# conservation-commission — 13 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 : 2022-08-03-minutes-6321.txt BOARD : conservation-commission DATE : 2022-08-03 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2022-08-03-minutes-6321.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_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 Minutes ZOOM REMOTE MEETING Call to Order at 7pm by RB Present: RB, PA, CC, JV, ML, MW Absent: BP Also Present: RT (associate), NM (administrator) 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 MW/ML M/S to approve. Roll Call vote, RB abstained, motion passed 5/6. July 20 ML/JV M/S to approve. Roll Call vote, RB abstained, motion passed 5/6. Appointments/Hearings – 7pm - Request for Field Change in OOC for 55 White Street (DEP# 208-1199). Jamie Rhealt of and Brandon Breau described the request, which is in response to errors in the construction of the previously approved leach field which led to runoff that is ponding next to and going into the house. He presented a plan by Breau Lawn and Landscape (signed 7/27/2022) to construct a retaining wall next to the leach field and a drainage pipe that discharges in the outer 100’ of the wetlands buffer (outside the 30’ and 50’ buffers). They also will add some fill so that the leach field pipes wil be fully covered. Erosion controls will be used during construction. JR explained that this issue should have been addressed at the time of construction, and asked if it could be accepted as a field change than rather as an amendment. RB asked if the system was installed as designed. JR said he has not evaluated that but an as-built was being prepared and would be submitted when requesting the certificate of compliance. PA/ML M/S to approve as a field change. Roll Call vote, unanimous to approve. 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. Rachel Kozacka, homeowner, presented photos of the area impacted with flags indicating where the fill has ===PAGE 2=== been placed on the property. She said a landscaper she had consulted had said it might do more harm than good to take the fill out and asked if replanting is possible. RB asked how much fill has been added, RK said it was 3 yards. RB said he would rather see the fill removed around the tree trunks so they are not being suffocated and that the homeowners could dig it out by hand. He recommended that some partial shade shrubs be placed to help stabilize the slope and provide natural habitat. He recommended blueberries or clethora or partial shade plants. RK asked what kind of timeline the Commission required. RB asked if they can dig out the slope by the October 19th meeting, and to use mulching straw for erosion. At that time the EO can be closed out. JV/ML M/S to approve the restoration plan as a negative #3 determination with the following conditions: The added soil is to be removed, the slope to be revegetated with slope mix and covered with straw or hay, and 6 shrubs (blueberries, dogwood, or clethra) to be planted along the top edge of the bank to prevent further encroachment. Roll Call vote, unanimous to approve. 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. Chris Mackenzie from Dillis and Roy represented the applicants who are replacing and upgrading their septic system with a piping and a reserve area within the 200’ riverfront area for Easter Brook. The work will be small and will take less than a day to complete. The house is also in the riverfront area but will not be increasing its footprint. JV/ML M/S to approve the RDA with a negative #3 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 Sara Apollonio for installation of a dock on Lake Shirley at 755 Reservoir Road. Sara Appollonio, property owner at 755 Reservoir Road presented her plan for a temporary dock that will be removed in the winter. She asked if the ConsComm can guide her about putting in a floating vs a rolling dock, RB commented that either is possible as long as the dock is removed. SA asked about where to store the dock per Lunenburg code and RB said it could be stored by the road. SA said there was a by law preventing storage of items within 40 feet of the road but almost her entire lot was within 40 feet of the road. P /ML M/S to approve the RDA with a negative #3 determination with a condition that the dock will not disturb or block the culvert in any way and with the applicant to work with the Building officer to find an appropriate storage space for the dock in the winter. 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 Nicholas Pirro for reseeding and associated grading within a wetlands area at 408 Electric Avenue. MaryAnn DiPinto from Three Oaks Environmental represented the application for owner Nick Pirro and explained that there is an upstream neighbor who is discharging water to the property which is ponding outside a blocked catch basin. She proposed that they clean out the catch basin and line the area with stone, and the owner NP said the new director DPW has offered to clean it and promised to maintain it going forwards. The rest of the site will be re-graded and re-seeded with a wetlands mix. NP asked how there can be a wetlands there if the neighbor is discharging water, RB asked MD to explain where the wetlands are. MD recommended putting straw wattles around the wetlands areas so that they are not disturbed in the future.MD suggested making the limit of wetlands with straw wattles in the field. RB asked if the applicant can submit another sketch and MD offered to submit a plan showing the limit of the wetland areas, the proposal for erosion protection and wattle and the proposed work around the garage. ===PAGE 3=== NP asked what can be done about the neighbor discharging into their property and RB suggested contacting the contacting the conservation commission office. JV/ML M/S to continue to 8/17 meeting. Roll Call vote, unanimous to approve. 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(DEP# 208-1269) by Matthew Proctor for the construction of a permeable paver patio at 172 Peninsula Drive. NM noted there is now a DEP number with no comments from DEP.JV asked if the Conscomm has previously approved patios within the 50’ buffer and RB said they will put permeable pavers . MP explained the pavers are fully permeable with at least 8” of crushed stone underneath it. RB asked if MP can submit the datasheet on the product prior to construction so the Conscommcan review it. CC/MW M/S to approve the NOI with a standard order of conditions and the condition that the permeable paver product be submitted to conservation office prior to starting construction. 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# 208-1267) by Matthew Proctor for the replacement of a retaining wall at 207 Fire Road 16. Matthew Proctor represented the applicant for this project and said there was a miscommunication with DEP as no work impacting the bank or the BLSF was proposed and the lowest retaining wall will remain in place. NM concurred. PA/JV M/S to approve the NOI as submitted with a standard order of conditions. 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. Applicant has requested to continue until August 17, 2022 ML/JV M/S to continue hearing until August 17. 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. Applicant has requested to continue until August 17, 2022 PA/ML M/S to continue hearing until August 17. 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. Applicant has requested to continue until August 17, 2022 PA/ML M/S to continue hearing until August 17. 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. Applicant has requested to continue until August 17, 2022 ML/JV M/S to continue hearing until August 17. Roll call vote, unanimous to approve. NEW BUSINESS: ===PAGE 4=== Election of Officers (If all members participating) No action. Topics not known 48 hours in advance of meeting OLD BUSINESS: Hollis Road residence: ML has received the second of 3 quotes for the window replacement. Pollinator Habitat: ML presented the vegetation plan for the poison ivy and bittersweet at the pollinator garden at 123 Hollis Road which will likely be a multi-year process starting with mowing progressing to sheet mulching with cardboard and mulch to regenerate the space. PA/ML M/S to approve the vegetation management plan for the pollinator habitat. Roll call vote, unanimous to approve. ENFORCEMENT: Violations (Enforcement Actions and Administrative Hearings) AH Horizon Island Causeway NM explained that DPW cut 28 dead trees along 550 feet of Horizon Island Causeway. HHLI is willing to do some replanting if there are open spaces, RB recommended proceeding with an Administrators Determination and remediation plan, and for NM to contact the DPW director regarding cutting in the future. MW said there was quite a bit of vegetation on the causeway and there might not need to be many replantings NON 48 Oak Ridge NON 54 Pine Grove NON 23 Cove Road NON 336 Arbor St NON 445 Townsend Harbor Road NON 205 Sunset, Beers lot NM said she has gotten an email from the Beers about their current plans. EO 411 Goodrich St David Blatt has gotten the wetlands flagged by Dillis and Roy and is willing to clean up anything that needs to be cleaned up. JV said 1 pine appears to definitely be in the 30’ no-disturb buffer. BP recommends that we ask DB to continue to re-flag so the work can be assessed. RB recommends a re-filing of an RDA at the minimum with a more complete report from Dillis and Roy, complete plans of the work in the wetlands on the site including the 30’, 50’ and 100’ buffer lines and removal of any fill in the 30’ wetlands buffer and remediation and revegetation. JV suggested based on a site visit that the wetlands boundary be flagged on the entire property. MW thought the culvert discharge area be evaluated for wetlands. EO 615 Townsend Street – NM gave an update on the enforcement order, all the work has been completed however the wood chip berm needs topping up. NM stated she thought that once the berm has completed the site would be compliant. RB asked for a motion that enforcement order be completely fulfilled and verified by the agent by 9/7 and that a fine of $300 a day be issued afterwards. JV/CC M/S that the enforcement order be completely fulfilled and verified by 9/7 and that a fine of $300 a day be issued thereafter if the work is not complete. Roll call vote, unanimous to approve. RB requested NM obtain a written statement from the Beers about the when they expect to be able to ===PAGE 5=== address the noncompliance. RB asked NM to contact Bill from Hannigan Engineering for the Leominster-Shirley Road, they have a lot of seepage in the lower sedimentation pond and RB would like an update on what is planned for the site Open Space and Land Use Howard Street Driveway Permit application A plan is being prepared. Update on trails grant – status report, if any. NM said this is almost completely closed out per Karen. Committee Reports – Any Update Stormwater Committee – LCC rep needed PA/CC M/S to adjourn at 8:43 PM, roll call vote unanimous. Adjourn Meeting schedule: Next meeting is August 17, 2022 at 7:00 PM ======================================================================================== DOCUMENT : 2022-08-17-agenda-6302.txt BOARD : conservation-commission DATE : 2022-08-17 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2022-08-17-agenda-6302.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_08172022-6302 ======================================================================================== ===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 17, 2022 7:00 PM Agenda (revised 8/15/22) 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/84766110417?pwd=NmtvMlpldW9JRXc1Y2xrcE5iTDE4QT09 Meeting ID: 847 6611 0417 Passcode: 627938 One tap mobile: +19292056099,,84766110417# 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 – April 6 and 20, August 3 Appointments/Hearings - 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 Andrew Leblanc for repair and construction of retaining walls on Hickory Hills Lake at 362 Townsend Harbor Road. 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 Kaitlin Naughton for construction of a dock on Hickory Hills Lake at 132 Hemlock 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 Catherine A. Domurat for repair and replacement of a septic ===PAGE 2=== system within the 100’ wetlands buffer at 127 Pleasant Street. Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Notice of Intent by Mardsen Engineering for replacement of a septic system and installation of a recharge trench within the 100’wetlands buffer at 37 Spring Street. 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 meeting on a Request for Determination of Applicability by Nicholas Pirro for reseeding and associated grading within a wetlands area at 408 Electric Avenue. 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 (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. Certificate of Compliance: 610 West Street ENFORCEMENT: Violations (Enforcement Actions and Administrative Hearings) NON 48 Oak Ridge NON 54 Pine Grove NON 23 Cove Road NON 336 Arbor St NON 205 Sunset, Beers lot EO 411 Goodrich St EO 615 Townsend Street Open Space and Land Use Howard Street Driveway 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 September 7, 2022 at 7:00 PM by Zoom platform ======================================================================================== DOCUMENT : 2022-08-17-minutes-6302.txt BOARD : conservation-commission DATE : 2022-08-17 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2022-08-17-minutes-6302.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_08172022-6302 ======================================================================================== ===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 17, 2022 7:00 PM Minutes ZOOM REMOTE Present: BP, RB, JV, ML Absent: CC, PA, MW Also Present: NM, RT Call to Order - BP called the meeting to order at 7pm Announcements BP announced that PA has submitted her resignation from the Conservation Commission. 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 – April 6 ML/JV M/S to approve, roll call vote unanimous to approve. April 20 RB/JV M/S to approve, roll call vote unanimous to approve. August 3 ML/JV M/S to approve, roll call vote unanimous to approve. Appointments/Hearings - 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 Andrew Leblanc for repair and construction of retaining walls on Hickory Hills Lake at 362 Townsend Harbor Road. Andrew Leblanc is the property owner, he wants to replace 2 retaining walls and build a third one 40 feet from the waters edge. He presented the plan which was revised on 8.17.22. His intention is to prevent erosion and no trees or vegetation will be cut. Associate RT shared some pictures of the existing walls on the site. JV noted that the walls will create level terraces rather than a sloping beach which should help with erosion control. Brett Ramsden will be performing the work, he said the first walls are already failing and the second wall is rotting. RB asked if it is possible to have a plan with the grades, the wall distances, and the 30 and 50 foot wetlands buffers. BR said this would be possible and that he can make a revised plan. RT asked if the approximate height of the existing walls could be included as well. BP asked if the revised plan can be sent the Saturday prior to the next meeting. ===PAGE 2=== RB/JV M/S to continue to September 7, 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 Kaitlin Naughton for construction of a dock on Hickory Hills Lake at 132 Hemlock Drive. NM said the applicant cannot join until 9pm. RB/ML M/S to continue until later in the meeting, 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 Catherine A. Domurat for repair and replacement of a septic system within the 100’ wetlands buffer at 127 Pleasant Street. The first sheet of the plan was shared. Doug Smith from Soilsmith Designs and MaryAnn Depinto from Three Oaks Environmental represented the application. DS said this is an existing 3-bedroom house that did not pass Title V, and that the system is a low-profile design which is 34 feet from the wetlands so it is outside of the 30’ wetlands buffer. He said this is the best he can do to get a septic system in rather than a tight tank. JV asked if DS could describe the septic system and describe how this varies from a regular septic system. RB noted that DEP had no comments on the system. RB/ML M/S to issue a standard order of conditions for the NOI, 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 Mardsen Engineering for replacement of a septic system and installation of a recharge trench within the 100’wetlands buffer at 37 Spring Street. Steve Marsden shared the project plan. There is a need for offsets and distances between this site and abutting wells. The septic system is using a jet tank for aeration to remove suspended solids and BOD and also a geomat sand filter for additional nitrogen removal. The proposed work will be outside the 30’ buffer and inside the 50’ wetlands buffer, there will be one bush in the 30’ buffer which needs to be dug up and raised along with the bed. They are also proposing gutters, downspouts, and recharge trenches along the sides of the house. The trenches are designed for the 100-year storm event. RB asked if the work will affect the house foundation, and how they will reseed. SM said he did not think the foundation would be affected as it is quite high, and that sod will be used to revegetate the soil. Kathleen Vorce is an attorney for David McHeartland who is an abutter at 51 Spring Street. He has had significant drainage problems from a development project uphill being done by BM and other building partners. KV said that the line of trees that runs along the left also includes a drainage ditch on 37 Spring Street which holds considerable runoff. The prior owner used to run sump pumps from the basement to the trench, and KV asked if the new setup will also involve pumping to the drainage ditch. She also asked where the trenches were for the runoff. SM showed where the drywell trenches will be on the plan. KV asked if the sump pump would be going to the old trench or to the new drywells. BM said the sump pump will be tied into the new recharge trenches. KV asked if the Commission would want to ask that the existing channel be depicted on the plan. BM says the existing trench will not be touched but that he can add it to the plan. JV asked if spring street is a town road, BM said that it is private. RB said that the 100-foot wetlands buffer which crosses is the end of the Conservation Commission’s jurisdiction, as is the street. JV asked what will happen to the existing leach field, RM said the tank will be crushed and filled and the leach fields will be left alone. RB/ML M/S to continue the public hearing to September 7, roll call vote unanimous to approve. ===PAGE 3=== 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 meeting on a Request for Determination of Applicability by Nicholas Pirro for reseeding and associated grading within a wetlands area at 408 Electric Avenue. MaryAnn Depinto represented the project, she said that she had the applicant dig up the soil to determine where hydric soils were, and she had the applicant place erosion controls around the edge of the wetlands and around the edge of the catch basin. She said the area closest to the fence is a sewer line that runs along the edge of the property. RB asked if the erosion controls and the wetlands flagging could be included on the plan. RB/JV M/S to continue to September 7, 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. RB/ML M/S to continue to September 7, 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 of Northfield Engineering represented the project, and said MaryAnn Depinto had reviewed the drainage ditch and determined that it does not connect the wetlands. JV asked about the apparent wetlands on the area inside the erosion controls on Lot 5. MD said that there were wetlands plants mixed in with uplands and that the overall plant community in that area was not wetlands and that there was no evidence of wetland soils. RB asked where the erosion controls were on the back of the house as they currently end at the two sides of the house. Abutters Priscilla and Ed Deschampes own the lots across the street, and they said that these properties drain onto their properties drain onto their property on 455 Northfield Road and that they have seen overflow from Holman Street to their properties because of the volume of water on the Holman and Northfield Road properties. ED said he is concerned that the stormwater controls designed for the property will not work during wet seasons. BP informed the applicants of their right to appeal the decision to DEP. RB/ML M/S to approve the project with the conditions that the erosion controls be installed as shown the septic plan, and the house being positioned as shown on the stormwater plan. 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 represented the applicant here, and she presented the updated plans with corrected wetlands flags (Flags #25-#28) that have been reviewed by Three Oaks Environmental. The updated wetlands plan now have the driveway with 97 square feet of impervious surface within the 50-foot no structures zone. RB said he thought that the Conservation Commission should not set a precedent of approving new structures in the 50-foot no structures zone. EMS requested a continuation until September 21 so that they can shift the ANR with the Planning Board. ===PAGE 4=== RB/ML M/S to continue to September 21, 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 presented this lot and the letter from Mary-Ann DePinto indicating that the drainage ditch on the left side of the lot is not a jurisdictional wetlands. JV asks if the drainage ditch can be protected from future fill. MD said that the stormwater from that ditch does feed the wetlands and that boulders could be used to indicate the ditch. Discussion of the distance between the drainage ditch and the house, NM said it is less than 30 feet. RB/JV moved to accept the plan with the conditions to require 2’x2’ boulders every 20 feet in perpetuity along the limit of work along the side of the house. 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. AL requested a continuation on this lot to September 21st so that they have time to change the ANR with the Planning Board. RB/ML M/S to continue to September 21, 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 Kaitlin Naughton for construction of a dock on Hickory Hills Lake at 132 Hemlock Drive. Kaitlin Naughton shared her plan for a 4’x4’ permanent dock sitting on the bottom of the lake. JV asked if Hickory Hills has approved the dock application. JV said the commission has not previously approved non- removable docks and asked if the applicant would be willing to replace the dock with a removable dock. KN noted that the other neighbors in this area do not remove their docks during the winter and she asked if she could replace the wooden supports with aluminum supports. RB said that a permanent dock will require the filing of a notice of intent and that he strongly recommended putting in a removable dock. KN said she can put wheels on the posts and make the dock removable. BP recommended that the entire dock be made of aluminum if KN wants to get the project approved under an RDA vs a NOI. KN asked where the dock should be stored. BP said the commission doesn’t like for docks to be stored next to lakes. KN requested to continue to September 7th to update the dock plans. RB/ML M/S to continue to September 7, roll call vote unanimous to approve. NEW BUSINESS: Election of Officers (If all members participating): delayed until all members are present. New Members: BP recommends that the Commission endorse Richard Tremblay as a new Conservation Commission Member to the Select Board. ML, RB, and JV agreed. Bob will send the s Select Board a letter of endorsement on behalf of himself. OLD BUSINESS: Update on encroachment issues at: 192 Townsend Harbor Road 104 Woodland Drive 116 Woodland Drive ===PAGE 5=== BP said that Adam Costa has reported that new letters have been issued and that he is waiting an additional 6 weeks before contacting the Select Board regarding litigation. Hollis Road residence: Update on maintenance work, reimbursement. ML noted that the 2nd quote that came in includes highly insulated windows with good reviews on quality for price. He noted his gratitude to LakeView Landscaping for their work in the pollinator gardens. Certificate of Compliance: 610 West Street RB/JV M/S to approve the certificate of compliance. Roll call vote, unanimous to approve. ENFORCEMENT: Violations (Enforcement Actions and Administrative Hearings) NON 48 Oak Ridge NON 54 Pine Grove NON 23 Cove Road NON 336 Arbor St NON 205 Sunset, Beers lot EO 411 Goodrich St EO 615 Townsend Street Open Space and Land Use Howard Street Driveway Update on trails grant – status report, if any. BP has applied for reimbursement for the total amount of the grant. There are still signs to put up and gates to be installed. Committee Reports – Any Update Stormwater Committee – LCC rep needed BP noted that Associate RT has volunteered to be on the Stormwater Task Force if he is appointed to the Commission as a full member. Communications /Public comment RB asked about the field change at Leominster-Shirley Road. NM to send him further documentation. RB/ML M/S to adjourn, roll call vote unanimous to approve. Adjourned at 9:41 pm Meeting schedule: Next meeting is September 7, 2022 at 7:00 PM by Zoom platform ======================================================================================== DOCUMENT : 2022-09-07-agenda-6311.txt BOARD : conservation-commission DATE : 2022-09-07 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2022-09-07-agenda-6311.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_09072022-6311 ======================================================================================== ===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 September 7 2022 7:00 PM Agenda (Revised 9/5/2022) 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/84766110417?pwd=NmtvMlpldW9JRXc1Y2xrcE5iTDE4QT09 Meeting ID: 847 6611 0417 Passcode: 627938 One tap mobile: +19292056099,84766110417# US (New York). Phone callers can unmute by pressing *6 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 – August 17, 2022 Appointments/Hearings – 7pm: New Volunteer: Sam Welch. Eagle Scout: Sean Patrick Terry. NEW 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 Gregory S. Roy for a sewer extension at 4 Kimball Street. Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Notice of Intent by Christian and Allison Martin for the demolition and construction of a single family home and garage at 127 Chase 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 Ryan Proctor for the demolition and construction of a single family home and driveway, reconstruction of retaining walls, and the installation of a new dock at 451 Townsend Harbor Road. 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 meeting on a Request for Determination of Applicability by Andrew Leblanc for repair and construction of retaining walls on Hickory Hills Lake at 362 Townsend Harbor Road. 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. 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 Mardsen Engineering for replacement of a septic system and installation of a recharge trench within the 100’wetlands buffer at 37 Spring 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 (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: Election of Officers (If all members participating) Budgets for revolving funds Advertising fees and billing Event Permit Request: Owl Prowl ZBA-Comments on Pond View Commons 40B 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 Discussion of anticipated expenses for FY23 Water tank for pollinator habitat Exterminator ENFORCEMENT: Violations (Enforcement Actions and Administrative Hearings) NON 48 Oak Ridge NON 54 Pine Grove NON 23 Cove Road NON 336 Arbor St NON 205 Sunset, Beers lot EO 411 Goodrich St EO 615 Townsend Street Open Space and Land Use Howard Street Driveway Update on trails grant – All grant paperwork completed. Request for approval of $700 Purchase Order to SmartSign from Timber Rights Fund. Committee Reports – Any Update Stormwater Committee – LCC rep needed Communications /Public comment Adjourn Meeting schedule: Next meeting is September 21, 2022 at 7:00 PM by Zoom platform ======================================================================================== DOCUMENT : 2022-09-07-minutes-6311.txt BOARD : conservation-commission DATE : 2022-09-07 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2022-09-07-minutes-6311.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_09072022-6311 ======================================================================================== ===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 Conservation Administrator September 7 2022 7:00 PM Minutes ZOOM REMOTE Present: MW (acting chair), ML, RT, JV, CC Absent: BP, RB Also Present: NM (administrator) MW called the meeting to order at 7pm Public Comment: Peter Cowley from 72 Peninsula presented their request for a funded organization permit for Owl Prowl, a walk on the Lane property on 9/8, which will ask for voluntary donations of $10 for the walk. He requested a waiver of the insurance liability requirement for the event. JV/CC M/S to approve the permit application as submitted. Roll call vote, unanimous to approve (4 for, RT abstained due to technical difficulties) Minutes of previous meetings – August 17, 2022 JV/CC M/S to approve the minutes. Roll call vote, unanimous to approve. Appointments/Hearings – 7pm: Volunteer: Sam Welch is a new volunteer for the Conservation Commission. He is a member of Mass Audobon and the Turn Society, and is moving back to Lunenburg after living elsewhere to live near Table Rock. MW thanked him and told him the Commission looks forward to working with him. Volunteer: Sean Patrick Terry is an Eagle Scout proposing to restore and clean up Clark Hill. He will lead a team of scouts to clean up the trails, restore the benches, restore the kiosk, and replace the trail signs, and spread gravel at the parking area to make it more obvious. MW asked how he intends to raise funds for the project. ST said that the scouts already have enough funds raised for the project. MW also recommended that he not rake leaves on the hilly parts of the trail as they help prevent erosion and asked if he would be willing to install the trail intersection markers made for the trail. SP said he would be happy to install the signs or other work needed by the Commission. Greg Roy from Dillis and Roy said they would be happy to contribute funds to the project if needed. ML/CC M/S to approve the project on Clarks Hill. Roll call vote, unanimous to approve. ===PAGE 2=== NEW 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 Gregory S. Roy for a sewer extension at 4 Kimball Street. Caitie Childs asked to recuse herself as she is an abutter to the property. Greg Roy from Dillis and Roy introduced himself as the representative for the property owners. The property is being tied into the sewer in the street across from the town beach. ML/RT M/S to approve the project with a negative #3 determination. Roll call vote, unanimous to approve. (CC recused). 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 Christian and Allison Martin for the demolition and construction of a single family home and garage at 127 Chase Road. David Sadowski is representing the property owners, the house is being demolished and replaced. All work is within the existing house footprint, the closest approach will be 81’ from the water and 12” straw wattles will be used to prevent downhill erosion. DEP has not yet issued a number for the project. ML asked if MM is allowed to work on the project as he was recently employed by the town. MW asked NM to research this before the next meeting. ML/JV M/S to continue the meeting to Sept 21. 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 Ryan Proctor for the demolition and construction of a single family home and driveway, reconstruction of retaining walls, and the installation of a new dock at 451 Townsend Harbor Road. ML recused himself as the property owner is a personal friend. Greg Roy from Dillis and Roy introduced himself as the representative for the property owners. The existing house is near the lake. The applicant wants to demolish the existing house and move it back from the water so that it is further outside the 30’ no-disturb zone. There will be a decrease of 265 sq ft in the 30’ buffer and an increase of 255 square feet in the 50’ no structure zone. There will also be a seasonal removable dock and the retaining wall will be installed 2 feet in from the water providing compensatory storage. DEP has not yet issued a number for the project. MW asked to see the existing house size and asked why the 8” maple is being removed. Jeff said the Conscomm does not typically approve new walls but it might be hard to get compensatory storage without it. Brett Ramsden is a stone wall installer and he said that new walls are occasionally added to the shoreline at the 45 degree angle and approved by the Commission. GR requested a continuance to address the comments of the Commission. JV/CC M/S to continue until September 21. Roll call vote, unanimous to approve (ML recused) 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 meeting on a Request for Determination of Applicability by Andrew Leblanc for repair and construction of retaining walls on Hickory Hills Lake at 362 Townsend Harbor Road. ===PAGE 3=== Brett Ramsden presented an undated plan with the 30’ and 50’ buffer from the lake and described the walls in greater detail. MW asked if the current wall next to the lake is being extended. BR said that the wall will be extended about 7 feet to prevent further erosion into the lake. JV/ML moved to make a negative determination #3 for the project. 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 Nicholas Pirro for reseeding and associated grading within a wetlands area at 408 Electric Avenue. ML/JV M/S to continue to September 21st. 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. NM said that the applicant has requested to continue as the engineers have not yet completed the plan requested by the Conservation Commission. ML/CC M/S to continue to September 21st. Roll call vote, unanimous to approve. Abutter Sue Patrelia asked why the plan was not ready, as the survey has been completed. MW explained that the Commission had requested the plan be made detailing the changes on the lot, and that the work to complete the plan was currently in progress. 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 Marsden Engineering for replacement of a septic system and installation of a recharge trench within the 100’wetlands buffer at 37 Spring Street. Steve Marsden shared his updated plan including the drainage swale. The DEP has issued a file #208-1270. JV/ML M/S to approve the project as designed 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 (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. ML/JV M/S to continue to October 5th. Roll call vote, unanimous to approve. NEW BUSINESS: Election of Officers (If all members participate) Budgets for revolving funds Advertising fees and billing CC/ML M/S to have applicants pay advertising fees directly to the papers. Roll call vote, unanimous to approve. Event Permit Request: Owl Prowl approved earlier in the meeting ZBA-Comments on Pond View Commons 40B. No comments from the Conservation Commission. ML noted that the site is on an ACEC (NM to look up the correct name) and that this information should be ===PAGE 4=== communicated to the ZBA. Topics not known 48 hours in advance of meeting. Parcel III Sunny Hill Road: discussed right of first refusal. Will discuss at next meeting when Bob and Rich are present. OLD BUSINESS: Update on encroachment issues at: 192 Townsend Harbor Road 104 Woodland Drive 116 Woodland Drive Reply from 100 Woodland Drive, site walk will be on 9/17/22. 192 Townsend Harbor Road – Katurnia property work is underway Hollis Road Residence: ML said there are 2 bids so far for the maintenance work, all bids are due on 9/22 for the windows. Still getting numbers for replacement of countertops and cabinets. Water tank for pollinator habitat – the team is requesting a 250 gallon tank to water the habitat, there is a quote for $100 for a used tank from Facebook Marketplace and $20 for cinderblocks. ML/JV M/S to approve $100 to purchase a used water tank for the pollinator habitat and $20 for 8 cinderblocks for the water tank. Roll call vote, unanimous to approve. The pollinator habitat is also requesting approximately $900 of fencing for posts and ties to protect bushes and trees from being eaten by deer. ML will provide quotes from online vendors, and also from MAKI. An exterminator is needed at 123 Hollis Road. Ransford Environmental has quoted a 1 year plan for $495, $160 per treatment. NM to see if there are any issues with setting up a contract or if a bid process is needed at this level. ML/RT Moved to approve the $495 Ransford quote. Roll call vote, unanimous to approve. ENFORCEMENT: Violations (Enforcement Actions and Administrative Hearings) NON 48 Oak Ridge NON 54 Pine Grove NON 23 Cove Road NON 336 Arbor St NON 205 Sunset, Beers lot. NM to reach out and ask them to attend the next ConsComm meeting on 9/21. EO 411 Goodrich St – David Blatt is putting together a plan to submit to the Commission, MW requested that NM have him give a submission EO 615 Townsend Street—Berm is fully in place Open Space and Land Use Howard Street Driveway Update on trails grant – All grant paperwork completed. Request for approval of $700 Purchase Order to SmartSign from Timber Rights Fund. ML/CC M/S to approve a $700 purchase order for signs from SmartSign from the Timber Rights Revolving Fund. Roll call vote, unanimous to approve. Committee Reports – Any Update ===PAGE 5=== Stormwater Committee – LCC rep needed RT volunteered to join the Stormwater Committee as the LCC representative , NM to inform the committee and have them reach out to RT about their meetings. Communications /Public comment JV/ML M/S to adjourn the meeting. Roll Call vote, unanimous to approve. Adjourned at 10:08 pm Meeting schedule: Next meeting is September 21, 2022 at 7:00 PM by Zoom platform ======================================================================================== DOCUMENT : 2022-09-21-agenda-6303.txt BOARD : conservation-commission DATE : 2022-09-21 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2022-09-21-agenda-6303.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_09212022-6303 ======================================================================================== ===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 Catie Childs Michael Larouche Mary Wilson Nadia Madden, Richard Tremblay Conservation Administrator September 21, 2022 7:00 PM Agenda (Revised 9/20/22) 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/84766110417?pwd=NmtvMlpldW9JRXc1Y2xrcE5iTDE4QT09 Meeting ID: 847 6611 0417 Passcode: 627938 One tap mobile: +19292056099,84766110417# US (New York). Phone callers can unmute by pressing *6 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 – September 7, 2022 Appointments/Hearings – 7pm NEW 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 Carol Gaudet for the replacement of a septic system at 290 New West Townsend Road. CONTINUED PUBLIC MEETINGS AND HEARINGS Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal ===PAGE 2=== 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. 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 Christian and Allison Martin for the demolition and construction of a single family home and garage at 127 Chase 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 # 208-1271)by Ryan Proctor for the demolition and construction of a single family home and driveway, reconstruction of retaining walls, and the installation of a new dock at 451 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 # 208-1264) 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) LSIC – Floating Mats Girl Scouts – bench project and articles 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 100 Wodland Drive Hollis Road Residence: Update on maintenance work, reimbursement Vote on fencing quote Caretaker contract Certificate of Compliance: 160 Mass Avenue (DEP # 208-1259) Administrative Determination: 20 Fire Road 19 – tree cutting ENFORCEMENT: Violations (Enforcement Actions and Hearings) NON 48 Oak Ridge NON 54 Pine Grove NON 23 Cove Road NON 336 Arbor St NON 205 Sunset, Beers lot NON 691 Chase Road EO 75 West Street EO 411 Goodrich St EO 615 Townsend Street Open Space and Land Use Howard Street Driveway Update on trails grant – All grant paperwork completed. Committee Reports – Any Update Stormwater Committee – official vote needed Communications /Public comment Adjourn Meeting schedule: Next meeting is October 5, 2022 at 7:00 PM by Zoom platform ======================================================================================== DOCUMENT : 2022-09-21-minutes-6303.txt BOARD : conservation-commission DATE : 2022-09-21 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2022-09-21-minutes-6303.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_09212022-6303 ======================================================================================== ===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 Catie Childs Michael Larouche Mary Wilson Nadia Madden, Richard Tremblay Conservation Administrator September 21, 2022 7:00 PM Minutes ZOOM REMOTE Roll Call: MW (Acting Chair), JV, CC, ML, RT Absent: BP, RB Also: NM AGENDA Call to Order at 7pm Announcements: MACC fall conference will be held in Devens on Saturday Oct 15. Commissioners should contact NM if they want to attend. North County Land Trust will be holding a CR monitoring walk at the Hawes-Moore/Mooz property at 9am on Weds Oct 26. Commissioners should contact NM if they want to attend. Public Comment: no comments were made. Minutes of previous meetings – September 7, 2022 JV/ML M/S to approve as drafted. Roll call vote, unanimous to approve. NEW 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 Carol Gaudet for the replacement of a septic system at 290 New West Townsend Road. Doug Smith of Soilsmith Designs presented the plan, which is a replacement septic system outside of the 50’ wetlands buffer. Three trees will be cut outside the 30’ wetlands buffer. JV asked if there had been a site walk, which MW confirmed was on 9.17.22. The Commission reviewed the Lunenburg wetlands bylaw section 10.4.1 on vegetation removal and replacement. JV/ML M/S to approve the application with a standard order of conditions. Roll call vote, unanimous to approve. CONTINUED PUBLIC MEETINGS AND HEARINGS ===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. Maryann Dipinto from three oaks environmental presented the updated plan with the isolated edge of wetlands added to the plan along with the existing catch basin. MW asked about grading, MD explained that it was required to remove glass and other debris in the soil. Gravel will be placed around the building. JV asked if further work was planned for the driveway and MD explained that the driveway is an exisiting structure. MW asked that the driveway and the location of the grindings and gravel be added to the plan and that loam and seed be added to the right hand side of the property. ML/RT M/S to continue to October 5th. 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. NM has spoken to the engineer at Hannigan who is making the plan requested by the ConsComm, it is not quite ready to stamp and sign and the applicant Brian Haas requested to continue the application to October 5th. ML/JV M/S to continue the meeting to October 5th. 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 Christian and Allison Martin for the demolition and construction of a single family home and garage at 127 Chase Road. David Sadowski asked if the house could be demolished under an emergency order. MW asked if there was an imminent danger for the house falling down at this time, which caught on fire in January. ML/CC M/S to continue the meeting to October 5th. 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 # 208-1271)by Ryan Proctor for the demolition and construction of a single family home and driveway, reconstruction of retaining walls, and the installation of a new dock at 451 Townsend Harbor Road. ML recused himself from the hearing due to a personal relationship with the applicant. Greg Roy introduced himself and Ryan Proctor from Dillis and Roy representing the applicants. NM shared an updated plan signed on 9.14.22. Per the comments from DEP, there will be no work along the shoreline and there will be a sloped stone embankment instead of a retaining wall along the bank. The new house has been moved almost completely outside the 30’ buffer. There are 2 trees within the 30’ buffer that will be removed and replaced with 3 2” caliper trees, along with 3 trees outside the 30’ buffer that will be replaced with 5 2” caliper trees. MW asked if the plan would need to be revised again after this meeting, and GR shared a new updated plan signed on 9.19.22. JV asked why DEP required the removal of the retaining wall at the shoreline and GR explained that DEP was now requiring a habitat study for work that impacted more than 10% of the shoreline. JV/RT moved to approve the application and revised plan from 9.19.22 with a standard order of conditions. Roll call vote, unanimous to approve (ML recused). 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. ===PAGE 3=== Valorie Sibley-Daigle from Northland Engineers and Mary-Ann Depinto from Three Oaks Environmental represented the applicant. VS presented the updated plan stamped and signed on 8.31.22 with the driveway relocated outside the 50’ no structure wetlands buffer and the limit of work outside the 30’ no touch zone. JV/ML M/S to approve the application and the revised plan dated 8.31.22 with a standard order of conditions. 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. VS presented the updated plan from 8.31.22 with the updated driveway. The shared driveway has been relocated outside the 50’ no structure wetlands buffer and the limit of work outside the 30’ no touch zone. JV/ML M/S to approve the application and the revised plan dated 8.31.22 with a standard order of conditions. Roll call vote, unanimous to approve. NEW BUSINESS: LSIC – Floating Mats NM explained that LSIC is planning to remove some floating mats of peat moss that are in the lake that need to be taken ashore. JV commented that the mats are up to 12’ across and they appear to be a hazard for boats so they will need to be taken to shore. Girl Scouts – bench project and articles MW said that some local girl scouts troops have done a fundraiser with Trex and were granted a bench which they would like to propose installing on Conservation property. They will be approaching the commission to present a proposal soon. Girl Scouts are also interested in writing articles about conservation areas for the Lunenburg Ledger. MW asked if any commission members are interested in partnering with the Girl Scouts. OLD BUSINESS: Update on encroachment issues at: 192 Townsend Harbor Road 104 Woodland Drive: The current owner is Geraldo DeSouza. His neighbor at 100 Woodland Drive has offered to reach out to him about the encroachment. 116 Woodland Drive 100 Woodland Drive NM presented photos from a site visit to the property, which the owner has brought into compliance by removing prior encroachments. RT/ML M/S to accept the remediation for encroachment issues at 100 Woodland Drive. Roll call vote, unanimous to approve. Hollis Road Residence: Update on maintenance work, reimbursement: ML said the town has received 3 quotes for the replacement of windows at 123 Hollis Road. The lawnmower has also been fixed. Vote on fencing quote: ML said that the lowest quote which the town has an account for is Home Depot, it will cost $944.63 to purchase needed supplies to fence the pollinator habitat and trees. ML/RT M/S to approve $944.63 from Hollis Road revolving fund to purchase fencing supplies at Home ===PAGE 4=== Depot. Roll call vote, unanimous to approve. Caretaker contract: NM said that the 2018-2021 contract has ended but is continuing per contract terms as a month-to-month contract, and that chair BP may have further feedback onto why the contract has not been extended. Certificate of Compliance: 100 Woodland Drive: NM said that there are two outstanding orders of conditions on 100 Woodland Drive, DEP 208-195 for the septic system which is completed and has a letter confirming compliance with the original plans from the engineer. JV/ML M/S to approve certificate of compliance for OOC DEP# 208-195. Roll call vote, unanimous to approve. NM said that the other order of conditions, DEP# 208-681, is for a garage and other site work that was never started by the previous owner. JV/CC M/S to approve certificate of compliance for OOC DEP# 208-681, noting that the work approved was not started by the owner. Roll call vote, unanimous to approve. Administrative Determination: 20 Fire Road 19 – tree cutting. NM explained that the homeowner wants to cut two trees—2 are dead and dying, 1 is entangled with the utility line. NM recommended an administrative determination to cut the three trees and replace 1 tree (<8” diameter). JV recommended replacement with a 2-inch caliper oak or maple near the water to replace shade. JV/ML M/S to approve administrative determination. Roll call vote, unanimous to approve. ENFORCEMENT: Violations (Enforcement Actions and Hearings) NON 48 Oak Ridge NON 54 Pine Grove NON 23 Cove Road NON 336 Arbor St NON 205 Sunset, Beers lot: NM shared an email from Marsha Beers. They are waiting on an engineered plan. NON 691 Chase Road NM to issue a letter of non-compliance for the property requesting an RDA for the work already performed in the buffer. EO 75 West Street Rachel Kozacka from 75 West Street presented images of from the site work removing the dirt, re-seeding with slope mix, adding straw and planting with blueberry bushes. EO 411 Goodrich St David Blatt said he is waiting on Dillis and Roy to get back to him with a plan. DB has removed some broken concrete to the left of the driveway and said he will send pictures to NM. EO 615 Townsend Street Open Space and Land Use Howard Street Driveway: Dillis and Roy has completed the plan, it is currently being reviewed by DPW. Update on trails grant – All grant paperwork completed. ===PAGE 5=== Committee Reports – Any Update Stormwater Committee – official vote needed to appoint him the Stormwater Committee Roll Call vote, unanimous to approve (RT abstained) Communications /Public comment JV/ML M/S to adjourn meeting. Roll call vote, unanimous to adjourn. Adjourned at 9:03 pm Meeting schedule: Next meeting is October 5, 2022 at 7:00 PM by Zoom platform ======================================================================================== DOCUMENT : 2022-10-05-agenda-6309.txt BOARD : conservation-commission DATE : 2022-10-05 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2022-10-05-agenda-6309.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_10052022-6309 ======================================================================================== ===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 Catie Childs Michael Larouche Mary Wilson Nadia Madden, Richard Tremblay Conservation Administrator October 5, 2022 7:00 PM Agenda (Revised 10/3/22) 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/84766110417?pwd=NmtvMlpldW9JRXc1Y2xrcE5iTDE4QT09 Meeting ID: 847 6611 0417 Passcode: 627938 One tap mobile: +19292056099,84766110417# US (New York). Phone callers can unmute by pressing *6 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 – September 21, 2022 Appointments/Hearings – 7pm Girl Scouts NEW 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 the Lunenburg Water District for replacement of a water main on 1205-1479 Massachusetts Avenue. ===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 Zachary Paul & Virginia Romine Vestigo for replacement of a septic system at 10 Maple Parkway, Lunenburg. CONTINUED PUBLIC HEARINGS Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Notice of Intent by Christian and Allison Martin for the demolition and construction of a single-family home and garage at 127 Chase Road. 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. 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 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: Election of Officers (If all members participate) Review of RDA requirements Topics not known 48 hours in advance of meeting OLD BUSINESS: Update on encroachment issues at: 192 Townsend Harbor Road 104 Woodland Drive Hollis Road Residence: Update on maintenance work, reimbursement Use of the Hollis Road account for Pollinator Habitat Certificates of Compliance: 183 Hemlock Drive 160 Mass Ave 39 Island Road Administrative Determination: 131 White Street ENFORCEMENT: Violations (Enforcement Actions and Hearings) NON 48 Oak Ridge NON 54 Pine Grove NON 23 Cove Road NON 336 Arbor St NON 205 Sunset, Beers lot NON 691 Chase Road EO 411 Goodrich St EO 615 Townsend Street Open Space and Land Use Howard Street Driveway Timber Sales Update on trails grant? Committee Reports – Any Update Communications /Public comment Adjourn Meeting schedule: Next meeting is October 19, 2022 at 7:00 PM by Zoom platform ======================================================================================== DOCUMENT : 2022-10-05-minutes-6309.txt BOARD : conservation-commission DATE : 2022-10-05 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2022-10-05-minutes-6309.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_10052022-6309 ======================================================================================== ===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 Catie Childs Michael Larouche Mary Wilson Nadia Madden, Richard Tremblay Conservation Administrator October 5, 2022 7:00 PM Minutes ZOOM REMOTE Present: BP, RB, JV,ML, MW, RT Absent: CC Also: NM Call to Order at 7:02 pm Announcements MW suggested that the Conscomm designate an alternate member to take on the role of monitoring the meeting room during meetings. BP agreed and noted that MW is the cohost for this meeting Public Comment: Comments are to be limited to 3 minutes and on a subject matter under the direct jurisdiction of the commission. Comments about current agenda items are to be made during the comment period of the specific agenda item. Please address all comments to the Chair. Minutes of previous meetings – September 21, 2022 MW/ML M/S to approve the minutes of 9/21. Roll Call vote, unanimous to approve (RB abstained) Appointments/Hearings – 7pm Girl Scouts Girl Scouts Leanne Taylor and Katie Daykin from Troop 64501 presented their project, proposing to install a bench from Trex at the Lane Conservation property. They have considered a few different options on the lot. They would like to install the bench on a weekend. BP said he has purchased a chain to help secure the bench. MW said that she appreciated the presentation which was well thought out, and thanked LT and KD for approval. MW/RT M/S to approve the bench installation as recommended by the scouts. Roll Call vote, unanimous to approve NEW 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 the Lunenburg Water District for replacement of a water main on 1205-1479 Massachusetts Avenue. Discussion of the request to waive the abutter notification requirement. RB proposed denying the ===PAGE 2=== request. BP suggested that the applicant notifies all abutters in the wetlands buffer. RB recommended getting the full list from the Assessor’s office and picking the correct abutters from there. Anthony suggested that we re-advertise the meeting as abutters were not properly notified. MW/ML M/S to reject the waiver notification to require notification of abutters within the 100-foot buffer area. 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 Zachary Paul & Virginia Romine Vestigo for replacement of a septic system at 10 Maple Parkway, Lunenburg. Nick Pauling from GPR presented the application for replacement of the septic tank, within the 50’ wetlands buffer. ML asked about why they couldn’t site the tank outside the buffer, NP explained that the size of the tank and the required house and property line setbacks made the siting of the new tank very difficult. JV/MW M/S to approve the RDA with a negative determination. Roll call vote, 4/2 (for: BP, JV, MW, RT, against: RT, ML). CONTINUED PUBLIC HEARINGS Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Notice of Intent (DEP 208-1273) by Christian and Allison Martin for the demolition and construction of a single-family home and garage at 127 Chase Road. DEP number has been issued with no comments. JV/ML moved to approve the project with a standard order of conditions. 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 Nicholas Pirro for reseeding and associated grading within a wetlands area at 408 Electric Avenue. Maryann DePinto presented an updated site plan from 10/4/22 depicting the regrind covered area. MW asked if the project was not already an after-the-fact RDA, and if the regrind area was larger than it had been previously. Property owner Nick Pirro explained that the regrind and crushed concrete had been there prior to the site clean-up, as the neighboring property had been plowing up sand and gravel towards the catch basin. ML stated he was recusing himself due to a personal relationship. JV/BP M/S to approve the project under a #3 negative determination. Roll Call vote, (for: BP, JV, RT against: MW, RB,). ML returned from recusal. 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. NM said the applicant has requested a continuation until 11/2 as the engineering drawings are not complete. JV/ML M/S to continue hearing to 11/2 meeting. 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 # 208-1265) 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 the applicant has requested a continuation until 11/2. The peer review is underway and should be complete by the 10/19 meeting. ===PAGE 3=== RB/JV M/S to continue hearing to 11/2 meeting. Roll call vote, unanimous to approve. NEW BUSINESS: Election of Officers (If all members participate) – No action. Review of RDA requirements – NM reviewed information from the MACC Handbook Topics not known 48 hours in advance of meeting OLD BUSINESS: Update on encroachment issues at: 192 Townsend Harbor Road: coming right along 104 Woodland Drive: BP to reach out personally to the property owner. Hollis Road Residence: Update on maintenance work, reimbursement. ML said the vendor is going to come back with a quote on the kitchen cabinets. ML asked if the barn that is on the 123 Hollis road house property could be used to put the shared lawnmower under cover. BP recommended contacting the tenant. Use of the Hollis Road account for Pollinator Habitat. ML asked if the pollinator garden fencing purchase order was ready yet. JV asked if the windows were for the pollinator garden. BP said they are for the house and that Conscomm has a contract with the tenant, and that Conscomm has a duty to provide them with a safe environment. Nick Pirro offered to diagnose and service the lawn mower for the pollinator garden. BP asked that the Commission that when considering pollinator habitat funding requests that they keep in mind the primary purpose of the Hollis Road account was intended for maintaining the residence at 123 Hollis Road. MW asked if there has been any capital planning for anticipated maintenance expenses on 123 Hollis Road. Certificates of Compliance: 183 Hemlock Drive 160 Mass Ave MW/ML M/S to approve a CoC for 160 Mass Ave. Roll Call vote, unanimous to approve. 39 Island Road MW/JV M/S to approve a Coc for 208-255 at 39 Island Road. Roll Call Vote, unanimous to approve. RT/ML M/S to close out existing enforcement orders at 39 Island Road. Administrative Determination: 131 White Street The Lunenburg Housing authority wrote a letter to LCC requesting us to reconsider their proposed tree cutting under an Administrative Determination rather than an RDA. Wayne Caron and Dale Proulx from the Housing Authority Board explained that the funding that they have from the state to remove the trees is not sufficient to replace the trees that they plan to remove, most of which are dead and dying. BP said that 20+ trees would need to be covered under an RDA filing. NM offered to sit down with the Housing Authority to assist with filing an RDA. ENFORCEMENT: Violations (Enforcement Actions and Hearings) NON 48 Oak Ridge NON 54 Pine Grove NON 23 Cove Road NON 336 Arbor St NM has located the letters of non-compliance and will go on to issue enforcement orders for these properties. NON 205 Sunset, Beers lot . Property owners emails and they are making an engineered plan for the lot. NON 691 Chase Road an RDA for the work on the property has been submitted for an upcoming meeting. EO 411 Goodrich St - property owner is submitting a new RDA with the wetlands line and proposed tree removal/replacement EO 615 Townsend Street – property has fully complied with enforcement order Open Space and Land Use Howard Street Driveway - Bill Bernard (DPW) signed off on the application for the Howard ===PAGE 4=== street driveway for Table Rock. BP will work on getting the driveway installed after that. Timber Sales – BP said the Timber contracts have been executed and they will start on Northfield road property first, then a harvest on Hollis Road. Update on trails grant: the town has been reimbursed for the trails grant, it has all been spent. The signs are still being put up, and the access gates have not yet been installed. 35 Leominster Road – 15.5 acres are up for sale to the town. RT/ML M/S to tell the Select Board the Conservation Commission is not interested in the property. Roll call vote, unanimous to approve. Committee Reports – MW is looking for a project to write a Mass Trails grant for, she is looking for input and ideas from the Conservation Commission. Communications /Public comment RB/RT M/S to adjourn the meeting. Roll call vote, unanimous to adjourn. Adjourned at 9:42 pm Meeting schedule: Next meeting is October 19, 2022 at 7:00 PM by Zoom platform ======================================================================================== DOCUMENT : 2022-10-19-agenda-6324.txt BOARD : conservation-commission DATE : 2022-10-19 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2022-10-19-agenda-6324.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_10192022-6324 ======================================================================================== ===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 Catie Childs Michael Larouche Mary Wilson Nadia Madden, Richard Tremblay Conservation Administrator October 19, 2022 7:00 PM Agenda (revised 10/17/2022) 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/84766110417?pwd=NmtvMlpldW9JRXc1Y2xrcE5iTDE4QT09 Meeting ID: 847 6611 0417 Passcode: 627938 One tap mobile: +19292056099,84766110417# US (New York). Phone callers can unmute by pressing *6 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 – October 5, 2022 Appointments/Hearings – begin at 7pm NEW PUBLIC HEARINGS Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Notice of Intent by Darren Brosseau for the construction of a single-family home, well, and septic system at 390 New West Townsend Road. Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal ===PAGE 2=== Bylaws a public meeting on a Request for Determination of Applicability by the Lunenburg Water District for replacement of a water main on 1205-1479 Massachusetts Avenue. NEW BUSINESS: Election of Officers Use of Docusign Questions for Town Counsel Topics not known 48 hours in advance of meeting OLD BUSINESS: Update on encroachment issues at: 192 Townsend Harbor Road 104 Woodland Drive Hollis Road Residence: Update on maintenance work, exterminator Vote on Reimbursement for Cleghorn Plumbing Use of the Hollis Road account for Pollinator Habitat Administrative Determination: 131 White Street 53 Pearl Street Certificates of Compliance: 90 Hemlock Drive 131 Holman Street 137 Holman Street ENFORCEMENT: Violations (Enforcement Actions and Hearings) EO 48 Oak Ridge EO 54 Pine Grove EO 23 Cove Road EO 336 Arbor St NON 205 Sunset, Beers lot EO 411 Goodrich St Open Space and Land Use Howard Street Driveway Timber Sales Vote on Maki’s PO Conservation land improvements Committee Reports – Any Update Communications /Public comment Adjourn Meeting schedule: Next meeting is November 2, 2022 at 7:00 PM by Zoom platform ======================================================================================== DOCUMENT : 2022-10-19-minutes-6324.txt BOARD : conservation-commission DATE : 2022-10-19 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2022-10-19-minutes-6324.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_10192022-6324 ======================================================================================== ===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 Catie Childs Michael Larouche Mary Wilson Nadia Madden, Richard Tremblay Conservation Administrator October 19, 2022 7:00 PM Minutes ZOOM REMOTE Present: MW (Acting Chair), RB, CC, ML, RT, BP (joined late) Absent: JV Also: NM Call to Order at 7:01 pm Announcements Public Comment: Comments are to be limited to 3 minutes and on a subject matter under the direct jurisdiction of the commission. Comments about current agenda items are to be made during the comment period of the specific agenda item. Please address all comments to the Chair. Minutes of previous meetings – October 5, 2022 RB/RT M/S to approve the minutes of 10/5. Roll Call vote, unanimous to approve. ML had technology issues and didn’t vote. Appointments/Hearings – begin at 7pm NEW PUBLIC HEARINGS Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Notice of Intent (DEP # 208-1274) by Darren Brosseau for the construction of a single-family home, well, and septic system at 390 New West Townsend Road. Greg Roy from Dillis and Roy presented the NOI, which is a house and septic system design which was previously approved in 2017 under the OOC (DEP #208-1125), but expired in early 2022. The applicant had started work on the septic system and foundation but upon realization that the old OOC is expired it seeking a new one. The septic system is in the outer riverfront area, and the house is outside the 50’ no-disturb wetlands buffer. The septic system has been raised by one foot, but there are no further incursions into the wetlands buffer as compared to the prior approved OOC. GR said they would also like to close out the old OOC (DEP #208-1125) once the new order is ready. GR presented the previous OOC and RB commented on the additional conditions regarding the total RFA disturbance. GR presented the DEP comments on the filing, and discussed the discrepancy in the total RFA on site and an increase in the amount of alteration to the RFA in the OOC for 208-1125 and the current proposed NOI. GR ===PAGE 2=== stated the total current RFA on property is 91,455 sf. Condition number 45, from the previous OOC, states only 608 sf of alteration will be allowed and the current NOI is proposing and appears to be a perpetual condition. GR mentioned the DEP commented the prior OOC should be issued a CoC before a new OCC is issued. RB stated the new alteration and disturbance sf should be included under an updated condition 45. GR confirmed new numbers on alteration and disturbance were measured for the property. RB/ML M/S to approve with a standard order of conditions along with condition 45 from the prior OOC with corrected areas: “The total riverfront is 91,445 square feet with an allowed disturbance of 8,284 square feet only 860 square feet of disturbance will be allowed for alteration within the 200 foot riverfront in subsequent files. And, with a condition 46 that the erosion control barrier be updated. This shall survive a certificate of compliance”. 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 the Lunenburg Water District for replacement of a water main on 1205-1479 Massachusetts Avenue. Anthony Cleaves presented the project for replacement of the water main along Mass Ave. Abutters have now been notified and the project has been re-advertised. All replacement work falls within the right of way of Mass Ave. There are 3 wetland areas along the road, the first one is a wetland crossing off of Townsend Harbor Road, the second one is to the east, and the third one is near the school driveway. At the first site, the 30’ no touch zone would remain undistributed. At all three wetlands sites, erosion controls of straw wattles and a silt fence will be placed on both sides of the roads edge. RT asked if the road at the school driveway wetlands is going to be opened or if directional digging will be done. AC said it will be an open cut at the edge of the road. RB asked what the construction timeframe is. Gary McCarthy from StanTec said the work will likely be done in the summer of 2023, but that there may be some delays. Mike Brady said the work will likely take 60-90 days barring delays in material availability. The Water District will have an engineer on site on a daily basis during construction, and StanTec engineers will support the overall project but will not have an engineer on site daily. RB/CC M/S to approve with a negative determination #3 with condition that the office be notified 14 days prior to construction for inspection of erosion controls. Roll Call vote, unanimous to approve. ML had technology issues and didn’t vote. NEW BUSINESS: Election of Officers: postponed Girl Scouts: MW said that the Girl scouts will be at the Lane Property on Saturday to install the bench at 10 am should anyone care to attend. Questions for Town Counsel: BP will ask town counsel about the 2-year statute of limitations of violations in the buffer zone as long as said violations don’t impact the resource area. Use of Docusign: NM requested that the commissioners not reject a request for DocuSign, as it throws the signature process off. Topics not known 48 hours in advance of meeting: NM noted that there is an additional Administrative Determination that she will address during that part of the meeting. OLD BUSINESS: Update on encroachment issues at: 192 Townsend Harbor Road 104 Woodland Drive ===PAGE 3=== NM did not have updates Hollis Road Residence: Update on maintenance work, exterminator. ML said that a vendor has been selected for the windows replacement project, and the windows have been ordered. The work will likely start in December. He needs to connect with the tenant to get a list of appliances and heating systems to get a replacement schedule planned. He is still working on getting numbers for the kitchen. ML asked if the exterminator contract with Ransford pest control has been initiated. Vote on Reimbursement for Cleghorn Plumbing. MW/ML M/S to pay the invoice of $1,471.56 for Cleghorn Plumbing from the Hollis Road Revolving Account. Roll Call Vote, unanimous to approve. Use of Hollis Road account for the pollinator habitat. ML said the first request for the pollinator habitat was for a water tank from Facebook Marketplace, which cost $100. The second request was for fencing and materials, which cost around $900, for protecting part of the habitat and a few trees. He is working with Paul Valente to get the fence work delivered. NM said the fencing has been ordered. ML said he is waiting for painting numbers to come in for the kitchen. ML will soon reach out to the tenant about storing the two lawn mowers in the garage. Administrative Determination: 131 White Street NM said there are 3 dead trees within 30 feet of a nearby stream that the Luneburg Housing Authority would like to cut under an Admin determination. RB/ML M/S to ratify the administrator's determination to permit cutting of 3 dead trees. Roll call vote, unanimous to approve BP joined the meeting in time for discussion on 53 Pearl St, he voted on it 53 Pearl Street NM presented that the homeowner wants to cut 3 trees and limb 1 tree overhanging his roof within the 30’ buffer for Lake Shirley. NM said the homeowner has offered to replace them with 2 maples and 2 hemlocks. RB/RT M/S to ratify the administrator’s determination to permit cutting of 3 trees hanging over their house and limb 1 additional tree to be replaced with 2 10’ maples with 2” bhd and 2 7-8’ hemlocks with 2” bhd. Roll call vote, unanimous to approve. 238 Fire Road #16 Owner wants to cut 1 broken tree within 30 feet of an isolated wetlands. MW asked if he would only cut 1 tree, or a second nearby tree that appeared to be conjoined at the base. NM confirmed he will only cut the one tree. RB/ML M/S to ratify the administrator's determination to permit cutting of 1 broken tree. Roll call vote, unanimous to approve. Certificates of Compliance: ===PAGE 4=== 90 Hemlock Drive: NM has done a site visit for 90 Hemlock Drive. She recommends that they be approved when the request is sent in by applicant 131 Holman Street: 137 Holman Street: NM said they are waiting on an updated engineering plan because they had to move a rain garden, but once they put in the CoC request she recommends that both Holman sites be approved. 238 Fire Road #16: NM presented that there were several plants that had needed to come in, and during her most recent site visit they had. They are also waiting on an engineering plan but she recommends that the OOC be closed out and that the CoC is approved. ENFORCEMENT: Violations (Enforcement Actions and Hearings) EO 48 Oak Ridge EO 54 Pine Grove EO 23 Cove Road EO 336 Arbor St NM asked that the commission ratify the EOs for 48 Oak Ridge, 54 Pine Grove, 23 Cove Road, 336 Arbor St. BP said he doesn’t believe that they need to be voted on by the Commissioners, just signed by the chair or vice chair. No voting took place. NON 205 Sunset, Beers lot: NM said the homeowners are still working on making a plan EO 411 Goodrich St: NM said an RDA has been submitted to the Conservation Office, and it will likely be on the November 16 meeting agenda. Open Space and Land Use MW said the recent Open Space Committee was postponed and the next meeting is in November. Howard Street Driveway: BP said the permits has been approved, the next step is to approach DPW for help with the project. Timber Sales: BP said cut on Hollis road is underway, and the Chase/Northfield road property is next. There was 1 abutter inquiry on the Northfield property. The proceeds will be approximately $28,000. Vote on Maki’s PO: BP said the Commission already voted on a $2000 PO back in FY22, and NM will now raise the new PO for FY23 with the balance of unspent funds. BP commented that there should always be a few hundred dollars open PO at Maki, and MW agreed. BP said he needs to reach out to volunteers to finish putting up the trail signs, and that the Commission should tackle putting up the gates next year. MW said that the Girl Scouts are interested in writing in the Lunenburg Ledger about various aspects of Lunenburg conservation land. She has also reached out to a writer at the Ledger who is willing to mentor the Girl Scouts. She asked for ideas from the Commission, for example the bald eagles at Lake Shirley and Hollis Hills, or endangered species such as the Blanding’s turtle. MW has a short list of ideas that she will circulate with the Conservation Commission. MW said the Lunenburg Snowriders have proposed trails improvements at Cowdrey, including fixing the ===PAGE 5=== bridge. She presented a presentation on the proposed plan and estimated costs with help from the conservation commission (under $1200) for fixing the bridge, which is a safety hazard. The Snowriders would provide supplies and volunteer support, with plans to fix the bridge in one day. Proposal of widening and replacing bridge deck, and strengthening it. The existing stringers would require no replacement. BP recommended looking at Makis for price quotes as their pricing is competitive and there is an open purchase order that could help to cover costs. RB asked if the existing stringers would provide enough support for the snow machines that come in. MW confirmed a replacement plan that would strengthen the bridge. BP/MW M/S to approve the maintenance project and express the Commission’s appreciation for the Snowriders’ labor. Roll call vote, unanimous to approve. RB had technology issues and didn’t vote. Committee Reports – no update Communications /Public comment RT/CC M/S adjourn the meeting. Roll call vote, unanimous. Adjourned at 8:38 pm Meeting schedule: Next meeting is November 2, 2022 at 7:00 PM by Zoom platform ======================================================================================== DOCUMENT : 2022-11-02-agenda-6310.txt BOARD : conservation-commission DATE : 2022-11-02 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2022-11-02-agenda-6310.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_11022022-6310 ======================================================================================== ===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 Catie Childs Michael Larouche Mary Wilson Richard Tremblay November 2, 2022 7:00 PM Agenda Revised October 27, 2022 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/84766110417?pwd=NmtvMlpldW9JRXc1Y2xrcE5iTDE4QT09 Meeting ID: 847 6611 0417 Passcode: 627938 One tap mobile: +19292056099,84766110417# US (New York). Phone callers can unmute by pressing *6 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 – October 19, 2022 Appointments/Hearings – begin at 7pm NEW 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 Dan’s Paving LLC for a proposed parking lot, proposed garage and office and septic system at 691 Chase Road, Lunenburg. 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 the Lunenburg Housing Authority, for tree cutting at 131 White Street. 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 Elaine Normandin for a proposed replacement of a retaining wall at 47 Round 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 Rene Rainville, for a proposed replacement of a retaining wall at 57 Round 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 Marc Sprague, for a proposed replacement of a retaining wall at 73 Round Road. 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 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: Questions for Town Counsel Review of draft select board environmental policies Parcel 3 Sunny Hill Road Topics not known 48 hours in advance of meeting OLD BUSINESS: Update on encroachment issues at: 192 Townsend Harbor Road 104 Woodland Drive Hollis Road Residence: Update on maintenance work, exterminator Administrative Determination: Certificates of Compliance: 390 New West Townsend Rd (DEP# 208- 1125) ENFORCEMENT: Violations (Enforcement Actions and Hearings) EO 48 Oak Ridge EO 54 Pine Grove EO 23 Cove Road EO 336 Arbor St NON 205 Sunset, Beers lot EO 411 Goodrich St Open Space and Land Use Howard Street Driveway Timber Sales Conservation land improvements Committee Reports – Any Update Communications /Public comment Adjourn Meeting schedule: Next meeting is November 16, 2022 at 7:00 PM by Zoom platform ======================================================================================== DOCUMENT : 2022-11-02-minutes-6310.txt BOARD : conservation-commission DATE : 2022-11-02 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2022-11-02-minutes-6310.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_11022022-6310 ======================================================================================== ===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 Catie Childs Michael Larouche Mary Wilson Richard Tremblay November 2, 2022 7:00 PM ZOOM REMOTE Present: BP, RB, CC, ML, MW, RT Absent: JV Call to Order: 7:00 pm Announcements None. 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. Sam Welch noted that he is present at the meeting. Minutes of previous meetings – October 19, 2022 CC/RT M/S to approve the minutes of 10/5. Roll Call vote, unanimous to approve. NEW 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 Dan’s Paving LLC for a proposed parking lot, proposed garage and office and septic system at 691 Chase Road, Lunenburg. Melissa Magane with Dan’s Paving and Excavating presented the proposed plan, and noted that she is requesting a retroactively approved RDA as some of the work (the driveway and existing paved area) have already been constructed. The electric service has not been constructed yet. MM noted that once occupancy of the land is approved, in accordance to the Zoning Board special permit, she will have 6 months to remove the temporary trailer office, and the proposed office, garage, and septic area will hopefully be complete. RB asked if there had been any disturbance within the 100’ buffer zone. MM confirmed Dan’s Paving has not disturbed anything within the 100’ buffer zone. Although, Unitil has a right-of-way access that they did some ===PAGE 2=== clearing for. RB asked if the septic system has been approved by Board of Health. MM stated it has not. RB said that if there are any alterations the BOH recommends, the plan will need to come back to the Conservation Commission again for approval. MM said there is an artesian well on-site, and the BOH has approved it as a potable water source. MM confirmed the electric service will be coming in overhead. RB/MW M/S to approve with a negative determination with condition that the office be notified prior to construction for inspection of erosion controls, and if there are any changes to the septic system plan it be brought back to the Conservation Commission for approval. 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 the Lunenburg Housing Authority, for tree cutting at 131 White Street. Deborah Christen (LUHA Chairman), Adam Gautie (LUHA Assistant Executive Director), and Dale Proul (LUHA member) were present for the proposed plan. AG described that a number of trees on the perimeter from Building A to G will be taken down because the tress are dead or dying, and present a hazard due to falling limbs. MW visited the site and confirmed that a number of trees are dead, dying, or leaning over a driveway or unit. She stated she would be interested in replacing some of the dead or diseased trees but has concerns with replacing any healthy trees. ML conquered with MW that they are harm to safety and property and he has no issues with removing the trees, but aesthetically they might consider replacing them with smaller trees. RT agreed with ML but asked if the trees near Building A, B, C, and D are dead or dying and are marked for removal, as he doesn’t remember being taken there during either of the two site visits. AG stated that those trees were marked for removal and they have previously caused property damage, he confirmed there is no plan to replace the trees due to budgetary restrictions. RT noted that where the trees are more spare (near Buildings A, B, C) the proposed trees might remove the trees entirely from that area. RB asked if the stumps would be taken out. AG stated it was up to the Commission, and RB proposed leaving the stumps and being careful with surrounding vegetation while removing trees. BP agreed with RB about not removing stumps, as it would also be cheaper. RB/CC M/S to approve with a negative determination with condition that the stumps be left and that damage to the surrounding vegetation be minimized. 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 Elaine Normandin for a proposed replacement of a retaining wall at 47 Round Road. ML/CC M/S to continue hearing to 11/16 meeting. 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 Rene Rainville, for a proposed replacement of a retaining wall at 57 Round Road. MW/RB M/S to continue hearing to 11/16 meeting. 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 by Marc Sprague, for a proposed replacement of a retaining wall at 73 Round Road. Matt Marro represented applicants on all three NOIs at Round Road, as the properties are abutters. Brett Ramsden (of Ramsden Walls) who will be doing the proposed work was also present. MM presented the three walls which are all fieldstone walls that are self-draining. There is a 100 year flood plain mark on property. The walls are not proposed to be expanded or the height raised, the existing walls will just be replaced. MM presented images of the current deteriorating wall at all three properties. RT went on a site visit and confirmed that the walls are in poor shape, he also asked if there were any plans to replace the docks as they are also damaged. MM said there were no plans to replace the docks. MW asked if there were any plans to address the erosion that has gone into the lake. MM stated there were no current plans for said erosion. MM stated he contacted DEP about delays with issuing DEP numbers due to short staffing. RB asked where the walls were in relation to the high water mark. MM stated that some of the walls were on top of the high water mark while others were slightly off set. He stated work will likely be done in drawdown time. MM confirmed that the wall will be placed slightly behind the existing timber wall. BR stated that the full project for all three properties shall take approximately one month. BR expressed concern about the lake potentially closing due to high precipitation, and resulting difficulties with construction this could cause including project delays. MM stated he would coordinate with BR about dates to avoid this from happening. RB stated that there could be mechanical issues with the damn and that he should have a contingency plan for that. BR said he will mostly be able to do the work from dry land. Eric Knapp (at 39 Round Road) is an abutter and expressed that he generally supports the project but requests that the replacement wall match the location and height of the exiting wall on his property, and that there be no significant gap between the two that would cause channeling in the event of flooding. MM stated that he could ensure there is no significant gap between the two walls but it would be difficult to match the height because the wall is higher at 39 Round Rd than at 47 Round Rd and he is not able to raise the wall without filling the flood plain. ML/RB M/S to continue hearing to 11/2 meeting. Roll call vote, unanimous to approve. 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 and Bill Hannigan were both present for the discussion. BHann presented on the plan for details regarding where the paving for the driveway will take place. He presented aerial photos that showed the general location of the previous gravel driveway, and the proposed plan which will be in a similar location, with some expanded parking area. The paving is outside the 50’ no build zone. BHann stated the turnout area is an extension of the driveway and will be loamed and seeded for stabilization. Additionally, he staked that some crushed gravel was added at the back of the driveway prior, and the plan is to keep some of the gravel, around a 2 feet apron of the driveway and the extra crushed stoned would be removed and the area loamed and seeded. The area paved to the southeast of the driveway encroached on the abutter property, so it will be ===PAGE 4=== removed. BHann stated this project will result in a minimal increase in runoff but that the crushed stone and restored area will mitigate this increase. BHann stated he is seeking a negative determination. There were also some trees outside of the 50’ buffer zone that had been removed due to their proximity to overhead wires. MW pointed out that there appears to be a misrepresentation of the number of tress in the plan versus the ones that appeared in photos. BHann noted that this could be the case. RT asked what the dimensions are for the area of crushed stone, BHann confirmed that the crushed stone is existing and there are plans to remove excess stone. Susan Petrella (abutter to project) brought up a concern about the project being in compliance with Lunenburg Byalw Article 4 Section 250-6.4 which requires that driveways be set 5’ from lot lines, and needs to be issued a building permit. BP stated this should be brought up with the building inspector. RB asked if there were plans to comply with this bylaw. BHann stated it could fall under an exemption but that he will likely take it up with the building inspector RB/CC M/S to approve with a negative determination. 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 # 208-1265) 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. BHann requested a continuance to the 11/16 meeting. RB/MW M/S to continue hearing to 11/16 meeting. Roll call vote, unanimous to approve. NEW BUSINESS: Questions for Town Counsel BP asked question to town counsel. He confirmed that in the Wetlands Act there is a two-year statute of limitations on existing violations that are just in the buffer zone and not impacting the resource area. Review of draft select board environmental policies BP stated concerns that there is a lot of stuff included that he isn’t sure how they would enforce it, and he also stated there appears to be a lot of things that they missed. MW reviewed the policies as well and has concerns regarding ATV usage, and BP agreed. RB also expressed concern on enforcement and where the money for policies is coming from. BP recommended that questions and concerns be sent it. Parcel 3 Sunny Hill Road BP stated that the town has right of first refusal, and as far as he knows there is no interest among the Conservation Commission to acquire it. MW/RB M/S to approve that the Conservation Commission has no interest in acquiring Parcel 3 Sunny Hill Road. Roll Call vote, unanimous to approve Topics not known 48 hours in advance of meeting Request for a field change by Richard Tremblay The plan calls for 12” wattle but only 9” wattles are available. RT requests to use 9” wattles instead. RB/MW M/S for a field change to a 9” wattle. Unanimous to approve. RT recused. ===PAGE 5=== The Boy Scouts for an Eagle Scout project submitted a request for overnight camping at Clark’s Hill. BP noted they filled out the appropriate form and recommended that it be approved. RT/MW M/S to approve overnight camping by the Boys Scouts at Clark Hill. Roll Call vote, unanimous to approve. OLD BUSINESS: Update on encroachment issues at: 192 Townsend Harbor Road 104 Woodland Drive BP went by their place twice, no one answered. Hollis Road Residence: Update on maintenance work, exterminator ML had a meeting set for the kitchen but the person got sick so they will reschedule. ML stated they received permission to store the lawn mower and the push mower in the shed on property over the winter. ML said signatures are required for the exterminator contract on 123 Hollis Rd, it would be a $495 yearly contract. The contract is made out to the Town of Lunenburg. BP said he should reach out to Julie Belliveau about who should sign it. Administrative Determination: Certificates of Compliance: 390 New West Townsend Rd (DEP# 208-1125) RB/ MW M/S to approve the issuance for the Certificate of Compliance. Roll call vote, unanimous to approve. Violations (Enforcement Actions and Hearings) EO 48 Oak Ridge EO 54 Pine Grove EO 23 Cove Road Tracee and Robert Galloni (property owners at 23 Cove Rd) commented on their EO. RG stated that he has correspondence between him and Matt Marro back to 6/16/2021, with a timeline of everything, and a recording of an 8/18/2021 Conservation meeting where a plan was presented and approved. MM visited the site on 4/14/22 and said the site was all good, and MM stated he would report back to the commission. BP asked if there was still the shed/greenhouse on the corner of his lot that was within the 50’ buffer zone. RG stated that at the 8/18/2021 meeting he was represented by Rob Bowen. Oxbow also provided a report that showed there was no wetland filled. RG provided a restoration plan, it was accepted and approved and a site visit was conducted by MM on 4/14/2022. BP recalls that the Commission said the shed construction needed to stop but it was completed on site. BP stated that this must remain on the agenda until Adam Burney or the new Conservation Administrator reviews the EO and determines no further action is needed. BP asked if there was significance between the distinction between a shed and greenhouse on the property, RG stated that it was decided at the 8/18/2021 meeting that the issue of the greenhouse and stonewall was resolved. RG stated he would be providing legal documents in regards to the wetlands and rainwater covert which was ===PAGE 6=== supposed to be maintained by Hickory Hills. He stated that the lack of covert maintenance, caused flooding on his property, and it resulted in his property being designated as wetland. It was also determined that there were stones in the rainwater covert, and when they were removed, the water started to flow better, and his land started to dry out. EO 336 Arbor St NON 205 Sunset, Beers lot EO 411 Goodrich St Open Space and Land Use BP has not yet talked to Bill Benard Howard Street Driveway BP has not yet talked to Bill Benard Timber Sales BP heard from Fran McNamara that pulling lumber out of the back of Hollis Rd is going well; Conservation land improvements BP stated that the PO for Maki was only $300 but there needs to be more funds to pay for upcoming expenses. RB/RT M/S for a $2,000 PO at Maki for materials and supplies for bridge repairs and putting up signs and gates. Roll call vote, unanimous to approve Committee Reports – Any Update BP stated that Adam Burney received communication from the attorney for Sean Kelly’s estate, at the Hickory Hills property. The property failed Title V so it will delay the transfer of the estate to the Conservation Commission. Communications /Public comment Sam Welch stated he was interested in being an associate member of the Commission. BP explained the role of an associate member such as attending meeting, being included in discussion during the meeting, and coming to site visits. MW stated she will send SW any relevant volunteering opportunities. MW/CC M/S adjourn the meeting. Roll call vote, unanimous. Adjourn at 9:14 pm Meeting schedule: Next meeting is November 16, 2022 at 7:00 PM by Zoom platform