# conservation-commission — 11 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 : 2022-05-18-agenda-6318.txt BOARD : conservation-commission DATE : 2022-05-18 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2022-05-18-agenda-6318.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_05182022-6318 ======================================================================================== ===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 Richard Tremblay, Associate Mary Wilson, Associate May 18, 2022 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. Please address all comments to the chair. This meeting of the Conservation Commission will be held by Zoom at the Link provided on this notice. Topic: Concom Time: May 18, 2022 07:00 PM Eastern Time (US and Canada) Join Zoom Meeting https://us02web.zoom.us/j/9091740347 Meeting ID: 909 174 0347 One tap mobile +13126266799,,9091740347# US (Chicago) +19292056099,,9091740347# 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: 909 174 0347 Find your local number: https://us02web.zoom.us/u/kbaxWO9bCm ===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. Please address all comments to the Chair. Minutes of previous meetings – May 4, 2022 Appointments/Hearings –commences at 7 PM PUBLIC HEARINGS Pursuant to MGL ch 131, s 40 and Lunenburg Wetlands Bylaw and regulations as listed in chapter 239 , The Conservation Commission will hold a public hearing on a Notice of Intent by Jillian and Nicholas Pauling for the Construction of 18'x36' detached garage within the current location an 10'x12' shed, 12'x24' "garage" shed, playground / swing set area and covered wood pile. Proposed project also includes the removal of existing railroad timber edging from the existing yard area along with the placement of fill to be loamed and seeded within a former 8'x8' pool shed, above round pool and pool deck area (current "fire pit" area). Proposed earth excavation and disturbance is limited to excavation for the slab of grade foundation of the proposed garage and placement of fill / loam within the depressed yard area at 568 Reservoir Road CONTINUED PUBLIC HEARING S Pursuant to MGL ch 131, s 40 and Lunenburg Wetlands Bylaw and regulations as listed in chapter 239 , The Conservation Commission will hold a public hearing on a request for a Determination by John Harrison for the construction of a landing and deck area within the 100 foot buffer zone at 205 Sunset Lane Map 129 Lot 66 Pursuant to MGL ch 131, s 40 and Lunenburg Wetlands Bylaw and regulations as listed in chapter 239 ,the Conservation Commission will hold a public hearing on a Notice of Intent by Glenn Maki to construct replace a culvert at 160 Massachusetts Ave. Pursuant to MGL ch 131, s 40 and Lunenburg Wetlands Bylaw and regulations as listed in chapter 239, The Conservation Commission will hold a public hearing on a Notice of Intent by Fitchburg Land property Owner LLC to construct a 367,000 square foot ware house and distribution facility with parking and storm water controls at 260 Fahlulah Road Pursuant to MGL ch 131, s 40 and Lunenburg Wetlands Bylaw and regulations as listed in chapter 239, Conservation Commission will hold a public hearing on a Request for a determination by Jason Zirkle for landscaping and regrading a 20 by 25 foot section of front yard, removal of a 14 by 20 foot section of driveway to be replaced with a storm water control feature, replace a section of driveway with new pavement and the placement of Vinyl Siding on the garage at 379 Townsend Harbor road Pursuant to MGL ch 131, s 40 and Lunenburg Wetlands Bylaw and regulations as listed in chapter 239 The Conservation Commission will hold a public hearing on a Request for a Determination by David Blatt for the removal of trees at 411 Goodrich Street Pursuant to MGL ch 131, s 40 and Lunenburg Wetlands Bylaw and regulations as listed in chapter 239, The Conservation Commission will hold a public hearing on a Notice of Intent by Matthew and Tara Nazarenko for the construction of stairs, a landing and a dock within the 100 foot buffer zone at 160 Sunset Lane. Pursuant to MGL ch 131, s 40 and Lunenburg Wetlands Bylaw and regulations as listed in chapter 239 , The Conservation Commission will hold a public hearing on a request for a Determination by John Welton for the construction of stairs, a landing and a dock within the 100 foot buffer zone at 205 Sunset Lane Map 129 Lot 68 NEW BUSINESS - Old Business- update on encroachment issues at : 192 Townsend harbor Road 214 Townsend harbor Road 240 Townsend Harbor Road 104 Woodland Drive 116 Woodland Drive Update on maintenance work at Hollis Road residence. ===PAGE 3=== ENFORCEMENT: Violations (Enforcement Actions and Administrative Hearings). 238 Fire Road 16 615 Townsend Street 441 Townsend Harbor Road NON 48 Oak Ridge NON 23 Cove Road 190 Peninsula Drive NON 54 Pine Grove EO 4 Gabes Place NON 366 Arbor St NON 250 Sunset, Beers lot Update on trails grant – status report, if any. Certificates of Compliance 335 chase Road lot 1 137 Flynn Road 939 (FKNA 915) Northfield Road Extension Permit – Committee Reports – Any Update Administrator’s Reports/action items: Administrators Determination - Talley 172 Peninsula Drive, 19 Crocker Ave Open space and land and Trail use issues and strategies: Communications / public comment Adjourn Meeting schedule: Next meeting is June 1, 2022 at 7:00 PM BY ZOOM PLATFORM ======================================================================================== DOCUMENT : 2022-05-18-minutes-6318.txt BOARD : conservation-commission DATE : 2022-05-18 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2022-05-18-minutes-6318.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_05182022-6318 ======================================================================================== ===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 Richard Tremblay, Associate Mary Wilson, Associate May 18, 2022 7:00 PM MINUTES ZOOM REMOTE ALL VOTES ARE TAKEN BY ROLL CALL 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. Please address all comments to the chair. Call to Order RB chairing, all members except BP present. Announcements Public Comment Minutes of previous meetings – May 4, 2022 approved Appointments/Hearings commenced at 7 PM Public Hearings Pursuant to MGL ch 131, s 40 and Lunenburg Wetlands Bylaw and regulations as listed in chapter 239 , The Conservation Commission will hold a public hearing on a Notice of Intent by Jillian and Nicholas Pauling for the Construction of 18'x36' detached garage within the current location an 10'x12' shed, 12'x24' "garage" shed, playground / swing set area and covered wood pile. Proposed project also includes the removal of existing railroad timber edging from the existing yard area along with the placement of fill to be loamed and seeded within a former 8'x8' pool shed, above round pool and pool deck area (current "fire pit" area). Proposed earth excavation and disturbance is limited to excavation for the slab of grade foundation of the proposed garage and placement of fill / loam within the depressed yard area at 568 Reservoir Road Nick Pauling was present to represent himself. He outlined the work and showed photo exhibits of the site in question. He outlined the scop of work and its relation to the wetlands and buffer zone. It was noted that there was no work within the 50 foot buffer zone. MM noted he was out on the site with both RT and NM. He recommended a negative determination. There was a motion by JR with a second by CC for a negative determination. The Commission unanimously approved the motion by roll call vote. Continued Public Hearings Pursuant to MGL ch 131, s 40 and Lunenburg Wetlands Bylaw and regulations as listed in chapter 239 ,the Conservation ===PAGE 2=== Commission will hold a public hearing on a Notice of Intent by Glenn Maki to construct and replace a culvert at 160 Massachusetts Ave. The applicant noted there was a DEP number. RB asked to have the DEP comment addressed. The applicant noted that there was a response issued to DEP and noted that DEP was satisfied with the response. MM noted that he reviewed the emails referred to and recommended a standard order of conditions. A motion was made by CC to issue a standard order of Conditions. JV seconded and the commission approved the motion unanimously by roll call vote. Pursuant to MGL ch 131, s 40 and Lunenburg Wetlands Bylaw and regulations as listed in chapter 239, The Conservation Commission will hold a public hearing on a Notice of Intent by Fitchburg Land property Owner LLC to construct a 367,000 square foot warehouse and distribution facility with parking and storm water controls at 260 Fahlulah Road The meeting was continued to June 1, 2022 by a motion of ML and a second PA by with a unanimous vote to approve the motion by roll call vote. Pursuant to MGL ch 131, s 40 and Lunenburg Wetlands Bylaw and regulations as listed in chapter 239, Conservation Commission will hold a public hearing on a Request for a determination by Jason Zirkle for landscaping and regrading a 20 by 25 foot section of front yard, removal of a 14 by 20 foot section of driveway to be replaced with a storm water control feature, replace a section of driveway with new pavement and the placement of Vinyl Siding on the garage at 379 Townsend Harbor road Jason Zirlke appeared in front of the commission to represent himself. The updated drawing was reviewed. The commission examined the detail plan of the trench and the prior photos of the site. JV examined the location of the additional bricks. Robin Jacobs at 372 Townsend Harbor Road spoke to the commission and asked of there was any study done on the drainage pit. She wondered if there was a simpler way of addressing the drainage issue by the use of gutters. She noted that there was graded base on the land with a tarp underneath and wondered if there was a more absorbent material that could be placed in the area. JR noted the pit was within the 30 foot mark with no permit pulled for it. He noted that it runs towards the lake and was interested in the fate of the pit. He asked what was the plan to accommodate the overflow from that trench. Mrs. Jacobs noted the trench was a temporary fix to prevent further runoff of the existing beach. JR noted that perhaps more plantings on the Jacobs property could use more plantings. JR proposed the possibility of the Jacobs submitting an RDA in the future. If the Zirkle solution works then the trench could be covered. MM asked if the applicant could turn the trench into a rain garden for more absorption? RB noted that the stone would provide more percolation. Robin Jacobs Asked what an RDA is. RB noted that it is an application that the commission requires if there is other work proposed. RB noted that his opinion of the work would be helpful. Robin Jacobs asked of the problem gets worse how are we protected? RB noted that the commission cannot require further work than what was applied for on this RDA. A motion was made for a negative determination by JR with a second by PA and a unanimous vote to approve the motion by roll call vote. Pursuant to MGL ch 131, s 40 and Lunenburg Wetlands Bylaw and regulations as listed in chapter 239 The Conservation Commission will hold a public hearing on a Request for a Determination by David Blatt for the removal of trees at 411 Goodrich Street There was no applicant present. JR did note that there was other work on the property that may require further examination. A motion was made by ML to continue to June 1 with a second by CC and a unanimous vote to approve the motion by roll call vote. Pursuant to MGL ch 131, s 40 and Lunenburg Wetlands Bylaw and regulations as listed in chapter 239 , The Conservation Commission will hold a public hearing on a request for a Determination by John Welton for the construction of stairs, a landing and a dock within the 100 foot buffer zone at 205 Sunset Lane Map 129 Lot 68 John Welton appeared and MM noted that the applicant would need to go through the process of the NHESP. A motion was approved to continue to meeting to June 1. New Business – no new business Old Business ===PAGE 3=== Update on encroachment issues at : 192 Townsend Harbor Road MM noted that he examined the areas in question and found he agreed with the proposal to leave part of the retaining wall in place to prevent erosion or a potential for erosion. Mr Katurnia reviewed the area in question with the commission. JR moved to close the issue under enforcement ML seconded and the commission voted unanimously. 214 Townsend Harbor Road 240 Townsend Harbor Road 104 Woodland Drive 116 Woodland Drive Update on maintenance work at Hollis Road residence. Enforcement Violations (Enforcement Actions and Administrative Hearings). 238 Fire Road 16 Butch Magurn was present for the applicant. He outlined the remedial action plan. Brandon Ducharme was present representing the applicant. He noted that there was erosion control replaced and added and the site continues to be shut down he reviewed the plans for remediation. RB noted that there was an other area if there was other plantings to be added. MR Magurn reviewed and clarified the other area in question. RB reviewed proposed grading. He asked if Ross presented a narrative of the violations. BR and JV reviewed the as built. Mr Magurn noted that a walkway and a dock would be presented in the future based on the approval from last year. RB noted that the remediation needs to be agreed on first. Mr Magurn indicated a willingness to replace the berm. MM expressed concerns about the replanting plan and asked for a better cover than low bush blueberry and requested that Mr Butler re-evaluate the area and add a different variety of plantings. RB noted that the entire site was regraded so there was no remnant left due to the regrading. JR offered to site with the applicant to review the site in question with the owner and compare photos on site. JR noted he would like to review the driveway area and asked for more trees along the driveway area to compensate for the wider roadway and would like to point out there was a larger amount of trees removed and wanted the low bush blueberry removed from the plan with more trees. Joanne Magurn noted that the trees were allowed to be taken down. The driveway was examined and Mr Magurn contends that the driveway was completed in conformance with the order of conditions. The calculations for the expanded crossing were reviewed with Brandon Ducharme and the amount of area filled. It appears it wasn’t significantly more according to Mr Ducharme. He reviewed the topo’s shot and the volumetric calculations used. It appears that the total filled was 394 cubic feet which is an additional 122 cubic yards. RB inquired as to the amount of the additional volume filled in. Mr. Ducharme reviewed what could be shown on an as built. The issue of flood plain compensation was reviewed and MM will review the record as to the flood plain disposition. JV asked Mr Magurn to share the photo he had referred to earlier in the meeting. JR reviewed the current driveway status, with Mr Ducharme. Mr Magurn reviewed a photo of the site that he took. JV asked why the crossing was widened. Mrs. Magurn noted that the stakes were placed on the outside of the blocks. JV asked why the erosion protection was moved and expanded. Mr. Magurn noted that it was to allow for maneuvering around the house. JV asked about the tree that was taken down and it was noted that it was due to the wind blowing it down. JV asked why the propane tanks were placed in the fifty foot. Mr. Magurn noted that he did not realize it would be an issue. JV examined the tree detail and the height and planting schedule. MR Ducharme noted that the erosion line on the plan was the limit of work plan and the vegetation in that area would be replanted. RB reviewed the extended work. JV shared a picture showing the shoreline depicting the shore prior to the alteration after the pine tree was removed. CC also indicated that she would like to see the as-built. She also indicated she would like to see the grading put back as approved. PA examined the options submitted and noted she would go with the plan as submitted. PA asked of there as a formula pertaining to the trees removed and the trees to be replaced. RB noted that there was some limits there was exceeded. PA noted that she would like to see the bushes. ML indicated he would like to see the maximum restored. RB reviewed the exceeded limits with ML. ML felt the remediation proposed to the commission is less than what the commission asked for and wished for a more environmentally sound plan. JV noted that he would like to see more planting and perhaps instead of grading another area where there was a pre-existing landing with degraded concrete and suggested that area be remediated and replanted in lieu of restoring the yard grading. Mr Viviano noted the area where the blueberry bushes proposed are in an area where he observed scant growth. JR feels there was a great deal of habitat lost and would like to see plantings down to the waters edge and that the approved plan should be followed as approved. JR asked if there was a DEP agent on site and was leaving the commission to finalize the decision on the plan. MM noted that DEP is awaiting the commission to finalize the decision on site and re-submit to the state agencies for their approval. RB indicated he was satisfied with the southerly side. The easterly side he concurred with JV and adding three trees. The easterly slope he indicated he wants the grade restored indicating there was a violation of the thirty foot no touch zone. He feels that not restoring the grading sets a bad precedent. He also noted that there should be more trees added to the waters edge. He noted that there is a need for a finished as built. Mr Ducharme noted that adding the grading back could create an erosion issue for the future. Mr. Magurn asked about ===PAGE 4=== starting some of the planting now. RB indicated he would like to see the flood plain restored, Mr. Magurn asked if he could execute the remedial action JV proposed now so the area could be done while equipment was there. JV felt that the work would be a great addition and expressed agreement with the engineer with regard to the grading. RB reviewed the required follow ups for the next meeting. MR Magurn asked if he needed permission for a floating dock and the answer was yes. 615 Townsend Street 441 Townsend Harbor Road NON 48 Oak Ridge NON 23 Cove Road 190 Peninsula Drive NON 54 Pine Grove MM noted the trees were not within the no touch zone and is working with the homeowner to file an RDOA EO 4 Gabes Place MM indicated that he visited the site with the homeowner and NM and agreed that he would file for theremedial work and the proposed pool. NON 366 Arbor St NON 205 Sunset, Beers lot Bryan Coffren was present to represent himself. He noted that there was sketch and some minor modifications and that any decisions were made for minor modifications to ensure there was no impacts. RB asked if an as-built could be submitted for the June 1 meeting. RB asked for as much detail as possible. JV asked for the size of the decks as well. 75 West St MM to check out Update on trails grant – status report, if any. Certificates of Compliance 335 chase Road lot 1 granted by a motion of CC and a second by JV with a unanimous vote to approve the motion 137 Flynn Road granted by a motion of ML and a second by JV with a unanimous vote to approve the motion 939 (FKNA 915) Northfield Road MM recommended to hold off for mow Extension Permit – Committee Reports – Any Update Administrator’s Reports/action items: Administrators Determination – Talley 172 Peninsula Drive- removed 19 Crocker Ave approved by a motion of ML and a second by JV with a unanimous vote to approve the motion Open space and land and Trail use issues and strategies: The meeting adjourned at 10:15 PM with a motion OF ML and a second by CC with a unanimous vote to approve the motion Meeting schedule: Next meeting is June 1, 2022 at 7:00 PM BY ZOOM PLATFORM ======================================================================================== DOCUMENT : 2022-06-01-agenda-6304.txt BOARD : conservation-commission DATE : 2022-06-01 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2022-06-01-agenda-6304.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_06012022-6304 ======================================================================================== ===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 Nadia Madden, Jeffrey Viviano Conservation Administrator Michael Larouche Richard Tremblay, Associate Mary Wilson, Associate June 1 2022 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. Please address all comments to the chair. This meeting of the Conservation Commission will be held by Zoom at the Link provided on this notice. Topic: Concom Time: Jun 1, 2022 07:00 PM Eastern Time (US and Canada) Join Zoom Meeting https://us02web.zoom.us/j/81484116116?pwd=OFg1eDBTdUtySk9BeW9lMGRxWElxdz09 Meeting ID: 814 8411 6116 Passcode: 502202 One tap mobile +13126266799,,81484116116# US (Chicago) +19292056099,,81484116116# 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) 877 853 5257 US Toll-free 888 475 4499 US Toll-free Meeting ID: 814 8411 6116 Find your local number: https://us02web.zoom.us/u/kASSu8Vca ===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. Please address all comments to the Chair. Minutes of previous meetings – May 4, 2022 Appointments/Hearings –commences at 7 PM 1. Appoint 190 Peninsula Drive PUBLIC HEARINGS Pursuant to MGL ch 131, s 40 and Lunenburg Wetlands Bylaw and regulations as listed in chapter 239, a public hearing on a Notice of Intent V and V Lunenburg LLC for the redevelopment of a restaurant to a marijuana retail facility within the river front at 42 Summer Street. Pursuant to MGL ch 131, s 40 and Lunenburg Wetlands Bylaw and regulations as listed in chapter 239, a public meeting on a Notice of Intent by Hickory Hills Association for the approval of a whole lake management plan at Hickory Hills Lake at Townsend Harbor Road. CONTINUED PUBLIC HEARINGS Pursuant to MGL ch 131, s 40 and Lunenburg Wetlands Bylaw and regulations as listed in chapter 239, The Conservation Commission will hold a public hearing on a Request for a Determination by Lunenburg Jack Katurnia for the removal of impervious material s within the buffer zone at 192 Townsend Harbor Road . Pursuant to MGL ch 131, s 40 and Lunenburg Wetlands Bylaw and regulations as listed in chapter 239, The Conservation Commission will hold a public hearing on a Notice of Intent by Fitchburg Land property Owner LLC to construct a 367,000 square foot warehouse and distribution facility with parking and storm water controls at 260 Fahlulah Road Pursuant to MGL ch 131, s 40 and Lunenburg Wetlands Bylaw and regulations as listed in chapter 239 The Conservation Commission will hold a public hearing on a Request for a Determination by David Blatt for the removal of trees at 411 Goodrich Street Pursuant to MGL ch 131, s 40 and Lunenburg Wetlands Bylaw and regulations as listed in chapter 239 , The Conservation Commission will hold a public hearing on a Request for a Determination by John Welton for the construction of stairs, a landing and a dock within the 100 foot buffer zone at 205 Sunset Lane Map 129 Lot 68 NEW BUSINESS - Old Business- update on encroachment issues at : 192 Townsend harbor Road 214 Townsend harbor Road 240 Townsend Harbor Road 104 Woodland Drive 116 Woodland Drive Update on maintenance work at Hollis Road residence. ENFORCEMENT: Violations (Enforcement Actions and Administrative Hearings). 238 Fire Road 16 615 Townsend Street NON 48 Oak Ridge NON 23 Cove Road NON 54 Pine Grove EO 4 Gabes Place ===PAGE 3=== NON 366 Arbor St NON 250 Sunset, Beers lot EO 408 Electric Ave EO 75 West St NON 509 Townsend Harbor Road Update on trails grant – status report, if any. Certificates of Compliance Pleasant St Bridge 137 Flynn Road 700/712 Mass Avenue Extension Permit – Committee Reports – Any Update Administrator’s Reports/action items: Administrators Determination - The woodlands 104 and 106 Royal Fern Drive , 191 Peninsula Open space and land and Trail use issues and strategies: Communications / public comment Adjourn Meeting schedule: Next meeting is June 15, 2022 at 7:00 PM BY ZOOM PLATFORM ======================================================================================== DOCUMENT : 2022-06-01-minutes-6304.txt BOARD : conservation-commission DATE : 2022-06-01 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2022-06-01-minutes-6304.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_06012022-6304 ======================================================================================== ===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 Nadia Madden, Jeffrey Viviano Conservation Administrator Michael Larouche Richard Tremblay, Associate Mary Wilson, Associate June 1 2022 7:00 PM . Minutes ZOOM REMOTE Call to Order Members Present: Bob Pease, Richard Bursch, Catie Childs, Michael Larouche, Jack Rabbit Absent: Jeff Viviano, Patricia Adams Associate Member: Richard Tremblay 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. Please address all comments to the Chair. Dave MacDonald: Thanks to Matt Marro for their excellent work in Lunenburg. Announcement on School Safety vigil and resolution to support school safety on 6/10 at 6:30 at TC Passios Campus. Introduction of new Conservation Administrator, Nadia Madden Minutes of previous meetings – May 18, 2022 Roll Call, Unanimous approval of minutes Appointments/Hearings –commences at 7 PM 190 Peninsula Drive restoration plan: Mark Bursch from Lakeview Nurseries representing the Semerjians at 190 Peninsula Drive. He asked us to share a prior powerpoint presentation, and shared more recent plan for replanting. Proposed 14 larger trees with 1” and 1.5”diameter replica stock, with larger trees being more likely to survive. Also proposed blueberry, mountain laurel, and clethora for understory. Will set up temporary irrigation with starter fertilizer for the plants, and will grind strumps to help fertilize and stabilize soils. Commissioner RB recused himself because MB is his brother. JR asked about heights of trees, MB said they will be 8-9 feet and 4-5 feet depending on variety. Minimal use of mini excavator, plans to use an augur to minimize soil disruption. ML moved/JR seconded to approve restoration plan. Roll Call vote: unanimous approval, RB recused. PUBLIC HEARINGS Pursuant to MGL ch 131, s 40 and Lunenburg Wetlands Bylaw and regulations as listed in chapter 239, a public hearing on a Notice of Intent V and V Lunenburg LLC for the redevelopment of a restaurant to a ===PAGE 2=== marijuana retail facility within the river front at 42 Summer Street. Ian Ainslie,engineer for McAinsley presented plans for 42 Summer Street. 200 Foot Riverfront area for Falulah/Baker Brook. The entire property is BLSF, floodplain elevation of 368’, property is 364-365’. There will be a 5500 sqft reduction in paved area which will be restored to vegetated pervious area. Will add stone infiltration trench at the edge of the parking lot. JR asked if the road runoff coming from Summer Street to the parking lot will now be caught by the trench. IA clarified that the parking lot is lower than the road and will continue to be lower elevation than Summer street in the future, and that a catch basin will capture runoff prior to entering the infiltration trench. IA pointed out the maintenance plan for the infiltration trench, which will be maintained by the order. IA said the town could request inspection reports if necessary. JR requested maintenance from an outside party. Comissioner RB asked about grass being added in certain areas and if loaming and seeding is shown on the plan. The currently vegetated areas will be untouched. RB asked if the parking lot will be curbed in to prevent runoff to the brook. IA said there will be a ridge in front of the infiltration trench. RB asked that a note be included that any disturbed area will be loamed and planted on the plan. RB moved/ JR seconded to continue to June 15, 2022 as DEP number has not been issued. Roll call vote was unanimous. Pursuant to MGL ch 131, s 40 and Lunenburg Wetlands Bylaw and regulations as listed in chapter 239, a public meeting on a Notice of Intent by Hickory Hills Association for the approval of a whole lake management plan at Hickory Hills Lake at Townsend Harbor Road. Paula Bertram of 312 Townsend Harbor Road, president of Hickory Hills Association gave a presentation on the HHA’s plan for lake management. RB asked for schedule for drawdown, Paula said it is included in the Hickory Hills lake management plan. Currently have two different NOIs with different OOCs, BP suggests that they close out the previous NOIs (now expired) as the new NOI combines both lake management and drawdown. RB asked why they are no longer testing for dissolved phosphates, Paula explained that they do not have the filtration capability in the field for volunteers to properly measure dissolved phosphates. RB asked where the 2021 year-end plan is, Paula said that the year-end report is from solitude lake management and is only from 2020, asked for more information about how the treatments projects came out. Paula asked for a 3-year general permit for the Lake management plan. They are trying to focus on spot treatment of areas with more than a ¼ acre of fanwort. Paula offered to let Conscomm know in advance about treatment when opportunities for spot treatment arise. would like the Commission to have more review of chemical releases in the lake. PB says the HHA is willing to notify the Commission about spot treatments and be required to attend a ConsComm meeting prior to spot treatments as a condition of the NOI. BP asked if RB would be comfortable with a condition requiring 7 days notice and review prior to spot treatments. RB said the ConsComm has a duty to all the downstream waters as well, is looking for a schedule for treatment and regular updates on drawdowns and the impacts of treatments. John Fortune of 50 Hemlock Drive, noted that the previous OOCs were 208-1133 and 208-1104, and that the lake association plans to come back every year with information about the drawdown and the impacts. They are currently proposing a 4-foot drawdown for lake members to clean up their property without impacting anyone’s wells. Commissioner JR asked about the research for the drawdowns, noting that maintaining certain levels could encourage certain plants, has there been any sensitivity testing around 5 feet? JF said that the best treatment for fanwort has been chemical treatment. They had tried a drawdown below 4 foot and found it affected people’s wells. BP suggested the applicant submit a draft list of specific permitted activities to be included in the order of conditions. BP asked that the OOC define the annual report, Paula noted that the HHA provides regular updates and is willing to do a 7 or 14-day notice on herbicide treatment with the Comission having the ability to accept or deny the request. RB wants to further review the lake management plan prior to making a decision. PB offered to put together a 1-page document summarizing what is in the lake management plan regarding drawdown. Current plan has expired, needs an Alum treatment in June so they would like to close out at the June 15 th meeting. ML asked what happens to the fish and other wildlife when the herbicide treatments are done. Paula said all of the herbicides are licensed by DEP and are not ===PAGE 3=== shown to have any impacts on fish or aquatic wildlife, and noted that if the invasives get too dense the fish will also die. JF said they track and analyze fishing on the lake and the size and quantity of fish are increasing on the lake. They have noticed that fish die-off happens in the spring as pollen comes out. RB moved/ CC seconded to continue to June 15, 2022. Roll call vote was unanimous to continue. CONTINUED PUBLIC HEARINGS Pursuant to MGL ch 131, s 40 and Lunenburg Wetlands Bylaw and regulations as listed in chapter 239, The Conservation Commission will hold a public hearing on a Request for a Determination by Lunenburg Jack Katurnia for the removal of impervious materials within the buffer zone at 192 Townsend Harbor Road . Jack Kurtania has submitted an RDA in response to an enforcement order, BP summarized progress on the RDA which needs to be voted on and closed out. At the last meeting the Conscomm told JK to keep the wall and seed the encroachment as needed. RB was chair at the last meeting, and closed it out prematurely, he is not in favor of allowing the wall to remain on the Conservation Property. JR said that there is an outflow coming off the street into the wetlands and that he is OK with moving the wall. JK is willing to remove the retaining wall on the conservation property. Associate member RT took a picture during the site walk which he shared with the Commission. ML moved/CC seconded for a negative determination with the stipulation that the wall be removed. Roll call vote, unanimous approval. Pursuant to MGL ch 131, s 40 and Lunenburg Wetlands Bylaw and regulations as listed in chapter 239, The Conservation Commission will hold a public hearing on a Notice of Intent by Fitchburg Land property Owner LLC to construct a 367,000 square foot warehouse and distribution facility with parking and storm water controls at 260 Fahlulah Road. NM said that the applicant requested a continuation. RB asked to have Graves review the plan from the perspective of the WPA and the town bylaw. NM will reach out to the applicant to ask for review from Graves and contact Adam about doing so. RB moved/CC seconded to continue to June 15 th, Roll call vote was unanimous in favor. Pursuant to MGL ch 131, s 40 and Lunenburg Wetlands Bylaw and regulations as listed in chapter 239 The Conservation Commission will hold a public hearing on a Request for a Determination by David Blatt for the removal of trees at 411 Goodrich Street. Applicant not present, this is the 3 rd meeting in a row where the applicant has not shown or contacted the Conservation office. RB recommended to issue an enforcement order for filling in the 30-foot buffer zone as shown on a recent site visit. BP also thought the concrete driveway was in the buffer zone. RB moved/ JR seconded to issue a positive determination. Roll call vote was unanimous in favor. NM and MM recommend an enforcement order as well. Pursuant to MGL ch 131, s 40 and Lunenburg Wetlands Bylaw and regulations as listed in chapter 239 , The Conservation Commission will hold a public hearing on a Request for a Determination by John Welton for the construction of stairs, a landing and a dock within the 100 foot buffer zone at 205 Sunset Lane Map 129 Lot 68. NM said the applicant is waiting to hear back from MESA as they are located within NHESP habitat. RB moved/CC seconded to continue to June 15 th, . Roll call vote was unanimous in favor. NEW BUSINESS - Old Business- update on encroachment issues at : ===PAGE 4=== 192 Townsend Harbor Road 214 Townsend Harbor Road 240 Townsend Harbor Road 104 Woodland Drive 116 Woodland Drive BP said that 3 of the properties have complied, and the other 2 have been notified by Town Council that they are encroaching. They have been given 30 days notice to respond. JR asked if the ConsComm has sent any letters to other encroachers, Town Council recommends an incremental approach. Update on maintenance work at Hollis Road residence. BP said that he spoke with Julie Belliveau and thought it would be appropriate to break up the work and put it out to spec. The town now has a new DPW head, BP thinks we should approach him to get help getting the bid specs. ML has an appointment to speak with the person who lives at 123 Hollis Road on Friday. He is looking for the lawnmower. ENFORCEMENT: Violations (Enforcement Actions and Administrative Hearings). 238 Fire Road 16 Brandon Ducharme, and Engineer at David E. Ross presented revised plans for the as-built and the revegetation plan that incorporates the feedback from the last meeting. The new as-built now shows the compensatory flood storage – 394 cubic feet that was filled. The updated mitigation plan includes a planting schedule along the berm and flood storage, includes more trees and larger trees (2” caliper, 10-12’ trees). Trees were also added at the NE corner and the existing limit of work will also have additional mitigation plantings. JR asked about the design guide for erosion for MA planners. JR asked about the inspection and maintenance plan for reviewing erosion controls and asked if there is an inspection log for the erosion controls. BD said that daily and weekly inspections need to be done under NPDES for projects over an acre, while this project disturbed an area smaller than an acre. JR asked about the compensatory flood storage, BD said that the original OOC did not require compensatory storage for the project and that the impact over the entire water body would be less than an inch. RB had additional questions about flood storage (need more notes), said about 50 feet of driveway are missing. JR asked for additional remediation beyond the plan, including trees along the driveway, trees back in the floodplain, and the 0-30 feet revegetated back to the original state with 2” caliper trees. Comments from Butch: one area is out of jurisdiction. The trees that were cut down were mostly small. RB had a question on the video to confirm several questions. BP took a straw poll: BP, RB, CC and ML would like to see enough trees in the 30 foot buffer to imitate the existing canopy on the remediation plan. JR requested additional time to speak at the next meeting. 615 Townsend Street NON 48 Oak Ridge NON 23 Cove Road: BP noted that they put up a structure in the 30-foot no disturbance buffer, asked NM to go take a look at it. NON 54 Pine Grove EO 4 Gabes Place NON 366 Arbor St ON 205 Sunset: Property owners Marsha and Beers attended, they were asked to come with more information last time and they showed a presentation about why the lower legs of the dock were in the water. The size of the dock was due to a miscommunication with the builder on the size. Applicant claimed that the deck as built protects the bank. JR noted that the final deck is much larger than approved and that it would set a precedent, he asked that the deck be shortened to match the original plan. BP said that the original plan has been extended from 10’ to15’ on the upper deck and from 8’ to 15’ with no dock extending to the lake. Ryan said that the original plan would have some variance due to the complexity of the site. NM noted that the determination was based on the dock not extending into the resource area, but that the ===PAGE 5=== actual dock extends into the resource area which violates the negative determination which could require an NOI, and that the area is a priority habitat for rare species according to NHESP. Ryan said the bylaw allows for docks to be installed in the water, and that they have since filed with the state and expect to hear back from them by June 16th. RB said that floating temporary docks are allowed, but not permanent structures. BP took a straw poll with the Commission, and the majority requested that they return the deck to the originally approved footprint. Marsha asked that someone come out on site with them and explain what needs to be done clearly. Conscomm plans to do a site visit first and will revisit this issue at the next meeting. EO 408 Electric Ave: NM update EO 75 West St: RDA in process NON 509 Townsend Harbor Road: Site Update on trails grant – status report, if any.BP reported that the trail map signs have all been developed and are being ordered, the grant funds will have all been spent, so putting up the signs will need to be funded by the timber rights account. Needs work on the gate from DPW. Certificates of Compliance Pleasant St Bridge: JR noted that the bridge has significant openings where someone can slip through and the job does not appear to be done. RB says if it was built as designed, it should be approved, and he moved to approve the COC. CC seconded. Discussion of the bridge modifications related to the WPA and the bylaw. Roll Call vote 3/2, (BP, CC, and JV voted to approve, JR and ML voted against). 137 Flynn Road: continued, no partial issued as work is not yet complete. Will wait for revegetation to vote on full CoC 700/712 Mass Avenue: Roll call vote to issue duplicate COC. Extension Permit – Committee Reports – Any Update Administrator’s Reports/action items: Administrators Determination - The Woodlands 104 and 106 Royal Fern Drive has a dead tree that needs removal. BP recused himself as he lives in the Woodlands. ML moved/CC seconded approve tree removal. Roll call vote was unanimous to approve. 191 Peninsula 1 tree is 85 feet from the water. RB moved/CC seconded approve tree removal. Roll call vote was unanimous to approve. Open space and land and Trail use issues and strategies: Discussion of Gary Goldrup, expecting to hear from him in June. BP will reach out to him regarding forest cutting plans. Communications / public comment Move to adjourn by RB/CC seconded. Unanimous vote to adjourn at 11:04 PM Meeting schedule: Next meeting is June 15, 2022 at 7:00 PM BY ZOOM PLATFORM ======================================================================================== DOCUMENT : 2022-06-15-agenda-6319.txt BOARD : conservation-commission DATE : 2022-06-15 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2022-06-15-agenda-6319.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_06152022-6319 ======================================================================================== ===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 Nadia Madden, Jeffrey Viviano Conservation Administrator Michael Larouche Richard Tremblay, Associate Mary Wilson, Associate June 15 2022 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. Please address all comments to the chair. This meeting of the Conservation Commission will be held by Zoom at the Link provided on this notice. Zoom Meeting: https://us02web.zoom.us/j/7927370353 Meeting ID: 792 737 0353 One tap mobile: +19292056099,,7927370353# US (New York) 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. Please address all comments to the Chair. Minutes of previous meetings – June 1, 2022 Appointments/Hearings – commences at 7 PM 1. Appointment: 205 Sunset Road, Beers Property PUBLIC HEARINGS Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing will be held on a Notice of Intent by Ed McSweeney for the Construction of a single family home , garage and driveway at lot 3 Holman St. 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 Ed McSweeney for the Construction of a well and a water line in the buffer zone Lot A Northfield Road Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal ===PAGE 2=== Bylaws a public hearing on a Notice of Intent by Ed McSweeney for the Construction of a single family home , garage and driveway at lot 4 Holman St. Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaw, The Conservation Commission will hold a public meeting on a request for a determination and a bylaw waiver request by Dan Dugas for the extension (overhang) of an existing roof at 60 South Row Road. CONTINUED PUBLIC HEARINGS Pursuant to MGL ch 131, s 40 and Lunenburg Wetlands Bylaw and regulations as listed in chapter 239, a public hearing on a Notice of Intent (DEP # 208-1260) from V and V Lunenburg LLC for the redevelopment of a restaurant to a marijuana retail facility within the river front at 42 Summer Street. Pursuant to MGL ch 131, s 40 and Lunenburg Wetlands Bylaw and regulations as listed in chapter 239, a public hearing on a Notice of Intent by Hickory Hills Association for the approval of a whole lake management plan at Hickory Hills Lake at Townsend Harbor Road. Pursuant to MGL ch 131, s 40 and Lunenburg Wetlands Bylaw and regulations as listed in chapter 239, The Conservation Commission will hold a public hearing on a Notice of Intent by Fitchburg Land property Owner LLC to construct a 367,000 square foot warehouse and distribution facility with parking and storm water controls at 260 Fahlulah Road. Pursuant to MGL ch 131, s 40 and Lunenburg Wetlands Bylaw and regulations as listed in chapter 239 , The Conservation Commission will hold a public hearing on a Request for a Determination by John Welton for the construction of stairs, a landing and a dock within the 100 foot buffer zone at 205 Sunset Lane Map 129 Lot 68. NEW BUSINESS: Bequest from Sean H Kelley DEP – guidance on failure to act 755 Reservoir Road – Dock Topics not reasonably anticipated 48 hours in advance of meeting OLD BUSINESS: Update on encroachment issues at: 192 Townsend Harbor Road 214 Townsend Harbor Road 240 Townsend Harbor Road 104 Woodland Drive 116 Woodland Drive Hollis Road residence: Update on maintenance work and request for reimbursement Certificates of Compliance: 798-802 West Street Extension Permit Administrator’s Reports/action items: 131 White Street 372 Townsend Harbor Road 386 Sunset Lane ENFORCEMENT: Violations (Enforcement Actions and Administrative Hearings) 238 Fire Road 16 615 Townsend Street NON 48 Oak Ridge NON 23 Cove Road NON 54 Pine Grove EO 4 Gabes Place NON 366 Arbor St NON 205 Sunset, Beers lot EO 408 Electric Ave EO 75 West St NON 509 Townsend Harbor Road EO 24 Hemlock Road EO 411 Goodrich St Open Space and Land Use Update on trails grant – status report, if any. Committee Reports – Any Update Communications / public comment Adjourn Meeting schedule: Next meeting is July 6, 2022 at 7:00 PM BY ZOOM PLATFORM ======================================================================================== DOCUMENT : 2022-06-15-minutes-6319.txt BOARD : conservation-commission DATE : 2022-06-15 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2022-06-15-minutes-6319.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_06152022-6319 ======================================================================================== ===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 Nadia Madden, Jeffrey Viviano Conservation Administrator Michael Larouche Richard Tremblay, Associate Mary Wilson, Associate June 15 2022 7:00 PM Minutes ZOOM REMOTE MEETING Call to Order at 7:05 Participants: BP, JR, RB, PA, JV, MR Associates: MW and RT. Not present: CC Announcements Public Comment BP: Shared his take aways from the Select Board comments during Conservation Commission appointment process:  The Commission’s meetings are too long and not respectful of the public’s time. Individual members should ask themselves if all their comments really add value or are necessary to the process. We were urged to try to improve the “user experience” for the applicants.  Commissioners were urged to “stay in their lane”. This means administering the inland act and not getting distracted by other issues unrelated to compliance with the state or local wetlands regulations. All our votes should be based on wetlands considerations. Votes based on other issues will not stand up in court.  The authority of the Commission lies with the Commission as a whole and not with individual commissioners. Once the commission has voted on an issue, Individual commissioners should accept the decision and not work against it as individuals. The Commission should work as a team. Minutes of previous meetings – June 1, 2022. ML moved/JV seconded to approve. Roll Call vote 5 in favor with 1 abstain (JR). Appointments/Hearings – commences at 7 PM 1. Appointment: 205 Sunset Road, Beers Property The owners Ryan Coffren and Marsha Beers shared an as-built plan “Updated plan for stairs 6-9- 2022”. JR commented that the committee has the right to request that the structure be taken back to what is approved within the 30-foot no disturb line. JR also expressed concerns regarding habitat by permitting platforms within the 30-foot boundaries. RC gave a short presentation about ===PAGE 2=== the field changes to site work and the potential impacts to the bank from shortening the existing landings. JR inquired about kayaks on the bank and applicant explained they have installed kayak racks on the dock and are not storing anything on the ground on their property. Associate member RT shared a few pictures from the site walks on Saturday with the opinion that the supports did not have any impact on the bank. RC asked which bylaws were being violated by the project. Comment from Paula Bertram, member of the public, that the applicant had doneeverything possible to avoid impact. NM noted that the applicant had sent their project for review by MESA and received a “no take” from Natural Heritage for the bald eagle habitat. RB said that the applicant had a gross miscommunication with the field changes and that the work does not conform with the original plans, and that both the structure and the floating docks will create additional erosion and prevent plant growth. JV said that the deck should remove foot traffic from the steep bank which will be better for erosion, and that the dock can be stored on the rocky shoreline which will be exposed during the drawdown. He thinks they need to go with the original 124 sq feet approved and the stairs, and asked if the applicant would be willing to take one of the platforms away. RB noted that the Commission should not condone storage on the lakebed in a meeting. BP thought the removal of the landings will create erosion issues in the long run if people spend more time on the bank. BP requested a straw poll from the Commission regarding the structure size. RB, JV, PA, and ML thought the applicants should return the structures with the originally approved size for the landings. RB suggested that the applicant return with a plan that is more consistent with the original plan. JV moved to continue/RB seconded to approve. Roll call vote unanimous in favor. PUBLIC HEARINGS Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing will be held on a Notice of Intent by Ed McSweeney for the Construction of a single family home, garage and driveway at lot 3 Holman St. Nadia noted that there have been issues with abutter notification and that the hearings are being re- advertised. RB moved to continue to July 6th/JV seconded. Roll call vote unanimous in favor. 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 Ed McSweeney for the Construction of a well and a water line in the buffer zone Lot A Northfield Road RB moved to continue to July 6th/JV seconded. Roll call vote unanimous in favor. 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 Ed McSweeney for the Construction of a single family home , garage and driveway at lot 4 Holman St. RB moved to continue to July 6th/ML seconded. Roll call vote unanimous in favor. Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaw, The Conservation Commission will hold a public meeting on a request for a determination and a bylaw waiver request by Dan Dugas for the extension (overhang) of an existing roof at 60 South Row Road. DD says the closest approach from the overhang to the lake is 25’. JV said that any new structures within 50 feet needs to be taken down, including the extension to the roof. RB agreed. BP suggested that a lattice be put up instead so that the surface is not impervious (i.e. so that water goes through it). RB recommends that the applicant continue and submit plans. JV suggests keeping the bones and removing the roofing, then using the supports to put up a lattice or a pergola. JR recommended getting measurements from the corners of the house to the high water ===PAGE 3=== mark (both with new roof and old). JV moved/ML seconded to continue to July 6th. Roll call vote unanimous in favor. CONTINUED PUBLIC HEARINGS Pursuant to MGL ch 131, s 40 and Lunenburg Wetlands Bylaw and regulations as listed in chapter 239, a public hearing on a Notice of Intent (DEP # 208-1260) from V and V Lunenburg LLC for the redevelopment of a restaurant to a marijuana retail facility within the river front at 42 Summer Street. NM said the applicant has requested a continuation. JV moved/ML seconded to continue to July 6th. Roll call vote was unanimous in favor. Pursuant to MGL ch 131, s 40 and Lunenburg Wetlands Bylaw and regulations as listed in chapter 239, a public hearing on a Notice of Intent by Hickory Hills Association for the approval of a whole lake management plan at Hickory Hills Lake at Townsend Harbor Road. Paula Bertram presented “Addendum to Hickory Hills Notice of Intent” (new submission as of 6/15/22) with additional information on the planned treatments for the lake. Barley straw is proposed but would be covered in an additional RDA to the Commission. Their main concern is fanwort and they would like to move ahead with diver suctioning. John Fortune presented on the proposed drawdown. BP asked if the addendum would be the list of approved activities under the OOC. PB said yes. RB asked that the prior NOI for the drawdown be submitted as part of the application for the benefit of the new members of the Commission. JF offered to send them. RB asked JF to report the statistics on mussels and the fishing as part of the application so the commission has information. RB also asked about the PAC treatments (Alum) and if Hickory Hills had done any pre and post treatment testing to determine phosphate levels before and after the treatment to determine if the treatments affected the phosphate and thus the algae growth, as without testing there is no way to determine if this was due to the PAC treatment or just general conditions.. BP moved to close the hearing with additional changes to be made through a field change. RB noted that there is no DEP number yet so the hearing cannot be closed tonight. ML asked how the water quality can be ranked. JF said that there are signs of clean water such as presence of species such as freshwater jellyfish and that they are conducting water quality testing as well. PB says the fanwort presence is much less than what it was prior to treatment, while there has been an increase in phosphorous. Carl Strathmeyer says water quality is a B or a B+, and that the influx of phosphorous is a major threat to the lake water quality which is why they are doing stormwater testing to identify P influxes. RB stated that varied drawdown is recommended by the state. ML moved/RB seconded to continue to July 6th. Roll call vote was unanimous in favor. Pursuant to MGL ch 131, s 40 and Lunenburg Wetlands Bylaw and regulations as listed in chapter 239, The Conservation Commission will hold a public hearing on a Notice of Intent by Fitchburg Land property Owner LLC to construct a 367,000 square foot warehouse and distribution facility with parking and storm water controls at 260 Falujah Road. NM said applicant has asked to continue and that we need a vote from the conscomm requiring peer review. RB moved/ML seconded to peer review by Graves engineering of the wetlands regulations DEP and bylaw. Roll call vote was unanimous in favor. RB moved/ML seconded to continue to July 6th. Roll call vote was unanimous in favor ===PAGE 4=== Pursuant to MGL ch 131, s 40 and Lunenburg Wetlands Bylaw and regulations as listed in chapter 239 , The Conservation Commission will hold a public hearing on a Request for a Determination by John Welton for the construction of stairs, a landing and a dock within the 100 foot buffer zone at 205 Sunset Lane Map 129 Lot 68. The applicant John Welton presented the prior plan as well as an updated plan submitted on 4.25.22. RT asked about the trees being removed and if they are being removed because they are dead or because they are in the way of building the stairs. JW said they are for both. NM asked where the applicant’s home is and if they own a home in Lunenburg. JW says their home is in Shirley and this is the only property they own in the town. NM said that the building inspector had questions about the stairs being built being to code, and asked if the applicant has shared the plans with the building department. JR questioned the safety of parking on the street as there is a guardrail on that side of the street. JV moved/PA seconded the RDA with the conditions that the stairs are to not to exceed 4 feet width, with the landing at the water’s edge not to exceed 8x10’, and that four trees be planted 2” in diameter on the side of the stairs. Roll call vote, 3 in favor (BP, PA, JV) 3 opposed (JR, RB, and ML). JR asked for more details on the stairs and plans prior to continuation. JV said that the Commission reviewed a very similar plan and approved it, and that we should be consistent. RB noted that parking is an issue and is within the 100 foot buffer. ML asked if the applicant can get a letter granting permission to park on the curb from a neighboring property owner. NEW BUSINESS: Bequest from Sean H Kelley: BP said Sean Kelley of 77 Peninsula Drive has left his net estate to the Conservation Commission. He will be working with Town Council on receiving the gift. DEP – guidance on failure to act shared by NM. 755 Reservoir Road – Dock – Homeowner was not present, they need to file an RDA for a new dock. BP said they can schedule a pre-filing meeting as needed. OLD BUSINESS: Update on encroachment issues at: 192 Townsend Harbor Road 214 Townsend Harbor Road 240 Townsend Harbor Road 104 Woodland Drive 116 Woodland Drive 214 and 240 Townsend Harbor Road have both written letters confirming that they have removed their encroachment onto town land. They will be removed from the encroachment list going forwards Hollis Road residence: Update on maintenance work and request for reimbursement ML presented an invoice from heating for $305.43 from the resident at Hollis road. ML moved/BP seconded to reimburse the tenant for the bill. Roll call vote was unanimous in favor. NM noted that the resident needs to present proof that they paid the bill (cancelled check or credit card receipt) in order to be reimbursed. ML says he can get this from the tenant. ===PAGE 5=== The tenant has been maintaining the pollinator habitat on a volunteer basis, as lease calls for her to volunteer a certain number of hours to maintain the property. There is a potential charge of $645 that will be coming up from getting a goat to get rid of poison ivy. They are still waiting for a soil report for adding vinegar to the soil to remove the poison ivy, with clear plastic as an alternative. ML moved/BP seconded to spend $650 on using goats for removal of poison ivy. Roll call vote was unanimous in favor. Certificates of Compliance: 798-802 West Street: RJ Tibault requests a CoC for an older OOC for a septic system. Nadia stated that the Commission went out on June 11 and the site has been fully revegetated. PA moved/JV seconded to issue a CoC for 798-802 West Street . Roll call vote was unanimous in favor. Extension Permit Administrator’s Reports/action items: 131 White Street: JV said these are large pines, mostly dead or dying. JV asked if they can replant 3 trees in the area closest to the brook. RB recommends that the commission require an RDA for removal of 20+ trees. JR moved/ML seconded to ask applicant to submit an RDA with replanting plans for trees cut within 30 feet no-disturb buffer. Roll call vote was unanimous in favor. 372 Townsend Harbor Road: NM said the applicant wants to plant arborvitae along a runoff trench on her property. The closest approach is 25” from the water and planting and loaming are listed as exempt under the bylaw and covered by an administrative determination. Grading along the trench is almost flat. RB moved/ML seconded to approve the administrative determination. Roll call vote was unanimous in favor. 386 Sunset Lane: Homeowner Richard Tremblay asked to remove some trees that have broken and fallen into the water. He will replace them with trees that grow to a lower height so that they survive on this lot. JR moved/ML seconded to approve the administrative determination. Roll call vote was unanimous in favor. ENFORCEMENT: Violations (Enforcement Actions and Administrative Hearings) 238 Fire Road 16 Butch Magurn provided the 6.9.22 plans with regrading back up to 308 (AB) and an additional 3 trees on the mitigation replanting (MIT). RB asked if the wildflower mix is what they plan to replant with along with the trees. JR asked for the revegetation plan along the driveway and asked if they plan to add topsoil as well to replant trees. BP said that the straw poll of the Commission at the last meeting did not require additional trees along the driveway. BP said that the applicant supplied everything required from the last meeting, and requested a motion to accept the remediation plan and assign the administrator to monitor the plan being followed. JV moved/ PA seconded to accept the remediation plan and remove the stop work order to have the applicant move forward with remediation of the site per the plan. Roll call vote was 5- 1 (JR opposed). ===PAGE 6=== BM asked if he has approval to put his rolling dock in from his prior NOI. RB asked to show it on the approved plan. BP asked BM to bring it as a field change and come back before the commission for approval. NON 23 Cove Road: NM said that the work there appeared to be clearing vegetation by Unitel next to the utility pole. EO 4 Gabes Place: replanting plan submitted. NM to take commission out for site visit. NON 205 Sunset, Beers lot – discussed earlier this meeting EO 408 Electric Ave: Cease and Desist letter issued. EO 75 West St: Concern was on the far side of West street. There was additional dumping and fill on that side of the street and their camper was parked there as well EO 24 Hemlock Road: NM was contacted by homeowner who said Unitel had cut trees recently. Open Space and Land Use Update on trails grant – BP said the last sets of signs have been ordered and he is planning to close out the grant. Committee Reports – Any Update Communications / public comment Members of the commission thanked JR for his hard work on the Commission. JR reflected on his 8 years of service on the Commission and expressed thanks for the opportunity to serve. NM asked about rescheduling site walks and they will be on Friday 7/1 instead of Saturday 7/2. RB asked for clarity from the Select Board comments that the meetings are too long and improving the user experience for applicants. RB/JV M/S to adjourn at 11:02pm. Unanimous vote to adjourn, roll call vote. Adjourned ======================================================================================== DOCUMENT : 2022-07-06-agenda-6320.txt BOARD : conservation-commission DATE : 2022-07-06 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2022-07-06-agenda-6320.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_07062022-6320 ======================================================================================== ===PAGE 1=== Town of Lunenburg Conservation Commission Bob Pease, Chair Tel: (978) 582-4146 Richard Bursch, Vice Chair 960 Massachusetts Ave. Jeffrey Viviano Clerk Lunenburg, MA 01462 Patricia Adams Catie Childs Michael Larouche Mary Wilson Richard Tremblay, Associate Nadia Madden, Conservation Administrator July 6 2022 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. Please address all comments to the chair. This meeting of the Conservation Commission will be held by Zoom at the Link provided on this notice. Join Zoom Meeting: https://us02web.zoom.us/j/7927370353 Meeting ID: 792 737 0353 One tap mobile: +19292056099,,7927370353# US (New York) 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. Please address all comments to the Chair. Minutes of previous meetings – June 15, 2022 Appointments/Hearings – commences at 7 PM 9pm: 132 Hemlock Drive PUBLIC MEETINGS AND HEARINGS Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public meeting on a Request for Determination of Applicability by Arnold Dumay for the construction of a septic system and associated grading at 216 Highland Street. Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public meeting on a Request for Determination of Applicability by Brian Haas for the paving of a driveway at 509 Townsend Harbor Road. 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 Matthew Proctor for the construction of a permeable paver ===PAGE 2=== patio at 172 Peninsula Drive. 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 Matthew Proctor for the replacement of a retaining wall at 207 Fire Road 16. 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 (DEP # 208-1261) by Ed McSweeney for the construction of a house and associated grading in the buffer zone Lot 5 Northfield Road. CONTINUED PUBLIC HEARINGS Pursuant to MGL ch 131, s 40 and Lunenburg Wetlands Bylaw and regulations as listed in chapter 239 , a public hearing on a Request for a Determination by John Welton for the construction of stairs, a landing and a dock within the 100 foot buffer zone at 205 Sunset Lane Map 129 Lot 68. Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaw, a public meeting on a request for a determination and a bylaw waiver request by Dan Dugas for the extension (overhang) of an existing roof at 60 South Row Road. Pursuant to MGL ch 131, s 40 and Lunenburg Wetlands Bylaw and regulations as listed in chapter 239, a public hearing on a Notice of Intent (DEP # 208-1260) from V and V Lunenburg LLC for the redevelopment of a restaurant to a marijuana retail facility within the river front at 42 Summer Street. Pursuant to MGL ch 131, s 40 and Lunenburg Wetlands Bylaw and regulations as listed in chapter 239, a public hearing on a Notice of Intent by Hickory Hills Association for the approval of a whole lake management plan at Hickory Hills Lake at Townsend Harbor Road. 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 (DEP # 208-1262) by Ed McSweeney for the Construction of a single family home, garage and driveway at lot 3 Holman St. 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 (DEP # 208-1263) by Ed McSweeney for the Construction of a well and a water line in the buffer zone Lot A Northfield Road. 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 (DEP # 208-1264) by Ed McSweeney for the Construction of a single family home , garage and driveway at lot 4 Holman St. Pursuant to MGL ch 131, s 40 and Lunenburg Wetlands Bylaw and regulations as listed in chapter 239, a public hearing on a Notice of Intent (DEP # 208-1265) by Fitchburg Land property Owner LLC to construct a 367,000 square foot warehouse and distribution facility with parking and storm water controls at 260 Fahlulah Road. NEW BUSINESS: Topics not known 48 hours in advance of meeting OLD BUSINESS: Update on encroachment issues at: 192 Townsend Harbor Road 104 Woodland Drive 116 Woodland Drive Hollis Road residence: Update on maintenance work, reimbursement Certificates of Compliance: 30 Gilchrest St, Lots #1 and #2 50 Page St, Lot #2 939 Northfield Rd 72 Hemlock Drive ===PAGE 3=== Extension Permit: Administrator’s Reports/action items: 475 Leominster-Shirley Road – field change ENFORCEMENT: Violations (Enforcement Actions and Administrative Hearings) 238 Fire Road 16 615 Townsend Street NON 48 Oak Ridge NON 23 Cove Road NON 54 Pine Grove EO 4 Gabes Place NON 336 Arbor St NON 205 Sunset, Beers lot EO 408 Electric Ave EO 75 West St NON 509 Townsend Harbor Road EO 24 Hemlock Road EO 411 Goodrich St 445 Townsend Harbor Road Election of Officers Open Space and Land Use Open Space Committee LCC represtentative Howard Street Driveway Permit application Update on trails grant – status report, if any. Update on consultation with Town Counsel Stormwater Committee – LCC representatve Committee Reports – Any Update Communications /Public comment Adjourn Meeting schedule: Next meeting is July 20, 2022 at 7:00 PM ======================================================================================== DOCUMENT : 2022-07-06-minutes-6320.txt BOARD : conservation-commission DATE : 2022-07-06 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2022-07-06-minutes-6320.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_07062022-6320 ======================================================================================== ===PAGE 1=== Town of Lunenburg Conservation Commission Bob Pease, Chair Tel: (978) 582-4146 Richard Bursch, Vice Chair 960 Massachusetts Ave. Jeffrey Viviano Clerk Lunenburg, MA 01462 Patricia Adams Catie Childs Michael Larouche Mary Wilson Richard Tremblay, Associate Nadia Madden, Conservation Administrator July 6 2022 7:00 PM Minutes ZOOM REMOTE MEETING Roll Call: BP, JV, CC, ML, MW Not Present: PA, RB Also Present: RT (Associate), NM (Administrator) Call to Order Announcements MW announced that the Lunenburg Snow Riders won a MassTrails grant that will be used to upgrade five Conservation properties with kiosk building, adding gravel to Cowdrey parking lot, stump grinding and other activities. 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. Please address all comments to the Chair. Chris Anderson from Hannigan Engineering requested a field change to install a curtain drain on the periphery of the 100’ buffer zone, he shared the plan with the commission. They have already been before the planning board and had the plan peer reviewed. They are also looking for permission to clean out the corrugated metal pipe which provides drainage under the railroad, they have proposed to jet and clean the pipe for maintenance. Site walks were conducted on 7/1. ML asked what the diameter of the corrugated pipe that is going to be cleaned is, CA said the diameter is 18”. JV Moved/CC Seconded to approve this as a field change. Roll Call vote, unanimous to approve. Kenneth Kohlstrom, owner of 16 Ruth Street requests an emergency order of conditions for a tree that was hit by lightning on his property. JV drove by the tree and saw the oak tree is split from top to bottom and is a safety hazard. JV Moved/ML seconded to ratify emergency order of conditions for Ken Kohlstrom. Roll Call vote, unanimous to ratify. Minutes of previous meetings – June 15, 2022. NM noted that these minutes are not quite complete and will be reviewed at the next meeting. PUBLIC MEETINGS AND HEARINGS Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and ===PAGE 2=== Municipal Bylaws a public meeting on a Request for Determination of Applicability by Arnold Dumay for the construction of a septic system and associated grading at 216 Highland Street. Trevor Fletcher with Graz Engineering showed the plan of a septic system with grading in the 100- foot buffer. NM asked where the wetlands flagging came from as the wetlands were off the property. JV asked if the BOH has approved the septic design. TF said they are looking for a negative determination before going to the BOH. JV/ML M/S to give a negative determination. Roll Call vote, unanimous to approve. Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public meeting on a Request for Determination of Applicability by Brian Haas for the paving of a driveway at 509 Townsend Harbor Road. Brian Haas, owner has already paved their previously crushed stone driveway and also cut trees along the driveway. MW asked if any trees were cut and where. BH said there were 5 trees cut along the driveway. There were also some stumps in the bumpout. CC asked if the new driveway is the same dimensions as the prior driveway. BH said the bumpout was an extension. CC asked if these changes could be written into the plan. RT asked about the approximate size of the trees that were cut. BH said it had a diameter of a couple feet and was taller than the house. JV said he saw a pine stump that was 30-40’ ion diameter and saw a lot of gravel falling down the hill towards the wetlands. He would like to see it cleaned up and see at least 1 tree replanted. Abutter Sue Petralia of 518 Townsend Harbor Road noted that the driveway was on her land and that the applicant should have gotten a permit first. She is concerned that the driveway will now run off to her property and that a berm was removed between the applicant and her property. She asked that he remove and scrape down the driveway back to its original level. BH said the repaving of the street was significantly higher and that the new driveway is on par with the street. CC asked for a plan with driveway dimensions, property lines, and distance from the wetlands. BP discussed the issue regarding a 21-day limit for making a determination on an RDA. BH said they would like to continue with clear direction about what else the Commission needs to see. JV would like to see a plan with a 30’- and 50’ wetlands boundary with prior and current conditions and the property lines, location of prior trees and diameters of previous stumps. ML asked what the height of the original driveway was, and to have the property lines plotted on the plan. MW would like to see the berm and woody bushes on the plan. CC asked for pictures of the prior and current condition of the driveway. Public comment: Abutter SP has some pictures prior to the driveway being put in, will send to NM. ML Moved/CC seconded to move the application to July 20th. Roll Call vote, unanimous 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 Matthew Proctor for the construction of a permeable paver patio at 172 Peninsula Drive. Matthew Proctor of M Proctor Masonry presented the NOI to build a permeable stone paver patio at 172 Peninsula Drive. BP noted that there is no DEP# for the project yet, so the hearing cannot be closed. ML Moved/JV seconded to continue to July 20th. Roll Call vote, unanimous 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 Matthew Proctor for the replacement of a retaining wall at 207 Fire Road 16. BP noted that there is no DEP# for the project yet, so the hearing cannot be closed. ML/CC M/S to continue to July 20. Roll Call vote, unanimous to approve. ===PAGE 3=== Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Notice of Intent (DEP # 208-1261) by Ed McSweeney for the construction of a house and associated grading in the buffer zone Lot 5 Northfield Road. NM noted that applicant has asked to continue until July 20th so that they can re-advertise. M/S to continue to July 20th. Roll Call vote, unanimous to approve. CONTINUED PUBLIC HEARINGS Pursuant to MGL ch 131, s 40 and Lunenburg Wetlands Bylaw and regulations as listed in chapter 239 , a public hearing on a Request for a Determination by John Welton for the construction of stairs, a landing and a dock within the 100 foot buffer zone at 205 Sunset Lane Map 129 Lot 68. JW asked to just put their dock on wheels in for now instead of any stairs and landings. They will also remove a downed tree which is deadwood. ML asked how the applicant will put the dock in and store it. JW will float the dock over from a friend’s house nearby. BP thought it was a shame that stairs cannot be put in on the site. PB recommends going to the ZBA for a waiver for the site, and says that an approval under the WPA would help in getting a waiver from the ZBA. JV said the big hangup with this was parking and would be in favor of approving a set . JV/CC moved to make a negative determination with the following conditions: Set of stairs with 2 landings not to exceed 4’ wide. 8x10 deck area not to extend over water. Removable dock 4x32. 2 trees 1” diameter on either side of second flight of stairs. No parking shall occur on this parcel. Roll Call vote, unanimous to approve. Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaw, a public meeting on a request for a determination and a bylaw waiver request by Dan Dugas for the extension (overhang) of an existing roof at 60 South Row Road. Owner Dan Dugas will remove his roof and put on a permeable shade fabric on their overhang. He also provided a plan marking the distances from the roof to the resource area (Little Hickory Lake). JV Moved/CC seconded to issue a negative determination given revised plan. Roll Call vote, unanimous to approve. Pursuant to MGL ch 131, s 40 and Lunenburg Wetlands Bylaw and regulations as listed in chapter 239, a public hearing on a Notice of Intent (DEP # 208-1260) from V and V Lunenburg LLC for the redevelopment of a restaurant to a marijuana retail facility within the river front at 42 Summer Street. JV Moved/ML Seconded to approve with a standard order of conditions. Roll Call vote, unanimous to approve. Pursuant to MGL ch 131, s 40 and Lunenburg Wetlands Bylaw and regulations as listed in chapter 239, a public hearing on a Notice of Intent by Hickory Hills Association for the approval of a whole lake management plan at Hickory Hills Lake at Townsend Harbor Road. Paula Bertram submitted an addendum to the Notice of Intent and said an RDA will be filed for storm water work. She requested guidance regarding hand raking from ConsComm in terms of what can be allowable, and understands that dredging will require 401 storm water certification. Paula will revise the document to create a draft order of conditions and send to NM to create a draft OOC for Hickory Hills. CC Moved/JV seconded to continue public hearing to July 20th. Roll call vote unanimous in favor. Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and ===PAGE 4=== Municipal Bylaws a public hearing on a Notice of Intent (DEP # 208-1262) by Ed McSweeney for the Construction of a single family home, garage and driveway at lot 3 Holman St. ML Moved/JV Seconded to continue to July 20th. Roll call vote unanimous in favor.. 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 (DEP # 208-1263) by Ed McSweeney for the Construction of a well and a water line in the buffer zone Lot A Northfield Road. ML Moved/JV Seconded to continue to July 20th. Roll call vote unanimous in favor. 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 (DEP # 208-1264) by Ed McSweeney for the Construction of a single family home , garage and driveway at lot 4 Holman St. ML moved/JV seconded to continue to July 20th. Roll call vote unanimous in favor. Pursuant to MGL ch 131, s 40 and Lunenburg Wetlands Bylaw and regulations as listed in chapter 239, a public hearing on a Notice of Intent (DEP # 208-1265) by Fitchburg Land property Owner LLC to construct a 367,000 square foot warehouse and distribution facility with parking and storm water controls at 260 Fahlulah Road. NM said applicant has asked to continue to 9/7 as they are still working on getting approval from Fitchburg and other town boards. ML moved/JV seconded to continue to September 7th. Roll call vote unanimous in favor.. 9pm Appointment: 132 Hemlock Drive Kaitlyn Naughton has put a dock in and is filing an RDA. BP discussed the need for standing to apply given that the dock may be on Hickory Hills Landowners Inc. property. John Fortune of HHLI showed a picture of the dock and said the end of the dock may be below the high-water mark which is part of the HHLI-owned shoreline as all land under water and 1 foot above the high-water mark is owned by HHLI. He said HHLI has a process to follow for residents to get dock approval. JV asked whose property it is on, KN said it is owned by a neighbor who has given permission to build NEW BUSINESS: NM said Lake Shirley is coming to talk to ConsComm about their pre-treatment survey and plan on 7/20. OLD BUSINESS: Update on encroachment issues at: 192 Townsend Harbor Road 104 Woodland Drive 116 Woodland Drive BP was not able to make the meeting with Town Council and find out what had been done with encroachment issues. Hollis Road residence: ML said the pollinator group is now looking to bringing in a brush mower instead of goats and vinegar. This will likely cost less and do more to eradicate poison ivy. 123 Hollis Road: The resident has been sick and gone on vacation so ML has not been able to connect with her yet. ML and BP discussed the need for getting quotes for window replacement and touching base with the Assistant Town Manager. ===PAGE 5=== Certificates of Compliance: 30 Gilchrest St, Lots #1 and #2 JV/ML M/S to issue COC. Roll call vote unanimous in favor. 50 Page St, Lot #2 JV/ML M/S to issue COC. Roll call vote unanimous in favor. 939 Northfield Rd NM asked if any commission member knew if this had been approved as there was a written request from the applicant and notes on the 5/18 minutes. BP asked that NM continue to work on due diligence for this lot. 72 Hemlock Drive ML/JV M/S to issue COC. Roll call vote unanimous in favor. ENFORCEMENT: Violations (Enforcement Actions and Administrative Hearings) 238 Fire Road 16 NM shared a plan submitted by the Magurns for the removable dock which they are requesting a field change for per the recommendation of Matt Marro, the previous administrator. The dock is 4’x36’ and is removable. JV/CC M/S to accept the 4’x36’ removable dock as a field change. Roll call vote unanimous in favor. NON 23 Cove Road NON 48 Oak Ridge NON 54 Pine Grove NON 336 Arbor St NM noted that the above 4 properties have not responded to the letters of noncompliance and explained that the likely next step would be issuing formal enforcement orders. BP recommended a site visit and issuance of enforcement orders for all properties that have not responded to letters of noncompliance. EO 4 Gabes Place: Reviewed remediation plan and photos submitted by homeowner Brian Richards. BR explained that he had cleaned up a fallen tree and then raked out the leaves and brush in the back of the property where there was a small stream. Once he was informed by the LCC that this was a disturbance to the 30’ no-touch wetlands buffer he stopped JV moved/JV seconded to approve remediation plan. Roll Call vote, unanimous to approve. NON 205 Sunset, Beers lot – NM noted they are likely to come back with a modified plan after working with the building inspector to ensure they are up to code. EO 408 Electric Ave – Has submitted an RDA EO 75 West St – RDA in progress EO 411 Goodrich St – NM has not heard back from the property owner, LCC issued a positive determination on 5/18 and an enforcement order shortly thereafter. BP instructed Nadia to start looking at fines as defined by the Lunenburg bylaw. 445 Townsend Harbor Road – Report of work beyond the order of conditions in the wetlands buffer. NM to look into this site and send a letter of noncompliance as needed. Election of Officers BP suggested to defer elections for another night when a full board is in session. BP asked if anyone ===PAGE 6=== else wants to be chair. Stormwater Committee – LCC representative No nominations at this time. Open Space and Land Use Open Space Committee LCC representative – Mary Wilson offered to join. ML moved/JV seconded to nominate MW for the Open Space Committee. Roll Call vote was unanimous to approve. Howard Street Driveway Permit application. BP has applied for a permit for a driveway to Table Rock and the new DPW director requested an engineered plan. BP has shared a quote for $1,800 from Dillis and Roy. He said another member also suggested that the ConsComm pursue a logging operation, where the logger would create an entrance at the front of the property. There is a mound of stone and dirt that blocks trail access from the road. There is currently $25K in the timber rights fund, with another $29K coming in from upcoming forestry on Hollis Road. MW moved/ML seconded to approve 1,800 from Timber Rights Revolving Fund to fund engineered plan by Dillis and Roy. Roll Call vote was unanimous to approve. BP shared a $1000 invoice for GIS work on trail maps by MRPC. ML moved/ JV seconded moved/ seconded to approve $1000 from Timber Rights Revolving Fund to pay for GIS work on trail maps by MRPC. Roll Call vote was unanimous to approve. BP shared a bill for $250 from CAI Axis GIS to provide a trails layer for the town website. RB moved/ MW seconded moved/ seconded to approve $250 from Timber Rights Revolving Fund to pay CAI Axis GIS. Roll Call vote was unanimous to approve. BP acknowledged the work of Lynn Mann and her husband Bruce in making all the signs for the kiosks. MW commented that she was impressed by how good the signs look. Update on consultation with Town Counsel BP shared the notes from office hours with Town Counsel, RB, and NM with the Commission. Committee Reports – No update Communications /Public comment – no comments ML Moved/JV Seconded to adjourn at 10:10 pm. Roll Call vote, unanimous to approve. Adjourn Meeting schedule: Next meeting is July 20, 2022 at 7:00 PM ======================================================================================== DOCUMENT : 2022-07-20-agenda-6301.txt BOARD : conservation-commission DATE : 2022-07-20 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2022-07-20-agenda-6301.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_07202022-6301 ======================================================================================== ===PAGE 1=== Town of Lunenburg Conservation Commission Bob Pease, Chair Tel: (978) 582-4146 Richard Bursch, Vice Chair 960 Massachusetts Ave. Jeffrey Viviano Clerk Lunenburg, MA 01462 Patricia Adams Catie Childs Michael Larouche Mary Wilson Richard Tremblay, Associate Nadia Madden, Conservation Administrator July 20 2022 7:00 PM Agenda (Revised on 7/18/22) 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. Please address all comments to the chair. This meeting of the Conservation Commission will be held by Zoom at the Link provided on this notice. Join Zoom Meeting: https://us02web.zoom.us/j/7663167607 Meeting ID: 766 316 7607 One tap mobile: +16469313860,,7663167607# US 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. Please address all comments to the Chair. Minutes of previous meetings – June 15 and July 6 Appointments/Hearings – commences at 7 PM 7pm: Lake Shirley – Survey and Treatment Plan PUBLIC MEETINGS AND HEARINGS Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public meeting on a Request for Determination of Applicability by Arthur Magurn for the installation of a floating dock on Lake Shirley at 238 Fire Road #16. Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public meeting on a Request for Determination of Applicability by Daisy Joanne LLC for septic system repair and associated grading within the 100’ wetlands buffer at 55 Maple Parkway. 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 (DEP # 208-1261) by Ed McSweeney for the construction of a house and associated ===PAGE 2=== grading in the buffer zone Lot 5 Northfield Road. 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 (DEP # 208-1262) by Ed McSweeney for the Construction of a single family home, garage and driveway at lot 3 Holman St. 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 (DEP # 208-1263) by Ed McSweeney for the Construction of a well and a water line in the buffer zone Lot A Northfield Road. 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 (DEP # 208-1264) by Ed McSweeney for the Construction of a single family home, garage and driveway at lot 4 Holman St. CONTINUED PUBLIC HEARINGS Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public meeting on a Request for Determination of Applicability by Brian Haas for the paving of a driveway at 509 Townsend Harbor Road. 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 Matthew Proctor for the construction of a permeable paver patio at 172 Peninsula Drive. 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 Matthew Proctor for the replacement of a retaining wall at 207 Fire Road 16. Pursuant to MGL ch 131, s 40 and Lunenburg Wetlands Bylaw and regulations as listed in chapter 239, a public hearing on a Notice of Intent by Hickory Hills Association for the approval of a whole lake management plan at Hickory Hills Lake at Townsend Harbor Road. NEW BUSINESS: Election of Officers (If all members participating) Request for field change - 238 Fire Road #16 Donation – 360 New West Townsend Road Topics not known 48 hours in advance of meeting OLD BUSINESS: Update on encroachment issues at: 192 Townsend Harbor Road 104 Woodland Drive 116 Woodland Drive Hollis Road residence: Update on maintenance work, reimbursement. Certificate of Compliance: 68 Laurel Lane (DEP #208-0812) Administrative Determination: Lizard Island ENFORCEMENT: Violations (Enforcement Actions and Administrative Hearings) AH Horizon Island Causeway NON 48 Oak Ridge NON 54 Pine Grove NON 336 Arbor St NON 205 Sunset, Beers lot EO 408 Electric Ave EO 75 West St EO 24 Hemlock Road EO 411 Goodrich St EO 615 Townsend Street 445 Townsend Harbor Road Open Space and Land Use Howard Street Driveway Permit application Update on trails grant – status report, if any. Update on consultation with Town Counsel Committee Reports – Any Update Stormwater Committee – LCC representative needed Communications /Public comment Adjourn ===PAGE 3=== Meeting schedule: Next meeting is August 3, 2022 at 7:00 PM ======================================================================================== DOCUMENT : 2022-07-20-minutes-6301.txt BOARD : conservation-commission DATE : 2022-07-20 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2022-07-20-minutes-6301.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_07202022-6301 ======================================================================================== ===PAGE 1=== Town of Lunenburg Conservation Commission Bob Pease, Chair Tel: (978) 582-4146 Richard Bursch, Vice Chair 960 Massachusetts Ave. Jeffrey Viviano Clerk Lunenburg, MA 01462 Patricia Adams Catie Childs Michael Larouche Mary Wilson Richard Tremblay, Associate Nadia Madden, Conservation Administrator July 20 2022 7:00 PM Minutes ZOOM REMOTE Present: BP, JV, PA, CC, ML, MW Absent: RB Also Present: RT (associate), NM (administrator) Call to Order at 7:00 pm. 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. Please address all comments to the Chair. Minutes of previous meetings – June 15 ML Moved/ seconded to approve minutes for June 15th meeting. Roll Call vote, unanimous to approve. Appointments/Hearings 7pm: Lake Shirley – Survey and Treatment Plan Dominic Meringolo from Solitude Lake Management presented the Lake Shirley pre-treatment survey, survey map and treatment plan, revised on July 18th. DM proposed to use diquat to treat snailseed and curly-leaf pondweed on ~70 acres of Lake Shirley where the density of aquatic vegetation is >75% of the water column. DM may also use Nautique in selected sections as needed. John Fortune, 50 Hemlock Drive asked if notifications have gone out to residents yet. DM says notifications and posters will go out tomorrow. Joanna Bilotta said LSIC has put it on the website, but they are waiting for approval on treatment from the Commission before advertising to the town. JV moved/ CC seconded to approve 2023 treatment plan for Lake Shirley. Roll Call vote, unanimous to approve. ===PAGE 2=== PUBLIC MEETINGS AND HEARINGS Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public meeting on a Request for Determination of Applicability by Arthur Magurn for the installation of a floating dock on Lake Shirley at 238 Fire Road #16. Butch Magurn explained that the DEP asked the LCC to consider an RDA to approve the floating dock, as the superseding order of conditions cannot be amended by DEP, even to add a field change. JV moved/ CC seconded to issue DOA approving the floating dock. Roll Call vote, unanimous to approve. Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public meeting on a Request for Determination of Applicability by Daisy Joanne LLC for septic system repair and associated grading within the 100’ wetlands buffer at 55 Maple Parkway. Doug Smith from Soilsmith and Maryann DiPinto from Three Oaks Environmental were both present as representatives of the applicant to explain the project which is a septic system replacement with grading just over the 50 foot buffer. JV asked if the wattles can be moved to the 30’ no-disturb line rather than so close to the perennial stream. M moved/MW seconded to issue negative determination with the condition that the erosion controls be moved to outside the 30’ no disturb buffer. Roll Call vote, unanimous 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 (DEP # 208-1261) by Ed McSweeney for the construction of a house and associated grading in the buffer zone Lot 5 Northfield Road. Angel Lehtonen from Northland Engineers was here representing the applicant. JV asked if the area on lot 5 that appeared to have additional wetlands had been reviewed for wetlands delineation. AL said that they are engaging an outside wetlands scientist to review the flagging on the site. BP recommended that the applicant request continuation until the wetlands flagging has been reviewed. ML Moved/JV seconded to continue to August 3rd. Roll Call vote, unanimous 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 (DEP # 208-1262) by Ed McSweeney for the Construction of a single family home, garage and driveway at lot 3 Holman St. AL from Northland Engineers was here representing the applicant. This lot has a shared common 1000+ sq ft driveway within the 100’ buffer and a rain garden of 1080 square feet to the rear of the driveway 1080. The rain garden will receive all the stormwater along the driveway. RT asked about the small pond area observed on site and if that was the same area as the rain garden. AL explained that it was not, and indicated that the depression further north on the plan was where the pond was located. MW asked why the plan did not clearly indicate the pond as a wetland, but had the ===PAGE 3=== 30’ no-touch zone apparently crossing the pond observed in the field. BP asked if the wetlands delineation notes were available for this site, and recommended that the applicant ask to continue and to develop more accurate wetlands and buffer lines. PA moved/CC seconded to continue to August 3rd. Roll Call vote, unanimous 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 (DEP # 208-1263) by Ed McSweeney for the Construction of a well and a water line in the buffer zone Lot A Northfield Road. AL explained that this site only has a well and a water line within. BP inquired about the drainage ditch and if it was connecting two wetlands or not. MW measured the GIS map and noted that the line-of-sight distance between the two wetlands was ~476’. She expressed concern that the wetlands flagging may not be correct and asked for field notes on the site. BP asked that the applicant come in with more detailed notes and methodology for wetlands at the next meeting. MW moved/ JV seconded to continue to August 3rd. Roll Call vote, unanimous 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 (DEP # 208-1264) by Ed McSweeney for the Construction of a single family home, garage and driveway at lot 4 Holman St. BP asked if the wetlands delineation issues on lot 5 also applied here and asked the applicant for permission to continue until the wetlands have been delineated. ML moved/PA seconded to continue to August 3rd. Roll Call vote, unanimous to approve. BP asked that AL ensure that MM can come before the commission per state ethics rules. CONTINUED PUBLIC HEARINGS Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public meeting on a Request for Determination of Applicability by Brian Haas for the paving of a driveway at 509 Townsend Harbor Road. Brian Hass presented the additional measurements, before photos, and an estimate of the 30’, 50’, and 100’ buffer. He plans to work with Hannigan Engineering to create a more detailed plan. ML asks if the Conservation Commission can really approve work that was potentially done on somebody else’s property. BH explained that the trees that were removed that were removed at the request of the abutter. MW requested that the trees removed be displayed on the plan, along with the driveway compared to the property lines. Photos from Abutter Sue Petralia for 549 Townsend Harbor Road were also shared. SP said that the driveway bumpout currently extends into her lawn, which she has located the pin for. She said that 21’ of her land have been disrupted and that the berm and low vegetation have been removed. BP noted that the Commission needs to focus on the wetlands protection and the bylaw. MW asked for information on elevations before and after the driveway development, in order to assess the slope of the driveway and the berm. BP asked SP that she be more specific about the berm and what changes had been made. BH said he will work with Hannigan Engineering to submit additional plans by August 17th. ===PAGE 4=== ML Moved/ CC seconded to continue the public meeting to August 17th. Roll Call vote, unanimous 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 Matthew Proctor for the construction of a permeable paver patio at 172 Peninsula Drive. Matt Proctor from M Proctor Masonry represented the property owner, he said the DEP # has not yet been issued so the hearing cannot yet be closed. Requested continuation to next meeting on August 3rd. ML moved/CC seconded to continue to August 3rd. Roll Call vote, unanimous 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 Matthew Proctor for the replacement of a retaining wall at 207 Fire Road 16. (DEP # 208-1267) DEP comments were shared for this filing: “Removal and in kind replacement of the existing lake shore wall would appear to result in the alteration of Bank resource area which appears to be coincident with the wall. Additionally portions of the project may f all within mapped Bordering Land Subject to Flooding Zone AE. The applicant should therefore submit a revised WPA Form 3 to account for these alterations in addition to providing documentation how the proposed project complies with regulations 310 CMR 10.54(4) and 310 CMR 10.57(4)a., or demonstrate that the proposed work will not alter these resource areas. MassDEP recommends that replacement of the lakeside wall be conditions to occur during low water or draw down periods of the year. MassDEP recommends th e implementation of sedimentation barrier or turbidity curtain below the lakeside wall proposed for replacement. ” MP asked to work with Conservation Administrator to submit the additional data requested by DEP. ML moved/CC seconded to continue to August 3rd. Roll Call vote, unanimous to approve. Pursuant to MGL ch 131, s 40 and Lunenburg Wetlands Bylaw and regulations as listed in chapter 239, a public hearing on a Notice of Intent by Hickory Hills Association for the approval of a whole lake management plan at Hickory Hills Lake at Townsend Harbor Road. Paula Bertram and John Fortune represented Hickory Hills Landonwers, Inc (HHLI). BP asked NM to share the draft order of conditions for discussion with the applicants. JF said HHLI monitors the dam regularly, but not weekly due to the difficulty of getting to the measurement site and asked if that condition could be changed to be more in line with HHLI drawdown monitoring plan. Nicole Waters, abutter from 80 Horizon Island, asked why the staggered drawdown is not a goal. NM noted that the GEIR recommends a maximum of 3 feet of drawdown and that the condition is not written to preclude a staggered drawdown, but rather to set the limit of total drawdown at 4 feet. PB and JF asked that the Commission find a way to expedite the process of approving FY23 lake management activities, as treatment activities for aquatic plants at Little Hickory are overdue. ML expressed concern that providing approval of chemical treatment as part of overall project approval could be the abdicating the responsibility given to the Conservation Commission by the Massachusetts legislature under the wetlands act. PA Moved/CC seconded to issue order of conditions for Hickory Hills Lake as revised during the meeting. Roll Call vote, unanimous to approve. ===PAGE 5=== PB shared the 2022 plant survey and treatment recommendations from ESS for Little Hickory for Robbins Pondweed with Diquat and a low dose of Copper Algaecide which was originally shared with the commission on 7/12. PA Moved/CC seconded to approve treatment per recommendations by ESS at little Hickory lake. Roll Call vote, unanimous to approve. NEW BUSINESS: Election of Officers (If all members participating). BP recommended that waiting to vote on this item when members are present. Request for field change - 238 Fire Road #16 Order of Conditions under the Lunenburg Wetlands bylaw (DEP SOC # 208-1189). Property owner Butch and Joanne Magurn have requested to put in low-growing clover sod in replacement area C (see Ross Plan L-14083). Commissioner RB provided input on this question noting that the area in question has mitigation plantings required for replacement area C. Commission rejected request for field change. Donation – 360 New West Townsend Road. The property owner has offered to donate the back 4 acres to the Conservation Commission. The land contains Pearl Hill Brook and a wetlands, and abuts property owned by the golf course abutting Table Rock. BP recommended that we discuss this proposal with the Land Use Director Adam Burney first. OLD BUSINESS: Update on encroachment issues at: 192 Townsend Harbor Road 104 Woodland Drive 116 Woodland Drive BP said the owners have not responded to the letters from the town attorney. Town Attorney Adam Costa said the next step would be litigation, BP is scheduled to talk to the Select Board on 8/7. CC Moved/PA Seconded to ask the Select Board to consider litigation on the encroachment on these two properties Hollis Road residence: ML has an appointment this Saturday with a window installer to replace windows and a sliding glass door. He is still working with the tenant for reimbursement so that it meets town accounting requirements. NM noted that the Treasurer has asked the ConsComm to create budgets for the revolving funds so that the Conservation office can handle expenses more independently. Certificate of Compliance: 68 Laurel Lane (DEP #208-0812) ML Moved/CC seconded to issue Certificate of Compliance. Roll Call vote, unanimous to approve. ===PAGE 6=== Administrative Determination: Lizard Island NM recommended an administrative determination for cutting 8 dead trees and 1 live tree that was split by lighting on Lizard Island on Hickory Hills Lake. ML Moved/CC seconded to ratify administrative determination. Roll Call vote, unanimous to approve. ENFORCEMENT: Violations (Enforcement Actions and Administrative Hearings) EO 411 Goodrich St – David Blatt, property owner, received enforcement order. DB has asked David Roy to mark the wetlands on site and wanted to know what the Commission wants him to do to remediate the 30’ buffer. DB says they did not realize that they needed to come to additional meetings with the ConsComm after the first meeting, and thought that Conservation would come out to visit again. NM proposed scheduling a site visit with the Conscomm now that the wetlands have been flagged. Timing of the visit is to be determined outside the meeting. EO 23 Cove Road – NM to visit site and review existing enforcement orders and determine next steps. Open Space and Land Use Howard Street Driveway Permit application Update on trails grant – status report, if any. BP trying to close out trails grant Committee Reports – Any Update Stormwater Committee – LCC representative needed. No volunteers at this time Communications /Public comment PA/CC M/S to adjourn at 11:04 pm. Roll Call vote, unanimous to approve. Adjourn Meeting schedule: Next meeting is August 3, 2022 at 7:00 PM ======================================================================================== DOCUMENT : 2022-08-03-agenda-6321.txt BOARD : conservation-commission DATE : 2022-08-03 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2022-08-03-agenda-6321.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_08032022-6321 ======================================================================================== ===PAGE 1=== Town of Lunenburg Conservation Commission Bob Pease, Chair Tel: (978) 582-4146 Richard Bursch, Vice Chair 960 Massachusetts Ave. Jeffrey Viviano Clerk Lunenburg, MA 01462 Patricia Adams Catie Childs Michael Larouche Mary Wilson Nadia Madden, Richard Tremblay, Associate Conservation Administrator August 3, 2022 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. Please address all comments to the chair. This meeting of the Conservation Commission will be held by Zoom at the Link provided on this notice. Join Zoom Meeting: https://us02web.zoom.us/j/7927370353 Meeting ID: 792 737 0353 One tap mobile: +19292056099,,7927370353# US (New York) 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. Please address all comments to the Chair. Minutes of previous meetings – July 6 and July 20 Appointments/Hearings – 7pm: Jamie Rhealt - Request for Field Change at 55 White Street (208-1199) PUBLIC MEETINGS AND HEARINGS Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public meeting on a Request for Determination of Applicability by Jeff and Rachel Kozacka for excavation within 100’ wetlands buffer and filling within the 30’ wetlands buffer at 75 West Street. Pursuant to MGL ch 131, s40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public meeting on a Request for Determination of Applicability by Jeremey & Elizabeth Henrickson for removal of existing septic system and installation of new building sewer within a riverfront area at 611 Goodrich St. Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public meeting on a Request for Determination of Applicability by Sara Apollonio for installation of a dock on Lake Shirley at 755 Reservoir Road. ===PAGE 2=== Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public meeting on a Request for Determination of Applicability by Nicholas Pirro for reseeding and associated grading within a wetlands area at 408 Electric Avenue. CONTINUED PUBLIC MEETINGS AND 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 Matthew Proctor for the construction of a permeable paver patio at 172 Peninsula Drive. 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 (DEP# 208-126) by Matthew Proctor for the replacement of a retaining wall at 207 Fire Road 16. 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 (DEP # 208-1261) by Ed McSweeney for the construction of a house and associated grading in the buffer zone Lot 5 Northfield Road. 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 (DEP # 208-1262) by Ed McSweeney for the Construction of a single family home, garage and driveway at lot 3 Holman St. 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 (DEP # 208-1263) by Ed McSweeney for the Construction of a well and a water line in the buffer zone Lot A Northfield Road. 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 (DEP # 208-1264) by Ed McSweeney for the Construction of a single family home, garage and driveway at lot 4 Holman St. NEW BUSINESS: Election of Officers (If all members participating) Topics not known 48 hours in advance of meeting OLD BUSINESS: Update on encroachment issues at: 192 Townsend Harbor Road 104 Woodland Drive 116 Woodland Drive Hollis Road residence: Update on maintenance work, reimbursement. ENFORCEMENT: Violations (Enforcement Actions and Administrative Hearings) AH Horizon Island Causeway NON 48 Oak Ridge NON 54 Pine Grove NON 23 Cove Road NON 336 Arbor St NON 205 Sunset, Beers lot NON 445 Townsend Harbor Road EO 411 Goodrich St EO 615 Townsend Street Open Space and Land Use Howard Street Driveway Permit application Update on trails grant – status report, if any. Committee Reports – Any Update Stormwater Committee – LCC rep needed Communications /Public comment Adjourn Meeting schedule: Next meeting is August 17, 2022 at 7:00 PM