===PAGE 1=== Town of Lunenburg Conservation Commission Mary Wilson, Chair Tel: (978)582-4146 Jennifer Pewtherer, Vice Chair 960 Massachusetts Ave Richard Bursch Lunenburg, MA 01462 Jeffrey Viviano Sophia Dorow Michael Larouche Conservation Administration Chris St. Germain Maddison Berthet -Vacancy- Conservation Assistant January 8, 2025, 7:00PM, ZOOM REMOTE Minutes Roll Call: Chris S., Mike L., Jeff V ., Jenny P., Rich B., Mary W. and Sophi a Dorow (Admin.) Call to Order at 7 :01pm by Mary W. Announcements & Public Comment -none Minutes of previous meetings – 11/6/24 Motion: Rich B., Second: Jenny P. To approve the minutes of 11/6/24. Roll Call V ote: Chris-aye, Mike-aye, Jeff-aye, Rich-aye, Jenny -aye and Mary -aye. APPOINTMENTS 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 Stephen Violette of Sunshine Nominee Trust for construction of a gravel driveway for accessing a future residential build site and agricultural land within the 100 and 50-foot buffer zones of a bordering vegetated wetland located at 157 Goodrich Street, (DEP # 208-1335, OpenGov .com Record ID # NOI -24-7). Greg Roy (Dillis & Roy), representing the applicant, screen-shared the site plan and noted that this is a 3 acre parcel subdivided from 828 Lancaster Ave. The wetlands were delineated earlier in the summer and Mr. Violette would like to build a gravel driveway off Goodrich St. in order to access his agricultural fields. He has future plans to build a single family house , accessing the driveway, but is not doing that build now. The driveway will be entirely outside of the 30’ no-touch zone and no trees will be removed. Grading is associated with construction of the gravel driveway, with erosion control barrier between the wetlands and limit of work. They received a DEP file # 208-1335 with no comments. Wachusett Investment-new owners of 828 Lancaster Ave. - was issued a cease-and-desist from Conservation and the Building Commissioner. They have hired Dillis & Roy to file a NOI for that lot. Some fill from 828 Lancaster Ave. was moved to Stephen’s property but none goes past where they are proposing to work or into the 30’ no -touch zone. Greg added that if the Commission approves this request, it would resolve the encroachment at 828 Lancaster Ave. Sophia asked if the driveway would be plowed in the winter and was concerned about use of de -icer. The Commissioners discussed run-off of gravel, grading and pitching of the driveway , and whether the property line could be moved . Greg responded that they can look into the possibility of moving the property line and stated the area from the driveway to the wetlands is mostly flat . Also they are not looking for any waivers. Sophia screen-shared and read a letter of concern from abutter Patricia Whitney (137 Goodrich St.), questioning the impact to her pond which is a Certified Wildlife Refuge. Mary noted ===PAGE 2=== that they will need to continue the hearing since Ms. Whitney asked for an in -person meeting. Greg replied he would be willing to talk to her about the proposed work. Sophia noted that magnesium chloride is suggested as a low impact de -icer. Greg will look at the slope further in the property and Jenny’s suggestion about adding a lip to the edge to control run -off. Motion: Rich B., Second: Mike L. To continue the hearing on 157 Goodrich Street to 1/22/25. Roll Call V ote: Chris-aye, Jenny -aye, Rich-aye, Jeff -aye, Mike-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 request to amend an Order of Resource Area Delineation by Christopher Anderson to remove a portion of the Resource Area Delineation from the order due to maintenance per formed on a manmade detention basin located at 400 Leominster Shirley Road . (Continued from December 4th to January 8th.) Bill Hannigan (Hannigan Engineering) stated the Order of Resource Area Delineation was issued March 2023 and the appeal period has expired. He has emailed the DEP but has had no response. Mary suggested they reach out to DEP for guidance on the timeline. Bill requested a continuance to 1/22/25. Motion: Chris S., Second: Rich B. To continue the hearing on 400 Leominster Shirley Rd. to 1/22/25. Roll Call V ote: Chris-aye, Mike-aye, Jeff -aye, Rich -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 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 Vegetative Wetland located at Electric Avenue and Pierce Avenue (Assessor’ s Map 113, Parcel 18, Lot 2) (DEP # 208 -1332, OpenGov.com Record ID # NOI -24-3). (Continued from December 4th to January 8th) Bill Hannigan (Hannigan Engineering) reported that the final review was completed by the Peer Review but they had various comments coming from the Planner and other department heads. All these changes are outside of the jurisdiction of Conservation. Bill screen-shared the site plan and said they are asking for a waiver on the 40’ setback for 24 spaces. The Planner questioned if it was zoning issue and they will eliminate the 24 spaces, choosing to landscape the area instead. Bill is requesting the Commission approve the Order of Conditions based on the plans submitted which are not changing. Motion: Rich B., Second: Mike L. To approve the NOI, based on the plans submitted in September, as long as any changed plans are submitted to the office and there are no changes in the buffer zone. Roll Call V ote: Chris-aye, Mike-aye, Jenny-aye, Rich -aye, and Mary -aye. Jeff abstained. 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 Delin eation by Kevin O’Brien at 390 Howard Street (DEP # 208-1304). (Continued from December 4 th to January 8 th). No one present for this hearing. Motion: Mike L., Second: Chris S To continue the hearing on 390 Howard Street to 1/22/25. Roll Call V ote: Chris-aye, Mike-aye, Jeff -aye, Jenny-aye, Rich-aye, and Mary -aye. ===PAGE 3=== 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 Nijal Hamberg for renovations to an existing single-family home, reconstruction of an existing deck, removal of four trees within the 50-100 foot buffer zone and res toration/replacement of an ex isting 50 sq.ft shed within the 50 -foot no -build zone of a bordering vegetated wetland located at 50 Pine Grove Road. (DEP # 208 -1336, OpenGov.com Record ID# NOI-24-6). (Continued from December 18th to January 8th) Greg Roy (Dillis & Roy) screen-shared the site plan with updates requested by the Commission as follows: The shed can be constructed outs ide of the 50’ no -structure zone, the 5 th tree to be removed was noted on the edge of the leach field, the staircase is noted outside of the 50’ zone, and the new deck will be composite with pressure treated framing. They found a poured concrete surface under the old deck, which will be removed and replaced by patio pavers within the same footprint. Motion: Mike L., Second: Chris S To approve the NOI for 50 Pine Grove Road . Roll Call V ote: Rich-aye, Jenny-aye, Mike-aye, Chris-aye, and Mary -aye. Jeff abstained. Certificates of Compliance: ---57 Round Road- Sophia reported there were 2 parts to this. The 1st part (# 208-1322) was denied and they were told to come back with a new plan. The 2nd part (#208-1279) was for a simple wall at the edge of the lake and was completed per the plan. She advised to approve the C OC. Motion: Mike L., Second: Chris S. To approve the COC for 57 Round Road. Roll Call V ote: Rich-aye, Jenny -aye, Jeff-aye, Mike-aye, Chris -aye, and Mary -aye. ---32 Pine Grove Road – Sophia recommended not approving since there were erosion issues fro m the 100’ to 50’ and near the edge of the 30’ zone. She noted that they had cleared in the 100’ zone and it was trickling down. Sophia screen-shared a photo of erosion near the rock wall and the area seeded. Greg Roy (Dillis & Roy) reported that the erosion was outside of the 50’ zone and work near the lake ha d been stabilized. They had hydroseeded but it did not take and nothing was disturbed within the 50’ zone. Motion: Rich B., Second: Jenny P. To deny the COC request for 32 Pine Grove Rd. and recommend the applicant come back when those areas are stabilized. Roll Call V ote: Chris-aye, Mike-aye, Jeff -aye, Jenny -aye, Rich -aye, and Mary -aye. ---137 Flynn Road – Sophia advised approval, noting the plantings were installed very well with stakes. Motion: Rich B., Second: Jenny P. To approve the COC for 137 Flynn Road . Roll Call V ote: Chris-aye, Mike-aye, Jeff -aye, Rich-aye, Jenny-aye, and Mary -aye. VIOLATIONS & ENFORCEMENTS: ---10 Mass. Ave.- Sophia reported that she sent a letter with a $300 fine to Smit Patel (owner) and the fine was paid. She screen -shared and read a letter from Mr. Patel requesting an extension to complete requirements and noted he was in Indi a for a critical family illness. He has engaged Dan Wells (LEC Environmental Consultants) to assist him with the site plan and NOI form. The Commission discussed the issue and agreed to issue a letter of requirements. Motion: Mike L., Second: Chris S. To issue a letter explaining the timeline we expect and requesting a response from his wetlands scientist on the schedule for addressing issues and when documentation will be submitted. Roll Call V ote: Rich-aye, Jenny -aye, Jeff -aye, Mike-aye, Chris -aye, and Mary -aye. ---40 Fire Road 12 – Sophia and Mary met with Chris Reilly (Planner), who said he would talk to the Police Dept. and Scott Benjamin (abutter). She has not had any updates but did a site visit earlier today ===PAGE 4=== and noted the personal property is still on town property. Mary and Jenny also visited the site on Saturday and spoke to both abutters. Mary noted the pavement had been removed but a small cord of wood, pallet and debris were moved to within 5’ of the wetland . Scott Benjamin was very dismissive to them but Gordon Wu (other abutter) was very apologetic and gave them a history of the issue. He stated that he paid to pull up the pavement, put down loam and seed it. Mary and Sophia met with Chris Reilly and discussed placing boulders as a permanent barrier. Chris will look into having the town place the boulders and will talk to Scott Benjamin. The Commission can approve the NOI now or wait until the boulders are in place and consider issuing a violation to Mr. Benjamin for moving his property to area immediately adjacent to wetlands. Sophia screen-shared a photo of the pile near the wetlands. Rich asked if the Select Board and Town Manager had been notified about the debris on town property and Mary replied no but will contact them. The Commission discussed whether to approve the NOI and decided to wait until the debris is cleaned up. ---48 Meadow Lane – Sophia reported there was a carport shelter encroaching on 3 properties and the shelter has been removed. However, she was informed of some dumping there which she will check into. ---1168 Mass. Ave. Rear- Sophia sent a letter at the beginning of December to request they attend the meeting and also contacted Brian Marchetti in mid-December, who said he would talk to the owner. Brian responded that he talked to Jeff Powell, who asked for help with the process of resolving the permit issues. Brian will give an update at the 1/22 meeting. Sophia screen-shared a erial photos of the site and Mary noted there was fill added that diverted the natural stream. NEW BUSINESS: Topics unknown 48 hours in advance of meeting ---Anna Wilkins (North County Land Trust)- announced that the Land Trust, in conjunction with the Nashua River Watershed Assoc., are planning a Landowner Workshop in March to help them understand the land conservation options. The workshop will be geared to landowners in Lunenburg, Lancaster, Shirley and A yer. The program will go over Chapter 61 and other land management opportunities. They are looking for a liaison in Lunenburg to help them connect to landowners and Mary suggested contacting the Open Space Committee. Anna noted that the state has a new Conservation Assistance Grant that gives money to towns to update their open space plans. Also, if possible, they are suggesting a donation to help co-sponsor the workshop. ---Continuing Education for Commissioners – Sophia is looking to project how much money will be needed for classes in FY26. Mary estimated needing 8 classes for new Commissioners and budgeting for 2 classes each for other Commissioners, along with handbook access for all. She also suggested budgeting for flyers to be inserted into tax bills which Bob estimated at $1,200. Mary recommended putting a ¼ page ad in the Ledger explaining buffer zones along with a QR code to the website. The Commissioners discussed and agreed. ---January Meeting Schedule- Next meeting is 1/22 and on 1/29 there will be a special meeting for the reports from the lake communities only. ---Wildland Grants – Chris stated this is a global effort to protect 30% of the world’s land and water by 2030 . In this state, the Forest Reserve Grant Program is for land they want to acquire and the aim is to preserve areas of old growth , which have greater bio-diversity and carbon storage. Wildlands have minimal activity with no development , motorized vehicles , logging or agriculture . The grants come around August and would give 50% of the cost. Chris suggested it could be for preserving land near water storage such as Mulpus Brook. Lynne Man clarified that they do not want roads added but would allow hunting and passive recreation. They would need to get clarification on use of snowmobiles and Mary noted they would need to do public hearings. Currently, the Commission receives their monies from the Timber Rights Fund. ===PAGE 5=== ---Farmland of Local Importance - Mary received an em ail from Al Avril from NRCS (Natural Resources Conservation Service). The Federal Government classifies 3 types of soil but there is a 4 th classification for local farmlands of importance. A federal grant sponsors a soil specialist, such as Al, to classify parcels as farmland of importance . The local Conservation Commission would sponsor that activity by endorsing his findings but there is no cost involved. This program may help some farmers to qualify for abatements. Mary reached out to Open Space, Agriculture Commission and the Select Board. ---Conservation Budget Report – will be posted in the meeting folder after the 15 th. ---Paint Stewardship- Chris explained that this is a program for people to drop off paint. Mary believed paint could be recycled at the Devens program and Chris will check on that option. OLD BUSINESS: Update on Title Searches – no update April Earth Day Events – Mary is working on this and has reached out to Parks Commission and the Pollinator Habitat. Mike will connect with the Pollinator Habitat also. Update if any on encroachment issues: Mary noted the Commission met in Executive Session with the Select Board on 1/7/25 concerning these issues. Open Space and Land Use: ---Chapter 61 OpenGov Workflow – no update ---Grants Update (LCC sponsored, award year 2023)- Mary reported the contract engineering firm has been working on the plans to raise NOIs on behalf of the Commission as the result of the parking areas. The Commission will review the plans before the y execute on those approvals. ---Grants Update (LSR sponsored, award year 2022) – Mary submitted all the close out documentation on behalf of the Snow Riders in December. There were 251 hours of volunteer time and $5,000 equivalent usage of power e quipment. This equates to approximately $16,000 back to the community. ---Conservation Land Improvement- Mary reported there is ongoing work that Bob is coordinating at the Laine property to improve the bridges so they will not float away in the spring and adding handrails. Hollis Road Residence : ---Update on Maintenance Work- Mike reported the bags of invasive plants were picked up by the DPW and taken care of. Also Cam’s Heating will be doing the annual service on 1/27. He announced that this is the 8th anniversary of the Pollinator Habitat and their newsletter noted thanks to the Commission. Committee Reports – Any Update ---Open Space – Mary noted no update as they are meeting tonight. ---Stormwater – Jenny reported no update as they did not meet in Decembe r. Public Comment: Mary suggested the Commission think about a new representative to Open Space Committee. She also was contacted by a few people interested in filling the Commissioner vacancy and she will contact the Select Board. Motion: Mike L., Second: Jenny P. To adjourn at 9:43pm. Roll Call V ote: Rich-aye, Jenny -aye, Jeff -aye, Chris-aye, Mike-aye, and Mary -aye. Respectfully submitted, Jane Ranley (Minutes Clerk) ===PAGE 6===