, Clerk Lunenburg, MA 01462 Richard Bursch Sophia Dorow Jeffrey Viviano Conservation Administration Chris St. Germain Vacancy Conservation Assistant August 21, 2024, 7:00PM, ZOOM REMOTE Minutes Roll Call: Jenny P., Rich B., Mike L., Chris S., Mary W. and Sophie Dorow (Admin.) Absent: Jeff V. Call to Order at 7pm by Mary W. Announcements- Mary noted that there is a vacancy and anyone interested in joining the Commission should contact her. Chris pointed out that the website indicates that Jenny’s term ends June 2024, instead of June 2027. Sophia will contact Kara to make that change. Public Comment- Carolyn Palo (42 Meadow Lane) said that she contacted Sophia about a violation that has been going on for several years. Mary replied that they will address it later under Violations. Minutes of previous meetings –8/7/24 Motion: Rich B., Second: Jenny P To approve the minutes of 8/7/24. Roll Call Vote: Chris-aye, Jenny-aye, Mike-aye, Rich B., and Mary-aye. Continuances – Sophia reported that she had confirmation that 390 Howard wanted to continue to 9/4. 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 of Applicability by Justin Repucci for the proposal of a driveway replacement with grading along with a sewer connection to town sewer line which is located within the buffer zone of bordering vegetated wetlands and intermittent stream at 1147 Mass Ave. – Justin Repucci and Bob Proctor (99 Pleasant St.)-Sophia screen-shared a site drawing. Bob Proctor noted that the driveway is lower than Mass. Ave. and there is a 4.5’ berm to the left of the driveway. A drainage ditch comes through the property from the football fields and school property. Currently water comes into the swale and has no where to go so Justin ends up with water in his basement. The plan is to remove the asphalt from the driveway, remove the garage and man-doors, block it and add fill to the top of the berm. Bob estimated the straw waddles will be 25’ -30’ from the wetlands and the driveway is 50’ to 60’ from the wetlands. Sophia and Jenny shared site photos of flooding in the driveway near the house. Rich asked how much fill will come in and Bob stated roughly 100 yards. The asphalt will be removed and disposed of off-site. There will be 2’ of common fill, 1’-1.5’ of bank run gravel and 6” of regrinds on top. Rich suggested adding a hedgerow 5’ -6’ from the edge of the slope to prevent snow being pushed over the edge. Bob replied that there is thick vegetation currently right to the berm. Mary asked to have the top of the berm vegetated and have the drawing updated with dimensions from the wetlands and the limit of work. Motion: Chris S., Second: Rich B. To continue 1147 Mass. Ave. to 9/4/24. Roll Call Vote: Jenny-aye, Chris-aye, Mike-aye, Rich-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 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 (Continued from August 7th to August 21st). Wayne Gariepy (32 Courtland Circle and Trustee) – Mary stated that they were looking for the Maintenance Plan and an updated drawing. Brian Marchetti (McCarty Engineering) noted that he sent Sophia the as-built plan with the wetlands lines and area of work. He screen-shared the site plan and stated that they will grub out the sediment to return to the original as-built level and contractor will take it back to their yard to mix into general fill. Brian added that the Maintenance agreement was part of the Order of Conditions and this is a task to be done on a regular basis, which Wayne agreed will be done. Motion: Rich B., Second: Mike L. To approve 0 Courtland Circle as submitted. Roll Call Vote: Chris-aye, Jenny-aye, Mike-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 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. (Continued from August 7th to August 21st.)– Greg Roy (Dillis & Roy) and Ken Dow (PJ Keating)- Greg screen-shared the site plan for the addition to the pump house for the new well. He noted that they filed for an exemption under the Mass Endangered Species Act. The construction of the pump house was exempt but not the construction of the well. They filed a project review checklist with NHESP (Natural Heritage & Endangered Species Program) and received a response that the work would not result in a No Take of state listed rare species. Greg also updated the site plan with the location of the material storage area. Motion: Chris S., Second: Mike L. To approve the RDA for 495 Leominster-Shirley Road. Roll Call Vote: Mike-aye, Chris-aye, Jenny-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 June 5th to August 21st.) - no one present. Motion: Rich B., Second: Chris S. To continue 171 Arbor Street to later in the meeting. Roll Call Vote: Rich-aye, Mike-aye, Chris-aye, and Mary-aye. (Jenny not able to vote on this.) ------- Administrative Determinations: --37 Fire Road 19 – Sophia stated this was a retroactive Administrative Determination for work on trees encroaching on power lines. The work has been done and she recommends approval retroactively. Motion: Chris S., Second: Mike L. To approve the Administrative Determination for 37 Fire Road 19. Roll Call Vote: Jenny-aye, Chris-aye, Mike-aye, Rich-aye and Mary-aye. Certificates of Compliance: --1325 Mass Ave. – Sophia noted this was a basin for stormwater mitigation and everything is established in the buffer zone. There was some erosion starting in one area but that is included in the long term maintenance plan. She would approve. Motion: Rich B., Second: Jenny P. To approve the Certificate of Compliance for 1325 Mass Ave. Roll Call Vote: Chris-aye, Jenny-aye, Mike-aye, Rich-aye and Mary-aye. --171 Arbor St. – Rich talked to Brian Marchetti who requested a continuance to 9/18/24. Motion: Rich B., Second: Chris S. To continue 171 Arbor St. to 9/18/24. Roll Call Vote: Jenny-aye, Chris-aye, Mike-aye, Rich-aye and Mary-aye. --5 Round Road – Sophia recommended approval. Motion: Mike L., Second: Jenny P. To approve the Certificate of Compliance for 5 Round Road. Roll Call Vote: Chris-aye, Jenny-aye, Mike-aye, Rich-aye and Mary-aye. --141 Hemlock Drive - Sophia recommended approval. Motion: Chris S., Second: Rich B., To approve the Certificate of Compliance for 141 Hemlock Drive. Roll Call Vote: Jenny-aye, Chris-aye, Mike-aye, Rich-aye and Mary-aye. Notice of Project Change: --137 Flynn Road – Greg Roy (Dillis & Roy) –stated the contractor requested modifying the plantings and locations. The prior plan was for 6 Dogwoods and 6 White Birches, but they are now proposing to do all flowering dogwoods, with slight changes to location. In addition, Brian Ricci (owner) asked to remove an 18” thick pine that had been struck by lightning and split. The new plantings will go in so to cause the least amount of disturbance. Motion: Jenny P., Second: Mike L., To approve the Notice of Project Change for 137 Flynn Road. Roll Call Vote: Chris-aye, Rich-aye, Mike-aye, Jenny-aye and Mary-aye. --32 Pine Grove Road (not 34 Pine Grove Rd.) – Greg Roy (Dillis & Roy) screen-shared the updated site plan proposing to straighten the wall, remove 3 dead oaks, relocate the hot tub to the side of the property and plantings for mitigation. Native shrubs will be planted behind the hot tub and there are 2 other dead trees to be removed. Sophia noted that the updated wall has been done already and the bluestone patio will increase in square footage. The plan does not have a list of proposed shrubs. Mary stated she has a concern when proposing plantings for loss of habitat outside of the 50’ buffer—compromising a protected area for a non-protected area. Motion: Chris S., Second: Rich B., To approve the Notice of Project Change for 32 Pine Grove Road. Roll Call Vote: Mike-aye, Jenny-aye, Rich-aye, Chris-aye and Mary-aye. ENFORCEMENTS: Violations (Enforcement Actions and Hearings) --34+48 Meadow Lane – Carolyn Palo (42 Meadow Lane – her father’s home) stated that they were concerned about a shelter that was placed in wetlands at 34 Meadow Lane in 2011 and mowing also done in the wetlands. It was originally an adverse possession case that was resolved with a fence. The neighbor invited the other neighbors to dump yard waste into the wetlands to create a foundation for the shelter. The building permit was for #34 Meadow Lane but on #48’s land. The building inspector at that time said that #34 had permission from #48 to build it. Jan Carrier (Conservation at that time) signed off on it but Carolyn did not think she realized the shelter was in the wetlands- not on #34 Meadow Lane. Mary screen-shared an aerial view from Mass Mapper, showing the properties and the shelter. (Carolyn lost signal at this time.) --40 Fire Road 12 – Sophie reported that she met with Town Counsel, who said the options are to send the applicants an Enforcement letter, have the applicants file for an extension or file a new NOI. He left it up to the Commission to decide if they wanted Sophia to issue the Enforcement order. Sophia noted that prior letters sent had no outcome and the current OOC expired mid-July, so she advised the Commission to issue the Enforcement order. Motion: Jenny P., Second: Mike L To issue an Enforcement Order to 40 Fire Road 12. Roll Call Vote: Chris-aye, Jenny-aye, Mike-aye, Rich-aye and Mary-aye. -- 34+48 Meadow Lane (continued) – Carolyn Palo screen-shared aerial photos of the properties, pointing out the shed (the shelter), area mowed and a tree stand. Sophia said she has not done a site visit and currently only has permission from Carolyn to visit but will contact the neighbors for a visit. Mary noted that it looks like they are mowing in the wetlands and she cautioned Carolyn that they only have jurisdiction on the wetlands. Carolyn replied that she is concerned that they filled in the wetlands to build the shed. Mary said that they are limited on taking action on past events but can act on things happening now. She asked Sophia to validate whether there is an actual wetlands violation. NEW BUSINESS: Topics unknown 48 hours in advance of meeting- OLD BUSINESS: Title Searches – no update. Encroachment Issues: no updates Open Space and Land Use: -- Grants Update (LCC sponsored, award year 2023) – Mary noted that Bob Pease is still volunteering in this area. He let her know that the Select Board approved the ARPA funds to provide the $15,450.55 matching funds for the Mass Trails Grant. They were able to award the horizontal engineering to Dillis & Roy who provided a proposal within budget of the original grant as proposed to Mass Trails. The 4 projects cost is $63,045, with Mass Trails funding 80% and the ARPA funds covering 20%. Motion: Mike L., Second: Jenny P. To approve the award of this business to Dillis & Roy. Roll Call Vote: Chris-aye, Jenny-aye, Mike-aye, Rich-aye and Mary-aye. Hollis Road Residence Updates – Mike reported that mowing is continuing as planned and the property looks good. He urged all to visit the Habitat. They are still looking for some good used cabinets to upgrade the kitchen. Committee Reports – no updates. Public Comment: Carolyn Palo stated that she is building a smaller version of the pollinator habitat and asked if she can get seeds from the Habitat. Mike suggested talking to Virginia at the Habitat. Jenny also suggested looking into seed events held by Worcester Native Plant Initiative. Motion: Chris S., Second: Jenny P. To adjourn at 8:41pm. Roll Call Vote- Rich-aye, Mike-aye, Chris-aye, Jenny-aye and Mary-aye. Respectfully submitted, Jane Ranley Minutes Clerk