===PAGE 1=== Mary Wilson, Chair Jennifer Pewtherer, Vice Chair Richard Bursch Jeffrey Viviano Michael Larouche Chris St. Germain -V acancy- Tel: (978) 582-4146 960 Massachusetts Ave Lunenburg, MA 01462 Sophie Dorow Conservation Administrator Maddison Berthet Conservation Assistant Town of Lunenburg Conservation Commission November 6th, 2024, 7:00PM, ZOOM REMOTE Minutes Roll Call: Jenny P., Chris S., Mike L., Mary W., and Sophie D. (Admin) Call to Order at 7pm by Mary W. Announcements & Public Comment – Bruce Ringwall requests a field change to relocate a garage project at 586 Reservoir Road. He expresses frustration with delays in response from the conservation office. Mary directs Bruce to reapply for a Request for Determination (RDA) to formally resolve the matter at a future meeting. Continuation Requests: N/A ------- APPOINTMENTS/HEARINGS 7:00 pm appointment: Tom Anelons has obtained funding to purchase a “SnoDog” trail groomer and is seeking permission to groom single track trails on conservation lands for winter recreation like cross-country skiing and fat-tire biking. The SnoDog is a motorized vehicle that would be used on trails that are closed to snowmobiles. The machine is quiet. It would be operated by trained volunteers. Motion: Jenny P., Second: Mike L. To approve the use of the SnoDog trail groomer on trails closed to motorized vehicles. This approval will be maintained until land use regulations are updated to allow the SnoDog. Roll Call Vote: Mike-aye, Chris-aye, Jenny-aye, and Mary-aye. No New Public Hearings ------- 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 D & A Lunenburg, LLC for construction of a stormwater management system within the 50- and 100-foot buffer zone, but outside of the 30-foot buffer zone of a Bordering Vegetated Wetland located at Electric Avenue and Pierce Avenue (Assessor’ s Map 113, Parcel 18, Lot 2) (DEP file# 208-1332, OpenGov.com Record ID# NOI-24-3). (Continued from October 16th to November 6th). The applicant is not present. Motion: Jenny P., Second: Jeff V . To continue to December 4th. Roll Call Vote: Mike-aye, Jeff-aye, Chris-aye, Jenny-aye, and Mary-aye. ===PAGE 2=== 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 Christopher Coffin for removal of a deteriorating pressure-treated railroad tie wall with replacement by continuing an existing Graves Recon wall in its place on the shore of Lake Shirley located at 701 Reservoir Road (DEP file # 208-1330, OpenGov.com Record ID# NOI-24-2). (Continued from October 16th to November 6th). Christopher Coffin is present. Sophia screen-shares the plan for the wall. Sophia is unsure whether the applicant has submitted the newest plan to DEP, but Chris states that he has uploaded everything. There are comments on the DEP file, but Chris states that their comments have been addressed, and all details have been uploaded. Motion: Jenny P., Second: Mike L. To approve the project. Roll Call Vote: Mike-aye, Chris-aye, Jenny-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). (Continued from October 16th to November 6th). Kevin O’Brien is present. Wetland flags need to be finalized. Erosion controls have been installed in key areas. Further surveying work is underway, and a final plan is expected for review during the December 4th meeting. Sophie will conduct a site visit to verify erosion control installation; Commission members are invited to attend the site visit. Motion: Chris S., Second: Mike L. To continue to December 4th. Roll Call Vote: Mike-aye, Chris-aye, Jenny-aye, and Mary-aye. ------- Administrative Determinations: Extension Request Permits: Certificates of Compliance: -- 564 Page Street – Tim Ialeggio, the previous property owner and the applicant, is present. According to section C no. 19, subsection a of the Orders of Conditions, there is an expectation that the site be “fully stabilized” to indicate compliance. Due to insufficient stabilization of plantings, the Commission denies the COC and the applicant is advised to reapply in the spring. Motion: Jenny P., Second: Chris S. To deny the Certificate of Compliance Request. Roll Call Vote: Mike-aye, Chris-aye, Jenny-aye, and Mary-aye. -- 48 Pearl Street – Suzanne DeGeorge, the applicant, is present. Sophia screen-shares the revised planting plan provided by the applicant. Motion: Jenny P., Second: Mike L. To approve the Certificate of Compliance Request. Roll Call Vote: Mike-aye, Chris-aye, Jenny-aye, and Mary-aye. -- 393 New West Townsend Road 208-0813 and 208-500 – The retaining wall and septic system were completed according to the plan provided and all vegetation was thoroughly established. Sophie would approve both COC requests. Motion: Mike L., Second: Chris S. To approve the Certificate of Compliance Requests for 208-0813 and 208-500. Roll Call Vote: Mike-aye, Chris-aye, Jenny-aye, and Mary-aye. Notice of Project Change: ===PAGE 3=== -- 22 Fairview Road – Matt Marro is present to represent the applicant. The plan was revised according to input from an architect to address clearance and roofline issues. Dimensions were changed from 36’x30’ to 39’x32’ and the building was moved closer to the road to avoid encroaching on the 50’ buffer zone. Erosion control measures remain consistent with the original plan. Motion: Chris S., Second: Mike L. To approve the proposed changes. Roll Call Vote: Mike-aye, Chris-aye, Jenny-aye, and Mary-aye. ------- ENFORCEMENTS: Violations (Enforcement Actions and Hearings): -- 10 Mass Ave – A second violation notice will be sent. If compliance is not achieved by December 4, an enforcement order will be issued, and the property owners will incur fines of $300 per day until compliance is achieved. Motion: Mike L., Second: Jenny P. To issue a second violation notice to compel compliance. The notice will include a $300/day fine if the required permit application is not completed by December 4. Roll Call Vote: Mike-aye, Chris-aye, Jenny-aye, and Mary-aye. -- 1168 Mass Ave Rear – No updates. -- 40 Fire Road 12 – The office has received a Certified Mail return receipt from one applicant, but not another. Sophia sent a copy of the enforcement order via email and regular USPS mail to the applicant who had not yet confirmed receipt of the notification. They replied stating that loam and seed have been applied but the remaining action is unclear. They claim to have no knowledge of the enforcement order and state that there was no clear division of responsibilities between themselves and the other applicant. The remaining action is to install a permanent barrier. The applicant said “please consider this an appeal for the remaining action” which was interpreted by the Commission to mean that the applicant refuses to take responsibility for the action. Sophie has written evidence of this applicant being aware of the enforcement order. Commissioners emphasized that the appeal process has expired since no appeal was filed within the required timeframe after the issuance of the enforcement order. Failure to act is prolonging the violation and disrupting the Wetlands Protection Act's objectives. The commission plans to proceed with initiating fines, as outlined in the enforcement order. A letter will be sent to clarify the lack of valid appeal and to set a final compliance deadline with the initiation of daily fines if compliance is not achieved. Sophie will consult with Town Counsel to ensure legal procedures are followed. -- 950 Chase Road – No updates. -- 390 Howard Street – No updates. -- 48 Meadow Lane – No updates. -- 67 Island Road – Unpermitted work was done on the property. Jared and Melissa, the property owners, are present. Jared states that they replaced a patio in the footprint of an existing patio to create an improved access path for Melissa’s mother to get to the deck and he was unclear on permitting expectations before work was done. In addition to the patio, decking was added to an existing foundation for a previously damaged greenhouse. The property owner expresses his concern for the environmental impact and, after learning more about permitting expectations, agrees that these projects should have gone through the conservation filing process. Mary informs the property owners that they should complete a ===PAGE 4=== retroactive Request for Determination of Applicability (RDA) application. Sophie will be accessible throughout the application process if needed. Mary requests that the application be completed in 30 days. Emergency Certifications: ------- NEW BUSINESS: Topics unknown 48 hours in advance of meeting: Conservation Topics of Discussion: OpenGov Conservation Commission Point Person: A Commission member will be appointed the OpenGov point person who will be able to schedule Commission site walks and add photos from visits to filings. Mary nominates Jenny to be this point person, and she accepts the nomination. To appoint Jennifer Pewtherer as the Conservation Commission OpenGov Point Person. Roll Call Vote: Mike-aye, Chris-aye, Jenny-aye, and Mary-aye. ------- OLD BUSINESS: Title Searches: No updates. Encroachment Issues: -- 950 Chase Rd - No updates. -- 315 Lancaster Ave - No updates. Open Space and Land Use: -- Grants Update (LCC Sponsored, 2023) - No updates. -- Grants Update (LSR Sponsored, 2022) - Snow Riders have received the power unit. They are going through paperwork to get it registered. Mary is confident that the Snow Riders will use the ATV power unit to help increase efficiency in completing trail projects. Chris states that he would like a plaque to be made stating that trail work being done by the ATV is co- sponsored by the Snowmobile Club and Lunenburg Conservation Commission. "Work done by this vehicle is sanctioned by the conservation Committee in conjunction with the snowmobile club to keep the trails in good condition." His hope is that this plaque will reassure passersby that the ATV (an atypical vehicle to see on these trails) is supposed to be there. Hollis Road Residence Updates: • Mike states that he received a request from Linda Hilson for permission to refurbish the pollinator habitat sign at the residence. Mary and Mike are enthusiastic about this volunteer work. • Mike informs the Commission that the previously discussed cabinets were no longer available for purchase, but he is hopeful that more cabinets will come in that are in good shape. • Mike shares that he now has a copy of the resident caretaker custodian license agreement, both signed and unsigned versions. He states that the license agreement is clear and straightforward. • Mary reached out to a Select Board member who has professional expertise in property management resources. He will be speaking at the December 4th meeting to give advice on finding these resources and people to help with managing and maintaining the property. While Mike clarifies that the Lease Agreement indicates that rent income will only be used for the Hollis Road property, Mary’s advisor states that there is not a restriction on the deed stating that rent received for the Hollis Road property should only be used for maintenance of the Hollis Road property. Unless this restriction is recorded with the deed, then the funds can be used to benefit any Conservation property. ===PAGE 5=== • Mike informs the Commission of an incident that took place in the field on the Hollis Road property where a young community member had damaged the habitat and hit the cherry tree with their car. Mike has been working with the community member to fix their mistake and restore the damaged habitat. No enforcement action will be taken. The tree will be monitored to ensure it reestablishes itself by Spring Committee Reports: -- OpenSpace - No updates. -- Stormwater - No updates. ------- Communications/Public Comment: No meeting will be held on November 20th, 2024. The next meeting will be December 4th, 2024. ------- Motion: Chris S., Second: Mike L. To adjourn at 9:48 pm. Roll Call Vote: Mike-aye, Chris-aye, Jenny-aye, and Mary-aye. -- Respectfully submitted, Maddison Berthet Conservation Assistant