# conservation-commission — 10 documents, concatenated for reading and search # # This is a CONVENIENCE BUNDLE, not a source. Every document below is # published separately and byte-identically; cite the individual file, # whose path is given in each header, rather than this bundle. # Index of all boards: https://lunenburgbudgetproject.org/minutes/INDEX.txt # The town's own scanned original is linked per document. ======================================================================================== DOCUMENT : 2021-06-02-minutes-6297.txt BOARD : conservation-commission DATE : 2021-06-02 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2021-06-02-minutes-6297.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_06022021-6297 ======================================================================================== ===PAGE 1=== Town of Lunenburg Conservation Commission Bob Pease, Chair Tel: (978) 582-4146 Kenneth Jones, Vice-Chair 960 Massachusetts Ave. Richard Bursch Lunenburg, MA 01462 Catie Childs Carl Luck Jack Rabbitt Matthew S. Marro, Jeffrey Viviano Conservation Administrator Michael Larouche, Associate June 2, 2021 7:00 PM In accordance with the requirements of the Open Meeting Law, please be advised that this meeting is being recorded and will be available for viewing over the Lunenburg Public Access You Tube Channel within 24 hours after the meeting. In accordance with the Governor’s Order Suspending Certain Provisions of the Open Meeting Law, G. L. c. 30A, § 20, all public meetings are being conducted remotely. To Participate Remotely on Zoom members of the public may use cell phones, tablets or computers with audio and video capabilities. The Zoom Meeting ID is 880 9555 4068 Town of Lunenburg is inviting you to a scheduled Zoom meeting. Topic: Conservation Commission Meeting Time: Jun 2, 2021 07:00 PM Eastern Time (US and Canada) Join Zoom Meeting https://us02web.zoom.us/j/84537576220 Meeting ID: 845 3757 6220 One tap mobile +19292056099,,84537576220# US (New York) +13017158592,,84537576220# US (Washington DC) Dial by your location +1 929 205 6099 US (New York) +1 301 715 8592 US (Washington DC) +1 312 626 6799 US (Chicago) +1 669 900 6833 US (San Jose) +1 253 215 8782 US (Tacoma) +1 346 248 7799 US (Houston) 877 853 5257 US Toll-free 888 475 4499 US Toll-free Meeting ID: 845 3757 6220 Find your local number: https://us02web.zoom.us/u/kWm2Kp9gd ===PAGE 2=== No participant ID is needed, just press # when asked. All participants who are not members of the commission or staff will be muted by the chair. Computer and app users may use the “raise hand” feature to request to speak. Depending on your version of Zoom, you raise your hand feature, by either clicking on the “raise hand” button at the bottom of the participant list or in the “Reactions” panel. The chair will call on you and unmute you. Telephone audio users may dial star (*) 9 to request to speak after joining the meeting. Members of the public must give their name and address before they begin speaking. Please direct all comments to the chair. If you have trouble accessing zoom or have general questions you can send an email to lcc@lunenburgonline.com during the meeting. Emails containing questions or comments that are to be read aloud at the meeting must be signed with full name, address and phone number. Please be aware that if you are using video, other people will be able to see you and that anything that is broadcast will be recorded. The agenda lists all the topics which may be discussed at the meeting and are those reasonably anticipated by the Chair. Votes may be taken as a result of these discussions. Not all items listed may in fact be discussed and other items not listed may also be brought up for discussion to the extent permitted by Open Meeting Law. Each vote taken in this meeting will be conducted by roll call vote. minutes Call to Order Chairman Pease called the meeting to order at 7 AM All in attendance with CL appearing at 9 PM Announcements Public Comment Comments are to be limited to 3 minutes and on a subject matter under the direct jurisdiction of the commission. Comments about current agenda items are to be made during the comment period of the specific agenda item. Minutes of previous meetings –May 19, 2021 JV moved to approve the minutes KJ seconded and the commission voted in favor by a vote of JV, KJ,CC and BP. JR and RB abstained. Appointments/Hearings –commences at 7 PM Appointment:1 LSIC UPDATE Wendy Gendron and Joanna Bilotta updated the conservation commission. Ms Gendron outlined the monitoring requirements and the results of the testing. The Water clarity data was excellen t due to the extended drought, there was a reduction in the introduction of sediment from stormwater. Temperature and Dissolved oxygen noted that there was no times where the water was below 5 mg/l of oxygen. The remainder of the data noted normal levels for an urbanized lake watershed. The herbicide treatment and the targete d aquatic plants were reviewed as well as the areas that were targeted and left alone. Clipper was used to aid in the c ontrol of fan wort. The plant survey was also reviewed. The public outreach of the LSIC was also reviewed. She further identified the strategy for the treatment of the lake including the chemicals proposed to be used. JR noted that there was good progress and that the LSIC has done a wonderful job. RB asked if there was a reason for a spike in certain algae’s. Wendy Gendron noted that it was likely due to the drought last year and further noted that there were differences in many lakes through the commonwealth. RB clarified the dates of the surveys with Ms. Gendron. The commission thanked the LSIC as there was no further comment or question from the commission or the public. 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 a Determination by Timothy Beauchmin for work at 239 Prospect Street will be held. Work proposed is Installa tion of a gate in an existing chain link fence a dock along Lake Whalom. Timothy Beauchmin represented himself. He oriented the commission to the details of the project and ===PAGE 3=== the project and the orientation to the wetlands. He was not asking for any earthwork or an y vegetation removal as there is a pre existing opening, JR clarified the address as 239 due to a change in designation from the address. He also examined the length. RB examined parcel C 2 and it was noted it was an independent lot not associated with any of the houses. He examined where the applicant would park the vehicle. RB asked who the owner was. Mr. Beauchmin noted he was the owner. RB asked if the pathway would have any modifications. Mr. Beauchmin noted he proposed no tree removal or earth work as there was a pre -existing pathway. RB noted that the area is a very heavily used road way with short sightlines and suggested we consult the police department on the property. Mr. Beauchmin noted that in his location there was a 300 foot sight line in each direction as the lot is located on a straight away. JR asked if this area was part of the safety zone. The answer was unknown. JR asked if there was any input from the planning board. The applicant noted it was not required. KJ noted that the parking was not the purview of the commission and that the parking was not a requirement of the conservation commission. BP noted he agreed with KJ on the parking issue. KJ moved to issue a negative determination JR seconded . The commission approved the motion with RB abstaining. ‘ 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 Daniel Corey for work at 46 Pine Grove Road will be held. Work proposed is the removal of a partial section of Deck and an addition to a single family home. Ryan Proctor from Dillis and Roy was present from the applicant. Mr Proctor reviewed the plan and the location of the work which was not within the 50 foot no touch zone. He noted the stock pile was designated and was outside the 100 foot buffer zone, He further noted that there was no DEP number currently. Due to the lack of DEP number the applicant agreed to continue to June 16, 2021 at 7 PM by a motion of RB and a second by CC with a unanimous vote to approve the motion. Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Mun icipal Bylaws a public hearing on a Request for a determination by Michael Shank for work at 313 Leominster Road will be held. Work proposed is the construction of a garage within the river front. Mr Shank was present to represent himself. Mr Shank noted that there was a preexisting garage slab on the property and wishes to reconstruct it. MM noted the preexisting enforcement order and the details as it was resolved to unitil. JR noted that there was some equipment on the property. Mr. Shank noted that the foot print will be smaller than the original. RB moved for a negative determination. JR seconded and the commission voted unanimously to approve the motion. 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 a Determination by Eric Martineau for work at 45 Cove Road will be held. Work proposed is construction of a garage. Eric Martineau was present to represent himself. He noted that there is an exiting deck and the proposed garage is slightly father away from the area. BP noted that he did a site visit and determined it was greater than 50. MM noted that the wetland is 74 feet to the rear of the property. RB asked if the variance was already received. MR Martineau noted yes. RB moved for a negative determination JV seconded and the commission voted unanimously to approve the motion, 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 at 326 Holman Street by Steve Fenner for the placement of a swimming pool, landscaping and tree removal within the buffer zone. RB recused himself. Mark Bursch represented the applicant. Area noted as 4 on the file plans was for an above ground pool. Mr Bursch noted that there were some trees to remove and that there was some areas of wetland on the property, hence the reason for the notice of Intent. He outlined doe to previous activity on the lot, there as a wet area that was partially filled and the proposal was to remove the area to re- establish the wet connection and restore the flow. There are some trees proposed to be removed within 3o feet, ho wever, it would not affect the canopy. He noted that mosquito control and DPW recommended that the work be done. BP reviewed the scope of the work to ensure accuracy MM reviewed the wetland line with the commission. He recommended the commission do a site walk on the property, KJ reviewed the property and agreed with MM to conduct a site walk, KJ recommended that the area be staked and the trees to be cut be flagged. JR noted that realistically would we approve the pool within the 50 foot or 30 foot zone? MM noted that usually on a waiver request ===PAGE 4=== there should be a benefit to the wetland in return. He noted the reconnection of areas on and two could be a public benefit . The commission continued to the meeting of June 16th by a motion of KJ and a second of JV and a unanimous vote of the commission by roll call vote. ( RB recused). They agreed to a site walk on the 12th of June. 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 Town of Lunenburg for a replacement of the bridge at Flatt Hill Road adjacent to 878 Flatt Hill Road ( note 878 Flatt Hill is a private residence used for reference purposes only) Emily Martin, Dave Cloutier and Olivia Richards and Rob Oliva represented the applicant. Olivia Richards outlined the work, the current conditions of the site and the location of the wetland resourc e area to the commission. She outlined the phasing of the construction. It was noted that the work would take place during the winter and that there was a slight increase of flood storage proposed. The erosion control, dewatering and use of a coffer dam was also examined. BP asked if the catacunemug brook flows through this culvert. The answer was no, that the bro ok itself was to the north of it. RB examined the elevations of the inverts and outlets of the new and proposed culvert. He asked if there was a new based proposed to the brook. Dave Cloutier from VHB noted that the structure’s intention was to allow a 2 ft natural bed to be established. KJ Noted that it is the catecunemug brook does flow through the property and it is noted on the USGS map. Olivia Richards noted that this area is where the brook converts to lake area and that during the winter periods th ere was low to no flow recorded and that construction should take place with no flow considerations. RB asked for a schedule of construction and the actual calendar period it would be designated for. He was concerned of the variability of drawdown versus flow. MM noted to the applicant noted that the engineers should make certain they coordinate with the dam keeper to ensure those variability can take place. Joanna Bilotta noted that the applicant should take note of the drawdown conditions form the previous years and will work to get the numbers to the applicant. MM noted that he could help coordinate with the Shirly Conservation Commission if the drawdown causes the flow conditions required by the LSIC’s order of conditions in Shirley to be temporarily adjusted. BP further cautioned on the flow variabilities on the brook and asked the applicant to ensure that was accounted for. RB also reminded that a proposed schedule be added to the file. A motion to continue to June 16th was made by RB and seconded by KJ with a unanimous vote to approve the motion by roll call vote. 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 Kevin Hill for work at 41 Country Road will be held. Work proposed is the construction of a single fami ly home, driveway and septic grading within the buffer zone. This meeting was continued by request of the applicant to the June 16 th meeting by a motion of CC and a second by RB with a unanimous roll call vote to approve the motion. Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws seven public hearings on individual Notices of Intent for work at 150 Holman St lots 1 – 7 by PSG Realty will be held (Notices of Intent individually filed for each lot). Work proposed is the construction of a seven lot subdivision within 100-feet of a wetland resource area. Brian Marchetti appeared before the commission. He outlined and reviewed the changes to the plans that the commission asked f or from the previous meeting. He noted the planting legend and the noted on the 50 foot no touch zone. He outlined the demarcation of the 50-foot buffer zone. He reviewed each lot and the demarcation. JR noted that with regard with the 50 ft designation would it be recorded on the deed? Brian Marchetti noted that there was not a permanent restriction proposed. JR asked if there could be a clause reminding the new owners of the filing requirements. RB noted concerning the rain gardens noting that they have an O&M Plans asked if there should be a way to be permanently spelled out on the deed. ===PAGE 5=== The comments from the planning board reviewing engineer were reviewed by the applicant and the responses to the comments. JR and JV reviewed the comments JV made at the previous meeting regarding the extensions of the erosion protection. JV indicated it was satisfactorily addressed. Lot 1. Changes were reviewed. RB asked for an additional perpetual condition attached to the deed with respect to the rain garden maintenance. JR asked about ensuring the demarcation was also noted on the deed reminding each applicant of their responsibil ities to come forward if work within the buffer zone was requested in the future. RB moved to issue an Order with the additional co ndition of the rain garden maintenance being perpetual. KJ seconded and the commission approved unanimously with CL as an abstention. by roll call vote. Lot 2. Changes were reviewed. RB asked for an additional perpetual condition attached to the deed with respect to the rain ga rden maintenance. JR asked about ensuring the demarcation was also noted on the deed reminding each applicant of their responsibilities to come forward if work within the buffer zone was requested in the future. RB moved to issue an Order with the additional co ndition of the rain garden maintenance being perpetual and the inclusion of the buffer zone demarcation. KJ seconded and the commission approved unanimously with CL as an abstention. by roll call vote. Lot 3. Changes were reviewed. RB asked for an additional perpetual condition attached to the deed with respect to the rain ga rden maintenance. JR asked about ensuring the demarcation was also noted on the deed reminding each applicant of their responsibilities to come forward if work within the buffer zone was requested in the future. KJ moved to issue an Order with the additional condition of the rain garden maintenance being perpetual and the inclusion of the buffer zone demarcation. JV seconded and the commission approved unanimously with CL as an abstention. by roll call vote. Lot 4. Changes were reviewed. RB asked for an additional perpetual condition attached to the deed with respect to the rain garden maintenance. JR asked about ensuring the demarcation was also noted on the deed reminding each applicant of their responsibil ities to come forward if work within the buffer zone was requested in the future. RB moved to issue an Order with the additional con dition of the rain garden maintenance being perpetual and the inclusion of the buffer zone demarcation. JR seconded and the commission approved unanimously with CL as an abstention. by roll call vote. Lot 5. Changes were reviewed. RB asked for an additional perpetual condition attached to the deed with respect to the rain ga rden maintenance. JR asked about ensuring the demarcation was also noted on the deed reminding each applicant of their responsibilities to come forward if work within the buffer zone was requested in the future. RB moved to issue an Order with the additional co ndition of the rain garden maintenance being perpetual and the inclusion of the buffer zone demarcation. KJ seconded and the commission approved unanimously with CL as an abstention. by roll call vote. Lot 6. Changes were reviewed. RB asked for an additional perpetual condition attached to the deed with respe ct to the rain garden maintenance. JR asked about ensuring the demarcation was also noted on the deed reminding each applicant of their responsibil ities to come forward if work within the buffer zone was requested in the future. RB moved to issue an Order with the additional condition of the rain garden maintenance being perpetual and the inclusion of the buffer zone demarcation. KJ seconded and the commission approved unanimously with CL as an abstention. by roll call vote. Lot 7. Changes were reviewed. RB asked for an additional perpetual condition attached to the deed with respect to the rain garden maintenance. JR asked about ensuring the demarcation was also noted on the deed reminding each applicant of their responsibil ities to come forward if work within the buffer zone was requested in the future. RB moved to issue an Order with the additional condition of the rain garden maintenance being perpetual and the inclusion of the buffer zone demarcation. KJ seconded and the commission approved unanimously with CL as an abstention by roll call vote. 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 a determination for work on beach raking at 90 Ruth Street by Brian Dalmasso. This meeting was continued by request of the applicant to the June 16 th meeting by a motion of JV and a second by KJ with a unanimous roll call vote to approve the motion. NOTE CL NOTED HE WAS RECUSING HIMESLF FROM FURTHER MEETINGS> Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing o n a Notice of Intent by The Town of Lunenburg, Thomas WU and Scott Benjamin will be held. Work proposed Restoration of a parkin g area to a naturalized state on town property at Fire Road 12 This meeting was continued by request of the applicant to the June 16 th meeting by a motion of RB and a second by KJ with a unanimous roll call vote to approve the motion. Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on ===PAGE 6=== a Notice of Intent by Christopher and Suzanne DeGeorge will be held. Work proposed is improvement of access to Lake Shirley a nd control of erosion within 100-feet of a wetland resource area at 48 Pearl Street. This meeting was continued by request of the applicant to the June 16 th meeting by a motion of RB and a second by JR with a unanimous roll call vote to approve the motion. Pursuant to MGL ch 131, s 40 as amended and Under Lunenburg Protective By Law chapter 335, the Lunenburg Conservation Commission will hold a public hearing for a Notice of Intent by Cynthia Ritchie for work at 137 Flynn Road to build a natural stone wall along the waterfront to protect against future erosion of the edges of the land and beach. This meeting was continued by request of the applicant to the June 16 th meeting by a motion of KJ and a second by RB with a unanimous roll call vote to approve the motion. Pursuant to MGL ch 131, s 40 as amended and Under Lunenburg Protective By Law chapter 335, the Lunenburg Conservation Commission will hold a public hearing for a Notice of Intent by Empire Management Corp for work at 757 Chase Road for the demolition and reconstruction of a Commercial building with grading and parking This meeting was continued by request of the applicant to the June 16 th meeting by a motion of RB and a second by JR with a unanimous roll call vote to approve the motion. Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing o n a Notice of Intent by MA Pleasant LLC will be held. Work proposed is construction of a six-lot subdivision, Roadway, utilities and a proposed wetland crossing at 101 Pleasant Street This meeting was continued by request of the applicant to the June 16 th meeting by a motion of RB and a second by JV with a unanimous roll call vote to approve the motion. Under Lunenburg Protective By Law chapter 335, the Lunenburg Conservation Commission will hold a public hearing for a Notice of Intent by Richard Tremblay for work at 386 Sunset Lane for repairs to five existing retaining wall, the construction of a kay ak rack, the reinforcement of existing fencing, the removal of a stump, the replacement of 2 existing concrete patios, and the removal and replacement of an existing driveway Ryan Vickers was present to represent the applicant. Richard Termblay was also present. It was noted that the issues with DEP were resolved and a file number was issued. Mr.Vickers removed the changes proposed to the plans. IT was noted by Mr. Vickers that the proposed work is going to on the applicant’s property only. The methodologies of the work were outlined. KJ asked of the sheet piles were permanent? The response was yes. JR examined the overall protection of the slope. Mr Vickers noted that the materials would be craned in the middle section. It was noted that there appeared to be no potential issue for tree removal, however if issue s were encountered, the applicant is aware they would have to come back to the commission. There is only one stump by the applicant ;s shed proposed to be ground. Richard Tremblay noted that there would only be one piece of equipment on his property and will not be on the sand nor the water, He acknowledged that if trees were to be removed that he would come back to the commission. Carl Luck speaking as an abutter noted that there was some excellent solutions and wanted to reiterate that his walls will be secured. Mr Vickers noted yes. CL noted that when his walls would need to eventually be replaced would it result in a need to go onto the Tremblay’s properties. Mr. Vickers noted that Mr Luck could employ a similar technique that Mr Tremblay was proposing. Mr. Luck noted that he could excavate from the sheet up to the metal and use a similar technology. Mr Vickers answered yes. CL noted that there may be some pruning of trees to be done and if Mr Tremblay. MM Noted that an amendment would require notification. Mr Luck asked if there could be a condition added that he be notified of any modifications. He asked where the tree was being removed resulting in a portion of the fence being taken down noting that the fence was attached on the backside which would require a ccess from his property and asked how that process would unfold? He also noted two other areas of fence that may need to be addressed. JR motioned to issue an order of conditions with the condition that abutter Carl Luck be notified of any modifications proposed in the field. KJ seconded and the commission voted unanimously. Mr Tremblay clarified with BP that the threshold was if any changes were required that rose to the level of coming back to the commission then it would trigger the notification. Joanna Bilotta asked if pruning were required would that have to come back to the commission? BP noted that if the agent determined there was a requirement to go back to the commission, then the abutter notification. Hearings Continued to June 16, 2021 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 a Determination of Applicability for work at 73 Peninsula Drive by Daniel Murphy will be held. Work proposed is the removal of trees within the buffer zone. ===PAGE 7=== Old Business- ENFORCEMENT: Violations (Enforcement Actions and Administrative Hearings). Leominster Road- Illegal Dumping activity MM asked the comm ission if we want to proceed with the town filing a notice of Intent or an enforcement order. KJ noted that he felt that there should be a notice of intent filed. JR and BP expressed agreement with KJ. MM will tell the town to file a notice of Intent. EO 615 Townsend Street- monitoring timeline and work NON 467 Lancaster Ave – Monitoring site regrowth through the 2021 growing season EO Fire Road 16- Clean up to commence- for next meeting NON 48 Oak Ridge – working on a new RDA EO 205 Arbor Street -Waiting for DEP NON 37 Pearl – Owner to file a RDA for work on his walkway NON 2 Brookview Terrace. Owner to file an RDA f For work over and above the former approval Encroachment on town property issue- BP is reviewing the documentation with MM New Business Update on trails grant – status report, if any. Certificates of Compliance Extension Permit – Committee Reports – Any Updates Administrator’s Reports/action items: Administrator’s determination – 54 Pine Acres Drive Removal of three trees- Open space and land and Trail use issues and strategies:  Forestry Planning /Encroachment on town open space ( draft plan discussion) Update on Rayno/Hollis road for scheduled June 16, 2021 meeting The Commission requested an advertisement be placed for the benefit of the public.  Communications / public comment : BP is working with the hunting hills abutters. KJ noted that the mower for the Hollis Road property needs replacement, and he purchased a new lawnmower. The cost was 300 dollars. JR moved to reimburse KJ the 30 dollars for the purchase. CC seconded and the commission voted unanimously with KJ abstaining. ===PAGE 8=== RB noted he was seeking a more stand operating procedure for waiver request. MM p rovided a form for a waiver request and asked that he issue it for the application for waiver. He noted that the NOI handout should require colored lines and that the applicants should fo llow it. BP noted that at a future time that he would eventually exam ine time for handouts and content on the website. CL thanked the commission for all of the hard work that the commission does. He wished the commission well and hope they have great success in the future. He noted he enjoyed his experience with the commiss ion. The commission wished Carl well on his retirement. Adjourn The meeting was adjourned by a motion of RB and a second by JR and there was a unanimous vote of the commission. 10:20 PM Meeting schedule: Next meeting is June 16, 2021 at 7:00 PM ===PAGE 9=== ======================================================================================== DOCUMENT : 2021-06-16-agenda-6298.txt BOARD : conservation-commission DATE : 2021-06-16 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2021-06-16-agenda-6298.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_06162021-6298 ======================================================================================== ===PAGE 1=== Town of Lunenburg Conservation Commission Bob Pease, Chair Tel: (978) 582-4146 Kenneth Jones, Vice-Chair 960 Massachusetts Ave. Richard Bursch Lunenburg, MA 01462 Catie Childs Jack Rabbitt Matthew S. Marro, Jeffrey Viviano Conservation Administrator Michael Larouche, Associate JUNE 16, 2021 7:00 PM . NOTICE OF MEETING IN PERSON: Bilotta Meeting Room, 2nd floor, 17 Main Street In accordance with the requirements of the Open Meetings Law, please be advised that this meeting is being Audio/Video Recorded. The agenda lists all the topics which may be discussed at the meeting and are those reasonably anticipated by the Chair. Votes may be taken as a result of these discussions. Not all items listed may in fact be discussed and other items not listed may also be brought up for discussion to the extent permitted by Open Meeting Law. ZOOM OPTION: Topic: Conservation Commission (with Passcode) Time: Jun 16, 2021 07:00 PM Eastern Time (US and Canada) Join Zoom Meeting https://us02web.zoom.us/j/89865870165?pwd=YVZQQ05vN05kRWJ4MCs0c2pWc0dLZz09 Meeting ID: 898 6587 0165 Passcode: 613739 One tap mobile +13017158592,,89865870165# US (Washington DC) +13126266799,,89865870165# US (Chicago) Dial by your location +1 301 715 8592 US (Washington DC) +1 312 626 6799 US (Chicago) +1 929 205 6099 US (New York) +1 253 215 8782 US (Tacoma) +1 346 248 7799 US (Houston) +1 669 900 6833 US (San Jose) 888 475 4499 US Toll-free 877 853 5257 US Toll-free Meeting ID: 898 6587 0165 Find your local number: https://us02web.zoom.us/u/k6DuedKZ3 ===PAGE 2=== AGENDA Call to Order Announcements Public Comment Comments are to be limited to 3 minutes and on a subject matter under the direct jurisdiction of the commission. Comments about current agenda items are to be made during the comment period of the specific agenda item. Minutes of previous meetings –June 2, 2021 Appointments/Hearings –commences at 7 PM Appointments: Forestry Planning /Encroachment on town open space ( draft plan discussion) Gary Gouldrup  LSIC- annual treatment 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 a determination 90 Wilder Road by The Wilder Beach Association will be held. Work proposed is addition of a doc k 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 at 163 Beal Street Margaret and Allison Brooks. Work proposed is a septic upgrade 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 a determination at 39 Cliffview Terrace by Neil Sullivan will be held. Work proposed is replacement of a doc k and the removal of 13 Hemlock Trees. 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 a determination 4 Brook view Terrace by John Leblanc will be held. Work proposed is addition of sand to a beach 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 at 250 Howard Street by Joel Normandin will be held. Work proposed is for multiple crossings of a wetland to accommodate an access driveway. 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 a delineation of a resource area at 988 Reservoir Road by John Keating will be held. 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 at 326 Highland Street by Steve Fenner for the placement of a swimming pool, landscaping and tree removal within the buffer zone. 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 Town of Lunenburg for a replacement of the bridge at Flatt Hill Road adjacent to 878 Flatt Hill Road ( note 878 Flatt Hill is a private residence used for reference purposes only) 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 Kevin Hill for work at 41 Country Road will be held. Work proposed is the construction of a single f amily home, driveway and septic grading within the buffer zone. 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 a determination for work on beach raking at 90 Ruth Street by Brian Dalmasso. 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 The Town of Lunenburg, Thomas WU and Scott Benjamin will be held. Work proposed Restoration of a parking area to a naturalized state on town property at Fire Road 12 Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing ===PAGE 3=== on a Notice of Intent by Christopher and Suzanne DeGeorge will be held. Work proposed is improvement of access to Lake Shirley and control of erosion within 100-feet of a wetland resource area at 48 Pearl Street. Pursuant to MGL ch 131, s 40 as amended and Under Lunenburg Protective By Law chapter 335, the Lunenburg Conservation Commission will hold a public hearing for a Notice of Intent by Cynthia Ritchie for work at 137 Flynn Road to build a natural stone wall along the waterfront to protect against future erosion of the edges of the land and beach. Pursuant to MGL ch 131, s 40 as amended and Under Lunenburg Protective By Law chapter 335, the Lunenburg Conservation Commission will hold a public hearing for a Notice of Intent by Empire Management Corp for work at 757 Chase Road for the demolition and reconstruction of a Commercial building with grading and parking Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing o n a Notice of Intent by MA Pleasant LLC will be held. Work propos ed is construction of a six lot subdivision, Roadway, utilities and a proposed wetland crossing at 101 Pleasant Street 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 a Determination of Applicability for work at 73 Peninsula Drive by Daniel Murphy will be held. Work proposed is the removal of trees within the buffer zone Old Business- ENFORCEMENT: Violations (Enforcement Actions and Administrative Hearings). Leominster Road- Illegal Dumping activity EO 615 Townsend Street- monitoring time line NON 467 Lancaster Ave – Monitoring site regrowth through the 2021 growing season EO Fire Road 16- Clean up to commence NON 48 Oak Ridge EO 205 Arbor Street NON 37 Pearl NON 2 Brookview NON 23 Cove Road New Business Update on trails grant – status report, if any. Certificates of Compliance- Paul Gougen- Reservoir Road Extension Permit – Committee Reports – Any Updates Administrator’s Reports/action items: Administrator’s determination – 54 Pine Acres Drive Removal of three trees Open space and land and Trail use issues and strategies: Communications / public comment Adjourn Meeting schedule: Next meeting is July 7, 2021 at 7:00 PM ===PAGE 4=== ======================================================================================== DOCUMENT : 2021-07-07-agenda-6271.txt BOARD : conservation-commission DATE : 2021-07-07 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2021-07-07-agenda-6271.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_07072021-6271 ======================================================================================== ===PAGE 1=== Town of Lunenburg Conservation Commission Bob Pease, Chair Tel: (978) 582-4146 Patricia Adams 960 Massachusetts Ave. Richard Bursch Lunenburg, MA 01462 Catie Childs Jack Rabbitt Matthew S. Marro, Jeffrey Viviano Conservation Administrator Michael Larouche July 7, 2021 7:00 PM . NOTICE OF MEETING By ZOOM REMOTE In accordance with the requirements of the Open Meetings Law, please be advised that this meeting is being Audio/Video Recorded. The agenda lists all the topics which may be discussed at the meeting and are those reasonably anticipated by the Chair. Votes may be taken as a result of these discussions. Not all items listed may in fact be discussed and other items not listed may also be brought up for discussion to the extent permitted by Open Meeting Law. This meeting of the Conservation Commission will be held By Zoom at the Link provided on this notice. ZOOM Link: Topic: Conservation Commission Time: Jul 7, 2021 07:00 PM Eastern Time (US and Canada) Join Zoom Meeting https://us02web.zoom.us/j/88411157038 Meeting ID: 884 1115 7038 One tap mobile +19292056099,,88411157038# US (New York) +13017158592,,88411157038# US (Washington DC) Dial by your location +1 929 205 6099 US (New York) +1 301 715 8592 US (Washington DC) +1 312 626 6799 US (Chicago) +1 669 900 6833 US (San Jose) +1 253 215 8782 US (Tacoma) +1 346 248 7799 US (Houston) 877 853 5257 US Toll-free 888 475 4499 US Toll-free Meeting ID: 884 1115 7038 Find your local number: https://us02web.zoom.us/u/k5QIevDw ===PAGE 2=== AGENDA Call to Order Announcements Public Comment Comments are to be limited to 3 minutes and on a subject matter under the direct jurisdiction of the commission. Comments about current agenda items are to be made during the comment period of the specific agenda item. Minutes of previous meetings –June 16, 2021 Appointments/Hearings –commences at 7 PM Appointments: • Review of Draft Rayno and Hollis Road Forest Cutting Plans Gary Gouldrup • LSIC- annual treatment • HHL Field change request for alum treatment 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 a Determination by Petricca Residence Trust for work at 207 Fire Road 16 will be held. Work proposed is for the repair of a septic system. 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 at 326 Highland Street by Steve Fenner for the placement of a swimming pool, landscaping and tree removal within the buffer zone. 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 The Town of Lunenburg, Thomas WU and Scott Benjamin will be held. Work proposed Restoration of a parking area to a naturalized state on town property at Fire Road 12 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 a delineation of a resource area at 988 Reservoir Road by John Keating will be held. 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 at 163 Beal Street Margaret and Allison Brooks. Work proposed is a septic upgrade 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 a determination 4 Brook view Terrace by John Leblanc will be held. Work proposed is addition of sand to a beach 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 at 250 Howard Street by Joel Normandin will be held. Work proposed is for multiple crossings of a wetland to accommodate an access driveway. 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 Town of Lunenburg for a replacement of the bridge at Flatt Hill Road adjacent to 878 Flatt Hill Road ( note 878 Flatt Hill is a private residence used for reference purposes only) 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 MA Pleasant LLC will be held. Work proposed is construction of a six lot subdivision, Roadway, utili ties and a proposed wetland crossing at 101 Pleasant Street ===PAGE 3=== CONTINUED TO JULY 21, 2021 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 and Suzanne DeGeorge will be held. Work proposed is improvement of access to Lake Shirley and control of erosion within 100-feet of a wetland resource area at 48 Pearl Street. Pursuant to MGL ch 131, s 40 as amended and Under Lunenburg Protective By Law chapter 335, the Lunenburg Conservation Commission will hold a public hearing for a Notice of Intent by Cynthia Ritchie for work at 137 Flynn Road to build a natural stone wall along the waterfront to protect against future erosion of the edges of the land and beach. 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 a determination 90 Ruth Street by Brian Dalmaso will be held. Work proposed is addition of sand to a beach. Old Business- ENFORCEMENT: Violations (Enforcement Actions and Administrative Hearings). Leominster Road- Illegal Dumping activity NON 467 Lancaster Ave – Monitoring site regrowth through the 2021 growing season NON 48 Oak Ridge EO 205 Arbor Street NON 37 Pearl NON 23 Cove Road New Business Election of officers (If all members are present) Request to survey and mark additional property lines of Cowdrey lot near Townsend Harbor Road Scheduling public hearings to amend Land Use Plans for Table Rock and Lane Properties 40B project at 318, 390, and 400 Howard Street for 200 units of rental housing with possible site visit Thursday, July 8th at 1p.m Update on trails grant – status report, if any. Certificates of Compliance Extension Permit – Committee Reports – Any Updates Administrator’s Reports/action items: Administrator’s determination – 54 Pine Acres Drive Removal of three trees 50 Sunset Lane, Carl Luck 22 Brookview, Zeke Sampson Open space and land and Trail use issues and strategies: Communications / public comment Adjourn Meeting schedule: Next meeting is July 21, 2021 at 7:00 PM ======================================================================================== DOCUMENT : 2021-07-07-minutes-6271.txt BOARD : conservation-commission DATE : 2021-07-07 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2021-07-07-minutes-6271.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_07072021-6271 ======================================================================================== ===PAGE 1=== Town of Lunenburg Conservation Commission Bob Pease, Chair Tel: (978) 582-4146 Richard Bursch, Vice Chair 960 Massachusetts Ave. Patricia Adams Lunenburg, MA 01462 Catie Childs Jack Rabbitt Matthew S. Marro, Jeffrey Viviano Conservation Administrator Michael Larouche July 7, 2021 7:00 PM . By ZOOM REMOTE In accordance with the requirements of the Open Meetings Law, please be advised that this meeting is being Audio/Video Recorded. The agenda lists all the topics which may be discussed at the meeting and are those reasonably anticipated by the Chair. Votes may be taken as a result of these discussions. Not all items listed may in fact be discussed and other items not listed may also be brought up for discussion to the extent permitted by Open Meeting Law. This meeting of the Conservation Commission will be held By Zoom at the Link provided on this notice. ZOOM Link: Topic: Conservation Commission Time: Jul 7, 2021 07:00 PM Eastern Time (US and Canada) Join Zoom Meeting https://us02web.zoom.us/j/88411157038 Meeting ID: 884 1115 7038 One tap mobile +19292056099,,88411157038# US (New York) +13017158592,,88411157038# US (Washington DC) Dial by your location +1 929 205 6099 US (New York) +1 301 715 8592 US (Washington DC) +1 312 626 6799 US (Chicago) +1 669 900 6833 US (San Jose) +1 253 215 8782 US (Tacoma) +1 346 248 7799 US (Houston) 877 853 5257 US Toll-free 888 475 4499 US Toll-free Meeting ID: 884 1115 7038 Find your local number: https://us02web.zoom.us/u/k5QIevDw ===PAGE 2=== MINUTES final amended Call to Order Announcements The meeting was called to Order at 7PM by Chairman Pease. He noted MM was on vacation and as such would not be at the meeting. BP welcomed two new members Michael Larouche and Patricia Adams. All members were present (JV attended later in the meeting) Public Comment Comments are to be limited to 3 minutes and on a subject matter under the direct jurisdiction of the commission. Comments about current agenda items are to be made during the comment period of the specific agenda item. Minutes of previous meetings –June 16, 2021 The minutes were accepted with Scribner revisions by a motion of RB and a second by JR and a unanimous roll call vote to approve the minutes Appointments/Hearings –commences at 7 PM Appointments:  Review of Draft Rayno and Hollis Road Forest Cutting Plans Gary Gouldrup was present and outlined the cutting plans BP noted that he felt the skid trails should have estimated widths be noted on the plans. RB noted that the main parking lot ( Hollis Road )would have improved access and better markings with an improved access trail by the butterfly habitat. He noted that the cutting access area was slated to be the water district property to ensure that it would not be detrimental to the parking and access areas. RB also reminded on the Hollis Road we would leave some debris behind for enhancing the bird habitat. The chair noted as he requested this item be advertised in the legal notices he welcomed public input. ( there was no public input ). RB asked if the increase in lumber values would affect the project with increased revenue. Mr. Gouldrup noted no and the reasons why. RB asked how we were bidding the project, Mr. Gouldrup indicated they should go together and he is examining the wood chip market currently due to a shortage of good quality chip however, he is still examining it. RB asked in there is any rough specs for the trail and parking area? RB indicated a preference for a flat graveled area however, indicated it could be considered at a later time, Mr. Gouldrup did review the specs involved and the equipment a bidder would have to meet. He also asked if the DPW could potentially improve the parking lot to save cost. Paula Bertram noted to the commission the snow riders and Hickory Hills Association would volunteer to help with a parking lot as they have equipment available and experience with other open space lots.ML asked who would do the better job of doing the parking lot. JR noted he would like to see all the work in one package and having the leverage for holding the contractor / bidder responsible. CC noted that she did not think it would be a bad idea for one package. PA noted she would like to see it all on one bid and perhaps there could be the volunteers added into the scope in order to bring the costs down. BP examined the RAYNO proposed cutting plan and suggested that some of the trail that goes from one end to the other end of the property be established and left clear of debris and ensure the skid trails are not too wide similar to the items spelled out in the Hawes Road proposal. JR and BP examined proximity to the abutters lots. Mr. Gouldrup noted some encroachment onto the Conservation Land. ( A trailer parked in the town land). RB suggested leaving a 100 foot buffer from the property line. BP indicated he wasn’t sure it would be necessary in all of the areas of the cut. RB suggested staying on the east side of the stone wall in the S-2 area. BP spoke to future access to connect the RYANO parcel to the Table Rock Parcel. The size of the landing zone was determined to be approximately one acre and could serve as a parking area.  LSIC- annual treatment This matter was moved to the July 21, 2021 agenda ===PAGE 3===  HHL Field change request for alum treatment – Paula Bertram outlined the extent of the algae issue for the commission and requested per mission to use Diquat or Imamza mox at Hemlock Beach. RB asked what the phosphate reading was at the beach. Paula Bertram noted only the deep area and the surface of the lake were completed and found to be normal however, provisions are being made to fund extra testing for storm water outle ts. Joan Pease reviewed the areas of higher phosphate and explained the chemical principles for phosphate treatment. And how it is effective. Nicole Waters expressed support for the proposal; and asked if the HHL Board consulted with ESS. Joan Pease explained the mixing of waters and the reasons why the treatment would be effective. PA expressed support to treat the area and fix the problem. RB moved to approve the treatment as a field change with the added condition they will test Phosphate both pre and post and the office would have a map of the treatment area 72 hours prior to treatment. CC seconded and the commission unanimously approved by roll call vote. 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 a Determination by Petricca Residence Trust for work at 207 Fire Road 16 will be held. Work proposed is for the repair of a septic system. Maryann Dipinto and Dan Proctor represented the applicant. They outlined the project for the commission. RB made a motion for a negative (3) determination. CC seconded and the commission voted to unanimously to approve the motion by roll call. NOTE JV appeared at this point in the meeting at 8:08 PM 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 at 326 Highland Street by Steve Fenner for the placement of a swimming pool, landscaping and tree removal within the buffer zone. NOTE : RB RECUSED FROM THIS HEARING. Mark Bursch noted that there was still no DEP number as of yet. JV noted that the only item he had to speak to was the trees marked on the north side, he felt they did not need to be removed. BP agreed. He noted that there was no valid concern of the trees falling on a septic system in the future although, in agreement with the applicant, there was no real issue with pruning. The meeting wa s continued to July 21, 2021 by a motion of JV and a second by JR with a unanim ous roll call vote to approve the motion. 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 The Town of Lunenburg, Thomas WU and Scott Benjamin will be held. Work proposed Restoration of a parking area to a naturalized state on town property at Fire Road 12 A motion to approve an Order of Conditions with a letter from Town Counsel to the applicants outlining timelines and responsi bilities by RB with a second by CC and a unanimous vote to approve with PA abstaining from the vote. 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 a delineation of a resource area at 988 Reservoir Road by John Keating will be held. Brian Butler noted the final issue was awaiting the DEP to issue the file number. RB moved to approve the delineation as presented. JV seconded and the commission voted unanimously by roll call vote (PA abstained)(ML Abstained) 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 at 163 Beal Street Margaret and Allison Brooks. Work proposed is a septic upgrade Greg Roy represented the applicant Mr. Roy reviewed the revisions the commission requested. RB noted that DEP had a comment on the method of delineation. RB requested that the report be forwarded on. RB moved to approve an Order of Conditions with a condition that the Order not be handed out until the wetland delineation report was submitted. CC seconded and the commission voted unanimously (PA abstained)(ML abstained) ===PAGE 4=== 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 a determination 4 Brook view Terrace by John Leblanc will be held. Work proposed is addition of sand to a beach . The applicant reviewed the scaled diagram sent in by the applicant per the commission request. A motion was made for a negati ve (3 ) determination by JV with a second by CC with a unanimous vote to approve with RB, PA and ML abstaining. 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 at 250 Howard Street by Joel Normandin will be held. Work proposed is for multiple crossings of a wetland to accommodate an access driveway. Greg Roy and Joel Normandin were present to represent the applicant. Mr Roy addressed the commission comments from the previous meeting being most noteworthy that the wetland filling is a limited project category as the lot is within the Squa nassitt ACEC. He enclosed the limited project provisions of the regulations in an exhibit. JR inquired as to the amount of the crossing tha t was within the 30 foot no touch zone ( ans. 15,000 sq ft ). JR asked about the amount of trees being taken out. Mr. Roy noted that the disturbance for the driveway was very minimal to keep disturbance to as low as possible. JR outlined what he felt was the impacts. He not ed the trees and the location of the crossing being a head waters of the Mulpus Brook and noted there was no turnaround. Mr. Roy noted that the turnaround would be out of the buffer zone. RB and JR noted that tree replacement is required within the 50 foot no struc ture zone and that should be examined . RB requested and adjustment of the density of the p lantings He did note that there was a right by the applicant to access the upland and he thought the applicant did a good job attempting to minimize impacts however, some more refinement was needed. Andrea Adams asked if the trees could tolerate being on a hummock and how would the roots tolerate the adaptation. Greg Roy noted that the over story vegetation was similar and were considered facultative for the most part and were showing adaptive properties on site presently. Mr. Roy read the replication const ruction narrative. He noted that post construction of the driveway the majority of the canopy would still be intact. JV noted that he felt they have done a great job of planning for the impacts to the wetlands. BP spoke to the location of tree planting and expressed it was limited to the existing fields. JR noted that although the driveway is listed as 12 feet with the walls and other items there would be a total of 18 to 20 feet wide of disturbance. Mr. Roy noted that the retaining walls are proposed to keep the grading to a minimum to allow for t he disturbance to be minimized. Jr asked If the driveway had to be paved? Mr. Roy noted that it is not and misspoke at the last meeting. JR indicated he woul d like a tree count. The applicant requested a continuance to the meeting of July 21 at 7 PM. RB moved to continue. JR seconded and th e commission voted unanimously (PA and ML abstaining) Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg W etlands Protection and Municipal Bylaws a public hearing on a Notice of Intent by Town of Lunenburg for a replacement of the bridge at Flatt Hill Road adjacent to 878 Flatt Hill Road ( note 878 Flatt Hill is a private residence used for reference purposes only) Olivia Richards noted the adjusted and revised narrative that addressed the commissions issues . JR examined the maintenance of flows and flow integrity during the work to adjust for any extreme weather event. RB examined the conditions of the timing of the mobilization of the contractor to perform the work and if some of that is designed to allow consideration of drawdown. It was noted that planning was placed to allow for construction to take place within the period of high water as well. Andrea Adams noted that the applicant should do outreach to the immediate abutters to inform and educate them of potential impacts. RB moved to approve a n Order of Conditions CC seconded and the commission voted unanimously to approve.( PA and ML abstainin g ) 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 MA Pleasant LLC will be held. Work proposed is construction of a six lot subdivision, Roadway, utili ties and a proposed wetland crossing at 101 Pleasant Street The meeting was continued at the request of the applicant to the July 21, 2021 meeting. RB moved to continue to the July 21, 2021 meeting with the commission approving by roll call vote ( PA and ML abstaining ) CONTINUED TO JULY 21, 2021 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 and Suzanne DeGeorge will be held. Work proposed is improvement of access to Lake Shirle y and control of erosion within 100-feet of a wetland resource area at 48 Pearl Street. Pursuant to MGL ch 131, s 40 as amended and Under Lunenburg Protective By Law chapter 335, the Lunenburg Conservation Commission will hold a public hearing for a Notice of Intent by Cynthia Ritchie for work at 137 Flynn Road to build a natural stone wall along the waterfront to protect against future erosion of the edges of the land and beach. Motion to Continue to the July 21, 2021 meeting by PA with a second by JV and a unanimous vote to approve t he motion. ===PAGE 5=== Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing o n a Request for a determination 90 Ruth Street by Brian Dalmaso will be held. Work proposed is addition of sand to a b each. Motion to Continue to the July 21, 2021 meeting by JR with a second by CC and a unanimous vote to approve the motion. Old Business- ENFORCEMENT: Violations (Enforcement Actions and Administrative Hearings). Leominster Road- Illegal Dumping activity NON 467 Lancaster Ave – Monitoring site regrowth through the 2021 growing season NON 48 Oak Ridge EO 205 Arbor Street NON 37 Pearl NON 23 Cove Road New Business Election of officers (If all members are present) BP was nominated to be chair by RB with a second by CC and a unanimous roll call vote to approve the motion. RB was nominated by JR for vice chair. ML seconded and the commission voted unanimously to approve the motion by roll call vot e. CC nominated JR for the role of clerk. JR declined the nomination. RB nominated JV for clerk. BP seconded and the commission voted to approve the motion by roll call vote. Request to survey and mark additional property lines of Cowdrey lot near Townsend Harbor Road Scheduling public hearings to amend Land Use Plans for Table Rock and Lane Properties BP noted at the BOS meeting he had reviewed a letter he sent requesting a survey of 192 Townsend Harbor Road and the sidelines of the cowdery lot He requested to add to the initial request to also survey the sidelines along the frontage access to the Harley ADA wildlife viewing platform and to add permanent stakes at those areas. RB moved to do such, CC seconded and the commission voted unanimously by roll call vote. 40B project at 318, 390, and 400 Howard Street for 200 units of rental housing with possible site visit Thursday, July 8th at 1p.m – BP outlined the procedure for what is involved in a 40 B and that the commission would retain its ability to regulate the proposed project under 40 B regulations. He noted that there was no work proposed within the 30 and fifty foot local zones. Update on trails grant – status report, if any. Certificates of Compliance Extension Permit – Committee Reports – Any Updates Administrator’s Reports/action items: Administrator’s determination – 54 Pine Acres Drive Removal of three trees 50 Sunset Lane, Carl Luck 22 Brookview, Zeke Sampson Open space and land and Trail use issues and strategies: BP requested meeting for modifying the open space regulations concerning the need for a permit for bow hunting and may be taken up at the next meeting or the meeting after. Communications / public comment Adjourn Meeting schedule: Next meeting is July 21, 2021 at 7:00 PM The meeting adjourned at 9: 53 PM by a motion of JR and a second by RB and a unanimous vote approve by roll call vote ======================================================================================== DOCUMENT : 2021-07-21-agenda-6273.txt BOARD : conservation-commission DATE : 2021-07-21 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2021-07-21-agenda-6273.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_07212021-6273 ======================================================================================== ===PAGE 1=== Town of Lunenburg Conservation Commission Bob Pease, Chair Tel: (978) 582-4146 Richard Bursch, Vice Chair 960 Massachusetts Ave. Patricia Adams Lunenburg, MA 01462 Catie Childs Jack Rabbitt Matthew S. Marro, Jeffrey Viviano Conservation Administrator Michael Larouche July 21, 2021 7:00 PM . AGENDA 17 Main Street, Bilotta Meeting Room, 2’nd Floor and By ZOOM REMOTE In accordance with the requirements of the Open Meetings Law, please be advised that this meeting is being Audio/Video Recorded. The agenda lists all the topics which may be discussed at the meeting and are those reasonably anticipated by the Chair. Votes may be taken as a result of these discussions. Not all items listed may in fact be discussed and other items not listed may also be brought up for discussion to the extent permitted by Open Meeting Law. This meeting of the Conservation Commission also will be held by Zoom at the Link provided on this notice. Please note the available zoom option is for the convenience of the public. If any technical difficulties were to occur with zoom, the meeting will continue. If you wish to continue to participate, you must report to the location on this notice. Please be aware of this and plan accordingly. ZOOM INFORMATION: Topic: Conservation Commission Time: Jul 21, 2021 07:00 PM Eastern Time (US and Canada) Join Zoom Meeting https://us02web.zoom.us/j/82342165919 Meeting ID: 823 4216 5919 One tap mobile +13126266799,,82342165919# US (Chicago) +19292056099,,82342165919# US (New York) Dial by your location +1 312 626 6799 US (Chicago) +1 929 205 6099 US (New York) +1 301 715 8592 US (Washington DC) +1 346 248 7799 US (Houston) +1 669 900 6833 US (San Jose) +1 253 215 8782 US (Tacoma) 888 475 4499 US Toll-free 877 853 5257 US Toll-free Meeting ID: 823 4216 5919 Find your local number: https://us02web.zoom.us/u/kdvLM9Rtqa ===PAGE 2=== AGENDA Call to Order Announcements Public Comment Comments are to be limited to 3 minutes and on a subject matter under the direct jurisdiction of the commission. Comments about current agenda items are to be made during the comment period of the specific agenda item. Minutes of previous meetings –July 7, 2021 Appointments/Hearings –commences at 7 PM Appointments:  Review of Draft Rayno and Hollis Road Forest Cutting Plans Gary Gouldrup  LSIC- annual treatment plan NEW 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 o n a Request for a Determination by Jose Vasquez for work at 52 West Street will be held. Work proposed is for the installation of a swimming pool. Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing o n a Request for a Determination by Greg and Tina Kroll for work at 398 Sunset Lane will be held. Work proposed is for the replacement of 316 feet of retaining wall, demolition of a dwelling with a reconstruction of a replacement with modifications to the driveway and boat ramp. CONTINUED PUBLIC HEARING 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 Daniel Corey for work at 46 Pine Grove Road will be held. Work proposed is the removal of a partial sec tion of Deck and an addition to a single family home Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing o n a Notice of Intent at 326 Highland Street by Steve Fenner for the placement of a swimming pool, l andscaping and tree removal within the buffer zone Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing o n a Notice of Intent at 250 Howard Street by Joel Normandin will be held. Work proposed is for multiple crossings of a wetland to accommodate an access driveway. Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing o n a Request for a determination 90 Ruth Street by Brian Dalmaso will be held. Work proposed is addition of san d to a beach. Continued to August 4, 2021 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 and Suzanne DeGeorge will be held. Work proposed is improvement of access to Lake Shirle y and control of erosion within 100-feet of a wetland resource area at 48 Pearl Street. Pursuant to MGL ch 131, s 40 as amended and Under Lunenburg Protective By Law chapter 335, the Lunenburg Conservation Commission will hold a public hearing for a Notice of Intent by Cynthia Ritchie for work at 137 Flynn Road to build a natural stone wall along the waterfront to protect against future erosion of the edges of the land and beach. 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 MA Pleasant LLC will be held. Work proposed is construction of a six lot subdivision, Roadway, utili ties and a proposed wetland crossing at 101 Pleasant Street. ===PAGE 3=== Old Business- ENFORCEMENT: Violations (Enforcement Actions and Administrative Hearings). Leominster Road- Illegal Dumping activity NON 467 Lancaster Ave – Monitoring site regrowth through the 2021 growing season NON 48 Oak Ridge EO 205 Arbor Street NON 37 Pearl NON 23 Cove Road New Business – review of encroachment onto all conservation properties using the assessors ortho photographs. Update on trails grant – status report, if any. Certificates of Compliance – 208-552 360 New West Townsend Road Extension Permit – Committee Reports – Any Updates Administrator’s Reports/action items: Administrator’s determination – 54 Pine Acres Drive Removal of three trees 50 Sunset Lane, Carl Luck 22 Brookview, Zeke Sampson Open space and land and Trail use issues and strategies: Communications / public comment Adjourn Meeting schedule: Next meeting is August 4, 2021 at 7:00 PM BY ZOOM PLATFORM ======================================================================================== DOCUMENT : 2021-08-04-agenda-6275.txt BOARD : conservation-commission DATE : 2021-08-04 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2021-08-04-agenda-6275.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_08042021-6275 ======================================================================================== ===PAGE 1=== Town of Lunenburg Conservation Commission Bob Pease, Chair Tel: (978) 582-4146 Richard Bursch, Vice Chair 960 Massachusetts Ave. Patricia Adams Lunenburg, MA 01462 Catie Childs Jack Rabbitt Matthew S. Marro, Jeffrey Viviano Conservation Administrator Michael Larouche August 4, 2021 7:00 PM . AGENDA ZOOM REMOTE In accordance with the requirements of the Open Meetings Law, please be advised that this meeting is being Audio/Video Recorded. The agenda lists all the topics which may be discussed at the meeting and are those reasonably anticipated by the Chair. Votes may be taken as a result of these discussions. Not all items listed may in fact be discussed and other items not listed may also be brought up for discussion to the extent permitted by Open Meeting Law. This meeting of the Conservation Commission will be held by Zoom at the Link provided on this notice. ZOOM INFORMATION: Town of Lunenburg is inviting you to a scheduled Zoom meeting. Topic: Conservation Commission Time: Aug 4, 2021 07:00 PM Eastern Time (US and Canada) Join Zoom Meeting https://us02web.zoom.us/j/83262558841 Meeting ID: 832 6255 8841 One tap mobile +19292056099,,83262558841# US (New York) +13017158592,,83262558841# US (Washington DC) Dial by your location +1 929 205 6099 US (New York) +1 301 715 8592 US (Washington DC) +1 312 626 6799 US (Chicago) +1 669 900 6833 US (San Jose) +1 253 215 8782 US (Tacoma) +1 346 248 7799 US (Houston) 888 475 4499 US Toll-free 877 853 5257 US Toll-free Meeting ID: 832 6255 8841 Find your local number: https://us02web.zoom.us/u/kc1dEKUEeT ===PAGE 2=== AGENDA Call to Order Announcements Public Comment Comments are to be limited to 3 minutes and on a subject matter under the direct jurisdiction of the commission. Comments about current agenda items are to be made during the comment period of the specific agenda item. Minutes of previous meetings –July 21, 2021 Appointments/Hearings –commences at 7 PM Appointments:  Field change request 16 Ruth Street CONTINUED PUBLIC HEARING 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 a Determination by Jose Vasquez for work at 52 West Street will be held. Work proposed is for the installation of a swimming pool. 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 a Determination by Greg and Tina Kroll for work at 398 Sunset Lane will be held. Work proposed is for the repla cement of 316 feet of retaining wall, demolition of a dwelling with a reconstruction of a replacement with modifications to the driveway and boat ramp. Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Byl aws a public hearing on a Notice of Intent by MA Pleasant LLC will be held. Work proposed is construction of a six lot subdivision, Roadway, utili ties and a proposed wetland crossing at 101 Pleasant Street. To Be Continued to August 18, 2021 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 and Suzanne DeGeorge will be held. Work proposed is improvement of access to Lake Shirley and control of erosion within 100-feet of a wetland resource area at 48 Pearl Street. Pursuant to MGL ch 131, s 40 as amended and Under Lunenburg Protective By Law chapter 335, the Lunenburg Conservation Commission will hold a public hearing for a Notice of Intent by Cynthia Ritchie for work at 137 Flynn Road to build a natural stone wall along the waterfront to protect against future erosion of the edges of the land and beach . (Consider a longer cont inuance period?) NEW BUSINESS - LAND USE MANAGEMENT UPDATE The Conservation Commission will be holding a hearing for updating land use management plans for the Lane property ( Holman Street )and Table Rock ( Saliba property on Howard Street), the meeting is scheduled August 18, 2021 at 7 PM the Bilotta Meeting Room, Second Floor, Town Hall, 17 Main Street and by zoom . The public is invited to attend. Tree standards - discussion Authorization for License to Hay Pleasant Street Old Business- review of encroachment onto all conservation properties using the assessors ortho photographs. ===PAGE 3=== ENFORCEMENT: Violations (Enforcement Actions and Administrative Hearings). Leominster Road- Illegal Dumping activity NON 48 Oak Ridge EO 205 Arbor Street NON 37 Pearl NON 23 Cove Road Update on trails grant – status report, if any. Certificates of Compliance – Extension Permit – Committee Reports – Any Updates Administrator’s Reports/action items: Administrator’s determination – Tom Bertram 312 Townsend Harbor Road- 1 tree John Gallagher 376 Sunset 1 Pine Open space and land and Trail use issues and strategies: Communications / public comment Adjourn Meeting schedule: Next meeting is August 18, 2021 at 7:00 PM at 17 MAIN STREET SECOND FLOOR BY ZOOM PLATFORM ======================================================================================== DOCUMENT : 2021-08-04-minutes-6275.txt BOARD : conservation-commission DATE : 2021-08-04 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2021-08-04-minutes-6275.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_08042021-6275 ======================================================================================== ===PAGE 1=== Town of Lunenburg Conservation Commission Bob Pease, Chair Tel: (978) 582-4146 Richard Bursch, Vice Chair 960 Massachusetts Ave. Patricia Adams Lunenburg, MA 01462 Catie Childs Jack Rabbitt Matthew S. Marro, Jeffrey Viviano Conservation Administrator Michael Larouche August 4, 2021 7:00 PM . MINUTES ZOOM REMOTE In accordance with the requirements of the Open Meetings Law, please be advised that this meeting is being Audio/Video Recorded. The agenda lists all the topics which may be discussed at the meeting and are those reasonably anticipated by the Chair. Votes may be taken as a result of these discussions. Not all items listed may in fact be discussed and other items not listed may also be brought up for discussion to the extent permitted by Open Meeting Law. This meeting of the Conservation Commission will be held by Zoom at the Link provided on this notice. ZOOM INFORMATION: Town of Lunenburg is inviting you to a scheduled Zoom meeting. Topic: Conservation Commission Time: Aug 4, 2021 07:00 PM Eastern Time (US and Canada) Join Zoom Meeting https://us02web.zoom.us/j/83262558841 Meeting ID: 832 6255 8841 One tap mobile +19292056099,,83262558841# US (New York) +13017158592,,83262558841# US (Washington DC) Dial by your location +1 929 205 6099 US (New York) +1 301 715 8592 US (Washington DC) +1 312 626 6799 US (Chicago) +1 669 900 6833 US (San Jose) +1 253 215 8782 US (Tacoma) +1 346 248 7799 US (Houston) 888 475 4499 US Toll-free 877 853 5257 US Toll-free Meeting ID: 832 6255 8841 Find your local number: https://us02web.zoom.us/u/kc1dEKUEeT ===PAGE 2=== AGENDA Call to Order Announcements Public Comment Comments are to be limited to 3 minutes and on a subject matter under the direct jurisdiction of the commission. Comments about current agenda items are to be made during the comment period of the specific agenda item. JR noted he attended a meeting with Adam Costa regarding the proposed 40 B development. He noted that the commission should have something into the state for August 16, 2021. BP noted that he had reviewed the application materials and reviewed his opinion with the conservation commission previously. BP noted the current comments deal only with it qualifies as a genuine 40 B and noted deficiencies he spotted with Water and Sewer infrastructure. JR noted that Attorney Costa noted that the developer was working towards water and sewer availability with the developer aiming for subsequent development. Andrea Adams expressed concerns with the bridge replaced on Pleasant Street. BP noted that MM will examine it when he returns from vacation. Minutes of previous meetings –July 21, 2021 JV moved to approve the minutes as amended CC seconded and the commission vote unanimously to approve by roll call vote Appointments/Hearings –commences at 7 PM Appointments:  Field change request 16 Ruth Street Kenneth Kholstom reviewed the requirement for 6 trees to be planted from a prior determination. He noted based on is research new trees in the area planted to closely to the old trees will not be beneficial and also expressed concerns about root systems interfering with h is well. He requested planting a vegetative buffer instead. The Commission reviewed pictures submitted by the applicant. JR noted that the other trees were doing ok and was leaning towards putting more trees in a evaluating how they progress. He felt that there would be 5 trees that could be planted. JV reviewed the original issue with the applicant and the commission. BP reviewed the chain of events during the original filing and site walk. JR noted a precedent where revegetation was required and was executed after the house was sold. PA examined what the required number of trees would be under current regulation. BP also reviewed the tree replacement regulation. BP examined the lot and noted he was satisfied with three or four trees and no vegetative buffer. Mr Kohlstrom also pointed out the location of his well with a concrete cover and was concerned about tree roots interfering with the roots. JV noted that based on his knowledge of the site and agreed with BP that the smaller an\mount of trees was appropriate for shade value. Andrea Adams noted that a shade tolerant shrub like laurel would accomplish shade protection and address potential root concerns. CC noted that she was in agreement with BP. ML noted that he agreed with allowing a smaller number of trees and also noted he liked Andrea Adams suggestion about Laurel noting it may provide the same protection for the lake as trees in this area would. BP noted that a vegetative buffer would be consistent with adding Laurel. Mr Kohlstrom agreed with BP. BP asked the commission how they felt about substituting laurel for trees. JR noted that he would be satisfied with three trees and about six mountain laurel. Mr Kholstom offers to plant just mountain laurel in an amount larger than 6. JV agreed with using just mountain laurel. CC also agreed. PA noted that she would agree with perhaps 2 trees and laurel. ML noted that a shrub mix of laurel and blueberry would be beneficial. He also asked about potential dwarf trees. JV moved to approve six mountain laurel as within 10 feet of water’s edge on the northern side. PA seconded. JR asked for an amended motion to add four trees to the north side. JV declined the amendment to the motion. JR converted to a formal motion. There was no second and the motion was dropped. The original motion by JV was approved by a yes vote of BP, PA, JV, CC and ML and a No by JR. CONTINUED PUBLIC HEARING Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing o n a Request for a Determination by Jose Vasquez for work at 52 West Street will be held. Work proposed is for the installation of a swimming pool. ===PAGE 3=== The meeting was continued to August 18, 2021 by a motion of JV and a second of CC and a unanimous vote of the commission by roll call vote to approve. (PA and ML abstained) Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing o n a Request for a Determination by Greg and Tina Kroll for work at 398 Sunset Lane will be held. Work proposed is for the replacement of 316 feet of retaining wall, demolition of a dwelling with a reconstruction of a replacement with modifications to the driveway and boat ramp. The meeting was continued to August 18, 2021 by a motion of PA and a second of JV and a unanimous vote of the commission by roll call vote to approve. 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 MA Pleasant LLC will be held. Work proposed is construction of a six lot subdivision, Roadway, utili ties and a proposed wetland crossing at 101 Pleasant Street. The meeting was continued to August 18, 2021 by a motion of JV and a second of PA and a unanimous vote of the commission by roll call vote to approve. To Be Continued to August 18, 2021 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 and Suzanne DeGeorge will be held. Work proposed is improvement of access to Lake Shirle y and control of erosion within 100-feet of a wetland resource area at 48 Pearl Street. The meeting was continued to August 18, 2021 by a motion of JV and a second of CC and a unanimous vote of the commission by roll call vote to approve. (PA and ML abstained) Pursuant to MGL ch 131, s 40 as amended and Under Lunenburg Protective By Law chapter 335, the Lunenburg Conservation Commission will hold a public hearing for a Notice of Intent by Cynthia Ritchie for work at 137 Flynn Road to build a natural stone wall along the waterfront to protect against future erosion of the edges of the land and beach The meeting was continued to Sept 1, 2021 by a motion of JR and a second of CC and a unanimous vote of the commission by roll call vote to approve. This was moved based on input by MM that the design engineer noted to him that the survey work was behind in scheduling due to heavy volumes of work. (PA and ML abstained) NEW BUSINESS - LAND USE MANAGEMENT UPDATE The Conservation Commission will be holding a hearing for updating land use management plans for the Lane property ( Holman Street )and Table Rock ( Saliba property on Howard Street), the meeting is scheduled August 18, 2021 at 7 PM the Bilotta Meet ing Room, Second Floor, Town Hall, 17 Main Street and by zoom . The public is invited to attend. BP noted that a letter was sent out for the updated of the land use management plan. The purpose was to clarify the policy on Bow Hunting. The original plan was intended to work in concert with the land use regulations and to encourage residents to read the land use regulation. This was continued until next meeting due to the advertisement noting it was scheduled to the 18 th of August. Tree standards – discussion JR noted that one of the continual problems experienced is what defined a tree. He noted a definition based on a course he and ML had taken from a national professional organization. Defined as a woody plant with a height of at least 2 meters with a single stem or if Multi stemmed at least one vertical stemmed 5 cm in 2 inches in diameter breast height. He noted that he feels the commission should adopt this definition. ===PAGE 4=== BP wanted to know what problem is establishing a definition of a tree? JR noted it would make residents and engineers easier to understand. PA asked if there is a standard for the state of Massachusetts. JR noted that there is none however, he stated that the tree is universal. BP and JR discussed the definition of a tree. JR noted that we could supplement with a list of tree species. BP felt that we have tree replacement standard and reducing the tree standard to 2 inches would be over burdensome. JR noted that this is intended as a base definition. JV noted that some guidance could make sense however he recommended the minimum for tree replacement be 6 inches. ML noted that if the tree is not on the new England species list and could help avoid some confusion. ML noted that he felt 2 inches is pretty restrictive is too broad. He noted difficulties on purchasing larger diameter trees and most purchases are saplings.CC noted that she would like to see a minimum of a 4 inch diameter tree if a definition is adopted. BP noted that the existing regulations call for a minimum of 8 inch diameter DBH. He felt our existing regulations are sufficient as is. Jr noted that he was simply attempting to start a baseline. BP wants to have a full understanding of the intended and unintended implications. ML wanted to know should we think about longevity of trees and dwarf versus semi dwarf. BP used gray birch as an example versus a black oak for succession and life span. BP suggested taking the issue back up during a meeting with another light agenda and suggested doing a redline on the wetland regulations. Authorization for License to Hay Pleasant Street BP noted that Steve Debettencourt has been routinely haying the pleasant street property and requested the commission authorize BP to pursue a lease agreement. ML asked what was involved with the haying and if there was a profit being made. BP noted that there are other locations that need to be cut such as the Hunting Hill Property as part of the land use management. It was noted in a conversation with Matt Allison and he recommended a long term lease. ML moved to pursue a long term lease, JV seconded and the commission unanimously approved. Old Business- review of encroachment onto all conservation properties using the assessors ortho photographs. BP reviewed different conservation parcels that 2019 GIS orthos show encroachments in the forms of minor items like lawns, shed and driveways. ML suggested that we should send a friendly letter showing our evidence and make the owner aware of it and see if it stops. If there is a very large encroachment, we may wish to pursue it differently. He feels that the letters and potential follow up reminders establishes a record that we are watching. The remainder of commissioners echoed ML’s comments. JR felt that we should potentially following the letter up with inviting the owner to a meeting to have a face to face discussion. JR also noted that as the addresses were discussed at the meeting and notify those owners and invite them to come and comment. BP felt th at we should not do that as we may create more stress on the situation than we intended and there was no conclusions drawn at this point. BP will review the situation with Adam Costa at the next upcoming meeting. ENFORCEMENT: Violations (Enforcement Actions and Administrative Hearings). Leominster Road- Illegal Dumping activity NON 48 Oak Ridge EO 205 Arbor Street NON 37 Pearl ===PAGE 5=== NON 23 Cove Road Update on trails grant – status report, if any. Certificates of Compliance – Extension Permit – Committee Reports – Any Updates Administrator’s Reports/action items: Administrator’s determination – Tom Bertram 312 Townsend Harbor Road- 1 tree- BP noted it was a retroactive determination and outlined the situation behind the action. JR had been on site and note that it was a dead trees and noted that the small trees abutting it were not removed. JR agrees with MM’s determination and JV moved to accept it. ML seconded and the commission unanimously approved the motion. John Gallagher 376 Sunset 1 Pine – JV noted that he had been on site and that there was no planting of a replacement required and agreed with MM’s determination and moved to approve the determination. ML seconded and the commission voted to unanimously approve. Open space and land and Trail use issues and strategies: BP noted that he spoke to Pat Huckery from Fish and Wildlife and will be arranging a meeting between that state the commission rep and Shirley’s rep for hunting hill Communications / public comment - JR felt the town should have a response to the 40 B proposal on Howard Street to be submitted to the A ugust 16th deadline. BP felt that Boards and commission send in their comments to the Town Administrator and the Town Administrator and Town Counsel then send in a summary of comments. The current comments are geared towards eligibility to be approved und er 40 B regulations. BP also noted that the applicant will still have to file with the Conservation Commission under the State Wetland Protection Act. JR was under the impression based on the meeting he attended that the town may be expecting the commission to send something for comments out. BP noted to the commission if individual members have concerns that relate to conservation jurisdiction, please send in comment. It was noted the proposal ins within an ACEC Adjourn- the meeting was adjourned at 9:23 PM by a motion of PA and a second of JV and a unanimous roll call vote by the commission Meeting schedule: Next meeting is August 18, 2021 at 7:00 PM at 17 MAIN STREET SECOND FLOOR BY ZOOM PLATFORM AND IN PERSON ======================================================================================== DOCUMENT : 2021-08-18-agenda-6274.txt BOARD : conservation-commission DATE : 2021-08-18 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2021-08-18-agenda-6274.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_08182021-6274 ======================================================================================== ===PAGE 1=== Town of Lunenburg Conservation Commission Bob Pease, Chair Tel: (978) 582-4146 Richard Bursch, Vice Chair 960 Massachusetts Ave. Patricia Adams Lunenburg, MA 01462 Catie Childs Jack Rabbitt Matthew S. Marro, Jeffrey Viviano Conservation Administrator Michael Larouche August 18, 2021 7:00 PM . Agenda 17 Main Street -2nd Floor –Bilotta meeting Room And ZOOM REMOTE ( optional ) In accordance with the requirements of the Open Meetings Law, please be advised that this meeting is being Audio/Video Recorded. The agenda lists all the topics which may be discussed at the meeting and are those reasonably anticipated by the Chair. Votes may be taken as a result of these discussions. Not all items listed may in fact be discussed and other items not listed may also be brought up for discussion to the extent permitted by Open Meeting Law. This meeting of the Conservation Commission also will be held by Zoom at the Link provided on this notice. Please note the available zoom option is for the convenience of the public. If any technical difficulties were to occur with zoom, the meeting will continue. If you wish to continue to participate, you must report to the location on this notice. Please be aware of this and plan accordingly. ZOOM INFORMATION: Town of Lunenburg is inviting you to a scheduled Zoom meeting. Topic: Conservation Commission Time: Aug 18, 2021 07:00 PM Eastern Time (US and Canada) Join Zoom Meeting https://us02web.zoom.us/j/88341428843 Meeting ID: 883 4142 8843 One tap mobile +13126266799,,88341428843# US (Chicago) +19292056099,,88341428843# US (New York) Dial by your location +1 312 626 6799 US (Chicago) +1 929 205 6099 US (New York) +1 301 715 8592 US (Washington DC) +1 346 248 7799 US (Houston) +1 669 900 6833 US (San Jose) +1 253 215 8782 US (Tacoma) 888 475 4499 US Toll-free 877 853 5257 US Toll-free Meeting ID: 883 4142 8843 Find your local number: https://us02web.zoom.us/u/kdryHTVQGG ===PAGE 2=== AGENDA Call to Order Announcements Public Comment Comments are to be limited to 3 minutes and on a subject matter under the direct jurisdiction of the commission. Comments about current agenda items are to be made during the comment period of the specific agenda item. Minutes of previous meetings –August 4, 2021 Appointments/Hearings –commences at 7 PM Appointments: Review of Draft Rayno and Hollis Road Forest Cutting Plans Gary Gouldrup 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 at 441 Townsend Harbor Road by Nicholas Eaton for the rebuilding of a single family home and septic system , within the buffer zone. Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing o n a Notice of Intent at 535 Leominster Shirley Road by JMC/TBG Lunenburg LLC for the construction of a 372,000 square foot warehouse facility, within the buffer zone. CONTINUED PUBLIC HEARING Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing o n a Request for a Determination by Jose Vasquez for work at 52 West Street will be held. Work proposed is for the installation of a swimming pool. 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 a Determination by Greg and Tina Kroll for work at 398 Sunset Lane will be held. Work proposed is for the repla cement of 316 feet of retaining wall, demolition of a dwelling with a reconstruction of a replacement with modifications to the driveway and boat ramp. 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 MA Pleasant LLC will be held. Work proposed is construction of a six lot subdivision, Roadway, utili ties and a proposed wetland crossing at 101 Pleasant Street. To Be Continued to Sept 1, 2021 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 and Suzanne DeGeorge will be held. Work proposed is improvement of access to Lake Shirle y and control of erosion within 100-feet of a wetland resource area at 48 Pearl Street. This hearing has previously been continued to Sept 1, 2021 and will not be heard Pursuant to MGL ch 131, s 40 as amended and Under Lunenburg Protective By Law chapter 335, the Lunenburg Conservation Commission will hold a public hearing for a Notice of Intent by Cynthia Ritchie for work at 137 Flynn Road to build a natural stone wall along the waterfront to protect against future erosion of the edges of the land and beach NEW BUSINESS - LAND USE MANAGEMENT UPDATE The Conservation Commission will be holding a hearing for updating land use management plans for the Lane property ( Holman Street )and Table Rock ( Saliba property on Howard Street), the ===PAGE 3=== meeting is scheduled August 18, 2021 at 7 PM the Bilotta Meeting Room, Second Floor, Town Hall, 17 Main Street and by zoom . The public is invited to attend. Request for votes to authorizing change to status of Conservation Properties:  Request Town Counsel Draft Special Town Meeting articles transferring to the care and control of the Conservation Commission Parcel 162/004.0-0002-0000.0 @ 970 REAR N W TOWNSEND RD (NW Town Forest) and Parcel 162/085.0-0001-0000.0 @ 781 REAR PAGE ST (Fairbanks Land)  Request the Assessor make the following changes to the assessment data base if the changes have not already been made: Divide Parcel 162/028.0-0009-0000.0 into two parcels: The Front parcel with deed book 542 page 215 under the care and control of the Select Board and the rear parcel deed book 966 page 580 under the care and control of the Conservation Commission Reclassify as being under the care and control of the Select Board Parcel 162/135.0-0019-0000.0 @ 25 Fire Rd 19 (Lake Shirley Dam); Parcel 162/098.0-0025-0000.0 @ 75 Lakefront Ave (Whalom Waterfront); and Parcel 162/088.0-0031-0000.0 at 374 Page St (Oliver Lot) Role of the conservation commission in 40B applications Old Business- review of encroachment onto all conservation properties using the assessors ortho photographs. ENFORCEMENT: Violations (Enforcement Actions and Administrative Hearings). Leominster Road- Illegal Dumping activity EO 205 Arbor Street NON 37 Pearl NON 23 Cove Road Update on trails grant – status report, if any. Certificates of Compliance – 611 Reservoir Road- Gormley Leominster Housing Authority White Street Settlers Solar Northfield Road Extension Permit – Committee Reports – Any Updates Administrator’s Reports/action items: Administrator’s determination – Swain 169 Hemlock Drive Tremblay-386 Sunset Lane Open space and land and Trail use issues and strategies: Communications / public comment Adjourn Meeting schedule: Next meeting is September 1 2021 at 7:00 PM at 17 MAIN STREET SECOND FLOOR BY ZOOM PLATFORM ======================================================================================== DOCUMENT : 2021-08-18-minutes-6274.txt BOARD : conservation-commission DATE : 2021-08-18 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2021-08-18-minutes-6274.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_08182021-6274 ======================================================================================== ===PAGE 1=== Town of Lunenburg Conservation Commission Bob Pease, Chair Tel: (978) 582-4146 Richard Bursch, Vice Chair 960 Massachusetts Ave. Patricia Adams Lunenburg, MA 01462 Catie Childs Jack Rabbitt Matthew S. Marro, Jeffrey Viviano Conservation Administrator Michael Larouche August 18, 2021 7:00 PM . MINUTES 17 Main Street -2nd Floor –Bilotta meeting Room And ZOOM REMOTE ( optional ) In accordance with the requirements of the Open Meetings Law, please be advised that this meeting is being Audio/Video Recorded. The agenda lists all the topics which may be discussed at the meeting and are those reasonably anticipated by the Chair. Votes may be taken as a result of these discussions. Not all items listed may in fact be discussed and other items not listed may also be brought up for discussion to the extent permitted by Open Meeting Law. This meeting of the Conservation Commission also will be held by Zoom at the Link provided on this notice. Please note the available zoom option is for the convenience of the public. If any technical difficulties were to occur with zoom, the meeting will continue. If you wish to continue to participate, you must report to the location on this notice. Please be aware of this and plan accordingly. ZOOM INFORMATION: Town of Lunenburg is inviting you to a scheduled Zoom meeting. Topic: Conservation Commission Time: Aug 18, 2021 07:00 PM Eastern Time (US and Canada) Join Zoom Meeting https://us02web.zoom.us/j/88341428843 Meeting ID: 883 4142 8843 One tap mobile +13126266799,,88341428843# US (Chicago) +19292056099,,88341428843# US (New York) Dial by your location +1 312 626 6799 US (Chicago) +1 929 205 6099 US (New York) +1 301 715 8592 US (Washington DC) +1 346 248 7799 US (Houston) +1 669 900 6833 US (San Jose) +1 253 215 8782 US (Tacoma) 888 475 4499 US Toll-free 877 853 5257 US Toll-free Meeting ID: 883 4142 8843 Find your local number: https://us02web.zoom.us/u/kdryHTVQGG ===PAGE 2=== MINUTES Call to Order Announcements The meeting was called to order by BP at 7 PM and all members except RB abd CC were present. Public Comment Comments are to be limited to 3 minutes and on a subject matter under the direct jurisdiction of the commission. Comments about current agenda items are to be made during the comment period of the specific agenda item. Minutes of previous meetings –August 4, 2021 The minutes were approved with amendments by a motion of JR a second by PA and a unanimous vote to approve. Appointments/Hearings –commences at 7 PM BP spoke about the Brite Farm development being with drawn and in place of the open space parcel they are going to give as a gesture of good faith $10,000 to the Open Space Committee for the acquisition of open space JR spoke to producing a manual on tree replanting he was working with MM on Appointments: Review of Draft Rayno and Hollis Road Forest Cutting Plans Gary Gouldrup BP noted that he met with Gary Gouldrup and discussed the changes that were requested. The also inspected the proposed landing area at the water divis ion office. BP reviewed the prop osed changes to the cutting plan. Both cutting plans were approved unanimously on motions by PA seconded by ML . PUBLIC HEARINGS Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protect ion and Municipal Bylaws a public hearing on a Notice of Intent at 441 Townsend Harbor Road by Nicholas Eaton for the rebuilding of a single family home and septic system , within the buffer zone Jack Maloney was present to represent the applicant. He outlined the project proposal for the commission including the history of the emergency permit. I was noted that the structure was planned to be in the same footprint as the demolition. MM outlined the description of the site and the damages caused by the storm. The commission reviewed the total amount of trees that were cut based on the stumps that were left. JR outlined areas of concern for rubbish removal and stumpage. BP noted that the trees cut within the 30 foot no touch zone should be addressed. Jeremy Eithier noted that there is a dumpster that is now on site and will be onsite, The file is to be amended to include the location of the trees to be removed, the planting plan for new trees, the location of erosion controls, and the repair of a wall. The hearing was continued to the September 1 meeting by JR with a second by ML and a unanimous roll call vote to approve the amendment. 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 at 535 Leominster Shirley Road by JMC/TBG Lunenburg LLC for the construction of a 372,000 square foot warehouse facility, within the buffer zone. Chris Anderson, represented the applicant and presented the commission with the proposed project and the resource areas and proposed mitigation in the form of grading, erosion control and storm water controls. MM noted the DEP number with no comment . Mr Anderson noted that there is a peer review letter from the towns reviewing engineer and that the hearing is currently ongoing withy the planning board. MM asked to have the town reviewing engineer’s report submitted to the file. The hearing was continued to Sep tember 1 by a motion of JV and a second by ML and a unanimous roll call vote to approve the motion. CONTINUED PUBLIC HEARING 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 a Determination by Jose Vasquez for work at 52 West Street will be held. Work proposed is for the installation of a swimming pool. ===PAGE 3=== MM noted the he personally had made a revision to the plan submitted by the applicant due to an error on the scale and determined that the limits of work for the pool is no closer than 72 feet to the wetland , it was on existing lawn and there was erosion control shown on the plans that was satisfactory. MM recommended a negative determination of applicability . A motion was made to issue a negative determination by PA and a second by ML with a unanimous vote to approve the motion by roll call vote. Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a pub lic hearing on a Request for a Determination by Greg and Tina Kroll for work at 398 Sunset Lane will be held. Work proposed is for the repla cement of 316 feet of retaining wall, demolition of a dwelling with a reconstruction of a replacement with modifications to the driveway and boat ramp. Gregory Roy appeared before the commission to present the changes to the plan based on the commission input. JR noted that erosion protection can be provided around spoils piles.MM reviewed the DEP numbe r noting that the applicant addressed their comments. A motion was made by PA for an order of conditions with the added conditions that erosion protection be added around any stockpiles. JR seconded and the commission voted unanimously to approve. 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 MA Pleasant LLC will be held. Work proposed is construction of a six lot subdivision, Roadway, utili ties and a proposed wetland crossing at 101 Pleasant Street. Paul Grasewicz of Graz Engineering was present to represent the applicant. HE recounted the site walk and the planning board meeting coming up. At that meeting they will review the layout of the roadway to keep the walls on private property. He is awaiting the planning boards final approval to be granted for the retaining walls. He noted that if the walls are not approved that he wil l have to redesign and the wetlands fill will go over 6 feet. He did ask the commission about clarification of the tree inventory/survey. MM clarified with the applicant what the tree replacement regulation currently states. BP noted the regulations which also addre ssed less than 8 inches. The hearing was continued to September 1, by a motion of PA and a second by ML with a unanimous vote to approve the motion by roll call vote. To Be Continued to Sept 1, 2021 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 and Suzanne DeGeorge will be held. Work proposed is improvement of access to Lake Shirle y and control of erosion within 100-feet of a wetland resource area at 48 Pearl Street. The hearing was continued to September 1, by a motion of PA and a second by ML with a unanimous vote to approve the motion by roll call vote This hearing has previously been continued to Sept 1, 2021 and will not be heard Pursuant to MGL ch 131, s 40 as amended and Under Lunenburg Protective By Law chapter 335, the Lunenburg Conservation Commission will hold a public hearing for a Notice of Intent by Cynthia Ritchie for work at 137 Flynn Road to build a natural stone wall along the waterfront to protect against future erosion of the edges of the land and beach NEW BUSINESS - LAND USE MANAGEMENT UPDATE The Conservation Commission will be holding a hearing for updating land use management plans for the Lane property ( Holman Street )and Table Rock ( Saliba property on Howard Street), the meeting is scheduled August 18, 2021 at 7 PM the Bilotta Meeting Room, Second Floor, Town Hall, 17 Main Street and by zoom . The public is invited to attend. After discussion a motion was made to amend both the Lane and Table Rock Land use plan to eliminate the need for a special permit for bow hunting to convert to a by right use and eliminate the requirement for a site walk if any further modifications to the regulations are proposed by JR. ML seconded and the commission voted unanimously. .NOTE: NO MEMBERS OF THE PUBLIC ELECTED TO COMMENT AFTER REQUEST FROM THE CHAIR. Request for votes to authorizing change to status of Conservation Properties:  Request Town Counsel Draft Special Town Meeting articles transferring to the care and control of the Conservation Commission Parcel 162/004.0-0002-0000.0 @ 970 REAR N W TOWNSEND RD (NW Town Forest) and Parcel 162/085.0-0001-0000.0 @ 781 REAR PAGE ST (Fairbanks Land) ===PAGE 4===  Request the Assessor make the following changes to the assessment data base if the changes have not already been made: Divide Parcel 162/028.0-0009-0000.0 into two parcels: The Front parcel with deed book 542 page 215 under the care and control of the Select Board and the rear parcel deed book 966 page 580 under the care and control of the Conservation Commission A motion was made to submit a warrant petition to special town meeting for the clarification of lands owned by the conservation commission and the board f selectmen. by PA and a second by ML with a unanimous vote to approve the motion. Reclassify as being under the care and control of the Select Board Parcel 162/135.0-0019-0000.0 @ 25 Fire Rd 19 (Lake Shirley Dam); Parcel 162/098.0-0025-0000.0 @ 75 Lakefront Ave (Whalom Waterfront); and Parcel 162/088.0-0031-0000.0 at 374 Page St (Oliver Lot) A motion was made allowing BP to file the appropriate paperwork clarifying which entities own certain lands as listed above by ML and a second by JR with a unanimous vote by the commission to approve. Role of the conservation commission in 40B applications BP wanted to remind members that this application will eventually be coming before the conservation for a permit approval and cautioned anyone about doing any commenting without violating the due process of the applicant for filing a Notice of Intent. JR noted that in speaking to town counsel and anticipates still being able to discuss the issue at a hearing. Old Business- review of encroachment onto all conservation properties using the assessors ortho photographs. BP noted he would be waiting until the tick and mosquito season was over before beginning to take ground level photographs of the potential encroachments. ENFORCEMENT: Violations (Enforcement Actions and Administrative Hearings). Leominster Road- Illegal Dumping activity EO 205 Arbor Street NON 37 Pearl – RDA filed for the 15th NON 23 Cove Road- Robert Galloni came to the commission to discuss alternatives for the proposed remediation. MM noted that the delineation he saw in the field was accurate and that there was, fortunately no wetland filled. MM noted that the tree removed was not within the 30 foot no touch zone. MM and DPW to tour the site with the homeowner subsequent to the meeting to determine options of cleanup and remedial action. It was decided that the issue would be continued to handled as an enforcement action. The Commission decided yes. Update on trails grant – status report, if any. Certificates of Compliance – 611 Reservoir Road- Gormley MM noted needs as-built no action Leominster Housing Authority White Street certificate approved by a motion of PA and a seconded by ML with a unanimous vote to approve the motion, Settlers Solar Northfield Road certificate approved by a motion of PA and a seconded by ML with a unanimous vote to approve the motion, Extension Permit – NONE ===PAGE 5=== Committee Reports – Any Updates Administrator’s Reports/action items: Note JV left the meeting at 9:20 PM Administrator’s determination – Swain 169 Hemlock Drive The commission voted to approve the administers determination by a motion of PA and a second by JR and a unanimous vote by roll call to approve the motion. Tremblay-386 Sunset Lane The commission voted to approve the administers determination by a motion of PA and a second by JR and a unanimous vote by roll call to approve the motion. Open space and land and Trail use issues and strategies: BP reminded the commission that Carl Luck and previously brought up a parcel of land on sunset lane that was actually conservation land at one point and will pursue it at this point. Communications / public comment Adjourn The meeting adjourned by a motion of PA and a second by ML and a unanimous vote to approve the motion at 930 PM Meeting schedule: Next meeting is September 1 2021 at 7:00 PM at 17 MAIN STREET SECOND FLOOR BY ZOOM PLATFORM ======================================================================================== DOCUMENT : 2021-09-01-agenda-6276.txt BOARD : conservation-commission DATE : 2021-09-01 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2021-09-01-agenda-6276.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_09012021-6276 ======================================================================================== ===PAGE 1=== Town of Lunenburg Conservation Commission Bob Pease, Chair Tel: (978) 582-4146 Richard Bursch, Vice Chair 960 Massachusetts Ave. Patricia Adams Lunenburg, MA 01462 Catie Childs Jack Rabbitt Matthew S. Marro, Jeffrey Viviano Conservation Administrator Michael Larouche Sept 1, 2021 7:00 PM . MINUTES ZOOM REMOTE In accordance with the requirements of the Open Meetings Law, please be advised that this meeting is being Audio/Video Recorded. The agenda lists all the topics which may be discussed at the meeting and are those reasonably anticipated by the Chair. Votes may be taken as a result of these discussions. Not all items listed may in fact be discussed and other items not listed may also be brought up for discussion to the extent permitted by Open Meeting Law. This meeting of the Conservation Commission will be held by Zoom at the Link provided on this notice. ZOOM INFORMATION: Town of Lunenburg is inviting you to a scheduled Zoom meeting. Topic: Conservation Commission Time: Sep 1, 2021 07:00 PM Eastern Time (US and Canada) Join Zoom Meeting https://us02web.zoom.us/j/84902749507 Meeting ID: 849 0274 9507 One tap mobile +19292056099,,84902749507# US (New York) +13017158592,,84902749507# US (Washington DC) Dial by your location +1 929 205 6099 US (New York) +1 301 715 8592 US (Washington DC) +1 312 626 6799 US (Chicago) +1 669 900 6833 US (San Jose) +1 253 215 8782 US (Tacoma) +1 346 248 7799 US (Houston) 888 475 4499 US Toll-free 877 853 5257 US Toll-free Meeting ID: 849 0274 9507 Find your local number: https://us02web.zoom.us/u/kcE1QdSzN5 ===PAGE 2=== AGENDA Call to Order Announcements Public Comment Comments are to be limited to 3 minutes and on a subject matter under the direct jurisdiction of the commission. Comments about current agenda items are to be made during the comment period of the specific agenda item. Minutes of previous meetings –Aug 18 2021 Appointments/Hearings –commences at 7 PM Appointments: Public Hearing Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing o n a Request for a determination at 91 Maple Parkway by Cole and Rebekah Maclean for the placement of n above ground pool , within the buffer zone. Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing o n a Notice of Intent at 40 Brookview Terrace by Athan N Diskes for the demolition and reconstruction of a single family home and septic system within the buffer zone. Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a pub lic hearing on a request for a determination for the removal of Pine Trees within the buffer zone at 190 Peninsula Drive by Harry and Helen Semerjian. Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Byla ws a public hearing on a request for a determination for the installation of an in ground pool and pavilion at 10 Butterfly Lane by by David Janvari n. CONTINUED PUBLIC HEARING 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 at 535 Leominster Shirley Road by JMC/TBG Lunenburg LLC for the construction of a 372,000 square foot warehouse facility, within the buffer zone. Pursuant to MGL ch 131, s 40 as amended and Under Lunenburg Protective By Law chapter 335, the Lunenburg Conservation Commission will hold a public hearing for a Notice of Intent by Cynthia Ritchie for work at 137 Flynn Road to build a natural stone wall along the waterfront to protect against future erosion of the edges of the land and beach 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 MA Pleasant LLC will be held. Work proposed is construction of a six lot subdivision, Roadway, utili ties and a proposed wetland crossing at 101 Pleasant Street. Continued to Oct 6 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 and Suzanne DeGeorge will be held. Work proposed is improvement of access to Lake Shirley and control of erosion within 100-feet of a wetland resource area at 48 Pearl Street. NEW BUSINESS - Old Business- review of encroachment onto all conservation properties using the assessors ortho photographs. ENFORCEMENT: ===PAGE 3=== Violations (Enforcement Actions and Administrative Hearings). Leominster Road- Illegal Dumping activity NON 48 Oak Ridge EO 205 Arbor Street NON 23 Cove Road Update on trails grant – status report, if any. Certificates of Compliance – 55 Pine Acres Drive Extension Permit – Committee Reports – Any Update Administrator’s Reports/action items: Open space and land and Trail use issues and strategies: Communications / public comment Adjourn Meeting schedule: Next meeting is Sept 15, 2021 at 7:00 PM at 17 MAIN STREET SECOND FLOOR BY ZOOM PLATFORM