# conservation-commission — 10 documents, concatenated for reading and search # # This is a CONVENIENCE BUNDLE, not a source. Every document below is # published separately and byte-identically; cite the individual file, # whose path is given in each header, rather than this bundle. # Index of all boards: https://lunenburgbudgetproject.org/minutes/INDEX.txt # The town's own scanned original is linked per document. ======================================================================================== DOCUMENT : 2023-07-05-minutes-381.txt BOARD : conservation-commission DATE : 2023-07-05 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2023-07-05-minutes-381.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_07052023-381 ======================================================================================== ===PAGE 1=== Town of Lunenburg Conservation Commission Mary Wilson, Chair Tel: (978)582-4146 Bob Pease, Vice Chair 960 Massachusetts Ave Richard Tremblay, Clerk Lunenburg, MA 01462 Richard Bursch Jeffrey Viviano Anna Petrie Michael Larouche Conservation Administration Chris St. Germain July 5, 2023, 7:00PM, ZOOM REMOTE Minutes Roll Call: Mary W., Rich T., Rich B., Mike L. and Anna Petrie (Admin.) Absent: Bob P. and Chris St. Germain Call to Order at 7pm by Mary W. Announcements/Public Comment- none . Minutes of previous meetings – none 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 an Amended Order of Conditions by Nicholas Eaton for repair and construction of existing deck at 441 Townsend Harbor Road (DEP # 208-1240). Anna screen shared the original site plan. Nick Eaton (applicant) noted that the shed and deck had been there for 30 -40 years . Two trees fell on the house and deck 3 years ago and the deck needs reframing. He will use Trex decking and a Techno post as a support beam. Rich T. noted that there was 1 post in the water and asked the Nick to modify his plan so all posts are on land. Rich B. asked Nick to talk to the Building Inspector about design but he cannot make the deck any larger and to add mate rial list to the plan. The Commissioners discussed the footings and to continue hearing. Nick agreed to keep the pilings out of the water and he was given permission to take the deck apart. Motion: Rich B., Second: Rich T. To continue 441 Townsend Harbor Road to 7/19/23. Roll Call V ote was unanimous to approve. CONTINUED PUBLIC HEARING S Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Notice of Intent by Lunenburg Skate Park, Inc. for the proposed construction of a skate park and drainage basin at 100 Chestnut Street (DEP # 208 -1290). Greg Roy (Dillis & Roy) screen shared the site plan for the concrete skate park at Marshall Park and noted they are coordinating this with the Parks Commission. Greg also shared older plans and noted the changes made , such as reshaping the drainage. He added that Matt Marro delineated the wetlands and stated that it is not jurisdictional under the Wetlands act – just under the Town’s by-laws. There will be nothing done in the 30’, a stormwater berm in the 50’ and a small portion in the 100’ buffers. They will need to take down 7 or 8 additional trees between the 50’ and 100’ to do the drainage. Rich B. asked for a statement from Matt that the wetland is under 5,000 sq ft. Mary asked about replanting and Greg replied that they will plant 7 maples, which he will update on the site plan. He added that Parks will need to see the updated plan before closing so he asked to continue the hearing to 7/19/23. Rich B. asked Greg to make Parks aware of the stormwater maintenance plans. Motion: Jeff V ., Second: Rich T. To continue 100 Chestnut Street to 7/19/23. Roll Call V ote was unanimous to approve. ===PAGE 2=== Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearin g on a Request for Determination of Applicability by Town of Lunenburg Facilities Department for the proposed addition of sand at the town beach at 265 Prospect St. Ana Lockwood, Karin Menard, and Pat Hackey (Parks Commission) . Ana noted that the beach is currently open and they are hoping to get approval for 20 yards of sand to improve the beach. They need to turn the sand over and remove rocks that are hazards. They will also pull some sand from the water and will add sand as needed to level it. Mary suggested pulling sand every year and Ana agreed. Motion: Jeff V ., Second: Rich T. For a negativ e determination with an Order of Conditions and to have sand from the lake to be reclaimed post season. Discussion: Mike asked to have erosion control when beach is not used. Ana replied that they do not have a complete plan yet but will get back to the Commission when the Parks Commission has a doable plan. Roll call vote was 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 Robert J. Correa for the Construction of a garage at 932 Flat Hill Road (DEP #208-XXXX). James Tetreault (Azimuth Land Design) screen-shared the revised site plan, per the Commission’s request to lessen impacts. They have added infiltration from the existing house run-off and all work will be outside of the 50’ buffer. James read the riparian area stats from the revised plan and noted there is less net impervious area now. Mary asked about tree removal and James replied there will now be just 4 or 5 trees removed, with the rest left alone. Rich T. inquired about the location of the driveway and James pointed it out , adding that they will raise the septic slightly to prevent break-out for Title 5. Mr. Correa asked how much area would need to be remediated and Rich B. replied just the area newly disturbed in the riverfront area. James will revise the site plan. Motion: Mike L., Second: Jeff V . To continue 932 Flat Hill Road to 7/19/23. Roll Call V ote was 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 Request for Determination of Applicability by Kate Jackson for tree removal and maintenance at 1338 Lancaster Ave . Patrick and Kate Jackson (applicants ). Anna screen-shared the updated plan showing the trees to be removed and those just pruned. She noted that she did a site visit and reflagged the trees accordingly. Mary asked how close the trees were to the stream and Anna replied 1 is 67’ -68’ but the rest are further away. Anna shared photos of the trees that are overhanging the structures and stated they are red maples that do not look healthy. Originally they were asking to remove 28 trees but revised it to removing 19 trees and pruning 9 trees. Mike L. asked if they plan to replace the 19 trees and Patrick replied there was no replanting plan. Anna noted that the stumps and wood chips would be left. Mary stated that he would need written permission to remove trees on the abutters property and Anna replied that Patrick gave her a permission letter from the abutter. Motion: Rich B., Second: Mike L. For a negative determination with added statements that all stumps are to remain in the ground and there is to be no expansion of the lawn area. Roll Call V ote was 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 Request for Determination of Applicability by Michael Masciarelli for Tree Removal at 131 Island Road . Michael screen shared the updated drawing with corrected buffer lines. He added that he wants to remove 1 tree within the 50’ and 8 in the 50’ to 100’. They will limb 3 trees near the house to preserve the canopy and add 6 new trees, along with a privacy hedge. They will also plant native shrubs along the walkway to the water. Mary asked for a list of plantings to be added to the plan and Michael will ask a professional to assist. Motion: Jeff V ., Second: Rich B. To continue 131 Island Rd. to 8/2/23. Roll Call V ote was 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 Dan Proctor for the Construction of a replacement septic system at 1074 Lancaster Ave (DEP # 208-1298). Greg Roy (Dillis & Roy) reported that they received the DEP file number and there were no comments. Motion: Rich B., Second: Rich T. To approve the application as presented. Roll Call V ote was 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 Larry Coffren & Marsha Beers for the relocation of an existing deck at 205 Sunset Lane (DEP# 208-XXXX). Anna received a request from the applicants’ representative to continue to 7/19. Motion: Mike L., Second: Rich B. To continue 205 Sunset Lane to 7/19/23. Roll Call V ote was unanimous to approve. NEW BUSINESS: Update on Timber Rights Fund – no update. Definition of rivers – tabled Notice of Project Change - 406 Sunset Lane – Greg Roy (Dillis & Roy) and Nancy Malady (applicant). Greg screen-shared the site plan for construction of a proposed house addition and replacing the existing railroad tie retaining walls . They previously received an Order of Conditions, cleared trees and removed the existing deck. He noted that they are proposing a full foundation and the applicants would like to add walk-out access for storage of kayaks . They want to make a change to the proposed retaining wall, lower the grade to add the walk - out and are proposing native plantings near the retaining wall. Greg stated that they had to remove 2 trees when excavating because they would not make it. They ran it by Anna and are proposing new plantings as mitigation. Rich asked if they are submitting this as a Field Change and Greg replied yes. Motion: Rich B., Second: Mike L. To approve the Field Change for 406 Sunset Lane. Roll Call V ote was unanimous to approve. OLD BUSINESS: Grant Application Proposal Update: Mary reported that the y got the nod from the State of Massachusetts for the parking areas but it still needs to go through the rest of the state process. First Refusal Lot 4 Leominster Road – Mary noted the owner is not amenable to the property going to Conservation. The Commission discussed and were not interested in pursuing it. Motion: Rich B., Second: Mike L. To inform the Select Board that the Conservation Commission is not interested in pursuing Lot 4 Leominster Road at this time. Roll Call V ote was unanimous to approve. Encroachment issues: Anna reported that there are no updates and the letters were all sent out. Hollis Rd updates- Mike L. reported that Chris Ruth has asked a contractor for a price on painting the trim, house and back of foundation. He noted that the Pollinator Habitat rescheduled their Open House to 7/22 (rain date 7/23). He added that over the holiday, he and Rick Hilson installed a water reclamation system at the Hollis Road shed to collect rainwater. Administrative Determinations: 45 Island Road – Anna shared pictures of the birch tree near the water that broke in half during a storm. The property owner removed the broken portion and would like to remove the rest of the tree, leaving the stump. Rich B. stated that he was ok since there are other trees there and as long as the stump is left. Motion: Rich B., Second: Mike L. ===PAGE 4=== To approve the administrative determination to remove the damaged limb . Roll Call V ote was unanimous to approve. 246 Prospect Street – Anna stated that the property owner wants to remove 5 trees at his lake access. They are large red maples in the 30’ buffer zone and are mostly dead and split. The rest of the trees are dead ash trees that are up against the fence, so there is no canopy. The property owner is concerned that the maple trees could fall on the dock or boat. They propose restoring the understory with blueberries. Rich B. asked to have this application presented as a Request for Determination of Applicabili ty. He added that this access was intended to be a 4’ pathway to the dock but the understory is getting cleared along Lake Whalom. Also there are sheds and chairs there. Motion: Rich B., Second: Jeff V . To deny the administrative determination and have them file for a n RDA. Roll Call V ote was unanimous to approve. Certificates of Compliance: 290 New West Townsend Road- Anna stated this was for a septic system with DEP # 208 -1271. She visited the site which has been reseeded, stabilized and all conditions met. Motion: Jeff V., Second: Mike L. To approve the Certificate of Compliance for 290 West Townsend Rd . Roll Call V ote was unanimous to approve. 238 Fire Road 16 – Anna stated this was for construction of a single family house, sewage disposal and driveway. They had issued an enforcement order for needing mitigation, grading and site plantings. She did a site visit and shared photos of the property with plantings and established seedings. Anna said that she is satisfied that everything was done to standards. Rich B. asked for a letter from the engineer of record, stating the house was completed as permitted and a list of anything outside of the application. He added that they need to file a concurrent request with the DEP and to table the discussion to the next meeting. Butch Magurn (Homeowner) noted that Nadia came out last fall and recommended the COC. He will have the engineer change the verbiage on the letter and also noted that the site plan displayed was not the updated one. Butch asked Rich B. to do another site visit. Motion: Rich B., Second: Mike L. To continue the request to 7/19/23. Roll Call V ote was unanimous to approve. ENFORCEMENTS: Violations: EO 23 Cove Road – Anna reported that she received correspondence that they took down the greenhouse and did a site visit to confirm so. They still need to remove the parts out of the area. Public Comment: This is Anna’s last meeting and Mary thanked her for all her work for Conservation. The Commissioners wished her well. Anna thanked them and noted that her new part-time assistant will be starting on 7/1 , working 2 days a week. Motion: Rich B., Second: Mike L. To adjourn at 10:04 pm. Roll Call vote was unanimous to approve. Respectfully submitted, Jane Ranley Minutes Clerk ===PAGE 5=== ======================================================================================== DOCUMENT : 2023-08-02-agenda-354.txt BOARD : conservation-commission DATE : 2023-08-02 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2023-08-02-agenda-354.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_08022023-354 ======================================================================================== ===PAGE 1=== Town of Lunenburg Conservation Commission Mary Wilson, Chair Tel: (978) 582- 4146 Bob Pease, Vice Chair Richard Tremblay, Clerk 960 Massachusetts Ave. Richard Bursch Lunenburg, MA 01462 Jeffrey Viviano Ashleigh Denio Michael Larouche Administrative Assistant Chris St.Germain August 2, 2023 7:00 PM Agenda AMENDED 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/83903480895 Meeting ID: 839 3048 0895 Passcode: 860872 One Tap Mobile +16469313860,,83903480895# (US) 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 – May 17, 2023 - June 7, 2023 - June 21, 2023 – July 5, 2023 Appointments/Hearings – Begin at 7:00pm 46 Maple Parkway drainage issues. Appt 7:10pm – 780 Northfield Rd. 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 Dennis & Laura McDonnell for a proposed deck, staircase for waterfront access, and a seasonal dock install at 40 Laurel Lane (DEP# 208-1302). Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Request for Determination of Applicability by Michael Coulombe for installation of 2 4x20 aluminum roll-out docks with 4’ ramp along shoreline adjacent to Hemlock beach at 100 Hemlock Drive. ===PAGE 2=== Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Notice of Intent by Justine Morgan to replace deteriorating retaining wall, replace pressure-treated stairs with granite, and replace decking at 701R Reservoir Road. (DEP #208-1301). 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 Lunenburg Skate Park, Inc. for the proposed construction of a skate park and drainage basin at 100 Chestnut Street (DEP #208-1290). 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 Robert J. Correa for the Construction of a garage at 932 Flat Hill Road (DEP #208-1300). Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Request for Determination of Applicability by Michael Masciarelli for Tree Removal at 131 Island 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 Larry Coffren & Marsha Beers for the Relocation of an Existing Deck at 205 Sunset Lane (DEP #208-1299). Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on an Amended Order of Conditions by Nicholas Eaton for repair and construction of existing deck at 441 Townsend Harbor Road (DEP#208-1240). NEW BUSINESS: Topics unknown 48 hours in advance of meeting Update on Timber Rights Fund Definition of rivers Invasive Species Initiatives 208 Northfield (Hickory Hills Well) Appeal to DEP 208-1294 Update on new kiosk conservation area signs Proposal to put up mushroom sign at Robbs Hill Funding for Title searches 1529 Mass Ave Rear; 731 Page Street; 0 Old Turnpike Road R/W OLD BUSINESS: Grant Application Proposals Update Shawn Kelly Estate Update if any on encroachment issues at: 950 Chase Road 315 Lancaster Ave 26 Mulpus Road Hollis Road Residence: Update on maintenance work Pollinator Habitat Open House Update Painting Quote ===PAGE 3=== Administrative Determination: Extension Request Permits: Certificates of Compliance: 238 Fire Road 16 43 Summer Street 386 Sunset Lane 54 Pine Acres Road Notice of Project Change: ENFORCEMENT: Violations (Enforcement Actions and Hearings) NON 205 Sunset, Beers lot Town Beach Erosion 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 August 16, 2023 at 7:00 PM by Zoom platform AMENDMENTS: 100 Hemlock & 701R Reservoir Rd have been moved from Continued Public Hearings to New Public Hearings ======================================================================================== DOCUMENT : 2023-08-02-minutes-354.txt BOARD : conservation-commission DATE : 2023-08-02 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2023-08-02-minutes-354.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_08022023-354 ======================================================================================== ===PAGE 1=== Town of Lunenburg Conservation Commission Mary Wilson, Chair Tel: (978) 582-4146 Bob Pease, Vice Chair 960 Massachusetts Ave. Richard Tremblay, Clerk Richard Bursch Chris St. Germain Lunenburg, MA 01462 Jeffrey Viviano Michael Larouche Ashleigh Denio Administration Assistant Minutes Wednesday, August 2, 2023, 7:00 PM Regular Meeting ZOOM REMOTE Members Present: Mary Wilson, Chair Bob Pease, Vice Chair Richard Tremblay, Clerk Chris St. Germain Members Absent: Jeffrey Viviano Richard Bursch Michael Larouche Meeting Called to Order – 7:00 PM ❖ Announcements/Public Comment – N/A Appointments/Hearings ❖ Jay Campbell presented concern with drainage issues caused by DCR tree cutting behind his property, 46 Maple Parkway. Jay claimed that the tree cutting was not performed properly to plans by DCR. He described large amounts of rain runoff that cannot be properly drained due to the terrain change, now affecting his and neighboring properties. MW asked for description of the damage. Jay stated his backyard has flooded, as well as the crawlspace, and indoor spaces. He also described complications with the septic system and furnace. BP recalled visiting the property with state forester associates, who agreed that the cuttings were not consistent with DCR plans. While the issue was being discussed with higher-ups, there was no update regarding possible DCR enforcements. BP agreed that there is more water arriving on the property due to cuttings, which are exempt from the wetlands jurisdiction to address. MW utilized the DEP Wetlands map and agreed that the property is not within the ConComs jurisdiction, and that while the property is subjected to wetlands protection, the rain water discharge is not a violation. Comment [MW1]: Comment [MW2]: Comment [AD3]: Comment [AD4]: ===PAGE 2=== BP suggested following up with DCR, since the issue is closest to their jurisdiction to address. ❖ Jim Lattanzi spoke regarding a farm access road completed at 780 Northfield Road. Jim stated that despite receiving a permit from previous conservation agent, Matt Marrow, complaints were filed with the DEP about the project crossing an intermittent stream without a limited NOI filing. Jim attested that there was an existing culvert pipe were the access road was built, which was replaced to be slightly larger. The second complaint from DEP was that the access drive was within the 100-ft buffer zone. Jim attested that the closest buffer-zone point was measured at 116-ft. BP/RT M/S to affirm the initial decision of conservation administrator, Matthew Marro, in which the activities to improve and widen a farm access road were an exempt activity under the Massachusetts Wetlands Act and local bylaws. Roll call vote, unanimously approved. 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 Dennis & Laura McDonnell for a proposed deck, staircase for waterfront access, and a seasonal dock install at 40 Laurel Lane (DEP# 208-1302). Greg Roy, with Dillis & Roy, represented the applicants. The applicants were also present. Greg presented plans, in which a 4-ft wide wooden stairway would be built to lead to the water from a stone pathway. Native shrubs would be planted along to edge of the boardwalk. Greg noted the commission’s previous suggestions to use helical piles to the maximum extent by the water. Greg also noted a modification of original plans in which the deck structure was removed and replaced by a formalized walkway. Greg stated that the DEP commented with question whether the project would affect resource areas. He clarified that the lower landing will be constructed above floodplain elevation, therefore not impacting any banks. Further, since the proposed dock is floating, it will not impact underwater resource areas. CS asked for confirmation that deciduous trees on site would not be altered. Greg confirmed. BP/RT M/S to approve Notice of Intent for 40 Laurel Lane (DEP #208-1302) with standard Order of Conditions. Roll call vote, unanimously approved.  Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Request for Determination of Applicability by Michael Coulombe for installation of 2 4x20 aluminum roll-out docks with 4’ ramp along shoreline adjacent to Hemlock beach at 100 Hemlock Drive. Michael Coulombe and John Fortune represented Hickory Hills landowners in request to install two freestanding docks along the shoreline. MW asked how the docks would connect to the shore line. Michael stated a 4-ft ramp would connect the dock to the shoreline. MW asked if considerations were made to diverge foot traffic ===PAGE 3=== away from nearby vegetation. Michael stated there is an existing path along the shoreline and from the street. He also stated the foot traffic would be limited, since the dock would not be public. MW requested that lease agreements stipulate no foot traffic on vegetation, and signs be installed to reflect the same. John Fortune agreed to install signs and proposed putting down woodchips to encourage walking away from vegetation. MW and RT agreed to woodchips suggestion. BP/CS M/S to issue negative Request for Determination for installation of docks at 100 Hemlock Drive, stipulating that “stay-on-path” signs are displayed and walkways are laid with woodchips. Roll call vote, unanimously approved.  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 Justine Morgan to replace deteriorating retaining wall, replace pressure-treated stairs with granite, and replace decking at 701R Reservoir Road. (DEP #208-1301). Christopher Coffin represented applicant. Site photos were presented of dock which is to be disconnected, installing retaining wall, and replacing wood-rotted timbers with composite decking. Christopher clarified that the support beams will not be moved. BP asked the size of the granite steps. Christopher clarified no larger than 48 square ft. RT asked if there are disposal plans for the removed timbers, Christopher confirmed. RT asked for clarification that construction will take place during dry down, Christopher confirmed. MW asked for clarification that no trees, shrubs, or vegetation will be affected by construction. Christopher confirmed. RT/CS M/S to approve Notice of Intent for 701R Reservoir Road (DEP #208-1301) with Standard Order of Conditions. Roll call vote, unanimously approved. 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 Lunenburg Skate Park, Inc. for the proposed construction of a skate park and drainage basin at 100 Chestnut Street (DEP #208-1290). BP/RT M/S to continue Notice of Intent for 100 Chestnut Street (DEP # 208-1290) to August 16th meeting due to lack of voting quorum. Roll call vote, unanimously approved. ❖ 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 Robert J. Correa for the Construction of a garage at 932 Flat Hill Road (DEP #208-1300). BP/RT M/S to continue Notice of Intent for 932 Flat Hill Road (DEP #208-1300) to August 16th meeting due to lack of voting quorum. Roll call vote, unanimously approved. ❖ Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Request for Determination of Applicability by Michael Masciarelli for Tree Removal at 131 Island Road. ===PAGE 4=== CS/BP M/S to continue Request for Determination for 131 Island Road to August 16th meeting due to lack of voting quorum. Roll call vote, unanimously approved. ❖ 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 Larry Coffren & Marsha Beers for the Relocation of an Existing Deck at 205 Sunset Lane (DEP #208-1299). RT/CS M/S to continue Notice of Intent for 205 Sunset Lane (DEP #208-1299) to August 16th meeting due to lack of voting members. Roll call vote, unanimously approved. ❖ Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on an Amended Order of Conditions by Nicholas Eaton for repair and construction of existing deck at 441 Townsend Harbor Road (DEP #208-1240). BP/CS M/S to continue Amended Order of Conditions for 441 Townsend Harbor Road (DEP #208-1240) to August 16th meeting due to lack of voting members. Roll call vote, unanimously approved. Old Business  Certificate of Compliance – 238 Fire Road 16; 43 Summer Street; 386 Sunset Lane; 54 Pine Acres Road. MW stated the four addresses requesting a Certificate of Compliance will be tabled until the August 16th meeting due to staffing shortages in the conservation department. ❖ Update on Shawn Kelley Estate Lisa Pollock was present to ask for an update regarding the Commission acquiring the estate. BP explained that Shawn Kelley, an avid outdoors man, had left his estate to the conservation commission. Letters from a state attorney detailed the necessity of a signed order settlement for this process to take place. Lisa also informally requested that should the commission purchase any land with the estate money, it be memorialized with Shawn Kelley’s name. RT/CS M/S to authorize Bob Pease to sign the probate document for the Conservation Commission in regard to the Shawn Kelley estate. Roll call vote, unanimously approved. New Business  Topics not known 48 hours in advance of meeting – N/A  Update on Timber Rights Fund – N/A  Definition of Rivers & Invasive Species Initiatives were subjects tabled until further notice. ===PAGE 5=== ❖ 208 Northfield (Hickory Hills Well) Appeal to DEP #208-1294 MW stated an appeal has been filed on DEP Order of Conditions. A site walk has been scheduled for August 10th at 11:00 AM. CS stated he will attend the site walk. ❖ Update on New Kiosk Conservation Signs BP stated that multiple new informative signs are being made to be added at existing and proposed kiosks. ❖ Proposal to put up Mushroom Sign at Robbs Hill BP stated he will talk with the town Counsil regarding a disclaimer addendum to proposed mushroom signs. ❖ Funding for Title Searches – 1529 Mass Ave Rear; 731 Page Street; 0 Old Turnpike Road R/W BP stated that the town will not fund the title searches for the properties. BP suggested utilizing conservation funds at a later time to purchase these title searches. MW agreed with this as a possibility. Old Business (Cont.) ❖ No update on grant application proposals. ❖ No Update on Encroachment Issues for 950 Chase Road, 315 Lancaster Ave, or 26 Mulpus Road. ❖ No Hollis Road Residence updates on Maintenance Work, Pollinator Habitat Open House, or Painting Quote due to absence of ML during meeting. ❖ No Administrative Determinations, Extension Request Permits, or Notice of Project Change. Enforcement ❖ NON 205 Sunset Lane (Beers Lot) – N/A ❖ Town Beach Erosion – N/A Open Space and Land Use ❖ Howard Street Driveway BP stated that Dan Proctor has been contracted to construct the driveway. ❖ Timber Sales – N/A ❖ Conservation Land Improvements – N/A ===PAGE 6=== Committee Reports – Any Update ❖ BP stated that Adam Burney relayed a complaint regarding siltation by Thopson Harbor Road. BP stated he would follow up. ❖ BP stated Adam Burney issued three emergency certifications which included a split tree on Townsend Harbor Road and spillway repair of a pond north of White Street. ❖ BP advised there was an invoice from Home Depot regarding plywood bought for repairs on Hollis Road. BP stated increasing the purchase order by $225 would suffice to pay the invoice. BP/MW M/S to increase purchase order amount by $255 to pay Home Depot invoice for plywood. Roll call vote, unanimously approved. Communications/Public Comment ❖ No public communications or comments. Meeting Adjourned – 8:28 PM ❖ CS/BP M/S to adjourn the meeting. Roll call vote, unanimously adjourned. Adjourn 8:28 PM Meeting schedule: Next meeting is August 16th, 2023 at 7:00 PM by Zoom platform ======================================================================================== DOCUMENT : 2023-08-16-agenda-362.txt BOARD : conservation-commission DATE : 2023-08-16 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2023-08-16-agenda-362.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_08162023-362 ======================================================================================== ===PAGE 1=== Town of Lunenburg Conservation Commission Mary Wilson, Chair Tel: (978) 582-4146 Bob Pease, Vice Chair Richard Tremblay, Clerk 960 Massachusetts Ave. Richard Bursch Lunenburg, MA 01462 Jeffrey Viviano Ashleigh Denio Michael Larouche Conservation Assistant Chris St.Germain August 16, 2023 7:00 PM Agenda ZOOM REMOTE In accordance with the requirements of the Open Meetings Law, please be advised that this meeting is being Audio/Video Recorded. The agenda lists all the topics which may be discussed at the meeting and are those reasonably anticipated by the Chair. Votes may be taken as a result of these discussions. Not all items listed may in fact be discussed and other items not listed may also be brought up for discussion to the extent permitted by Open Meeting Law. Please address all comments to the chair. This meeting of the Conservation Commission will be held by Zoom at the Link provided on this notice. Join Zoom Meeting: https://us02web.zoom.us/j/9091740347 Meeting ID: 909 174 0347 Passcode: 860872 One Tap Mobile +13052241968,,9091740347# (US) 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: May 17, 2023 – June 7, 2023 – June 21, 2023 – July 5, 2023 – August 2, 2023 Appointments/Hearings – Begin at 7:00pm Discussion regarding tree removal within buffer zones – Sue and Gary Ropiak NEW PUBLIC HEARINGS Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Request for Determination of Applicability by Vasilios Halkiadakis for installation of stone trench and drainage pipe at 429-433 Electric Avenue. ===PAGE 2=== 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 Lunenburg Skate Park, Inc. for the proposed construction of a skate park and drainage basin at 100 Chestnut Street (DEP #208-1290). 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 Robert J. Correa for the Construction of a garage at 932 Flat Hill Road (DEP #208-1300). Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Request for Determination of Applicability by Michael Masciarelli for Tree Removal at 131 Island 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 Larry Coffren & Marsha Beers for the Relocation of an Existing Deck at 205 Sunset Lane (DEP #208-1299). Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on an Amended Order of Conditions by Nicholas Eaton for repair and construction of existing deck at 441 Townsend Harbor Road (DEP #208-1240). NEW BUSINESS: Topics unknown 48 hours in advance of meeting Open Meeting Law, Public Records Law, and Conflict of Interest YouTube Link - [https://youtu.be/AloTj0oKrDU?t=1983] - Barron v. Collenda Update on Timber Rights Fund OLD BUSINESS: Grant Application Proposals Update [Hickory Hills Well] 208 Northfield Road Mushroom Signs Update if any on encroachment issues at: 950 Chase Road 315 Lancaster Ave 26 Mulpus Road Hollis Road Residence: Update on maintenance work Pollinator Habitat Open House Update Painting Quote Administrative Determination: Extension Request Permits: Certificates of Compliance: 43 Summer Street 386 Sunset Lane 54 Pine Acres Road 475 Leominster-Shirley Road ===PAGE 3=== Deterred Due to Office Staff Shortage: 238 Fire Road 16 40 Brookview Terrace Notice of Project Change: ENFORCEMENT: Violations (Enforcement Actions and Hearings) NON 205 Sunset, Beers lot Town Beach Erosion 143 Island Road Emergency Certification 338W Townsend Harbor Road 164 White Street 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 September 6, 2023 at 7:00 PM by Zoom platform ======================================================================================== DOCUMENT : 2023-08-16-minutes-362.txt BOARD : conservation-commission DATE : 2023-08-16 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2023-08-16-minutes-362.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_08162023-362 ======================================================================================== ===PAGE 1=== Town of Lunenburg Conservation Commission   Mary Wilson, Chair Tel: (978)582-4146 Bob Pease, Vice Chair 960 Massachusetts Ave Rich Tremblay, Clerk Lunenburg, MA 01462 R i c h a r d B u r s c h Ashleigh Denio J e f f r e y V i v i a n o Conservation Assistant Michael Larouche Chris St. Germain   August 16, 2023, 7:00PM, ZOOM REMOTE Minutes Roll Call: Rich T., Bob P., Mike L., Chris S., and Mary W. Absent: Rich B., Jeff V . Call to Order at 7pm Announcements/Public Comment – Peter Cowley (72 Peninsula Dr.) – stated he submitted an application to do a guided Owl Prowl walk to look for owls at the Lane property. Mary noted that they received the application. There is no charge but will accept donations. Peter clarified they will not use electronic owl calls – just participants doing calls. Motion: Bob P., Second: Mike L. To approve the Owl Prowl at the Lane property. Roll Call was unanimous to approve. Butch & Joanne Magurn (238 Fire Road 16)—noted they are on the agenda under “deterred due to office staff shortage” for a Certificate of Compliance to close out an Order of Conditions. Mary stated that they cannot address it tonight because they do not have administrative staff to walk the property. Butch noted that Nadia had okayed it last year and the state had looked at it. Minutes of previous meetings – 5/17/23 Motion: Bob P., Second: Rich T. To approve the 5/17/23 minutes. Roll Call Vote: Rich T., Bob P., Mike L and Mary W. -all aye, Chris-abstained. Appointment-Sue and Gary Ropiak regarding tree removal within buffer zones – tabled --no one present. NEW PUBLIC HEARINGS Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Request for Determination of Applicability by Vasilios Halkiadakis for installation of stone trench and drainage pipe at 429-433 Electric Avenue. Greg Roy (Dillis & Roy), representing the applicant, stated they were having issues with groundwater seepage in the Lunenburg Liquor store. Mary screen-shared the site plan. They are proposing installing a foundation drain of a stone trench with 6” PVC pipe going to the wetland. The job will take 2-3 days and will use erosion controls, rip-rap and overseed with conservation seed mix. The rest of the work will take place in the pavement and no trees will be removed. Rich B. and Mike did a site visit and shared photos. Motion: Bob P., Second: Mike L. To issue a negative determination for this RDA. Roll Call Vote was unanimous to approve. CONTINUED PUBLIC HEARINGS ===PAGE 2=== Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Notice of Intent by Lunenburg Skate Park, Inc. for the proposed construction of a skate park and drainage basin at 100 Chestnut Street (DEP #208-1290). Greg Roy (Dillis & Roy), representing the applicant, screen-shared the site plan and noted he talked to Matt Marro regarding the limit of the wetland. Matt flagged the area and he believes it is only jurisdictional under local bylaws. They filed with DEP and the area will be 3,014 sq ft. The skate park was relocated to align with the Park’s master plan and have tightened the area to save the removal of 8 hardwood trees. There is no alternation within the 30’ and will remove a few trees between the 30’ & 50’. As mitigation, 5 new trees will be planted along the edge of the retention basin. Bob noted the DEP had extensive comments regarding stormwater and Greg replied the DEP made changes to the stormwater calculations but it is not a DEP issue in this part of the park. Motion: Mike L., Second: Rich B. To approve the Skate Park NOI as proposed. Roll Call Vote was 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 Robert J. Correa for the construction of a garage at 932 Flat Hill Road (DEP # 208-1300)- James Tetreault (Azimuth Land Design) screen-shared the 3rd version of the site plan for the proposed construction of a garage to the left of the existing house. He noted that all the property is on riverfront and the limit of the inner riparian zone runs through the house. They have moved the garage and are proposing mitigation per feedback from the Commission. The grading has been slightly changed to lessen alteration and have added proposed plantings behind the garage. An infiltration system will take run-off from the house and the new garage. They will take 5 trees down and plant 6 new trees as well as 11 shrubs. DEP had asked about the flood zone and James noted the 500 year flood line is at elevation 301, which is well back of the work area. James clarified that about 4,000 sq ft will be disturbed and Bob asked to add the floodplain on the map. James said they are asking to be permitted as a redevelopment project – not a pre-1996 lot. Ginny Albertson (50 Upland Ave.) asked James to substitute native shrubs, such as dogwood or spicebush for the butterfly bushes. James asked for a continuance to the next meeting. Motion: Chris S., Second: Rich T. To continue 932 Flat Hill Rd. hearing to 9/6/23. Roll Call Vote was 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 Request for Determination of Applicability by Michael Masciarelli for Tree Removal at 131 Island Road. – Michael screen-shared the site plan and noted the Commission asked for revisions at the 7/5/23 meeting. He will replant 5 trees (1 Maple, 2 Dogwood, & 2 Cherry) and add 34 shrubs. He clarified that the arborvitae shrubs will go along the property line and will not impact the power lines. Bob asked why they are being asked to replace trees that are not within the 30’ buffer and Mary replied the Wetlands Protection Act asks to protect the tree canopy within the 100’. Motion: Bob P., Second: Mike L. To issue a negative determination for the plan presented. Roll Call Vote was 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 an Amended Order of Conditions by Nicholas Easton for repair and construction of existing deck at 441 Townsend Harbor Road (DEP #208-1240). Bob stated that Rich B. asked Nick to come back with a new design, reconfiguring the deck so it would not extend into the resource area. Nick confirmed that the deck will be the same, cantilevered over the resource area but with the supporting posts out of the water. He said he could call the Commission when the deck was down but Bob replied that they do not do approvals in the field. They want to see a plan noting the piers, with an accurate reference to the high water mark and not overhang into the resource area. Nick noted that Dillis ===PAGE 3=== & Roy had said the plan was approved. Mary screen-shared the plan but all agreed it was not accurate. The Commission discussed the prior Order of Conditions and Nick noted that was for the house. Mike L. stated that the deck was not part of the original request. Motion: Rich T., Second: Mike L. To continue 441 Townsend Harbor Rd. hearing to 9/20/23. Roll Call Vote was 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 Larry Coffren and Marsha Beers for the Relocation of an Existing Deck at 205 Sunset Lane (DEP # 208-1299)- It appeared that no one was present and the Commission agreed to vote for a continuance. Motion: Mike L., Second: Chris S. To continue the hearing to 9/6/23. A roll call vote was started but held when the engineer was present. Seth Donohoe (Dillis & Roy) stated that the applicant was originally granted a Negative Determination of Applicability but there was a slight departure from what was approved. The biggest issue is the lower landing area overhangs the bank of the lake and the 2 supports touch the bottom of the lake. They are submitting an NOI to relocate the lower landing to the top of the bank. Seth screen-shared the site plan, showing the new location of the lower landing. He also noted that they will do a planting area on either side of the structure as mitigation. It will be a mix of lower story shrubs and seeded with a New England conservation mix. Bob added that the DEP did not have comments. Seth screen-shared the standalone as- built and Marsha Beers stated that they were regretful about what had happened. They will keep the existing deck and incorporate the mitigation. The lower deck is 8.5’ x 14’ and Seth said it will just slide up-gradient to the east. Mary stated they are not inclined to approve additional square footage, because they do not want to set a precedent. Marsha said that they did not understand that they had to come back if they were changing something. She noted there is erosion in that area and they want to preserve it. The Commission discussed and agreed to continue. Seth added that he will discuss other options with Marsha. Motion: Rich T., Second: Mike L. To continue hearing to 9/6/23. Roll Call Vote was unanimous to approve. Certificates of Compliance: 54 Pine Acres Road – Natt Dutton & Brandon Duchard (David E. Ross Associates). Natt noted this goes back to 1997 and Adam Burney had done a site walk. Mary read Adam’s report from 8/10/23 site visit in which he said the site was in compliance and he recommended issuing a Certificate of Compliance. Motion: Bob P., Second: Mike L. To approve the Certificate of Compliance for 54 Pine Acres Road. Roll Call Vote was unanimous to approve. 43 Summer Street – Ian Ainslie-- Adam Burney did a site visit on 8/23/23 to see the reconstructed parking area, noting it was in compliance and recommended issuing the Certificate of Compliance. Motion: Bob P., Second: Mike L. To approve the Certificate of Compliance for 43 Summer St. Roll Call Vote was unanimous to approve. 386 Sunset Lane – Mary read Adam Burney’s site visit report from 8/10 to check the patios with pavers and stated they were in compliance. He recommended issuing the Certificate of Compliance. Motion: Mike L., Second: Bob P. To approve the Certificate of Compliance for 386 Sunset Lane. Roll Call Vote: Mary W., Bob P., Mike L. and Chris S.- all aye. Rich T. abstained. ===PAGE 4=== 475 Leominster-Shirley Road- Mary read Adam Burney’s site visit report from 8/10 during which he observed the warehouse was constructed, the site stabilized, the stormwater facilities were in place and functioning. Jeff Walsh (Graves Engineering) also reviewed the site and stated it was in compliance with the plans. They recommended issuing a Certificate of Compliance. Motion: Mike L., Second: Chris S. To approve the Certificate of Compliance for 475 Leominster-Shirley Road. Roll Call Vote was unanimous to approve. NEW BUSINESS: Open Meeting Law, Public Records Law, and Conflict of Interest – Bob stated that the Supreme Court ruled that you cannot cut someone off during public Comment if they are rude and/or making wild comments because it is considered free speech. He added that you can limit it to 3 minutes and it has to go through the chair. Update on Timber Rights Fund –no update. PACC- Mary noted that Eric Foster said he can make videos for the Commission on rules, information, brochures, etc. Meeting with Select Board- Mary and Bob met with the Select Board to provide visibility to the Grant Award. Bob also did a press release and one to the Lunenburg Ledger. Bob received approval to proceed with litigation on the Chase Road Encroachment. They made the Select Board aware of issues with the staffing shortage in the office and Bob will be meeting with Julie about hiring a 10 hour temp to help out. They talked about salary and keeping the Chair involved. Emergency Certifications- Adam Burney issued 3 emergency orders and Bob counter-signed them. 338 W. Townsend Road – A tree split and was in danger of falling on a structure. Adam issued an emergency permit. 164 White St.- Rain had washed away the dam below the spillway and Adam Foster (owner) wanted to get it reinforced. 32 Hemlock Road – The DPW was given an emergency permit to make a gulley to redirect water. The DPW also completed a driveway apron. (Bob left the meeting.) OLD BUSINESS: Grant Application Proposals – no update Hickory Hills Well -208 Northfield Road – they are waiting for DPW comments. Mushrooms Signs – Mary stated that Bob talked to Town Counsel, who said it was okay if they want to add disclaimers. Discussion was tabled to the next meeting. Update if any on encroachment issues at: 950 Chase Road- Mary noted that Bob got permission to pursue litigation. 315 Lancaster Ave. & 26 Mulpus Road – no updates. Hollis Road Residence: Update on Maintenance Work- Mike talked to Chris Ruth and Nick Morrison about repainting the building and the trim. Nick quoted the trim painting at $4,800 and the rest of the house at $6,400. Chris R. suggested approving the trim paint now and do the rest of the house next year. The trim has been compromised and bare in spots. Motion: Mary W., Second: Rich T. To approve $4,800 for painting the trim. Roll Call Vote was unanimous to approve. ===PAGE 5=== Pollinator Habitat Open House Update- Mike reported that the Open House was success and he read several comments from attendees plus a list of pollinators spotted. He also removed a hornet’s nest from an apple tree, using the bag method – no spray. ENFORCEMENT: Violations (Enforcement Actions and Hearings) NON 205 Sunset (Beers lot)- (was discussed earlier in meeting.) Town Beach Erosion- Mary noted that with the intense rain and repaving of the road above the curb, there has been some erosion, which triggered a violation. However, the DPW was quick in responding by putting in a new curb to correct the problem. 143 Island Road – no update Motion: Mike L., Second: Chris S. To adjourn at 9:49pm. Roll Call Vote was unanimous to approve. Respectfully submitted, Jane Ranley Minutes Clerk ======================================================================================== DOCUMENT : 2023-09-06-agenda-315.txt BOARD : conservation-commission DATE : 2023-09-06 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2023-09-06-agenda-315.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_09062023-315 ======================================================================================== ===PAGE 1=== Town of Lunenburg Conservation Commission Mary Wilson, Chair Tel: (978) 582-4146 Bob Pease, Vice Chair Richard Tremblay, Clerk 960 Massachusetts Ave. Richard Bursch Lunenburg, MA 01462 Jeffrey Viviano Ashleigh Denio Michael Larouche Conservation Assistant Chris St.Germain September 6, 2023 7:00 PM Agenda ZOOM REMOTE In accordance with the requirements of the Open Meetings Law, please be advised that this meeting is being Audio/Video Recorded. The agenda lists all the topics which may be discussed at the meeting and are those reasonably anticipated by the Chair. Votes may be taken as a result of these discussions. Not all items listed may in fact be discussed and other items not listed may also be brought up for discussion to the extent permitted by Open Meeting Law. Please address all comments to the chair. This meeting of the Conservation Commission will be held by Zoom at the Link provided on this notice. Join Zoom Meeting: https://us02web.zoom.us/j/83903480895 Meeting ID: 839 3048 0895 Passcode: 860872 One Tap Mobile +16469313860,,83903480895# (US) 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: June 7, 2023 – June 21, 2023 – July 5, 2023 – August 2, 2023 Appointments/Hearings – Begin at 7:00pm Discussion regarding tree removal within buffer zones – Sue and Gary Ropiak 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 Martin and Patricia Lawlor for the proposed installation of a septic tank, leaching facility, and new retaining wall at 86 Oak Ridge Road (DEP #208- 1303). 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 Robert J. Correa for the Construction of a garage at 932 Flat Hill Road (DEP #208-1300). ===PAGE 2=== Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Notice of Intent by Larry Coffren & Marsha Beers for the Relocation of an Existing Deck at 205 Sunset Lane (DEP #208-1299). NEW BUSINESS: Topics unknown 48 hours in advance of meeting Update on Timber Rights Fund OLD BUSINESS: Grant Application Proposals Update [Hickory Hills Well] 208 Northfield Road Mushroom Signs Update if any on encroachment issues at: 950 Chase Road 315 Lancaster Avenue 26 Mulpus Road Hollis Road Residence: Update on Maintenance Work Administrative Determination: 73 Horizon Island Road Extension Request Permits: Certificates of Compliance: 40 Brookview Terrace Northfield Road Lot A 91 Lancaster Avenue Deterred Due to Office Staff Shortage: 238 Fire Road 16 Notice of Project Change: ENFORCEMENT: Violations (Enforcement Actions and Hearings): NON 205 Sunset, Beers lot 143 Island Road Emergency Certifications: Open Space and Land Use: Timber Sales Conservation Land Improvements Committee Reports – Any Update Communications/Public Comment Adjourn Meeting schedule: Next meeting is September 6, 2023 at 7:00 PM by Zoom platform ===PAGE 3=== ======================================================================================== DOCUMENT : 2023-09-06-minutes-315.txt BOARD : conservation-commission DATE : 2023-09-06 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2023-09-06-minutes-315.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_09062023-315 ======================================================================================== ===PAGE 1=== Town of Lunenburg Conservation Commission Mary Wilson, Chair Tel: (978)582-4146 Bob Pease, Vice Chair 960 Massachusetts Ave Rich Tremblay, Clerk Lunenburg, MA 01462 Richard Bursch Ashleigh Denio Jeffrey Viviano Conservation Assistant Michael Larouche Chris St. Germain September 6, 2023, 7:00PM, ZOOM REMOTE Minutes Roll Call: Rich T., Rich B., Jeff V ., Mike L., Chris S., Mary W., and Leah Grigorov (Interim Admin.) Absent: Bob P. Call to Order at 7pm Announcements/Public Comment - none Minutes of previous meetings – none reviewed. Appointment- for Sue and Gary Ropiak regarding tree removal within buffer zones – no one present and Ashleigh will contact them. 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 Martin and Patricia Lawlor for the proposed installation of a septic tank, leaching facility, and new retaining wall at 86 Oak Ridge Road (DEP #208- 1303). Jack Maloney (Dillis & Roy) screen-shared the site plan for the project which will be a singular septic with a distribution box to a 2 galley system, running under the driveway and grassy area. They currently have a cesspool, which is in failure, which will be pumped and crushed. They are proposing a new concrete block retaining wall at the same height as the current one. The DEP notes state the signature page was missing but Jack has sent it to them. Leah advised they issue a waiver for work within the 50’ no-build zone and request the wattles overlap at the ends of the rolls. Motion: Rich B., Second: Mike L. To approve the NOI with a waiver for work within the 50’ no-build zone and have the wattles overlap for better reinforcement. Roll Call Vote was unanimous to approve. Leah also asked Jack to have side to side erosion control and Jack agreed. 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 Robert J. Correa for the construction of a garage at 932 Flat Hill Road (DEP # 208-1300)- James Tetreault (Azimuth Land Design) screen-shared the site plan for the proposed construction of a garage to the left of the existing house. It was noted that the Catacoonamug Brook runs behind the structure on the back property line and the 100’ riparian zone line runs through the house. The proposed garage will be built over the existing grassy area and just over 4,000 sq ft will be diminished by the garage and driveway. As restoration, they will plant 95 shrubs and 8 trees for a total of 6,000 sq ft as noted on the plan. An infiltration system will handle runoff from the ===PAGE 2=== proposed garage and the house. Nothing will be done within the 50’ buffer. The Commission requested to note existing trees will remain, hydroseed with meadow or slope mix, add ground cover and put in stones to demarcate the area. Leah noted that the DEP stated the riverfront impact will exceed the permissible 10% and there needs to be a minimum of 100’ wide undisturbed area. Jack replied that was impossible since there is not 100’ to the lot and the garage cannot be located anywhere else, due to septic system. Motion: Rich B., Second: Rich T. To continue hearing to 9/20/23. Roll Call Vote was 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 Larry Coffren and Marsha Beers for the Relocation of an Existing Deck at 205 Sunset Lane (DEP # 208-1299)- There was a request from Dillis & Roy to continue to 10/4/23. Motion: Rich B., Second: Mike L. To continue hearing to 10/4/23. Roll Call Vote was unanimous to approve. OLD BUSINESS: Administrative Determination: 73 Horizon Island Rd. – no one in attendance and will be continued. Certificates of Compliance: 40 Brookview Terrace – Leah reported that she did a site visit and the erosion controls were in place. She recommended the Commission issue the COC. Motion: Chris S., Second: Jeff V. To issue a Certificate of Compliance to 40 Brookview Terrace. Roll Call Vote was unanimous to approve. Northfield Road, Lot A – Leah noted everything was in, stable and the erosion controls can come out. Justin LeClair (McCarty Engineering) confirmed the controls are now out. The Commission discussed the swale on the property and confirmed the COC letter was for the installation of a well. Justin screen-shared the plan and noted that 3 Oaks Environmental recertified the flagging and the ditch was not jurisdictional. The project was approved for an Order of Conditions for the well on Lot A only. The Commission discussed the swale and ditch and agreed to do more research. Motion: Chris S., Second: Rich B. To move for a continuance until they get a more definitive answer on the swale. Roll Call Vote was unanimous to approve. 91 Lancaster Avenue – Leah reported that she did a site visit and the site is stable, with grass growing. She advised the owners to cut open the erosion wattles, take the sock out and spread the material. Leah encouraged the Commission to issue the COC. Motion: Rich B., Second: Chris S. To approve the Certificate of Compliance for 91 Lancaster Avenue. Roll Call Vote was unanimous to approve. Leah will do another site visit to confirm any effect on the tree canopy. 238 Fire Road 16 – Mary stated this was deferred due to staff shortage. Leah noted that the DEP has issued their COC already and the Commission will need to close and issue a COC under the ByLaw. The Commissioners will do a site walk with Leah on 9/9/23. NEW BUSINESS: Topics unknown 48 hours in advance of meeting- none ===PAGE 3=== Update on Timber Rights Fund –none. OLD BUSINESS: Grant Application Proposals – Mary noted there are no updates for the parking lot project. The Lunenburg Snow Riders (LSR) have smaller projects they will do and some are on hold that are in the NHESP area. The application has been approved for building the Kiosk and for gravel at Cowdrey. Mushrooms Signs – Mary stated that Bob talked to Town Counsel, who said if they want to put disclaimers they can. It was suggested that the Commission consider writing guidelines on what people can post at the trail heads and Kiosks. Mary noted that the signs show photos of mushrooms and encourage people to see how many they can find. The Commission tabled a vote until they can view the verbiage on the signs. Update if any on encroachment issues at: 950 Chase Road- Mary noted that Bob got permission to pursue litigation. 315 Lancaster Ave. - Hollis Road Residence: Update – Painting, Trim- Mike reported that Nick Morrison began painting the trim work and replaced the sills on 3 windows. He also stated that the tenant, Corine Jones, notified him that someone had shot a bullet through her car and into the garage. The police were notified and will investigate. No one was home at the time of the shooting. ENFORCEMENT: Violations (Enforcement Actions and Hearings) NON 205 Sunset (Beers lot)- has been delayed. 143 Island Road – Leah reported that she met with the homeowners and the photos are on the Google Drive. There were trees down with cut marks on the bottom and put into a debris pile 25’ from the lake. She advised the homeowners to contact an arborist to make a plan for replantings and asked them to remove the debris. Any machinery needs to be on the hardscape. The Commission asked Leah to advise the homeowners that they need to file for a retroactive RDA. 10 Mass Ave- Leah stated that the GIS map does not show wetlands but they may be in the buffer zone. She noted that there is an intensive slope in the back and when they cleared at the top for the expansion project, they pushed everything down the slope. She gave a cease & desist letter, with no further work and told them to add straw wattles with silt fence at the bottom. Leah will do a site visit on 9/9. Public Comment: Jeff commented that the 8/17/22 minutes noted that the Commission voted to have Northfield Rd. Lot A place boulders in perpetuity along the limit of work along the side of the house. Motion: Rich B., Second: Mike L. To adjourn at 8:50pm. Roll Call Vote was unanimous to approve. Respectfully submitted, Jane Ranley Minutes Clerk ===PAGE 4=== ======================================================================================== DOCUMENT : 2023-09-20-agenda-339.txt BOARD : conservation-commission DATE : 2023-09-20 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2023-09-20-agenda-339.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_09202023-339 ======================================================================================== ===PAGE 1=== Town of Lunenburg Conservation Commission Mary Wilson, Chair Tel: (978) 582-4146 Bob Pease, Vice Chair Richard Tremblay, Clerk 960 Massachusetts Ave. Richard Bursch Lunenburg, MA 01462 Jeffrey Viviano Ashleigh Denio Michael Larouche Conservation Assistant Chris St.Germain September 20, 2023 7:00 PM Agenda ZOOM REMOTE In accordance with the requirements of the Open Meetings Law, please be advised that this meeting is being Audio/Video Recorded. The agenda lists all the topics which may be discussed at the meeting and are those reasonably anticipated by the Chair. Votes may be taken as a result of these discussions. Not all items listed may in fact be discussed and other items not listed may also be brought up for discussion to the extent permitted by Open Meeting Law. Please address all comments to the chair. This meeting of the Conservation Commission will be held by Zoom at the Link provided on this notice. Join Zoom Meeting: https://us02web.zoom.us/j/83903480895 Meeting ID: 839 3048 0895 Passcode: 860872 One Tap Mobile +16469313860,,83903480895# (US) 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: May 17, 2023 – June 7, 2023 – June 21, 2023 – July 5, 2023 – August 2, 2023 – August 16, 2023 Appointments/Hearings – Begin at 7:00pm 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 Peter and Lily Koronis for the demolition of existing dwelling and detached garage, and construction of a new single-family dwelling, driveway, and septic tank at 38 Oak Ridge Road (DEP #208-XXXX). ===PAGE 2=== Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Notice of Intent by Denise Charpentier for the removal of an existing dwelling and construction of a single-family dwelling at 6 Peninsula Drive (DEP #208-XXXX). 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 Robert J. Correa for the Construction of a garage at 932 Flat Hill Road (DEP #208-1300). Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on an Amended Order of Conditions by Nicholas Eaton for repair and construction of existing deck at 441 Townsend Harbor Road (DEP #208-1240). NEW BUSINESS: Topics unknown 48 hours in advance of meeting Update on Timber Rights Fund OLD BUSINESS: Grant Application Proposals Update [Hickory Hills Well] 208 Northfield Road Mushroom Signs Update if any on encroachment issues at: 950 Chase Road 315 Lancaster Ave 26 Mulpus Road Hollis Road Residence: Update on maintenance work Pollinator Habitat Open House Update Painting Quote Administrative Determination: 73 Horizon Island Road Extension Request Permits: 100 Summer Street 1387 & 1381 Massachusetts Ave Certificates of Compliance: Northfield Road Lot A Deterred Due to Office Staff Shortage: 238 Fire Road 16 Notice of Project Change: ENFORCEMENT: Violations (Enforcement Actions and Hearings) NON 205 Sunset, Beers lot ===PAGE 3=== Town Beach Erosion 143 Island Road 10 Massachusetts Avenue Emergency Certification 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 October 4, 2023 at 7:00 PM by Zoom platform ======================================================================================== DOCUMENT : 2023-09-20-minutes-339.txt BOARD : conservation-commission DATE : 2023-09-20 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2023-09-20-minutes-339.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_09202023-339 ======================================================================================== ===PAGE 1=== Town of Lunenburg Conservation Commission   Mary Wilson, Chair Tel: (978)582-4146 Bob Pease, Vice Chair Rich Tremblay, Clerk 960 Massachusetts Ave R i c h a r d B u r s c h Lunenburg, MA 01462 J e f f r e y V i v i a n o Ashleigh Denio Michael Larouche Conservation Assistant Chris St. Germain   September 20, 2023, 7:00PM, ZOOM REMOTE Minutes Roll Call: Mary W., Bob P., Rich T., Rich B., Mike L., Chris S. and Leah Grigorov (Administrator) Absent: Jeff V . Call to Order at 7pm Announcements Minutes of previous meetings – August 2, 2023 Motion: Bob P., Second: Mike L. To approve the minutes for August 2, 2023. Roll Call Vote was unanimous to approve. Leah noted that she has a working document in the google drive for the meeting minutes. She cautioned that if Commissioners make edits on the document that they are not communicating through it. Public Comment- Bob P. stated it is wonderful having Leah here. He has been loving her detailed and thorough reports/recommendations. Also the purpose of the quick notes is to advise Ashleigh as to what has to be sent out through DocuSign. Leah replied that she did them for the last meeting and had captured the motions, votes, discussions, and follow-ups. 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 Peter and Lily Koronis for the demolition of existing dwelling and detached garage, and construction of a new single-family dwelling, driveway, and septic tank at 38 Oak Ridge Road (DEP # 280-XXXX) – Ryan Proctor (Dillis & Roy), Peter and Lily Koronis – Ryan screen-shared the existing conditions plan for the property, showing the house partially within the 50’ buffer zone and a portion within the 30’ no-disturb buffer zone. There is also a garage which is mostly outside of the 100’ buffer and a shed. Currently the parking is near the garage and house is accessed by a series of walkways to get to the existing dwelling. The corner of the existing deck is 22’ from the high water mark on Lake Shirley. Ryan screen-shared the design plan and noted the owners have engaged ATA Construction to design a new home. The proposed new home will be moved quite a bit further away from the wetland than the existing dwelling. Ryan indicated the position of the existing and proposed house, with a elevated deck. Also the existing garage will be demolished and replaced with a new garage, along with a new paved driveway and access to the property. A new septic system is proposed which will be within the 100’buffer zone and they have submitted this to Nashoba Board of Health. Ryan has included an impervious area summary on the plan which shows a net decrease from the existing site. They will be going before the ZBA to get a special permit since it is a non-conforming lot. They do not have a DEP file number yet. Mary noted that the Commissioners did a site visit and she asked Ryan which trees will be going and which are staying. Ryan pointed out the trees to be removed, ===PAGE 2=== which are mostly pines with 1 dead. He added that there will be an area next to the proposed house which will be disturbed but will be a good area for mitigation plantings. Ryan drew in the 30’ and 50’ buffer lines. Mary asked Ryan to provide a schedule of proposed plantings. Rich T. inquired for the location of the existing septic and Ryan will have that info for the next meeting. Rich asked about the proposed deck that will be located where the existing deck is located. Ryan replied the new deck will be where the old existing house is located and it will be completely outside of the 30’ no-touch. Rich B. asked if there will be any work within the 30’ no-touch zone and Ryan replied just the removal of the existing house. Any walkways and walls within the 30’zone will be remaining. Rich B. asked for an estimate of how much fill will come off for the re-grade and Ryan will bring that information to the next meeting. He added that there is an esker on the upper portion of the site that they are proposing to remove and the owners are speaking to the neighbor to the south due to it being partially on their property. They will extend the erosion control barrier out around the limit of work. Rich B. asked to see a view of the site showing the change in grades. Ryan stated the proposed walkout slab will be at 305’ and the existing was 309’. Leah asked Ryan if he has a signature page for the WPA3 form with the neighbor’s signature and Ryan said he will obtain one. She also asked Ryan to note on the revised plans that the erosion control will be silt fencing and wattles, along with a detail. Bob P. asked Ryan to identify the 7 trees to be removed and asked to see a schedule of new trees on the plan. Rich B. asked to have a more detailed plan for the work involving the neighbor’s property. Mary stated that the following tasks for Ryan: proposed replantings schedule including trees, before & after elevations without house, broaden view to show work on adjacent property, signature form for work on neighbor’s property, update erosion control to include wattle and silt fence, update NOI to show 2 parcels included in proposed work, and schedule of fill to be taken out. Motion: Rich B., Second: Rich T. To continue the hearing to 10/4/23. Roll Call Vote was unanimous to approve. Bob asked Ryan when he would be going to the ZBA and Board of Health. Ryan replied the ZBA meeting is 9/27, they have submitted to the Board of Health and waiting for an initial review from Jim Gareffi. 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 Denise Charpentier for the removal of an existing dwelling and construction of a single-family dwelling at 6 Peninsula Drive (DEP # 208-XXXX)- Ryan Proctor (Dillis & Roy) and Denise Charpentier – Ryan screen-shared the site plan for the project and noted the new dwelling will be constructed in the same space as the existing dwelling which will be torn down. The construction of the dwelling will be partially in the buffer zone, but the new septic system will be outside of the 100’ buffer. The new deck will be in the same position as the old one, which is within the 50’ buffer zone but nothing will be done closer to the edge of Hickory Hills lake. They will keep the existing paved driveway but modify it near the garage to give turnaround space. There will be an increase in impervious area within the buffer zone but they will be installing a roof infiltration system under part of the driveway as mitigation. Also there will be stone recharge trenches along the house and driveway. They are proposing removing 4 trees- 2 on the property and 2 on the abutting property, owned by the applicant’s brother, who has granted permission to take the trees down. His letter was included in the Notice of Intent package. For mitigation, the site plan shows a few areas of proposed landscape plantings and Ryan will submit the plan for the shrubs/trees at the next hearing. They are also proposing an open joint fieldstone patio to replace the existing sand area which gives access to the existing dock. Ryan noted that they go before the ZBA on 9/27/23 for a special permit and have submitted to the Board of Health. There is no variance required as the septic system is fully compliant. Ryan indicated the flood elevation line and the impervious area summary on the plan. Mary asked to have some trees added in the replanting schedule. Ryan noted the increase in impervious area will be between the 50’ and 100’ due to the new dwelling construction. Bob P. asked about the impervious building figure within the 50’ and Ryan ===PAGE 3=== clarified that it will be just the replacement deck which will be the same size as the existing one. Bob also asked for clarification on the new patio where the sand area currently is and Ryan stated it will be pervious with open-joint fieldstone, using grass or gravel in between. Mary asked to add semi-pervious area to the impervious area table. Leah asked to have the neighbor’s property reflected on the WPA3 form and a detail of the straw wattle/silt fence added. She asked Ryan if the erosion control could be underwater during construction and Ryan replied he did not anticipate that happening but would modify the barrier if necessary. Leah suggested putting a row of erosion controls beyond the 30’ closer to the work area and add the barrier near the water when constructing the fieldstone patio. She also asked to have the work on the patio reflected on the WPA form since it is within the 100 year flood and on the bank. Rich B. asked for elevation of the flood plain and Ryan replied 370.6’. The elevation for the sand area is 369.8 (lower portion) and 370.8’ at the top. Bob P. suggested having the work on the patio be done during the lake draw-down as a condition. Denise Charpentier stated that she has lived in the house for 60 years and the water never came close to the high water mark. Matt Charpentier noted that the sand area is boarded on all sides and not a sand beach. Motion: Bob P., Second: Mike L. To continue the hearing to 10/4/23. Roll Call Vote was 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 hearing on a Notice of Intent by Robert J. Correa for the Construction of a garage at 932 Flat Hill Road (DEP # 208-1300) – James Tetreault screen-shared the revised site plan with notes added from the previous hearing. He noted that no additional trees will be removed outside of the work area, ground cover will be revegetated with combination of bark mulch, leaf litter and 4# of wetland/wildlife seed mix and a line of stones to demarcate the revegetated areas. James noted that about 5 trees will be cut at the front left corner of the proposed garage but he did not have an exact location of those trees. Mary stated that she would like to know exactly what they are permitting them to cut and James replied he had not understood that request. He noted that 4,032 sq ft of area will be degraded by the construction and 6,100 sq ft that will be revegetated by 8 trees, shrubs, and bark mulch. Rich T. asked how many trees in that work area could be subject to coming down. James replied that just the 5 but there will be some minor grading under the tree canopy which is beyond the limit of work and noted on the site plan. One area of low vegetation will be made into lawn. Robert Correa (property owner) stated that there are 2 or 3 trees at the corner of the proposed garage, 2 in the corner of the building and 1 in the driveway area near the 316’ mark, so there will be 5 or 6 trees to come down. Leah talked to Kimberly Roth (DEP) who told her that if the project was more than 10% of alteration in the riverfront area, there should be a 100’ corridor of undisturbed vegetation or to the maximum extent possible. She suggested the Commission consider whether the applicant has done everything possible to have as much of a vegetated corridor as possible. Mary noted that there will be a net gain of about 2,100 sq ft of naturalized area that was not there before. James also noted that they will be getting infiltration for runoff from the garage and the house, where there was none before. Leah asked James to update on the WAP form the amount of planting area. She noted that the DEP considers plantings as temporary alteration but not degradation. Leah also asked for the updated plan (9/13/23) with the new notes and updated WPA form. James confirmed that the erosion barrier will be straw wattle and silt fencing. Bob asked if the alternative analysis was submitted and James said it was. There were 8 properties for sale and several were larger ones, possibly for subdivision, with one with wetland impact but they were more expensive than the additional parcel Mr. Correa has no work in. Bob noted that Leah requested the final OOC not be issued until a final plan has been submitted and received by the administrator. Leah stated they could close the issue and distribute pending the receipt of the WPA form. ===PAGE 4=== Motion: Rich B., Second: Bob P. To approve the NOI for 932 Flat Hill Rd. and hold the approval paperwork until the office receives the documentation requested. Roll Call Vote was 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 an Amended Order of Conditions by Nicholas Eaton for repair and construction of existing deck at 441 Townsend Harbor Road (DEP # 208-1240)- Mary noted that Nick was not present and asked for a motion to continue. Motion: Mike L., Second: Rich B. To continue the hearing to 10/4/23. Roll Call Vote was unanimous to approve. Mary asked Leah to have Ashleigh contact Nick to be on the next agenda. Certificate of Compliance: 238 Fire Road 16 – Butch & JoAnne Magurn – Leah reported that she did a site visit and met with the Magurns to look at the property. She noted that the site was stable, all the grass was at a mowerable height, the erosion controls had been removed, and the area for the compensatory flood storage was stabilized and established. The homeowner mentioned he lost 1 tree for mitigation plantings and replaced it. That tree is doing well and they have been in for 2 full growing seasons. DEP didn’t have any concerns with closing. Leah recommended the Commission close and issue a certificate. Motion: Bob P., Second: Rich T To approve the Order of Conditions for this property. Roll Call Vote was unanimous to approve. NEW BUSINESS: Topics unknown 48 hours in advance of meeting – Leah reported that she had 2 updates. She will not be able to do site visits because she is moving to Amherst at the end of the week but she can still help out virtually. She noted that Commissioners can take pictures when they do a site visit and send them to her to add to the file. With new filings, she will look at aerials shots and they can also contact Adam. 39 Island Road - Leah stated that she was notified for a potential enforcement issue for 39 Island Road and screen-shared pictures of their excavation for a replacement of a retaining wall. They had put straw bales out and there were cattails on the other side of them. They did not know about the wetlands regulations and Leah estimated the work is within the 50’ but outside the 30’. She met with the homeowner and told him he would need to cease and desist with the work. She will write out an enforcement order and put it on the October agenda for the Commission to ratify. She will sign the cease and desist order which will state the homeowner will have to stop all work until a Notice of Intent has been filed. The homeowner was concerned about the work near the foundation and Leah will note that he can work in a 6’ area to stabilize near the house. She encouraged him to hire someone to do the wetlands work. Previously there were wooden railroad ties there and they planned on putting down pea stone, with a new retaining wall on it. Bob asked if the work is on their property or the Lakes? Leah said they fully believe it is on their property and someone from the Homeowners Association has been in contact with them. Leah will also tell them to make sure they are in compliance with the Homeowners Association as well. Rich B. asked how tall the wall is and Leah responded that she did not know but thinks the homeowners graded down and plan to lay the pea stone over it. They will back fill and whatever they don’t use will be taken off site. Leah will ask about the height of the wall and it will need to be noted on the NOI. Rich B. asked if they need a building permit for the wall and Leah will check with the Building Department. Mary said she found a photo on Zillow that shows a 3’-4’ wall. Bob stated that it looks like they want to change the grade which is a regulated activity. Leah gave the homeowners suggestions for ===PAGE 5=== hiring someone for the project. Bob noted that the lakefront land on this lot is owned by Hickory Hills Landowners Inc. and they will need permission from HHL. Leah screen-shared the GIS map for the property and said the work appears to be on the homeowners property, but she will note the issue in her email. Update on Timber Rights Fund – no update. Update on Shawn Kelly Estate – Bob P. stated the court approved that the Estate can send the town the check for the bulk of the estate and it should be arriving in a week or so. Mary asked how they will keep track of those funds. Bob replied that someone needs to set it up in an account so it will be tracked in Munis and they can request a report. Bob said he will also keep track of it and any time they want to spend any of the money, they will need to go through the Select Board. OLD BUSINESS: Grant Application Proposals Update: Mary reported that the LSR Grant has been approved by NHESP and the Snow Riders are starting their fall trail work. Bob noted the Kiosk material can be purchased at Maki’s using the existing PO. Mary stated one of the proposals was grant budget support to purchase the gravel to top the existing Cowdrey parking areas on 2A and Mulpus. She has the figures for amounts and can get quotes. Bob suggested Powell and Mary noted there are people in the snowmobile community that are that business too. Bob advised Mary to talk to Julie Belliveau (Procurement). [Hickory Hills Well] 208 Northfield Road- Mary reported that an appeal had been submitted by the Woodlands to DEP, who did a site walk. They have approved the project and have upheld the decision by the Commission. A copy was sent to the Water District and they can proceed with their project. Mushroom Signs – Bob noted the Commission asked him to get an opinion from the Town Attorney on whether they need a disclaimer on mushroom signs. The Commission discussed the legal opinion at a meeting without any resolution. He told the volunteer that made the signs that they could put them up and add a disclaimer later. Then he read in the meeting that he did not attend that the signs should not go up and he apologized for that. Mary noted the Commission wanted to see the signs before they approved it. Bob noted he had sent a picture of the sign that says” there are 25 mushrooms that can be found at Robbs Hill- can you find them all?” Mary mentioned she saw 1 of the signs at the Lane Property and it already states the disclaimer of “do not eat or touch mushrooms”. She noted that there is nothing in their bylaws that prohibits anyone from posting a sign. Motion: Bob P., Second: Chris S. To retroactively approve the signs Mary described as appearing at the Lane Property. Roll Call Vote was unanimous to approve. Update if any on encroachment issues at: 950 Chase Road – Bob met with Town Counsel who advised him that litigation can be lengthy and take 3 years to get on the court schedule, so he suggested they just be patient. 315 Lancaster Ave.- Bob said they told Anna previously that they were going to get a survey but the Commission has not heard from them. He suggested Adam or Ashleigh send an inquiry for an update. 26 Mulpus Road – Bob reported they sent a email that they were going to comply and he will take a look, as well take pictures. Hollis Road Residence: Update – Maintenance Work- Mike L. reported that Nick Morrison is continuing to paint and repair the trim work. He received an email from Chris Ruth (Facilities) who stated that the 2 windows in the attic needed to be replaced, which has been done. The original quote which was approved was $4,800 plus ===PAGE 6=== possibly a little extra. The windows last year were $14,764 plus the $4,800 plus a little extra will still be way below in the Hawes Fund for the project. Pollinator Habitat -Mike T. presented their proposal for fall plants for $221.43 and he asked the Commission to vote to approve. Mike read a list of the plants which will be purchased from Blue Stem Natives. Bob noted that the plant purchases come from the Hawes account. Motion: Rich B., Second: Mary W. To spend the amount of $221.43 for the new plantings for the Pollinator Habitat. Roll Call Vote was unanimous to approve. Mike L. reported that he has taken down 2 more hornet’s nest, which is 4 for the year. Administrative Determination: 73 Horizon Island Road – Bob noted the homeowners have a dead tree to take down. Leah looked at the tree and said it is in a landscaped bed between the house and the road. She saw no issue with taking it down. Motion: Bob P, Second: Mary W. To approve taking down the tree. Roll Call Vote was unanimous to approve. Extension Request Permits: 100 Summer Street- Leah read a letter from the engineer asking for a 3 year extension to 2/2027, to allow them to finish the work. Motion: Bob P., Second: Rich T. To approve the extension request. Roll Call Vote was unanimous to approve. 1387 & 1381 Mass Ave- Leah stated it was for a garage and a pool and the original extension would have expired 9/11/23 but with the Covid tolling, it is now 12/16/24. She said they may not realize they have the extra time. Bob noted that they started on the project a couple months ago. Mary suggested letting them know they can wait until the fall of 2024 because they may not need to extend. Motion: Bob P., Second: Mary W. That the applicant be advised that it does not expire until December 2024 and if they need an extension, to apply in the fall of 2024. Roll Call Vote was unanimous to approve. Notice of Project Change: Certificates of Compliance: Northfield Road Lot A - Leah reported that she spoke to the applicant’s representative and the issue was the special condition to place boulders along the boundary line. The applicant wants to come back in winter when they can put the boulders in on frozen ground. Leah told them to come back to the Commission once it is done and they will do a site visit to confirm it. ENFORCEMENT: Violations (Enforcement Actions and Hearings) NON 205 Sunset (Beers lot) – Mary noted this was delayed until October. Town Beach Erosion- Mary noted the violation was communicated to the Parks Department and a curb was installed quickly. Motion: Bob P., Second: Mike L. To formalize the closure of that enforcement. Roll Call Vote was unanimous to approve. ===PAGE 7=== 143 Island Road – Leah reported she did a site visit and told the homeowner that he should work with a landscaper to replace the 4 plantings that were removed. The Commission had shown interest in an after the fact RDA. Leah screen-shared photos of the replacement trees. She forwarded the RDA to Ashleigh who is working with the homeowner. Leah noted that the debris which was thrown into the 20’-30’ area has been removed. 10 Massachusetts Avenue – Leah did a site visit and screen-shared pictures. She noted the last time they looked at it, there was a lot of cut vegetation thrown down creating a berm. The erosion controls were not put in and she gave them a deadline of 9/27/23 to put them in. She told them to send pictures. She estimates they are 50’ away and not in the wetland. They asked what would happen if the erosion controls are not in place next week and Leah told them they could do an enforcement order, fines and require permits. One of the Commissioners will do a site visit to check. Leah noted that the property owner will be expanding in the back on the slope and will riprap the downward part of the slope. She would want them to leave the erosion controls in until the riprap is put in and stabilized. Mary suggested they apply for an RDA and Leah stated they should assume the work is being done in the buffer zone. Motion: Bob P., Second: Mary W. To ask 10 Mass Ave to file an RDA. Roll Call Vote was unanimous to approve. Emergency Certification: none Open Space and Land Use: Bob thanked John Jones for submitting his bird study and he will follow up with some questions about mowing the area between the parking lot and bridge. Rich Pierce hayed it in August and hoped to do a 2nd cut. He said a telephone pole bridge would not support farm equipment and suggested a culvert. Bob is going to go to take measurements. Public Comment: Bob thanked Leah for her comprehensive reports and great work. He asked if there are plans for someone to do site visits and Leah replied she will work with Adam on that. She will continue to do administrative items and the Assistant Town Manager will re-advertise for a full time administrator. Motion: Rich B., Second: Mike L. To Adjourn at 9:37pm. Roll Call Vote was unanimous to approve. Respectfully submitted, Jane L. Ranley Minutes Clerk ======================================================================================== DOCUMENT : 2023-10-04-agenda-6498.txt BOARD : conservation-commission DATE : 2023-10-04 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2023-10-04-agenda-6498.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_10042023-6498 ======================================================================================== ===PAGE 1=== Town of Lunenburg Conservation Commission Mary Wilson, Chair Tel: (978) 582-4146 Bob Pease, Vice Chair Richard Tremblay, Clerk 960 Massachusetts Ave. Richard Bursch Lunenburg, MA 01462 Jeffrey Viviano Ashleigh Denio Michael Larouche Conservation Assistant Chris St.Germain October 4, 2023 7:00 PM Agenda ZOOM REMOTE In accordance with the requirements of the Open Meetings Law, please be advised that this meeting is being Audio/Video Recorded. The agenda lists all the topics which may be discussed at the meeting and are those reasonably anticipated by the Chair. Votes may be taken as a result of these discussions. Not all items listed may in fact be discussed and other items not listed may also be brought up for discussion to the extent permitted by Open Meeting Law. Please address all comments to the chair. This meeting of the Conservation Commission will be held by Zoom at the Link provided on this notice. Join Zoom Meeting: https://us02web.zoom.us/j/83903480895 Meeting ID: 839 3048 0895 Passcode: 860872 One Tap Mobile +16469313860,,83903480895# (US) 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: May 17, 2023 – June 7, 2023 – June 21, 2023 – July 5, 2023 – August 16, 2023 – September 6, 2023 – September 20, 2023 Appointments/Hearings – Begin at 7:00pm NEW PUBLIC HEARINGS Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Request for Determination by A & M Construction Services for the construction of three residential homes with associated driveways, utilities, and rain gardens at 274 Prospect Street (DEP #208-XXXX) Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Request for Determination by Korina Veenstra for the placement of a 4’x16’ rolling dock at 19 Cliffview Terrace (DEP #208-XXXX). ===PAGE 2=== Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Notice of Intent by Thomas Crocker for the removal and reconstruction of a two-family home at 899 Flat Hill Road (DEP #208-XXXX). 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 Peter and Lily Koronis for the demolition of existing dwelling and detached garage, and construction of a new single-family dwelling, driveway, and septic tank at 38 Oak Ridge Road (DEP #208-1306). 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 Denise Charpentier for the removal of an existing dwelling and construction of a single-family dwelling at 6 Peninsula Drive (DEP #208- XXXX). 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 Larry Coffren & Marsha Beers for the Relocation of an Existing Deck at 205 Sunset Lane (DEP #208-1299). Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on an Amended Order of Conditions by Nicholas Eaton for repair and construction of existing deck at 441 Townsend Harbor Road (DEP #208-1240). NEW BUSINESS: Topics unknown 48 hours in advance of meeting Update on Timber Rights Fund Agenda Formats OLD BUSINESS: Update if any on encroachment issues at: 950 Chase Road 315 Lancaster Ave 26 Mulpus Road Hollis Road Residence: Update on maintenance work Painting, Trim Administrative Determination: Extension Request Permits: Certificates of Compliance: 4 Townsend Harbor Road 176 Elmwood Road Deterred Due to Office Staff Shortage: Notice of Project Change: ENFORCEMENT: Violations (Enforcement Actions and Hearings) NON 205 Sunset (Beers lot) ===PAGE 3=== 143 Island Road 10 Massachusetts Avenue 39 Island Road Emergency Certification Open Space and Land Use Grants Update (LCC sponsored, award year 2023) Grants Update (LSR sponsored, award year 2022) Timber Sales Conservation Land Improvements Committee Reports – Any Update Communications/Public Comment Adjourn *** Meeting schedule: Next meeting is October 18, 2023 at 7:00 PM by Zoom platform ***