# conservation-commission — 7 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 : 2023-10-04-minutes-6498.txt BOARD : conservation-commission DATE : 2023-10-04 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2023-10-04-minutes-6498.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_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, 7:00PM, ZOOM REMOTE Minutes Roll Call: Mary W., Rich T., Jeff V ., Mike L., and Rich B. Absent: Bob P. Call to Order at 7pm Announcements/Public Comment -none Minutes of previous meetings – on backlog due to staffing issues. 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) – Wesley Flis (Haley Ward), representing A & M, screen-shared the site plan for the property. They are proposing 3 ANR lots and pointed out that the majority of the work will be outside of the 100’ buffer zone. They are asking for a Request for Determination of Applicability for utility connections of water for 1 duplex and sewer hookup for the other 2 duplexes on Prospect St., which are in the 100’buffer zone. The other connections will be outside of the 100’ buffer. They will repair portions disturbed on Prospect St. and any utility trenches will be returned to grassy field condition. There will be erosion control along Prospect St. and Wes noted the stockpile areas with erosion control. Mary asked for details on the erosion control barrier. Wes replied there will be 9” straw wattles with a filter fence. Mary and Rich T. did a site visit and noted there were no trees on the property. Wes stated the property has been cleared previously and is mostly overgrown brush. Mary asked if there is a plan for getting rid of the Japanese Knotweed on the property and Wes replied the intent is to get rid of anything that is invasive. Mike L. asked where the rain gardens would be located and Wes pointed them out on the site plan. They will be located downstream from the driveways. Mike asked if they have a DEP number and Wes replied they do not get one for an RDA. Mary noted that was a typo on the agenda and should not be there. Motion: Jeff V ., Second: Mike L. To approve with a negative determination with a Standard Order of Conditions. 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 by Korina Veenstra for the placement of a 4’x16’ rolling dock at 19 Cliffview Terrace (DEP # 208-XXXX) -Korina Veenstra, representing herself, noted she lives on Hickory Hills Lake and they are looking to place a 4’x16’ rolling dock, sticking ===PAGE 2=== out into the lake from their shoreline. Mary stated she did a site visit with Rich T. and she did not have any questions. Korina noted she had consent from the Hickory Hills Landowners Association, which was contingent on LCC approval. Rich T. added that the dock addition will not require taking any trees down and there will be very little disturbance. Mary screen-shared photos of the site where the dock will go in. Motion: Rich T., Second: Jeff V . To approve with a negative determination with a Standard Order of Conditions. Roll Call Vote was unanimous to approve. Korina asked if she would receive any paperwork and Mary replied she would from the office in a week or two, but noted the office is severely understaffed. If she does not receive any documentation, she can contact Mary. 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 # 208-1307)- Jack Maloney (Dillis & Roy) and Thomas Crocker were present. Jack pointed out he made a typo on the Notice and verified it is a 2 Bedroom house – not a 2-family. He said that the existing 2 bedroom home will be taken down and some of the foundation walls will be re-built, in the same spot, with the same dimensions. They are taking the old house down because the building inspector wanted some of the foundation walls rebuilt, which are cinder block and fieldstone. Greg Roy (Dillis & Roy) screen-shared the site plan and Jack noted there will be no other site work done other than the removal and rebuilding of the house. The new house will have a second story to move the bedrooms upstairs and give more living space on the 1st floor. They are proposing erosion control of straw wattles with overlaps. Jack pointed out the 50’ and 100’ buffers and noted the 100’ buffer goes through the back of the house. There will be no regrading. Jack stated the DEP number is #208-1307 and the DEP had only 1 comment about the replacement of the foundation walls. Mary asked to add silt fencing to the straw wattles. Mike L. asked if they will be removing the existing deck and replacing it with a new deck. Jack replied that the new deck will be the same size and placed on Sonotubes like the old deck. Motion: Jeff V ., Second: Mike L. To approve this NOI, with DEP # 208-1307, with the addition of silt fencing to the straw wattles. 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 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) – Ryan Proctor (Dillis & Roy), Peter and Lily Koronis were in attendance. Ryan screen-shared the site plan, noting this is a tear down and rebuild of a 2 bedroom dwelling. Since the hearing 2 weeks prior, they have received the file number from the DEP with a few comments. Ryan said that he has submitted a cover letter with the plan changes addressing the Commission’s and DEP comments. Per the Commission, Ryan has added silt fencing to the straw wattles on the plan and has circled in red all the trees to be removed. In addition, he pointed out 2 proposed areas for mitigation – 1 near the existing sheds and a larger area in the footprint of the existing house. They will be removing mostly pine trees and are proposing replanting with 12 low bush blueberries, 4 dogwood and 3 red maples for shade. A grading plan was also requested so Ryan has added a color Cut-Fill plan for the gravel esker they are removing, to level the site for the new home. They have also supplied a revised WPA3 form with the signature of the abutter. They will work from the bottom of the area out and stockpiled material will be outside of the 100’ buffer wherever possible. Ryan noted DEP commented that ===PAGE 3=== the Commission may want to know how work this close to the resource area could be performed while providing protection to the resource area in perpetuity. He stated the erosion barriers will stay in place during construction, there will be landscape mitigation areas for post construction and any other areas disturbed will be restored with 4” of loam and seed. Mary asked about the location of the stockpile areas and Ryan replied they will be near the buildings. Mary noted DEP was looking for additional silt control near the stockpile areas and Ryan said they will add that. There are 9 trees to be removed, including a dead pine tree and will replace them with 7 trees. Three pine trees are within the 30’ and 3 within the 50’ buffer zone. Ryan pointed out the location for the replacement trees and bushes. Mary noted that trees removed from within the 30’, need to be replaced 2:1 back in the 30’ zone. Jeff V . agreed the trees should be replaced back in the 30’ and would like to see maples and oaks, instead of the dogwoods. Rich B. asked if Ryan could look at changing out the dogwoods and Ryan replied he would talk to the homeowners. Jeff added that red pines appear to be native on the lake and suggested adding some. Mary thanked Ryan for the updated plan with more details and asked him to update the plan with the changes to the replacement trees. Ryan asked to continue the hearing to 10/18 and he will get them a revised landscaping plan in a week. Motion: Jeff V ., Second: Mike L. To continue the hearing to 10/18/23. 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 Denise Charpentier for the removal of an existing dwelling and construction of a new single-family dwelling at 6 Peninsula Drive (DEP # 208- XXXX)- Ryan Proctor (Dillis & Roy), representing the applicant who is also present, screen-shared the site plan for the proposed tear-down of the existing structure and construction of a single family dwelling. They have received a DEP file number of #208-1305 and Ryan pointed out the changes made to the site plan. He noted 4 trees will be coming down- 2 of which are on the abutting property and they are all outside of the 50’ buffer. They are proposing replacement with 3 paper birch trees along the property line. Also they will add a landscape area within the 30’ zone with 3 Rhododendron and 1 trumpet honeysuckle. Ryan has added a table stating the building areas in the buffer zones. There will be 132 sq.ft. in the 30’- 50’ buffer zones for the proposed deck which is the same as the existing deck. They have added the silt fencing to the wattles as requested by the Commission. Ryan has submitted a WPA3 form with the abutter’s signature as requested by the DEP, along with a letter of support from the abutter. The work area will be slightly in a floodplain and they noted on the WPA3 form that they are not changing the existing grade or filling in the floodplain. Ryan stated the applicant is working on obtaining a new deed for the property so she and her husband can take ownership from her deceased parents. Ryan screen-shared photos of the sand box which will be replaced with a flagstone patio, the 3 trees to be removed from the property line that will be replaced by the birches, the trees that will remain and the location of the proposed landscaped area. The applicant is proposing to construct a privacy fence along the property line to the south. There is a row of vegetation adjacent to the other tree that they want to take down and will be mitigated by the proposed landscape area. They also have a letter of support from the abutter for the project. Mary asked to review the Landcover summary within the buffer zone and the tree replacement. She noted there will be a lot of tree removal on the property to add the septic system which is outside of the Commission’s jurisdiction. Mary questioned whether the landscaped area would adequately compensate for the big tree and the 50’ vegetation strip being removed. Ryan replied that it is a crowded site and there is quite a bit of over story cover. Rich T. asked why the tree near the house needed to be removed. Ryan replied that one of the 3 trunks would be leaning over the house and might fall plus there could be root damage to the tree during foundation work. The 2 trees on the abutter’s property will be removed because a limb already fell and the roots may also be damaged during site work. Ryan confirmed ===PAGE 4=== that the foliage on the bottom fence line is hemlock. Jeff V . asked about the fieldstone patio and Ryan said it would be level, open joint and semi-pervious. Also a walkway in similar material will be put along the side of the new home. Mary stated that she would like to have the 4 removed trees replaced with 4 new trees and any area around the flagstone patio should be loamed and seeded. Rich B. asked to see pictures of the shoreline and asked to have some low vegetation added there along with some flagstones in place of the carpet presently there. He also asked if they could get a narrative on the construction of the patio and if the other trees on the property are healthy. Ryan agreed to the narrative and stated the trees are healthy as far as he knows. The Commission asked Ryan to add the additional information to his plan and Ryan replied he can do so for the next meeting. Tom Charpentier (abutter) noted that one of the trees they are taking down has some large holes from a Pileated Woodpecker, indicating some insect activity in the tree. Motion: Rich B., Second: Jeff V . To continue the hearing to 10/18/23. 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 an Amended Order of Conditions by Nicholas Eaton for repair and construction of existing deck at 441 Townsend Harbor Road (DEP # 208-1240)- No one present for this hearing and Commission agreed to continue it. Motion: Rich B., Second: Jeff V . To continue the hearing to 10/18/23. 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 & Marsha Beers for the Relocation of an Existing Deck at 205 Sunset Lane (DEP # 208-1299)- Greg Roy (Dillis & Roy), representing the applicant who is also on the call, screen-shared the site plan. He said that at the previous hearing, the Commission was not looking favorably at the proposed mitigation package which was an attempt to keep the lower landing. They have worked with the applicant and the new plan shows a reduced landing (4’x8’), which is similar to area previously approved. They will overseed the existing dock storage area with a conservation wildlife seed mix that will grow during the spring and summer when the dock is not there. Rich T. asked how large the existing landing is compared to the proposed one. Greg replied the existing one is about 155 sq.ft and the proposed one is 32 sq.ft., with the same type of construction that is there now. Mike asked if the supports would be in or out of the water and Greg replied they would be out of the water. There will be Sonotubes with no work in the resource area. Mike asked about seeding the area and Greg said they usually seed up to October 15th but it is dependent on the weather. Mary asked Marsha about the dock and she stated it is still in the water. She will need to find out when FW Docks would be coming to take the dock out. Jeff inquired when the lower landing will be built. Marsha said they have not hired anyone yet and were waiting to see if the Commission would approve it. Mary stated she would like a note added on the footing of the new landing. Rich suggested putting a date of March 15th for the removal of the pilings and existing deck before the water level comes back up. Marsha suggested they could dismantle the lower section now and wait until spring to do the construction. Rich said the pilings on the existing deck need to be removed during the low water time since this was a violation. Also, he suggested putting erosion control while taking it apart. Greg noted the existing landing is on rocks -not on Sonotubes and the new landing would also be put on blocks. He asked if the Commission would have an issue if the Building Commissioner said they would need to put the new landing on Sonotubes. Mike said he would acquiesce to the Building Commissioner as to the best way to secure that deck. Marsha said the past Commission approved the project with nothing in the ground and Rich B. agreed to that. Greg said they could stake it prior to constructing the new landing, to ===PAGE 5=== make sure it is in the correct position and the March 15th deadline would be good. Mary asked whether the Commission wanted to require the handrail and have it noted on the drawing. Marsha stated the handrail was not required but a recommendation from Bob to keep people off of the ground. The Commission discussed and agreed that the handrails are a good idea. Jeff questioned whether the railings on the north side would give access for storing the dock and other items. Mary summarized the conditions: 1. the deconstruction happens immediately and no later than the high water return in March 2024. 2. When reconstruction is getting planned, the new deck be marked out with proposed location and contact the Commission prior to rebuild. 3. Reseeding to happen in the fall. 4. Handrail on the south side. Motion: Jeff V ., Second: Rich B. To approve this NOI with the 4 conditions as previously outlined. Roll Call Vote: Rich T. -aye, Rich B.-no, Jeff V .-aye, Mike L.-aye, and Mary W.-aye. NEW BUSINESS: Topics unknown 48 hours in advance of meeting Update on Timber Rights Fund Agenda Formats – Mary suggested addressing the Enforcements and Certificates of Compliance first. Rich B. noted the agenda order is at the discretion of the chair and the rest of the Commission agreed. Also, Mary will work with Ashleigh to underline the addresses to make it easier to scan minutes and historical data. Rich B. noted in the drive the folders are being labeled with DEP numbers rather than addresses and that the Meeting ID was incorrect. Mary will note those items. Staff and Support – Mary reported that they are still looking for a full time administrator and the interim administrator has also resigned. Adam Burney (Land Agent) has resigned effective 10/13. Mary and Bob met with the Town Manager and Assistant Town Manager to ask about the short-term plan. The Assistant Town Manager is working on some temporary resources for getting meeting minutes caught up. They outlined the critical needs and brainstormed on solutions. They will reach out to other towns to see if there are conservation administrators that could use some extra hours. They got a referral from the new administrator in Groton who would like some more hours. Application Instructions and Guidelines – Mary reported that Bob is working on putting together application instructions and guidelines that Ashleigh could give to applicants for self-help. Certificates of Compliance: 4 Townsend Harbor Road – Jack Maloney (Dillis & Roy), Steven Petrazillo (owner) and Kelly Feehan (Realtor). Jack stated they were scheduled for tonight for their request of a Certificate of Compliance, which Jack filed under #208-1203. In 2020 there was an Order of Conditions issued by the Commission. A site plan had been done for Alan Dantonio by Engineering Design Consultants of Southboro. When Jack submitted the request for a COC, he also added photos of the site on 9/14/23. A new driveway and shed had been added according to the plan. The limit of clearing is now established lawn area as proposed. Rich B. asked if they submitted an as-built and Jack replied that they did not because the engineer’s plan did not have a benchmark, so they did not have anything to tie any grades to. Visually, the limit of clearing appears to be in the right location. Everything has been loamed and seeded and stabilized. Jack read the letter he submitted with the request for the COC. Rich B. stated he would be ok if Dillis & Roy supply a narrative that the project has been done in compliance with the Order of Conditions and the approved plan. Motion: Rich B., Second: Mike L. To approve the Certificate of Compliance, contingent upon Jack providing the extra certified language to his letter. Roll Call Vote was unanimous to approve. ===PAGE 6=== Mary asked Jack to email her when he provides the certified language. 176 Elmwood Road – no update. OLD BUSINESS: Update if any on encroachment issues at: no updates. 950 Chase Road 315 Lancaster Ave. 26 Mulpus Road Hollis Road Residence: Update – Maintenance Work- Mike spoke to Chris Ruth who said they have addressed the 2 attic windows that were omitted from the original window project. The front door overhang has considerable rot that needs to be addressed by Nick Morrison who is doing the painting of the trim. He also found some cedar siding in the garage and repaired the bullet hole. Right now, they are $3,300 above the quote of $4,800 for current total of $8,100. Mike noted also that the chimney flashing which was not installed properly and caused a leak. It is being worked on and everything else should be sealed up now. Mike added that Nick Morrison has been able to do the carpentry, painting, and chimney work. Mary asked if the $3,300 overage included the chimney flashing and Mike replied he did not think that was included. There is a $10,000 cap. Mike noted that they have discovered some jumping worms at the Pollinator Habitat. Mary said she read the jumping worms are replacing native worms and their castings are depletive of the nutrients our native plants need. Administrative Determination: Extension Request Permits: Notice of Project Change: ENFORCEMENT: Violations (Enforcement Actions and Hearings) NON 205 Sunset (Beers lot) – covered in continued hearings. 143 Island Road 10 Massachusetts Avenue- Mary noted that Bob visited the site a week after the last meeting to check if they had installed erosion barrier of straw wattle and silt fence per the interim administrator but found they had not. No one was on the property during his visit and Bob reported his findings to the office. 39 Island Road – Greg Roy (Dillis & Roy) reported that the owners have retained their firm to file a Notice of Intent for the construction of the proposed wall. They filed the NOI and hope to be on the next agenda. He is representing DJ and Christa Palma, the homeowners, and they contacted his firm within 24 hours of being contacted by the Commission. Emergency Certification: Open Space and Land Use: Grants Update (LCC sponsored, award year 2023) – no update Grants Update (LSR sponsored, award year 2022) – no update Timber Sales Conservation Land Improvements Committee Reports – no updates Communications and Public Comment: none ===PAGE 7=== Motion: Mike L., Second: Jeff V . To Adjourn at 9:43pm. Roll Call Vote was unanimous to approve. Respectfully Submitted, Jane Ranley Minutes Clerk ======================================================================================== DOCUMENT : 2023-10-18-agenda-447.txt BOARD : conservation-commission DATE : 2023-10-18 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2023-10-18-agenda-447.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_10182023-447 ======================================================================================== ===PAGE 1=== October18,20237:00PMAgendaZOOMREMOTE InaccordancewiththerequirementsoftheOpenMeetingsLaw,pleasebeadvisedthatthis meetingisbeingAudio/VideoRecorded.TheagendalistsallthetopicswhichmaybediscussedatthemeetingandarethosereasonablyanticipatedbytheChair.Votesmaybetakenasaresultofthesediscussions.NotallitemslistedmayinfactbediscussedandotheritemsnotlistedmayalsobebroughtupfordiscussiontotheextentpermittedbyOpenMeetingLaw.Pleaseaddressallcommentstothechair. ThismeetingoftheConservationCommissionwillbeheldbyZoomattheLinkprovidedonthisnotice. JoinZoomMeeting: https://us02web.zoom.us/j/83903480895MeetingID: 83930480895OneTapMobile+16469313860,,83903480895#(US) Passcode: 860872Phonecallersmayunmutebypressing*6 AGENDA Call toOrderAnnouncementsPublicComment: Commentsaretobelimitedto3minutesandonasubject matterunderthedirectjurisdictionof thecommission. Commentsabout current agendaitemsaretobemadeduringthecomment periodof thespecificagendaitem. Pleaseaddressall commentstotheChair. Minutesof previousmeetings: May17, 2023–June7, 2023–June21, 2023–July5, 2023–August16, 2023–September 6, 2023–September 20, 2023–October 4, 2023 Appointments/Hearings–Beginat 7:00pm NEWPUBLICHEARINGS Pursuant toMGLch131, s40asamendedandtheTownof LunenburgWetlandsProtectionandMunicipal BylawsapublichearingonanAbbreviatedNoticeof ResourceAreaDelineationbyKevinO’Brienat390HowardStreet(DEP#208-1304). MaryWilson, ChairBobPease, ViceChairRichardTremblay, ClerkRichardBurschJeffreyVivianoMichael LaroucheChrisSt. Germain Tel: (978) 582-4146 960MassachusettsAve.Lunenburg, MA01462AshleighDenioConservationAssistant Townof LunenburgConservationCommission ===PAGE 2=== Pursuant toMGLch131, s40asamendedandtheTownof LunenburgWetlandsProtectionandMunicipal BylawsapublichearingonaNoticeof Intent byJoanneHambergfortheinstallationofanewsepticsystemat201FireRoad#16(DEP#208-XXXX). Pursuant toMGLch131, s40asamendedandtheTownof LunenburgWetlandsProtectionandMunicipal BylawsapublichearingonaNoticeof Intent byRichardTrembleyfortheconstructionofareplacementseptictankat386SunsetLane(DEP#208-XXXX). Pursuant toMGLch131, s40asamendedandtheTownof LunenburgWetlandsProtectionandMunicipal BylawsapublichearingonaRequest for DeterminationbyMarioPatacchiolaforremovalofdecayingtreesat143IslandRoad. Pursuant toMGLch131, s40asamendedandtheTownof LunenburgWetlandsProtectionandMunicipal BylawsapublichearingonaRequest for DeterminationbyNashuaRiverWatershedAssociationforplantingof~24-30seedlingsanddribblebarat69BrookviewTerraceand233IslandRoad. CONTINUEDPUBLICHEARINGS Pursuant toMGLch131, s40asamendedandtheTownof LunenburgWetlandsProtectionandMunicipal BylawsapublichearingonaNoticeof Intent byPeter andLilyKoronisfor thedemolitionof existingdwellinganddetachedgarage, andconstructionof anewsingle-familydwelling, driveway,andseptictankat 38OakRidgeRoad(DEP#208-1306). Pursuant toMGLch131, s40asamendedandtheTownof LunenburgWetlandsProtectionandMunicipal BylawsapublichearingonaNoticeof Intent byDeniseCharpentierfortheremovalofanexistingdwellingandconstructionofasingle-familydwellingat6PeninsulaDrive(DEP#208-1305). Pursuant toMGLch131, s40asamendedandtheTownof LunenburgWetlandsProtectionandMunicipal BylawsapublichearingonanAmendedOrder of ConditionsbyNicholasEatonfor repairandconstructionof existingdeckat 441TownsendHarbor Road(DEP#208-1240). NEWBUSINESS:Topicsunknown48hoursinadvanceof meetingEarthRemoval Permit Reviewof 780NorthfieldRd.Update- HoldenwoodConservationLandProposalfor ConnectingTrailsat RobbHillApplicationInstructions/Guidelines ENFORCEMENT:Violations(Enforcement ActionsandHearings)390HowardStNON205Sunset (Beerslot)143IslandRoad10MassachusettsAvenue39IslandRoad OLDBUSINESS:UpdateonTimber RightsFundUpdateonShawnKellyEstate EmergencyCertification:OpenSpaceandLandUse:GrantsUpdate(LCCsponsored, awardyear 2023)GrantsUpdate(LSRsponsored, awardyear 2022)Timber SalesConservationLandImprovements Adjourn_:__Meetingschedule: Next meetingisOctoberNovember1, 2023at 7:00PMbyZoomplatform ===PAGE 3=== Updateif anyonencroachment issuesat:950ChaseRoad315Lancaster Avenue26MulpusRoad HollisRoadResidence:Update- MaintenanceWorkPainting, Trim AdministrativeDeterminations: ExtensionRequest Permits:351MassachusettsAvenue Noticeof Project Change: Certificatesof Compliance:176ElmwoodRoad CommitteeReports–AnyUpdate: Communications/PublicComment: DeterredDuetoOfficeStaff Shortage: Adjourn_:__Meetingschedule: Next meetingisOctoberNovember1, 2023at 7:00PMbyZoomplatform ======================================================================================== DOCUMENT : 2023-10-18-minutes-447.txt BOARD : conservation-commission DATE : 2023-10-18 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2023-10-18-minutes-447.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_10182023-447 ======================================================================================== ===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 18, 2023, 7:00PM, ZOOM REMOTE Minutes Roll Call: Bob P., Rich T., Rich B., Jeff V ., Mike L., Chris S., and Mary W. Call to Order at 7pm Announcements/Public Comment: Rich B. noted the meeting code for zoom is incorrect on the agenda. Mary read the correct code again. Minutes of previous meetings – Bob noted the May 17th minutes were not in the drive yet and suggested tabling them to next meeting. 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 Abbreviated Notice of Resource Area Delineation by Kevin O’Brien at 390 Howard Street (DEP #208-1304)- Matt Marro stated he was filling in for Haley Ward on this matter. Matt screen-shared the existing Wetlands Delineation Plan by Haley Ward and stated there was a prior NRAD issued by the Conservation Commission but it had expired. The applicant had all the prior flagging by Charles Caron Environmental rehung and submitted an application to have the wetlands recertified again. Mary and other Commissioners walked the site but did not see any flags. Matt asked the Commission to do another site walk and he will have Haley Ward hang the flags again. He noted there was a certification on the headwaters of the Mulpus as a perennial stream, but the applicant is not asking to do anything involving waterfront. He added that if it is proposed to do any construction within 200’ of the stream, it would be handled under a Notice of Intent, but that is not part of this. Mary said she did not see any silt fence, wattles or other erosion barriers and there were a lot of significant erosion issues out there. Matt replied he would talk to the applicant. Bob P. reported he went to the site with Mary and saw very significant erosion, where tons of dirt had been moved by water, forming gullies that were about 4’ deep. At that time they did not have a Conservation Administrator, so Bob contacted Mia McDonald at DEP for advice. Mia advised to rehang the flagging and ask for a 3rd party review of the wetlands. Bob noted the vegetation is gone, the topsoil has been stripped out in places, there are large piles of rocks from screening operations and soil is missing, possibly now offsite. Mary shared pictures of the erosion and large piles of soil with no erosion control. Rich B. asked if there was any erosion into the buffers or the wetlands. Bob replied he would need to see the original flagging but it looked that way to him. He added the applicant had built a berm along the entire western perimeter of the property and also along the eastern side preventing the water from leaving the property until it gets to a certain point. Bob stated the map shows a wetlands running through the western perimeter, so based on that, he would say there was erosion through the wetlands. They would need to confirm it when it is flagged again. Rich B. noted the aerials show quite a bit of work done in the last few years and he asked if an earth removal permit had filed for the property. Matt said he does not know and Bob added he had not seen any earth removal ===PAGE 2=== permits filed with the Select Board in the past 3 years. Matt said he will raise the issues of the flagging, erosion on dirt piles, erosion gullies, desire for 3rd party review and if there was an earth removal permit. The applicant will need to be provided a list of alternative 3rd parties for the review and the Commission will need to do another site walk. Rich B. asked for clarification on the flagging and Matt replied Chuck Caron did the original delineation, so his flags were survey located by Haley Ward (formerly Whitman & Bingham). Those flags were relocated by the surveyors and rehung. Matt is not aware of any review of the wetlands and any changes that may have taken place. Rich T. asked when they rehung the flags and Matt replied he estimated early summer. Mike L. asked if the DEP number is the original one and if there were any comments. Matt replied the old filing expired and this is a new file number. DEP commented that they wanted a report submitted on the flagging methods used. Matt read the DEP’s comments, in which they said they wanted the Commission and the applicant to know that area is part of an ACEC (area of Critical Environmental Concern). Anything that might affect the ACEC may require a MEPA filing or an ENF. Portions of the property are mapped as ORW (Outstanding Resource Waters) due to perennial streams and any proposed alterations would require other certifications. Bob confirmed with Jamie Rowe and Kevin O’Brien that they have permission to enter the property for site walks. Jamie confirmed the flags had been rehung but Bob stated there were no flags to be seen when they walked the property. Bob added that some of erosion they saw was not under the Commission’s jurisdiction but possibly under EPA for not stabilizing a construction site. Although the flags were not present, Bob stated it was a strong possibility soil was washed into the wetlands. Rich B. noted the original delineation was done in 2008. Public Comment – Eric Lahti, 833 New West Townsend Rd – stated he lives at the bottom of this mess. The brook on the west side feeds Pearl Hill Brook and has put silt into his pond, to the point the fish are dying. Eric noted he built 2 houses near here and had to put in a half mile of silt fence with hay bales, but Mr. O’Brien didn’t have to do anything. Rich B. asked if they should be acting on this quicker based on Eric’s comments on active erosion to wetlands. Mary noted the berm has failed and a lot of earth has gone through. Rich B. stated the applicant needs to deal with the erosion prior to their site visit. Eric Lahti offered to show the Commission how his pond water has changed from clear to murky and his neighbor has piles of silt that are 2’-3’ deep. Bob said he agrees they should not wait to address the siltation issue but they need to have the wetlands delineated. They should also visit Mr. Lahti’s and his neighbors’ properties. Motion: Bob P., Second: Rich B. To continue to the November 1st meeting. Roll Call Vote was unanimous to approve. Rich B. suggested contacting the Building Inspector over concerns about possible earth removal done without a permit and Bob will contact him. Mary will ask the office administrators to see the property with some Commissioners. Bob will work with the Planning Board consultant to develop a list of 3rd party reviewers. 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 Joanne Hamberg for the installation of a new septic system at 201 Fire Road # 16 (DEP #208-XXXX) – Chris MacKenzie (Dillis & Roy)- is representing the applicant and screen-shared the site plan. The plan is to install a new septic system outside of the buffer zone. A new septic tank, pumping chamber and well will be installed within the 100’ buffer zone. Chris M. pointed out the erosion control barrier to prevent any erosion going down to the lake. The work will involve taking out the old septic system, installing the new system, along with the pipe connecting the pump chamber and trench going to the leach area. It also involves removing a mound of soil to allow the truck to drill the well. Chris M. pointed out the location on the locus map. He noted the only work within the 50’ buffer would be grading near the well site. Mary asked if there were any trees to be taken down and Chris replied 2 on the top of the mound. Butch McGurn clarified there would be 8 trees over 2” and maybe even up to 12”. Chris stated they did not indicate the trees on the map ===PAGE 3=== because they did not know the mound would need to be removed when they shot the topography. Rich B. asked for clarification on the wetland boundary. Chris highlighted the wetland boundary and noted there is a marshy area between the water and that boundary. Rich B. asked if he had a map with the lake edge and buffer zones delineated clearly. Rich T. asked if the map shows where the existing septic system is and Chris replied he thinks it was a cesspool, located around where the new tank will be going, but he did not know the exact location. Rich T. asked if the old one would be removed and Chris said the Board of Health requires the old one to be decommissioned, crushed, and filled with sand. Rich T. asked what they would be doing with the fill removed for the well. Chris replied it is probably mostly sand and would be used around the septic system. He did not know what the plans were for the rest but it is probably about 2 or 3 truckloads. Butch M. stated the heavy dark line is the edge of property and is an old concrete retaining wall. The lake level at the wall is now 2’. He noted the property had an abandoned system of an old 50 gallon barrel with an elevation out to a sand trench. Bob and Mary questioned the contour lines drawn on the map at the water’s edge. Jeff V . noted he was very familiar with the area and suggested they may have done the drawing during the lake draw-down and had seen the retaining wall. Chris M. stated that he believes the contour lines are showing what is underwater. Mike L. asked if there was a DEP number issued. Chris M. stated it was #208-1309 and there were no comments. Rich B. asked about the contour level at the well site and Chris M. replied the mound will be taken down to the 318 contour, which would be level with the rest of that area. The Commissioners asked Chris to add a silt fence to the straw wattles, update the drawing indicating the wetland boundary, and update the drawing with trees to be removed that are 4”-6” or bigger. Motion: Rich B., Second: Jeff V . To continue to the November 1st meeting. 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 Richard Trembley for the construction of a replacement septic tank at 386 Sunset Lane (DEP # 208-XXXX)- (Rich Trembley recused himself.) Jack Maloney (Dillis & Roy) stated he is represented Rich and screen-shared the location of the project on the locus map, as well as the site plan. He noted there is a 1,000 gallon septic tank leading to a leach pit which failed Title V . The old tank and pit will be pumped, crushed, removed, and replaced with Title V sand as needed. It was decided after the Board of Health hearing to replace the old system with a Singulair Model 600 Green poly tank. They are proposing a 500 gallon poly tank for the pump chamber which will pump to a GeoMat, which is very low profile. Due to the nature of how it works, the system can be put as close as 5’ to a foundation and they will have a 40mil poly barrier in between the system and the foundation. The grade will be raised to keep effluent away from the foundation. There will also be a 40 mil poly barrier on the other side of the GeoMat with a short retaining wall of Graves blocks. Jack noted the contour numbers on the map, along with the 30’ no touch and 50’ buffer. He said they have proposed straw wattles to wrap the system and to go along the stockade fence on the property line. Mary noted the detail and colors on the site plan were super helpful. Rich B. asked how deep the GeoMat would be and Jack replied it is very low profile with about 1’ of backfill on the mat. There is no problem with freezing and there is a weep hole drilled in above the check valve. Jack said they can add silt fence. Jeff V . asked how they would get equipment in there and Jack said they can drop a mini-excavator in, with a larger machine in the driveway to lower blocks and sand. He noted the DEP number is 208-1310 and there were no comments. Public Comment- Carl Luck – 50 Sunset Lane – said they own the property to the south of Rich T. He said the system looks great, with the changes after the Board of Health hearing. Carl noted the elevation at the bottom of the wall is 302 on the plan shown but the print provided at the Board of Health hearing shows it as 301.5, based on Dillis & Roy surveying the level on the Luck’s property at the bottom of the fence. He asked why the wall is ½’ above his grade. Jack replied they were able to push the wall further ===PAGE 4=== from the fence because the system is smaller. They can dig on Mr. Tremblay’s side without anything collapsing on Carl’s side. Jack and Carl discussed the grades for the fence, wall and both properties. Jack said it would be just shy of 2’ between the property line at the corner of Carl’s shed and Rich T.’s wall. The bottom of the wall will go down to the 302 and Carl said it is great as long as nothing can come under the fence. Jack noted the poly barrier goes down to 301 which is a ½’ below the elevation on Carl’s side. Carl stated the cap on the wall addressed his concern about runoff. He also noted there is a 2’ diameter oak touching the shed that is 4’ from the fence and asked about the likelihood of damage to the roots/tree when digging. Jack said they would be digging 4’ to the bottom of the wall and Rich B. said he wouldn’t worry since it is an oak. Carl replied it’s a good plan that addresses all his concerns and he supports it. Motion: Bob P., Second: Jeff V . To approve with an Order of Conditions that a silt fence is added to the straw wattles. Roll Call Vote was unanimous to approve. (Rich T. was recused) Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Request for Determination by Mario Patacchiola for removal of decaying trees at 143 Island Road. Motion: Bob P., Second: Mike L. To continue to the November 1st meeting. 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 by Nashua River Watershed Association for planting of ~24-30 seedlings and dribble bar at 69 Brookview Terrace and 233 Island Road. Jessica Veysey Powell (Nashua River Watershed Scientist) – stated they are participating in a grant from the USDA Forest Service to restore riparian areas throughout the Merrimack River Watershed. They are implementing the grant in the Nashua River Watershed and looking for areas sparsely vegetated with woody plants within 200’ of the bank. An owner of these properties came to her group to see if her land would be an appropriate site for the grant. The 2 properties, on either side of Mulpus Brook, are well forested but portions of the bank have been stripped of woody vegetation by the heavy rains. The sandy soil is exposed and you can see sedimentation has gone into the brook. Jessica said their goal is to plant silky dogwood and silver maple to stabilize the bank, add shade, reduce erosion, and prevent pollutants from entering the brook. The length of the brook planted would be about 100’, with a maximum of 200’ and the maximum depth away from the brook would be 100’, but in most places 50’-75’ away. They will plant 1-2 rows of bareroot 1’ seedlings, every 8’, using a dibble bar to open a little insertion area and then close it up. No soils are removed or brought into the site. They aim to plant 30-40 seedlings by the end of the first week of November. They planted seedlings last November and they have done well. Jessica shared photos of the areas to be planted and diagrams for planting with a dibble bar. She also shared an aerial photo with the planting areas noted. Mary visited the site with Rich T. and she said it is an excellent project. Jessica added they are still looking for additional sites and Mary replied they will work on a list. Bob noted this is an exempt activity and no application is needed. Rich B. agreed and he is glad they are using silver maples which have dense root systems to hold back erosion. He asked where the seedlings are sourced and Jessica replied from the NH State Forest Nursery. Motion: Mike L., Second: Chris S. To approve the RDA with negative determination. Roll Call Vote was unanimous to approve. The Commission confirmed Jessica is free to start planting right away. 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 ===PAGE 5=== 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)-Ryan Proctor (Dillis & Roy), representing the Koronis, noted this is their 3rd meeting and the Commission requested to have the stockpile indicated on the plan and some extended mitigation landscaping for the proposed tree removal. Ryan screen-shared the updated site plan, with the planting schedule. The stockpile will be located near Oak Ridge Rd., outside of the 100’ buffer, surrounded by straw wattles. They will be taking down 9 trees, including a dead one and 3 of them are within the 30’ buffer. They will replace those 3 with 3 red oaks and 3 red maples. The other 6 trees, located between the 30’ and 100’ will be replaced with 6 trees – an oak, 2 maple, and 3 dogwoods- between the proposed house and the property line. They will be adding low bush blueberry and mountain laurel shrubs to the south of the septic system area and along the property line for stabilization. Rich T. asked if they would be taking the stumps out near the 30’. Ryan replied they are removing them when they do the grading for the septic and then replanting with replacements. Mary asked about erosion control and Ryan stated they will have straw wattles and silt fencing. He added the DEP number is 208-1306 and their comments were addressed at the last hearing. Motion: Mike L., Second: Chris S. To approve the Notice of Intent. Roll Call Vote was unanimous to approve. Bob P. noted he filed a Mullins Rule form for this. 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 dwellings and construction of a single-family dwelling at 6 Peninsula Drive (DEP #208-1305) - Ryan Proctor (Dillis & Roy) stated this was a continuance and he has submitted a revised site plan with landscape mitigation and updated planting schedule. Ryan screen-shared the updated plan and noted they are proposing to take down 4 trees between the 50’ and 100’ buffer. They are adding 2 additional trees to the 3 birch on the northern property line, 2 shadbush to either side of the proposed house, a landscape area on the southern line and button bush along the top of the bank for stabilization. They are also adding 2 stone steps to define the walkway from the new patio area to the existing gangway leading to the dock. Motion: Jeff V., Second: Mike L. To approve the Notice of Intent. 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)- Bob P. stated his understanding is Nick is not inclined to proceed with this project. He suggested they issue a positive determination since the current deck is over the lake and if Nick wants to change it, he will need to file a Notice of Intent (NOI). Rich B. agreed with a positive determination and asked to send Nick their findings, with the suggestion he files a NOI if he wants to proceed. Motion: Rich B., Second: Bob P. For a positive determination. Roll Call Vote was unanimous to approve. NEW BUSINESS: Earth Removal Permit Review of 780 Northfield Rd.- Jim Lattanzi noted he and his wife are the new owners of the Pierce’s Christmas Tree Farm and they have planted 13,000 new seedlings in the past 2 years. They are continuing to plant new seedlings at double the previous past plantings. There is a lot of open ground and cleared land. They have also planted 10 acres of silage corn and the rest in hay production. In total there are 77 acres of open tillable land which is all in current production. They have worked this year with the Natural Resources Conservation Services to implement conservation programs for farmland. They have installed another 10 acres of overhead irrigation where they did land clearing to remove sand under the topsoil to level it. The topsoil was put back after. Jim indicated on the aerial photo ===PAGE 6=== where the land leveling occurred. Rich T. asked how far the leveling was done from the wetland and where the sand was stockpiled. Jim replied the leveling was at least 150’ from wetlands and the sand stockpile is about 400’ plus. Rich B. asked how much sand they want to sell through the permit and Jim stated Dillis & Roy estimated about 5,000 cubic yards. The sand is a by-product of the leveling project and will be the only grading to be done. Motion: Bob P., Second: Rich T For Bob P. to write a letter to the Select Board stating there are no activities within our jurisdiction and they have no negative input on this earth removal permit. Roll Call Vote was unanimous to approve. Update on Timber Rights Fund – no update Update- Holdenwood Conservation Land Proposal for Connecting Trails at Robb Hill – Bob P. screen-shared a map of the Robbs Hill Conservation Area, which shows all the trails going into Shirley. He noted Adam Burney forwarded a letter from Mr. Holden (on Mulpus Rd) who is one of the holders of the Holdenwood Conservation restriction, which was created 23 years ago. The North County Land Trust holds the restriction and the Commission is one of the checkers who make sure they are following the restrictions. The restriction states the property is closed to the public. Bob suggested Mr. Holden post the property lines with no trespassing signs. Bob is proposing to put up the new diamond shaped Lunenburg Conservation property boundary signs and to look for volunteers to develop 2 new loop trails. Also he would like to work with Shirley Conservation to develop a new trail for interconnectivity. Bob clarified that they can only enter the property for stewardship purposes. Mike L. asked why the land is closed to the public and Bob replied the family wanted to allow access to only certain people but there were only 2 options – open to all or closed to all. They chose to close it to all and it is recorded as such forever. Motion: Mary W., Second: Chris S. To approve the additional trails to be created on Lunenburg property and approve Bob Pease going to Shirley on behalf of Lunenburg Conservation to talk about the by-pass on Shirley’s land. Roll Call Vote was unanimous to approve. Application Instructions/Guidelines – Bob said he was working on developing information to go on the website telling the difference between an NOI, RDA, Administrative Determination, Emergency Order and develop a set of instructions for filing. He will ask Brianna and Charlotte if they can take it up so he can work on revising the trail maps. OLD BUSINESS: Update on Shawn Kelly Estate- Bob reported they received a check dated 9/20 for $869,830.41 from the Shawn Kelly Estate and received more than they were initially told. He will need to follow up to get the fund number and to see if it will be available in Munis. At present our office person has no access to our accounts in Munis and neither did Annie, the Land Use Admin. He also is not sure about their MACC status. Rich B. asked if they need to go before the Selectmen before they spend any of that money and Bob replied that was what the town attorney said. He added that if they wanted to purchase any property, they would need to get Select Board permission, but he is not sure about small purchases. Mary noted they did not get enrolled in MACC this year and any classes they take would be as non-members. If anyone wants to take a class, they will need to pay for it on their own, and request reimbursement from the town. Bob offered to talk to the Town Manager or Karen about this. Mary said she was anxious about losing access to the MACC handbook and in the fall, they will offer a lot of classes which the Commission will not be able to take advantage of. The MACC goes into hibernation for the winter. Update if any on encroachment issues at: 950 Chase Road 315 Lancaster Ave. – Bob stated someone in the office needs to find out if they have taken any actions. ===PAGE 7=== 26 Mulpus Road- Bob said it can be taken off the encroachment list because they have surveyed, staked, and removed fencing, tree houses, etc. from the Conservation property. Extension Request Permits: 351 Massachusetts Avenue- Bob read a letter from Brian Marchetti (McCarty Engineering) stating they are requesting an extension of the Order of Conditions issued on 11/4/20 for construction of a greenhouse facility on the parcel. The work was proposed to impact isolated wetlands only and came under the Lunenburg Wetlands Protection By-Law. It is about to commence construction but the OOC will expire on 11/4/23. Mary noted the property is behind Hannaford and Bob said an agricultural enterprise that was looking to utilize that parcel. Motion: Bob P., Second: Chris S. To approve the extension of the Order of Conditions at 351 Mass. Ave. for 3 additional years. Roll Call Vote was unanimous to approve. Bob noted there was no DEP number because it was not jurisdictional under the DEP. It was just under the Lunenburg Wetlands By-Law because it was an isolated wetlands which they replicated. Certificates of Compliance: 176 Elmwood Road – was deferred until one of the interim administrators is able to visit to confirm all the work was done and it is stabilized. Charlotte Steeves stated she is planning to start some of the site walks on 10/20 and can visit this property. She asked if she needs to get property owner permission first and Bob replied the applicants give permission when they apply. He suggested looking at the paperwork and Charlotte asked if they have supplied an as-built. Bob suggested emailing Ashleigh for copies of paperwork. Charlotte said she will work on access to the Drive so she can also share and Rich B. noted the request is on the Drive but does not see an as-built. Bob asked Rich B. to give Charlotte access to the Drive. Mary asked if Commissioners could also have access to the Drive and Rich B. replied they can have viewing rights but they cannot edit or add. Rich B. is currently the Drive administrator and he will also give Mary editing. Bob suggested discussing how work gets routed between Bryanna, Charlotte, and Ashleigh, as their hours do not overlap. ENFORCEMENT: Violations (Enforcement Actions and Hearings) 390 Howard St.- Mary received photos from a resident of silt running off the property and down the road. She screen-shared an aerial view of the property which indicates a lot of earthwork but does not appear to have any silt fencing or other erosion barriers. When it rains, the soil and dirt run down the street into the storm drains. She could not find evidence of any wetlands in that area, so it would not be in the Commission’s jurisdiction. Bob suggested forwarding the photos to the Building Inspector, DPW and Stormwater Commission. Mary will take this off future agendas and forward the photos. NON 205 Sunset (Beers lot) – Mary said they took action on this property at the last meeting but she will keep it on the agenda until the violations of the previous RDA are addressed. 143 Island Road – Mary stated this was on the agenda but there were no representatives present. She and Rich T. did a site visit and took pictures of several old stumps in the wetland area. There were also bushy vegetation stumps at the water’s edge that appeared to be cut. 10 Massachusetts Avenue – Bob noted the erosion barriers were not in. He had sent it to Leah, who was going to send a letter stating they have to file an RDA, but she promptly quit and the ball was dropped. Bob suggested a letter be sent from Brianna or Charlotte. Mary suggested having a master checklist to be clear who is handling items. 39 Island Road – Mary reported Dillis & Roy will be filing the paperwork on this project. Open Space and Land Use: ===PAGE 8=== Grants Update (LCC sponsored, award year 2023) – Mary noted she was invited to go to the mandatory review seminar on Friday and she will get the paperwork moving. Grants Update (LSR sponsored, award year 2022)- Mary stated it was awarded last year and the Snow Riders could not do any work until NHESP filing. They got approval and they will start trail improvements on the northern loop in the Small State Forest. She anticipates they will get out there soon with chainsaws and hand tools to clear the trail. Mary confirmed the Commission will sponsor materials for the kiosk the Snow Riders are building and Chris St. Germain offered his barn as a work area. They will let Bob know when they are ready for delivery of the materials. Mary noted the bridges at the Lane property were releveled. Bob and Mike releveled one but will need help with others. Mary saw one additional heavy bridge was back in position and Bob said they need to get chains on it. Hollis Road Residence: Update – Maintenance Work – Mike L. confirmed the $3,300 covered the cedar siding, front overhang, and the chimney flashing. They have not found any other windows needing replacement. One of the volunteers- Linda Hilson- asked Bill Bernard if the DPW could take away some of the bags of debris, which included invasives. Bill said he would when his staffing crunch eases. Mike said he has been getting repeated calls from a carpet vendor who has not been paid yet and he is working with Ashleigh and Karen to get it paid. It appears someone in the office needs to submit a purchase order request. Bob said that is all part of the dilemma that Ashleigh cannot access on Munis. Mike spoke to Karen who said Ashleigh needs to be trained to set up a purchase order request. Bob asked Mike to email Karen to say Ashleigh lost her access to our accounts during the Munis upgrade. Bob noted the town has hired consultants but he does not know how to contact them. Mary asked Mike if he has access to the logs kept by the Hollis Road tenant, but he did not know and she suggested contacting the resident. Committee Reports – Any Update- Stormwater- Mike reached out to Mr. Jeffreys and he gave him a contact person. Public Comment: Chris noted he is planning on doing a connecting trail so they have a small Hunting Hill loop, which they do not have now because of the Womble Property. He is planning on doing it in the next couple weeks and will let Bob and Mary know when. Motion: Chris S., Second: Rich B. To Adjourn at 10:30pm. Roll Call Vote was unanimous to approve. Respectfully submitted, Jane L. Ranley Minutes Clerk ======================================================================================== DOCUMENT : 2023-11-01-agenda-1748.txt BOARD : conservation-commission DATE : 2023-11-01 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2023-11-01-agenda-1748.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_11012023-1748 ======================================================================================== ===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 . November 1st, 2023 , 7:00 PM , ZOOM REMOTE Agenda 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/81161286155 Meeting ID: 811 6128 6155 Passcode : 952513 One Tap Mobile + 13052241968,, 81161286155# US Phone callers may 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 – October 4, 2023 – October 18, 2023. Appointments/Hearings – Begin at 7:00pm 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 an Abbreviated Notice of Resource Area Delineation by Kevin O ’Brien at 390 Howard Street (DEP #208-1304). 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 Joanne Hamberg for the installation of a new septic system at 201 Fire Road #16 (DEP #208- 1309 ). 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 Mario Patacchiola for removal of decaying trees at 143 Island Road . ===PAGE 2=== NEW PUBLIC HEARINGS The new public hearings planned for November 1 will not be held due to the lack of legal advertisements. 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 Stefan McSweeny for the construction of a single family home and associated site work at 255 Sunny Hill Road . (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 Steve Powell for the construction of a single family home with associated site work at 171 Arbor Street. (DEP #208-130 8 ). 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 DJ & Christa Palma for replacement of retaining wall at 39 Island Road. (DEP #208-13 11 ). NEW BUSINESS: Topics unknown 48 hours in advance of meeting Application Instructions/Guidelines NCLT planned CR review site visit to Hawes Property on November 20 th pm Review of coordination of staff activities and documenting commission decisions for past and future meeting Commissioner access to documentation of decsions Proposal to shift commission file data from Google Drive to Share Point Release of 3rd Wednesday town hall meeting space OLD BUSINESS: Update on Timber Rights Fund Update on Shawn Kelly Estate Update on staff access to Munis Accounts Update on MACC memberships Update if any on encroachment issues at: 950 Chase Road 315 Lancaster Avenue Administrative Determinations: 833 Flat Hill Road tree removal 70 Horizon Island Road tree removal Extension Request Permits: 351 Massachusetts Avenue Notice of Project Change: Certificates of Compliance: 176 Elmwood Road ENFORCEMENT: Violations (Enforcement Actions and Hearings) 780 Northfield Road 390 Howard St NON 205 Sunset (Beers lot) 1118 Massachusetts Avenue 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 : Service project requests Hollis Road Residence: Update - Maintenance Work Painting, Trim Committee Reports – Any Update: Communications Notice of Utility Work Sunset Lane Notice of hearings on timber harvesting violations at Massachusetts Avenue and Maple Parkway Public Comment: Adjourn: Meeting schedule: Next meeting is November 15, 2023 at 7:00 PM by Zoom platform ======================================================================================== DOCUMENT : 2023-11-01-minutes-1748.txt BOARD : conservation-commission DATE : 2023-11-01 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2023-11-01-minutes-1748.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_11012023-1748 ======================================================================================== ===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 November 1, 2023, 7:00PM, ZOOM REMOTE Minutes Roll Call: Mary W, Bob P, Rich T, Rich B, Mike L and Chris S. Also present – Charlotte (Admin. Agent) Absent: JV Call to Order at 7pm Announcements-none Public Comment: Rich B. noted on the website it shows his term expired June 2023 and asked to have it updated as he was reappointed and sworn in during the summer. Bob P. said he would take care of that. Minutes of previous meetings – May 17, 2023 Motion: Bob P., Second: Rich B. To approve the minutes of May 17, 2023. Roll Call Vote was unanimous to approve. Bob noted the minutes of 6/7 are done but not on the drive, so they will be held until the next meeting. Appointments: none NEW PUBLIC HEARINGS – Mary stated they cannot be addressed due to lack of legal advertisements and be heard at the next meeting. 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 an Abbreviated Notice of Resource Area Delineation by Kevin O’Brien at 390 Howard Street (DEP #208-1304)- Bob P. reported that Matt Morro had asked for a continuance to Nov. 15th. Motion: Bob P., Second: Rich B. To continue 390 Howard Street to November 15th. 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 Joanne Hamberg for the installation of a new septic system at 201 Fire Road #16 (DEP #208-1309) – Chris MacKensie (Dillis & Roy) asked for another continuance because they were requested to locate some trees and a retaining wall along the lake shore. The crew went out to do so but he was not able to make the changes to the plan. He will do so and be ready for the 11/15 meeting. Motion: Chris S., Second: Mike L. To continue 201 Fire Road #16 to November 15th. 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 by Mario Patacchiola for removal of ===PAGE 2=== decaying trees at 143 Island Road - Mary asked if Mario or any representative was on the call. There was no response and Mary noted no one was present at the last meeting either. She added that due to the office staff shortage, they may not have been told to come to a meeting to support the RDA. Bob thought they may have hired an engineer to submit this. Mary replied that he may be thinking of the other Island Rd request. Bob stated he will send Ashleigh an email to notify them that they are on the agenda for 11/15. Motion: Rich T., Second: Chris S. To continue 143 Island Road to November 15th. Roll Call Vote was unanimous to approve. Mary reiterated that the items under New Public Hearings will be held on 11/15. Administrative Determinations: 833 Flat Hill Road tree removal- Mary reported that Bryanna did a site visit and Charlotte screen-shared the pictures. Sue Ropiak (homeowner) pointed out the dead tree near the creek running into the lake. The next tree is a slanted, leaning over the bridge over the stream. The third tree is 50-60’ from the lake, between their property and the neighbors and is dead. They have branches hanging over the lake that they would like to remove so they can walk and see under the trees. Bob P. read the site visit report by Bryanna. Bryanna’s Findings: She had noted the resident would like to take 3 trees down – 2 of which are on the bank of a stream which is a tributary to Lake Shirley, 1 tree is within the buffer zone, located 55’ away. Resident would also like to trim branches starting at 10’ on the tree hanging over the shed and at 18’ on a tree hanging over the lake. She recommended letting the homeowners remove the trees but leave the stumps in the ground and plant 3 saplings, 2” diameter breast height of the same genus or native tree, such as red or silver maple. Rich T. asked the homeowners if the 3rd tree was on their property or their neighbors and Sue R. replied it is close but on their property. Mr. Ropiak noted that they want to remove the branches over the shed up to 18’-20’. In addition, they also want to trim branches over a cabin up to 18’-20’. Mary asked if any commissioners felt they needed to go through the formality of an RDA but no one did, so she asked for a motion. Motion: Bob P., Second: Rich B. To accept the administrator’s recommendations, with added note to allow limbing in the additional area above the cabin, with stipulation that by April 1, 2024, they submit pictures to the office of the 3 saplings, 2” diameter, breast height, to be planted as replacements. Rich B. suggested they submit the pictures by May 1st instead in case of frost in the ground. Bob P. amended it to submit pictures by May 1, 2024. Roll Call Vote was unanimous to approve. 70 Horizon Island Road tree removal- Bob said the residents were not present but he read Bryanna’s site visit report. Bryanna’s Findings: The residents would like to cut down 3 trees that are 47’ to 48’ from the bank of Hickory Hills Lake. Two are dead (closest to the house) and the other is alive but poses a threat to the abutting property. She recommended allowing the homeowners to remove the trees but leave the stumps and if the Commission deems it necessary, to replant 3 Eastern white pine saplings 2” diameter breast height. A Request of Determination of Applicability may be necessary upon the Commission’s request. Bob screen-shared the pictures from the site visit and added that he does not think they should be asking anyone to replant white pines because they just grow up to become a hazard. He would suggest planting another species, such as a native hardwood. Rich B. said that white pines are native plants and important habitat for birds and small mammals. They should plant in a proper spot where it could flourish and would recommend spruce or fir. Bob suggested having a site map showing where it makes sense to plant these trees. Mary noted that without the residents present, she agrees they should request a site map and designate new planting locations. Bob suggested tabling it and ask Ashleigh to send the homeowners a request to attend the next meeting. Motion: Bob P., Second: Chris S. ===PAGE 3=== To continue the Administrative Determination for 70 Horizon Island Road to 11/15 and ask the homeowners bring a site map with designated new planting locations. Roll Call Vote was unanimous to approve. ENFORCEMENT: Violations (Enforcement Actions and Hearings) 780 Northfield Road – Mary noted this is the farm access to the old Christmas tree farm. Bob said Matt made a decision that this was an exempt activity but there is a resident that is pursuing this matter. The DEP decided the Commission should issue a friendly enforcement order asking Jim to replace the culvert and to do a wetlands replication. Jim Lattanzi (owner of the property) has indicated he is more than willing to do that without an enforcement order. Bob added if Jim had been invited to the meeting he would have been present. He suggested tabling it to the next meeting, with the hopes the office staff invite Jim to the 11/15 meeting. Charlotte asked for clarification on the subject and Bob replied there is another resident who has been complaining and insisting there is a problem about this for over a year. Bob will send information to Charlotte to add to the meeting notes and they will inform Jim of the next meeting. 390 Howard St- Mary reported this was added due to residents sending photos of soil washing off the parcel and down the street, into storm drains. They did a site visit and determined the erosion was not near wetlands, which would be out of their jurisdiction. In the course of the discussion for the ANRAD, they determined there were some serious concerns for erosion on that parcel to wetlands, so Mary has left it on the Enforcements list. Bob noted when they had the public hearing, Eric Bilotti stated there was siltation going into their pond and they talked about doing a site visit downstream to observe the siltation. Bob suggested doing that site visit separate from the site visits for the ANRAD and they are waiting for permission to go on those parcels. NON 205 Sunset (Beers lot)- no updates. 1118 Massachusetts Avenue- Steve Wright (property owner) stated he emailed the site plan and he was waiting for a memo stating what his violation was. He also would like to finish the work that he had to stop. Mary said she is an abutter of the property and was told that a tree was being taken down within the buffer zone to an intermittent stream. She asked Steve to stop work until they could get an Administrative Determination on the tree removal. Steve said the tree snapped and fell on a truck. Bob read Bryanna’s Administrative report on her 11/1 site visit, which stated 3 trees (68-70’ from top of bank) had been cut, and they were in the process of cutting a 4th (35-40’ from top of bank). She suggested the owner replant 4 saplings in their place and that he would need to contact the Conservation Commission prior to earth or tree removal to get approval. Mary recused herself and Bob took over chair. Bob screen-shared the photos of the trees. Steve said that he did not know he would need permission and according to the enforcement handbook, the work could have been finished because it was a safety hazard. Rich T. asked to see the picture of the standing tree and Steve noted the tree company cut half of it as a compromise. Bob asked Steve how he felt about Bryanna’s suggestion to replace the 4 trees with saplings. Steve said he would be willing to plant 4 saplings closer to the bank and would want to talk to his neighbor before replanting the tree near his property. He would also want to wait until spring to plant. Bob said the trees 68-70’ from the bank are a fair distance from the resource area but could see replacing the tree that is 35-40’ from the top of the bank. He suggested he be allowed to cut the remaining tree. Mike L. asked if any are within the 30’ or 50’ buffer zones and Bob replied just the tree still standing. He said the tree closer to the buffer zone should be replaced and they could recommend replacing the other 3. Rich T. asked what the plan was for the stumps and Steve replied to remove them. He would have them ground but can put the hay barrows up. He would like to get it done before winter and the stumps are still a hazard. Rich T. said the tree 35- 40’ should be replaced. He would like to see a plan for the stump removal and the grade. Rich B. agreed to replacing 1 tree and would like to see a plan (even hand drawn) for erosion protection when the stumps ===PAGE 4=== are pulled out, along with a plan to revegetate the area. He stated Chris will need to do a Request for Determination of Applicability filing. Bob suggested they could handle this as an Enforcement Order to eliminate the need for a RDA. Motion: Bob P., Second: Chris S. Under Enforcement Actions, that we allow the applicant to cut the tree down, so long as he has the stumps ground with erosion protections in place while the stumps are ground, the area loamed and seeded and that the 2 saplings are planted in the vicinity of this last tree that is within 50’ of the resource area. Roll Call Vote: RB, ML, RT, CS and BP – all aye. Mary W. resumed as chair. 143 Island Road – discussed under Continued Hearings 10 Massachusetts Ave. – Bob suggested having one of the administrators send notice that they need to file an RDA. Charlotte asked for confirmation and Bob noted Leah (interim agent) had talked to them. They had pushed a bunch of stuff over close enough to the resource area, that permission would have been required. She asked them to put up erosion control or they would need to do an RDA. However, they did not put in the erosion controls and there was no follow up. Bob stated they will now need to submit an RDA and Charlotte confirmed the owner as Lance Rossel. 39 Island Road- Mary said this will be on 11/15 agenda as a new hearing. NEW BUSINESS: Awareness Campaign - Mary suggested doing another public awareness campaign, since several people noted they were not aware of the municipal bylaws. In the past, Bob said they made up a brochure and added it to the tax bills, which appeared to be effective. Also he suggested doing more on the website. Rich B. suggested adding the brochure to the website. Chris suggested having something on the first page to let the public know what to do quickly. Rich B. noted the brochure is already on the website along with links for the Wetland Protection Act and Regulations. Mary suggested adding a QR code also and all agreed to look at adding the brochure to the tax bills again. Bob said they would need to update the brochure and contact the Tax Collector about timing and cost for adding it to the January bills. The last time, Matt Morro found money in the General Fund to cover the cost. Mary said she will contact the Tax Collector for cost/deadlines and suggested waiting until more staff are hired. Application Instructions/Guidelines – will be held until full-time administrator is hired. NCLT (North County Land Trust) planned CR review site visit to Hawes Property on November 20th – Bob noted the Conservation Commission owns the land at the Hawes Property but the Conservation Restriction is managed by the NCLT. Also at the Peabody property, the NCLT owns the land and the Commission manages the CR. The NCLT does a site walk each year and sends a report. Their site visit will be 11/20 and Mike L. volunteered to do the visit with them. Review of coordination of staff activities and documenting Commission decisions for past and future meeting- Mary noted that there are a lot of decisions, activities, and staff to coordinate, so she asked Ashleigh to put together a task tracker. At present, Mary stated it appears to be some controversy as to whether it is appropriate to ask Ashleigh to do this and she was unable to get confirmation or denial from the Town Manager or the Assistant Manager. Commissioner access to documentation of decisions – Bob suggested working on a process to allow Commissioners access to decisions, approvals, and forms. Rich B. noted the town has an online permitting system and Charlotte confirmed it is opengov.com, but it is for building permits. Rich added Matt Marro and Adam Burney were working on it through the Land Use Dept., but it has not got up and running. If it was running, it could hold all the information for an application. He added they can look into it when a full-time administrator is hired. Bob noted most of the resident applications are handwritten or typed on a PDF, with professionals doing online applications. Rich B. noted NOI, RDA and ANRAD ===PAGE 5=== applications are set up on the portal. They can also upload a hand drawn map. Mary said they can go back to this item when they are fully staffed. Permission to shift commission file data from Google Drive to Share Point – Bob noted the Commission currently keeps all their meeting docs on a Google Drive which Bryanna did not have access to. The Town Manager stated it must be migrated to a town-controlled drive in Microsoft, such as Share Point. Bob told her there would need training, an assurance that no data would be lost and the Commission be allowed to be part of the discussion before it happens. Mary suggested a follow-up email to the Town Manager concerning this. Chris asked why Share Point was being proposed. Bob replied the Google Drive was set up by a Commissioner and not managed by IT. Rich B. said he was contacted by the Town Manager and IT about porting all the data to Share Point. He noted he created the Google Drive with Matt, who was Admin. When Matt left, it went to Adam (Land Use) and then Nadia. Currently, Rich B. has the Admin but it can be passed on. Bob suggested someone from IT could become the administrator but he would want the Commission and Chair involved. Mary said she will contact the Town Manager. Release of 3rd Wednesday town hall meeting space – Mary stated her intent is to continue with Zoom meetings, as long as they are allowed, to encourage public involvement in the meetings. The Parks Commission needed that reservation, so she has released the meeting space. The Commissioners agreed with continuing to use Zoom and noted the meetings are all available on YouTube for the public. OLD BUSINESS: Update on Timber Rights Fund – no update Update on Shawn Kelly Estate-Bob said the money was deposited but has no information on the fund. Update on staff access to Munis Accounts- Bob reported that Karen comes in a few times a week but is working on high level items. Steve Barrett comes in as a Consultant and Bob talked to him regarding Ashleigh’s inability to access the new Munis. He requested training for Ashleigh and Steve said it would be 2-3 weeks, after they close out FY23. He noted other departments are having issues with the new Munis. Bob was able to give Steve fund numbers for the Timber Rights and Hawes Fund so he can get bills paid through the Select Board warrant. Mike L. noted that the carpet invoice has still not been paid by the town. Update on MACC memberships- Mary said Ashleigh told her the memberships have lapsed and she has not been able to get them back. Bob added that was one of the bills that was supposed to be paid. Chris said he tried to get the MACC handbook but they wanted to charge him. Mary confirmed that is because the membership has lapsed. She explained all the benefits of membership. Update if any on encroachment issues at: 950 Chase Road – Bob signed a statement of fact on 10/30 which was filed with the court and they were served on 11/1 by a constable. The hearing will be 11/2 and the town is asking for an injunction to move the shed off of the property in the right of way. If they do not get the injunction, they will need to wait 2-3 years to get on the court’s docket. 315 Lancaster Ave.- Bob said he is waiting for more staff to have a letter sent to inquire on what is happening. Previously, they had said they were going to have the land surveyed. Extension Request Permits: 351 Mass Ave.- a 3-year extension was approved at the last meeting. Mary thanked Bob for preparing the agenda in absence of staff. Notice of Project Change: Certificates of Compliance: 176 Elmwood Road – needs a site visit. Charlotte asked to confirm that they need a final site inspection. Mary noted they need to compare the as-builts and the order of conditions to the actual physical condition of the site. Emergency Certification: ===PAGE 6=== Open Space and Land Use: Grants Update (LCC sponsored, award year 2023) – no update. Grants Update (LSR sponsored, award year 2022) – Mary reported there are a couple of Boy Scout Troops partnering with the Lunenburg Snow Riders to do some hand clearing on the Small Town Forest Loop that LSR is doing trail improvements as part of the grant. Timber Sales – Bob will check with the timber person and Mary asked how long the contract is good. Mary noted the area they want to do timber work abuts the area behind Hannaford Plaza. That area was heavily forested and appears to be clear cut, putting pressure on wildlife in that area. Conservation Land Improvements: Service project requests- Mary said they got a request from the High School National Honor Society for projects. She sent them a list and has heard back that they want to do invasive plant removal at the Lane Property. They hope to have 20-35 kids to work on removing invasive plants. Mary added there is a lot of oriental bittersweet, burning bush and multi-floral rose to remove. In answer to some complaints, Chris suggested letting the public know that the Commission is doing a lot of these projects. Bob added all work on Conservation land is done by volunteers and there are no grants for invasive plant removal. There are no paid workers and anyone who is so inclined should work on invasive species. He noted Mary had organized a group to do invasive removal earlier in the year. Mary stated she would like to find some grant support to remove the pervasive Japanese Knotweed at Table Rock. She said there is a volunteer who is trying to tackle the problem but noted if you try to dig it up, it forces the rhizomes to spread. The most effective way -endorsed by the state- is to wait until it has bloomed, dropping seeds, and cut it back to 3 or 4 branches, then inject with herbicide, but you need an herbicide certification to do so on public land. It is also all along Howard Street and there is a lot of poison ivy on the Lane Property and the trail to Gilchrist. Chris asked how they organize groups to do clean-up and Mary said she shows them how to identify the invasives. Mike L. mentioned a website (ANAC?) where you can enter data on invasives and removal. Hollis Road Residence: Update – Maintenance Work – Mike L. said there are bags of invasives and debris the DPW would remove if they are able. If not done, the volunteer that services the riding lawn mower may be willing to remove them. Painting, Trim – has been completed, but Chris (Facilities) did not know if the flashing component had been completed. Mike said the work on the windows and trim look fabulous. Chris is in the process of trying to secure some good used cabinets and Mike will follow up. Committee Reports – Any Update Open Space meeting – Mary reported they met last week and talked about parcels on Lake Shirley. The Committee voted to recommend to the Select Board to convey those parcels to the care and control of the Parks Commission. Stormwater Task force – Rich T. reported it will be started up again and he met with the DPW director to put an agenda together. They also discussed the Howard St project (O’Brien property). Communications Notice of Utility Work on Sunset Lane – Mary stated National Grid notified them of maintenance work on the distribution line and read the list of work planned. Rich T. reported they were doing work this week, with some tree trimming and removal. They told him new telephone poles will be going in and they will raise the height of the existing wires. Notice of hearings on timber harvesting violations at Mass. Ave and Maple Parkway -Bob said the office got copies of the letters that were sent to the people who did the harvesting on the parcel owned by Steve Powell. He noted the target of the letters were the ones doing the harvesting and they are being ===PAGE 7=== called to a hearing, which already took place. The letter states they are in danger of losing their license because of what happened there. Public Comment: Nick Eaton, 441 Townsend Harbor Rd., stated he had been trying to contact the office for a couple of weeks, but didn’t know they were short staffed. He said his dogs paws are getting cut up from the crushed rock put down with the new septic system. He is trying to have it paved over the tanks. He is within the 100’ and knows he has to file an amendment to his Order of Conditions, but he would like to do it before winter. Charlotte asked if he had filed an amended order and Nick replied he was waiting for a response. Charlotte told him to fill out the paperwork for the amended order and write a letter on what will be changed, how much will be paved and the Commission will vote on the amended order. Rich B. asked if he is paving part of the area designated as his driveway that is crushed stone now. Nick replied he would like to pave the driveway but for now, just that area so he can walk his dogs. Rich B. suggested Nick file this as a Field Change as long as the area is already designated as driveway and they have a picture showing it paved before. He added that Nick can send an email requesting a Field Change to his current Order of Conditions, spelling out the areas to pave and include a copy of his plan with area outlined or a picture. The Commission should be able to act on it at the next meeting. Motion: Mike L., Second: Chris S. To Adjourn at 9:42pm Roll Call Vote was unanimous to approve. Respectfully submitted, Jane L. Ranley Minutes Clerk ======================================================================================== DOCUMENT : 2023-11-15-agenda-3950.txt BOARD : conservation-commission DATE : 2023-11-15 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2023-11-15-agenda-3950.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_11152023-3950 ======================================================================================== ===PAGE 1=== Town of Lunenburg Conservation Commission November 15th, 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/81161286155 Meeting ID: 811 6128 6155 One Tap Mobile +13052241968,,81161286155# US Passcode: 952513 Phone callers may 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 16, 2023 – September 6, 2023 – September 20, 2023 – October 4, 2023 – October 18, 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 Stefan McSweeny for the construction of a single family home and associated site work at 255 Sunny Hill Road. (DEP 208-XXXX) Mary Wilson, Chair Bob Pease, Vice Chair Richard Tremblay, Clerk Richard Bursch Jeffrey Viviano Michael Larouche Chris St. Germain Tel: (978) 582-4146 960 Massachusetts Ave. Lunenburg, MA 01462 Ashleigh Denio Conservation Assistant ===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 Steve Powell for the construction of a single family and associated site work at 171 Arbor Street. (DEP 208-1308) 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 DJ and Christa Palma for a replacement retaining wall at 39 Island Road. (DEP 208-1311) 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 Timric Realty Trust for construction of a single family home and septic tank at 20 Kilburn St - Lot 1. 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 Timric Realty Trust for the construction of a single family home and septic tank at 20 Kilburn St - Lot 2. (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 Timric Realty Trust for the construction of a single family home and septic tank at 20 Kilburn St - Lot 3. (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 John Sheehan and Jennifer Pewtherer for a replacement wooden deck with patio at 10 Sunset Avenue. (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 Dan Proctor for a replacement septic system at 85 Chase 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 an Abbreviated Notice of Resource Area Delineation by Kevin O’Brien at 390 Howard Street. (DEP 208-1304) 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 Joanne Hamberg for the installation of a new septic system at 201 Fire Road #16. (DEP 208-1309) 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 Mario Patacchiola for removal of decaying trees at 143 Island Road. ===PAGE 3=== NEW BUSINESS: Topics unknown 48 hours in advance of meeting NRWA Riverbank Restoration Grant opportunity Staffing Update Montachusett Regional Planning Commission – Trail Vision Plans OLD BUSINESS: Update on Timber Rights Fund Update on Shawn Kelly Estate Public Awareness Campaign MACC memberships currently on hold due to staff shortage MACC Handbook access currently on hold due to staff shortage Application Instructions/Guidelines Staff Access to Munis Accounts Update if any on encroachment issues at: 950 Chase Rd 315 Lancaster Ave Administrative Determinations: 70 Horizon Island Rd 39 Valley Rd Extension Request Permits: Notice of Project Change: Order of Conditions 386 Sunset Ln Certificates of Compliance: 31 Cushing Ln 176 Elmwood Rd 81 Maple Pkwy ENFORCEMENT: Violations (Enforcement Actions and Hearings) 780 Northfield Rd 390 Howard St NON 205 Sunset (Beers lot) 143 Island Rd 10 Massachusetts Ave 39 Island Rd 1168 Mass Ave Rear 1118 Mass Ave 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 NCLT Site Walk & CR Review - Hawes Hollis Road Residence: Update – Tenant monthly reports Update - Maintenance Work Painting, Trim Committee Reports – Any Update: Communications/Public Comment: Adjourn _: Meeting schedule: Next meeting is December 6th, 2023 at 7:00 PM by Zoom platform ======================================================================================== DOCUMENT : 2023-11-15-agenda-4084.txt BOARD : conservation-commission DATE : 2023-11-15 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2023-11-15-agenda-4084.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_11152023-4084 ======================================================================================== ===PAGE 1=== Town of Lunenburg Conservation Commission November 15th, 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/81161286155 Meeting ID: 811 6128 6155 One Tap Mobile +13052241968,,81161286155# US Passcode: 952513 Phone callers may 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 16, 2023 – September 6, 2023 – September 20, 2023 – October 4, 2023 – October 18, 2023. Appointments/Hearings – Begin at 7:00pm Appointment (Marisa Browning-Kamins): NRWA Riverbank Restoration Grant opportunity 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 Stefan McSweeny for the construction of a Mary Wilson, Chair Bob Pease, Vice Chair Richard Tremblay, Clerk Richard Bursch Jeffrey Viviano Michael Larouche Chris St. Germain Tel: (978) 582-4146 960 Massachusetts Ave. Lunenburg, MA 01462 Ashleigh Denio Conservation Assistant ===PAGE 2=== single family home and associated site work at 255 Sunny Hill Road. (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 Steve Powell for the construction of a single family and associated site work at 171 Arbor Street. (DEP 208-1308) 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 DJ and Christa Palma for a replacement retaining wall at 39 Island Road. (DEP 208-1311) 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 Timric Realty Trust for construction of a single family home and septic tank at 20 Kilburn St - Lot 1. 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 Timric Realty Trust for the construction of a single family home and septic tank at 20 Kilburn St - Lot 2. (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 Timric Realty Trust for the construction of a single family home and septic tank at 20 Kilburn St - Lot 3. (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 John Sheehan and Jennifer Pewtherer for a replacement wooden deck with patio at 10 Sunset Avenue. (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 Dan Proctor for a replacement septic system at 85 Chase 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 an Abbreviated Notice of Resource Area Delineation by Kevin O’Brien at 390 Howard Street. (DEP 208-1304) 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 Joanne Hamberg for the installation of a new septic system at 201 Fire Road #16. (DEP 208-1309) 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 Mario Patacchiola for removal of decaying trees at 143 Island Road. ===PAGE 3=== NEW BUSINESS: Topics unknown 48 hours in advance of meeting Montachusett Regional Planning Commission – Trail Vision Plans Staffing Update OLD BUSINESS: Update on Timber Rights Fund Update on Shawn Kelly Estate Public Awareness Campaign MACC memberships currently on hold due to staff shortage MACC Handbook access currently on hold due to staff shortage Application Instructions/Guidelines Staff Access to Munis Accounts Update if any on encroachment issues at: 950 Chase Rd 315 Lancaster Ave Administrative Determinations: 70 Horizon Island Rd 39 Valley Rd Extension Request Permits: Notice of Project Change: Order of Conditions 386 Sunset Ln Certificates of Compliance: 386 Sunset Ln 31 Cushing Ln 176 Elmwood Rd 81 Maple Pkwy ENFORCEMENT: Violations (Enforcement Actions and Hearings) 780 Northfield Rd 390 Howard St NON 205 Sunset (Beers lot) 143 Island Rd 10 Massachusetts Ave 39 Island Rd 1168 Mass Ave Rear 1118 Mass Ave 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 NCLT Site Walk & CR Review - Hawes Hollis Road Residence: Update – Tenant monthly reports Update - Maintenance Work Painting, Trim Committee Reports – Any Update: Communications/Public Comment: Adjourn _: Meeting schedule: Next meeting is December 6th, 2023 at 7:00 PM by Zoom platform