# conservation-commission — 5 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 : 2023-11-15-minutes-3950.txt BOARD : conservation-commission DATE : 2023-11-15 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2023-11-15-minutes-3950.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_11152023-3950 ======================================================================================== ===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 15, 2023, 7:00PM, ZOOM REMOTE Minutes Roll Call: BP, RT, JV , ML, CS and MW Absent: RB Call to Order at 7pm Announcements - none Public Comment- Nick Eaton (441 Townsend Harbor Rd) – stated that at the last meeting, he requested to pave his existing driveway. Rich and Bob recommended it be under a Field Change, so he emailed a statement on 11/6 of what he wanted to do including pictures. He understands they are short staffed, but believes he was left off the agenda by mistake. He is scheduled to have his driveway paved 11/16. Mary replied that the interim staff were not able to get to his email and she just received an email today that Nick had provided all documentation required. She added that Brianna recommended that a silt fence and straw wattles be placed as erosion barriers. The Commission discussed Nick’s request and Rich T. asked for clarification of area to be paved in relation to old driveway. Nick confirmed the driveway will not be as close to the resource area as the previous one. Motion: Bob P., Second: Chris S. To approve Nick’s Field Change at 441 Townsend Harbor Road, with straw wattles as recommended by our administrator. Roll Call Vote was unanimous to approve. Ken Patton stated he wanted to comment on the 255 Sunny Hill Rd project and Mary replied he can make a comment following the hearing for that property. Appointments: Marisa Browning-Kamins -NRWA Riverbank Restoration Grant opportunity- described the riparian restoration grant for native tree plantings along waterways with sparsely vegetated or unvegetated riparian buffer, along with some manual invasives removal. As long as the site is within 200’ of a waterway, they would be interested in hearing the Commission’s ideas. In the spring, they could do one or both restoration activities. The Grant covers supplies and labor. Mary noted there are large areas of Japanese Knotweed and Bittersweet at Table Rock Conservation Area. She screen-shared a map of the area and noted there are National Honor Society students that will be doing some manual eradication along Mulpus Brook in December. Then in the Spring, she said it would be good if they could do more removal. Chris also suggested areas at the Lane property near the bridge. Mary asked Marisa what the next steps would be. Marisa replied she should email the proposal to her and they would meet during the winter to see if it would be a good option. They would then add them to a list to address in early April. Marisa added they welcome volunteers to also help. Mary noted last April they had a group of volunteers remove invasives and she will follow up with Marisa. 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 ===PAGE 2=== single family home and associated site work at 255 Sunny Hill Road. (DEP 208-XXXX)- Justin LeClair, Ed McSweeney, and Brian Marchetti of McCarty Engineering. Justin screen-shared the site plan for the proposed project at Lot 5 of the ANR just approved by the Planning Board. He pointed out the proposed house and driveway to Leominster Rd., indicating the delineated edge of wetlands, the 30’ no-touch, 50’ no-structure and 100’ buffer zone, as well as the pea stone diaphragm and rain garden. It is a limited project under 10.5 33E for a construction of a driveway from a public way to an upland area. They are requesting a waiver for work within the 30’ buffer for a section of the driveway, rain garden and work in the 100’ riparian. Justin said they do not have a number from Mass DEP but did get comments pertaining to the Stormwater Handbook and the proposed rain garden bmp. He noted Graves Engineering (3rd party review) found the project to be in compliance with the Stormwater Handbook. The proposed house will be connected to Town Water and Sewer in the driveway. Mary asked if there will be compensation for the work in the 30’ no-touch zone and Justin replied the Rain Garden would be planted with native species, but they are open to conversation if the Commission wanted more. Mary asked to clarify if they are not altering the wetland, are they clearing within the 30’ no-touch. Justin pointed out the wetland limit and said they will be outside of the actual BBW. They are not filling any wetlands but will be just impacting the 30’ no-touch buffer. Mary asked if they will be taking trees down within the 30’ or 50’ areas and Justin replied yes. He indicated where the erosion control silt fence will be and said clearing will be kept tight to the limit of the grading until they get to the Leominster Rd. access. Mary asked how many trees would be cleared in that area and Justin said he did not have a number but the forester would mark the trees. Mary noted they are asking for a waiver for the 30’ no-touch line without allowing the Commission to understand the impact so they can argue for compensation. Rich T. said he would like to see the trees marked on the map and have a projection on how many will come down. He asked if the grades would be changed for the driveway and Justin said it was planned to maintain the current natural drainage path. Bob noted the aerial view shows a manmade swale behind the existing neighboring property, which appears to drain to the subject lot. Justin indicated the contours on the site plan that allow water to drain to the pea stone diaphragm and would not cause a dam situation. He said the swale may have been done a long time ago, but it has grown in with natural vegetation and they are not altering it. Bob said they will need to continue the hearing because they do not have a DEP number yet and they will need to return with a survey locating all the trees to be cut that are greater than 4” or 6” diameter, breast height. They will also need to indicate how they will compensate for all the trees removed in the 30’ no-disturb zone, per the regulations. Justin asked if the Commission wanted to do a site walk before the next meeting and Mary said she would. Mike L. asked to see a larger version of the rain garden planting list and Justin went over the list, stating the selection is coordinated with their landscape architect. Bob asked if they have staked the house location, 30’ no-touch, limit of work and driveway. Justin replied not yet but they will make sure it is staked prior to the site walk. Bob noted the aerial photo indicated the abutter’s driveway run-off apron and planted shrubs may be overlapping onto this lot. Justin replied there is some clearing but the abutter’s driveway had no edge of pavement off the lot, per the surveyor. Justin confirmed the ANR was signed by the Planning Board and Bob asked if Conservation was their last stop for the process. Justin noted the Planning Board’s Stormwater regulations require them to permit the 3 lots on Sunny Hill with this lot. The Sunny Hill lots are not in the buffer zones but they need to have a final design from Conservation before they go back to the Planning Board for final approval. Justin will send the Commission the link for the drawings. Jeff V . asked about the setback for the house and Justin noted the house is 1’ over the setback. Mary asked for the proposed subdivision drawing and Justin shared it. Public Comment: Ken Paton, 290 Leominster Rd noted he has lived next to this lot for 40 years and it is a very wet area. He pointed out there is water flowing out of the ground year round between his property and the proposed location of the driveway. Ken asked to be present at the site walk to point out the wet area and will email photos to the Commission. He noted the swale was put in 2022 and is a few ===PAGE 3=== hundred feet long. There are underground pipes with water bubbling out into the swale behind the property owned by The Bridge. It picks up all the water coming down the hill in back- possibly from Sunny Hill Rd. Ken noted when Bill Drumm had an engineer out, they flagged an area of the field on the west side of the proposed house as wetlands, so the lot seems to be possibly surrounded by wetlands. He never thought the property would be built on. He noted the drain off his driveway may encroach onto that property but he does not have any shrubs there –it is just brush. Ken added there are a lot trees on the site. He also has a catch basin which picks up water coming down the hill, in addition to a 6” drain and 4” foundation drain that dumps onto this lot. Bob P. asked about the proposed drywell south of the house and Justin replied it is for mitigation of the impervious roof top, per the Stormwater regs. Prior to construction, they will verify the depth of the groundwater and adjust the drywell as needed. Bob noted the GIS map show the contours of the swale would direct water from the hillside onto the house site. Mike and Debbie Chapdelaine, 208 Leominster Rd. –live directly across from the Catacoonamug Brook and agreed with Mr. Paton that it is wet there. It is a valley coming from West St. handling all the water from Sunny Hill Rd. It all ends up in the Catacoonamug which runs from the old Paton Farm on Mass Ave to the Nashua River. Mike added it is wet 12 months of the year. Debbie asked if the hearing is for a waiver of the 30’ no-touch, why bother having them. She assumed they will need to fill in the wetlands and Mary replied they are not but are significantly encroaching in the 30’ no-touch zone. Bob P. noted there are provisions that you can cross wetlands or encroach in order to get to the upland lands, to allow use of usable land. Jeff V . asked why they are subdividing a lot that seems to be unbuildable. Ray Lajoy, 245 Leominster Road -agreed with others about how wet that area is and the town/engineers are not looking beyond the regulations to see how it is impacting those living there. He noted peepers, frogs and other wildlife will be displaced. He is across the street on an incline and now has standing water because there is no place for it to go. Other neighbors are also complaining about water. He is concerned that these projects are changing the small town appeal and it is madness. Dave Rogers, 82 Highland St- said he has lived here 50 years and saw the subject property. In his opinion, it is not buildable and should not even be considered. Christina Senecal – on behalf of her mom at 255 Leominster Road- stated her mother’s property is across from the wetlands. She is concerned about impact to the wetlands and how much damage will occur to other people’s property from runoff at this project. Motion: Bob P., Second: Mike L. To continue the hearing to 12/6/23. Roll Call Vote was unanimous to approve. Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Notice of Intent by Steve Powell for the construction of a single family home and associated site work at 171 Arbor Street. (DEP 208-1308) – Brian Marchetti (McCarty Engineering), on behalf of PSG Realty, screen-shared the site plan and stated this is a 21.3 acre undeveloped parcel in the Residence A zoning. The parcel had earth removal activity 30 years ago, long before the applicant bought it in 2016. They had the wetlands flagged in 2017 and reflagged in 2023. The project is a 4 lot subdivision and Brian pointed out the wetlands border and the buffer zones. There is a priority habitat line bisecting the property, with just over 2 acres in that habitat. Also 2 house lots will impact the buffer zones. Lot 2 has a portion of the house, dry well and rain garden between the 50’ and 100’ buffer zone. It has some miscellaneous grading inside the 50’. Lot 3 shows the house and stormwater infrastructure outside of the 100’ buffer zone. There will be some grading between the 50’ and 30’. Stormwater will be collected by catch basins and discharged to the infiltration basin, which will become and remain town property for maintenance. Nothing will take place within the 30’ zone. They are providing everything to meet and exceed the DEP and Lunenburg standards for Stormwater control. Brian noted they are before the Commission for just Lots 2 & 3. All lots have the pea stone diaphragm along the ===PAGE 4=== driveways to filter stormwater to the rain gardens. Due to being within priority habitat, they were required to file with the National Heritage Endangered Species Program and to hire a state approved environmental scientist to do a habitat assessment on the property which was just submitted for review by National Heritage. The property was confirmed as habitat for the Blanding’s turtle, with the prime habitat located north of the development in the wetlands area. Brian pointed out a sandy area (less than an acre) within the habitat which is considered a prime nesting area for the turtles. In order for the turtles to access it, they would have to fall down a 20’ slope to lay eggs. The recommendation is to reestablish a sandy area closer to the wetlands by excavating a quarter acre flat landing pad. Mass DEP reviewed it, provided a DEP number, and had no comments. Brian stated they are continuing with the Planning Board. Graves Engineering did a 3rd party review for the Planning Board and agreed the Stormwater design was compliant with state and town regulations. There were no comments in regard to wetlands—only regarding subdivision design. Mary stated she had done a site walk with Chris and said they did not see any flags. She asked to do a site walk with their environmental scientist and Brian agreed. Mary asked if they are taking down trees in the 30’ or 50’ zones and Brian replied yes in the 50’, but Mary stated she did not see any on the plan. Brian pointed out the tree line and noted they will be removing trees in the 30’ to 50’ area in the northern portion of the lot and the applicant will be removing gravel in that area, which was included in the NHESP submittal. Chris asked if there will be any town water or sewer and Brian replied it will be private wells and septic’s. The town will only provide electricity. Mary stated she is not in favor of removing trees all along the 30’ to 50’ area in order to protect the habitat and resource area. Brian said the activities proposed follow along with what is stated in the by-laws. She agreed but said tree removal would be to protect house structure or for access to a house structure. Bob noted he has a different point of view on the tree removal and asked why they are continuing the hearing. Mary replied she would like to do a site walk to verify the delineations. Public Comments: John Raudonat, 155 Arbor St. – stated he is the abutter on the lower left corner of the site plan. He indicated his water well is in the upper right corner of his property which is within a 100’ of a proposed septic system and a board of health issue. He was concerned with the disturbance to the water table by the removal of all the trees and change to drainage. Also he was concerned about the encroachment of Lot 2 into the 100’ buffer zone. Brian confirmed the lots would be clear cut to remove the soil. John noted there are dozens of large 18” diameter trees that cover Lots 1 and 2. He asked if they noted the number of trees to be removed and Brian replied it was not required because they are not removing any in the 30’zone. John stated there has been a lot of deer activity behind his house and questioned the disturbance to wildlife. He said he has a view of tall pine trees and did not understand why they would clear cut them, just to get the sand. John spoke to the owner and Brian about leaving a reasonable buffer of trees that would not impact the building. He hoped the Commission would support that idea. Brian noted the septic system on the plan is not the final design. After the lots are approved, the septic will be moved to 100’ feet away from John’s well. They will also make adjustments to the buffers along John’s property lines. Mike and Debbie Chapdelaine, 208 Leominster Rd- Debbie commented that this is another project in which the developer is finding creative ways of getting lots in. They may be going by the regs but they are not looking at the impacts to the abutters and the town as a whole. Motion: Bob P., Second: Rich T. To continue the hearing to 12/6/23. Roll Call Vote was unanimous to approve. Minutes of previous meetings – June 7, 2023 Motion: Bob P., Second: Chris S. To approve the minutes of June 7, 2023. Roll Call Vote was unanimous to approve. The minutes of 11/1/23 will be tabled until the 12/6 meeting. ===PAGE 5=== 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) – Greg Roy (Dillis & Roy), representing the applicants, screen-shared the site plan. He noted the applicants began working on replacing the retaining wall in late September and were notified by Conservation office that they needed to file a Notice of Intent. They contacted Greg’s office because they were unaware of that requirement. They put together and filed a Notice of Intent on 10/2, hoping to be on the 10/18 meeting. Greg said the homeowners were very responsive to the Commission’s notice but were not on the agenda due to office staffing issues. Greg pointed out the existing structures and the 30’, 50’ and 100’ buffer zones. The intent is to replace a failing existing retaining wall with a new block wall. They went out to survey the wall and even though it was removed already, there was clear evidence where the wall had existed. The new wall has been designed in the exact location of the old wall, is located outside of the 30’ no-touch area and there are no trees to remove. Greg received a DEP file number, with a comment relevant to a septic system design which he believed was errant, as they are not proposing any septic changes. Mary did a site visit with DJ and noted there was a silt fence with some straw bales. She suggested adding a few more bales to prevent erosion. Rich T. asked about the original wall material and Greg replied it was wood and believes it will be removed. Greg confirmed DEP did not have any comments pertaining to the wall replacement. Jeff V . asked if there were any pictures of the wall and Chris S. screen-shared pictures of the site. Bob visited the site and has no issues with the application. Motion: Mike L., Second: Chris S. To approve the application along with the addition of more straw bales. 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 Timric Realty Trust for construction of a single family home and septic tank at 20 Kilburn St-Lot 1.-Greg Roy (Dillis & Roy) is representing the applicant and screen-shared a site plan. He noted the 3 lots are part of a 90 acre property owned by Timric Realty Trust. Lot 1 & 2 are on Leominster Road and lot 3 on Kilburn Street. They have been doing soil testing to determine feasibility of septic systems on the lots, due to it being outside of the Sewer Service Area and found 3 suitable areas. Greg stated they prepared a septic plan for Lot 1 and he pointed out the proposed house and driveway. There is an existing driveway as an easement to 2 properties abutting this property. A small portion of the paved driveway would fall within the 100’ buffer zone and would be about 15-20’ of work in that zone. He pointed out the proposed septic system and leaching field grading, which would have about 10’ within the buffer zone. It is being submitted as a Request for Determination of Applicability because it did not seem to be an Order of Conditions since they are proposing very minimal work within the buffer zone. Mary asked Greg to send a plan of the overall project. Jeff V . asked if there is any other access to the rest of the property. Greg said they tested in other areas of the property but did not find suitable soils and they would have to access through wetlands. Chris S. asked what the DEP finding was and Greg noted the DEP did not issue a file number. They emailed comments that they were looking for the overall plan and for wetlands delineation forms. Greg said they had a wetlands professional delineate all the lines with flags and they just need to put the information together to submit. They will let the Commission know when it is submitted. Public Comment- Joan & Philip Hoyt-39 Kilburn St.-live across from the proposed lot on Kilburn for 25 years and have seen a lot of water across the street at all times of the year. There are springs and culverts going under the road that empty water into this lot. Joan noted the lot has been a trash dump for years and may contain hazardous materials such as car batteries, paint cans and tires. She does not understand how the lot could support a house and septic without changing the water flow. There are a lot of wildlife present, which would be displaced. She asked the Commission to do a site visit. ===PAGE 6=== John Carroll- 803 Leominster Rd – lived here for 30 years and has an easement on this property. He noted there is a significant water issue near the road and does not believe there is public water on that section of Leominster Road. Greg said if so, they would need to correct it with a well. They need to have the lots approved as an ANR from the Planning Board and get permits from Board of Health for septic. John noted the family had considered donating this land to the town in the past but it did not happen. Motion: Chris S., Second: Mike L. To continue the hearing to 12/6/23. Roll Call Vote was unanimous to approve. Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Notice of Intent by Timric Realty Trust for construction of a single family home and septic tank at 20 Kilburn St-Lot 2. (DEP 208-XXXX)- Greg Roy (Dillis & Roy) noted the lot is adjacent to Lot 1 on Leominster Rd. The buildable area of the lot is segregated by a wetland and the proposed septic system would be located on the other side of the vegetated wetland. He screen-shared the site plan and noted the wetlands boundaries which have been flagged. The house, driveway and septic system will be located outside of the 50’ no build boundary. However, they will need to install a sewer force main under the vegetated wetlands. Greg is suggesting a temporary disturbance to the wetland resource area to install the force main in an open trench. The septic tank and pump would be installed behind the house. The proposed disturbance in the wetlands is approximately 2,100 sq.ft. and would be re-vegetated after. The force main will be installed in a sleeve so future repairs can be done without disturbance to the wetland area. The species and size of trees in the work area have been noted on the site plan. They are positioning the location of the wetland crossing that would not require any significant tree and canopy removal. It would be understory disturbance that would be mitigated through replicated style plantings. The rest of the work would be outside of the statutory buffer zones and the septic system outside of the 100’ buffer zone as required by Board of Health. Mary stated she did a site walk and noted there are a lot of trees there that are not shown. Greg replied that they were able to find an avenue through that did not result in loss of any trees. They will save the removed wetland soils and reinstall it after the force main is installed. Then will overseed with a New England wetland mix and plant with anchor wetland shrubs. Greg added they will be removing the trees upgradient of the erosion control barrier in a portion of the 50’, to grade to accommodate the house. He did not locate specific trees in that area. Anything within the 30’ would not be removed. Mary asked Greg to put both straw wattle and silt fence around the limit of work. Jeff V . asked how deep the pipe would be and Greg replied it would be below the frost line at 4’. In areas that are shallower than 4’, such as coming out of the pump chamber and entering the D-Box, they will put insulation. Jeff asked how they will excavate a 4’ hole in the wetland area. Greg replied they will have a silt fence for limit of work, track the machine in and be careful to translocate the soil, install the pipe in one shot, and replace the soil. They will restore the area to the original grade. If the ground is not stable, they can use track mats. Jeff asked what type of soils were found in the tests and Greg screen-shared the chart for the soil tests and perk tests. Public Comment- Susan Brownell, 710 Leominster Rd- stated this is a very wet area and noted there is no town water on that section of Leominster Rd. Greg replied they would need to drill a well and be 50’ from the wetlands. Jeff V . noted the water main goes to the corner of Kilburn and looks like it would service those lots. Bob P. noted he has seen work done under roads using horizontal drilling and Greg said it is possible but not economically equivalent to what they are proposing. Motion: Chris S., Second: Jeff V . To continue the hearing to 12/6/23. Roll Call Vote was unanimous to approve. Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Notice of Intent by Timric Realty Trust for construction of a single family home and septic tank at 20 Kilburn St-Lot 3. (DEP 208-XXXX)- Greg Roy (Dillis & Roy) ===PAGE 7=== stated the lot is located on the bend of Kilburn St. and will be completely contained, without any alteration to the resource area. The wetlands have been delineated by a wetlands specialist and flags hung. Greg explained the setup of the house, driveway, and septic system which will be outside of the 100’. The grading in the back yard will go up to the 30’ no-disturb zone, so they are proposing to install some boulders in those areas. Greg said he appreciated all the abutters that took the time to comment earlier and noted they do a lot of due diligence to put the plans together. They will review the reports of trash on the property and noted that activity will cease once a house is built. They understand much of the property is wet but there will still be a lot of land available for wildlife migration after the 3 houses are built. Relative to the 90 acres, they are using a very small portion for the houses. Mary asked to have silt fence added to the straw wattles on the plan. Jeff V . asked if they count stone walls as structures and Bob replied they are proposing a boulder wall to stop erosion, which would not count as a structure. Jeff pointed out there is a 4-5’ grade change between the bottom of the boulders and the top. Greg replied he will review it and will come back with a comment or revision. He added they often put in boulders to make a permanent demarcation so they do not have buffer zone creep. Public Comment – John Carroll 803 Leominster Rd- noted the 3 lots add up to 10 acres and asked Greg what happens to the other 80 acres. Greg replied at the present time it will be held by the family. Phil Hoyt – 39 Kilburn St-noted a prior map showed the lot with ¾ of the way around it being water. On his turn, there is a catch basin which he needs to clean out or there will be a big puddle there. He asked Greg if they would take that into account. Greg replied absolutely and will have it looked at. He added they also need a driveway curb cut permit to be granted by the DPW and they would be looking at those type of issues. Phil noted the catch basin drains across the street, about 100’ into the wetlands. Motion: Jeff V ., Second: Mike L. To continue the hearing to 12/6/23. Roll Call Vote was unanimous to approve. Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Notice of Intent by John Sheehan and Jennifer Pewtherer for a replacement wooden deck with patio at 10 Sunset Avenue. (DEP 208-XXXX)- Greg Roy (Dillis & Roy), Jennifer Pewtherer and John Sheehan- Greg screen-shared the Existing Conditions Plan for 10 Sunset Ave located on Lake Whalom. Presently, there is a retaining wall that exists along the lake with a deck and dock. Greg pointed out the other structures, as well as the house on the tiny lot and noted the 30’ no-touch zone limit and 50’ limit. He stated the applicants are looking to make improvements along the waterfront. The existing retaining walls are in bad shape and the applicants want to replace them with concrete block structures, along with improvements to the terraced areas. They are also working with a landscaping architect to carry out a robust landscaping and revegetation plan. The wall along the lake will be replaced and it sits above the limit for the 100’ flood plain, so there are no issues with flood plain filling. They will keep the dock but the deck will be replaced by an open joint paved patio system. The location will move slightly but will be the same size. The upper wall will be replaced with a new concrete retaining wall, more or less the same place. Another small patio is proposed here of open joint flagstones, with stairway access to the lower patio. The current hedgerow of burning bush will be replaced by native planting beds and Greg has included a list of native trees, shrubs, and grasses. Greg noted they will be replacing a drain on the property which is not functioning and causing flooding. The applicants also plan some future landscaping and rain garden which will be outside of the 50’ buffer zone. They have not received a DEP file number yet. Mary did a site visit with other Commissioners and agree the retaining wall needs to be replaced. She asked Greg how they would keep material from getting into the lake in the new patio area. Greg pointed out the detailed drawings for the wall construction and Jennifer noted the mitigation measures in the writeup. Greg said they will put erosion control barriers in the lake and most likely use a Turbidity Curtain. Chris screen-shared pictures of turbidity barriers. Mary suggested adding a silt fence to the wattles but withdrew the suggestion because it would not be perpendicular to the elevation changes. ===PAGE 8=== Jeff V . asked if there was town sewer and water. Jennifer replied they recently bought the house and hooked up to town sewer but remain on a well. Previously, there was a septic but Dan Proctor did the crushing and filling in. Jeff also asked about a letter from their neighbor in regard to work to be done on their property and Jennifer replied they are working on that. Motion: Chris S., Second: Jeff V . To continue the hearing to 12/6/23. Roll Call Vote was unanimous to approve. Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Notice of Intent by Dan Proctor for a replacement septic system at 85 Chase Road. (DEP 208-XXXX)- Greg Roy (Dillis & Roy)- stated this is an existing 3 bedroom house with a system that needs to be replaced. There are wetlands to the left and back of the house. They are not proposing any work within the 50’ buffer zone, except for crushing and filling the existing septic tank. Greg detailed the work for the new Presby septic system. Soil samples showed slightly higher groundwater levels, so there will be grading contours for the system. Greg believes they received Board of Health approval at their last meeting, so they are just looking for an Order of Conditions from the Commission, but do not have a DEP file number yet. Mary asked for silt fence to be added to the straw wattle erosion control. She added they did a site walk and it seems straightforward. Motion: Chris S., Second: Mike V . To continue the hearing to 12/6/23. Roll Call Vote was unanimous to approve. CONTINUED PUBLIC HEARINGS Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on an Abbreviated Notice of Resource Area Delineation by Kevin O’Brien at 390 Howard Street. (DEP 208-1304)- Mary noted there was a request to continue to 12/6. Motion: Bob P. Second: Chris S., To continue the hearing to 12/6/23. Roll Call Vote was unanimous to approve. Bob noted that in the absence of staff, he got quotes for a 3rd party review of the wetlands delineation as requested by the applicant’s representative. Rich Harris, interim planner consultant, sent him 2 quotes which he forwarded to Matt today. 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)- Butch McGurn and Greg Roy (Dillis & Roy)- Greg screen-shared the site plan for the replacement of the septic system and new well. He noted the Commission asked them to clearly depict the location of Lake Shirley on the map and to add replacement trees for the trees to be removed for the new well. Both items have been noted on the revised plan. Greg stated the trees being removed are outside of the 50’ buffer and the leaching area will be beyond the 100’ boundary, per the Board of Health regulations. A force main will connect the leaching area to the pump chamber. There will not be any changes to the existing dwelling. Mary asked if the mound would be removed, where the well is going in and Greg replied they will be removing some material to get the well rig in. They will only take 3 trees down, as noted on the site plan, which was confirmed by Butch. Mike L. asked if the DEP had any comments and Rich T. confirmed there were none. Mary asked if the drawing was updated to include a silt fence in addition to the wattles and Greg said it just shows the wattles. Mary said they can make the addition of the silt fence an order of conditions and Greg agreed. Motion: Jeff V ., Second: Mike L. To approve with the addition of a silt fence in addition to the standing order of conditions. Roll Call Vote was unanimous to approve. ===PAGE 9=== 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. - Mario Patacchiola stated they had a tree blown down during a storm and it was caught between a few other trees. They called M&M to take the tree away and were on a waiting list. When they did come, he was away and they removed a tree that they did not want removed. He noted the Hickory Hills board okayed it, pending the recommendations of the Commission. Mary stated that Leah had done a site visit and made recommendations. Mike L. asked, given the wrong tree was cut down, are they still looking at cutting the decaying trees or were they also cut down. Mario said the tree that was cut was diseased, unbeknownst to them but they had wanted to keep it for privacy. Mary said Leah had noted they had chipped up branches, leaving them in the 30’ buffer zone and asked to have them removed. When Mary did her site visit they were gone and Mario confirmed they removed them. Bob read Leah’s summary stating the applicant had already installed 2 birches, an oak, a peach and 3 pines and sent pictures. Leah told him the Commission would like an after-the-fact RDA and she asked Ashleigh to assist him but did not ask the homeowner to attend the meeting. On her site visit, Mary saw the plantings but they were finger saplings, only 2’ tall and Jeff V . screen-shared pictures. Mario told Leah he had some saplings from his business promotional and Leah said it would be fine to use them. Mary said the regulation states in the 30’ buffer, they need to replace a tree with 2 trees and they need to be older than these saplings. Leah had referenced 4 trees removed and Mario clarified it was a tree, with a few saplings that grew out at the base. Commissioners questioned if the saplings would survive the winter or if eaten by deer and suggested the replacement trees should be 2’ diameter. Rich T. screen-shared a picture of the 4 tree stumps, noting 1 was diseased but the other 3 were not. Bob guessed the trees may be 40’ from the water. Motion: Jeff V ., Second: Rich T. For a negative determination. Roll Call Vote was unanimous to approve. NEW BUSINESS: Topics unknown 48 hours in advance of meeting NRWA Riverbank Restoration Grant opportunity Staffing Update- Mary reported a new Conservation Administrator, Sophie Dorow, will be starting on 11/27. Also they will have some overlap with the interim and new administrator. Montachusett Regional Planning Commission- Trail Vision Plans -Mary noted they are looking for representatives to help create interconnectivity between townships. Bob added they are also asking for donations of $1K or to donate their 8 free GIS hours to the program. This was also sent to other Commissions and Mary said it would be good to participate or give a donation. OLD BUSINESS: Update on Timber Rights Fund- none Update on Shawn Kelly Estate- Bob sent an email to Heather to use Shawn Kelly money to fund title searches for the 3 parcels they want to acquire through the tax title process. He asked if they need to generate a purchase order but has not heard back yet. Bob said he would like to meet with the town attorney, with Mary’s permission. He wants to discuss the tenant at Hollis Road who was asked to give an accounting of in-kind hours in lieu of market value rent for 3 years. Nothing has been received at all, so they may want to raise the rent to market value. She is paying $10,800/year for rent, which is way below market value. He also wants to ask about starting title searches, the cost estimate and if they could be done serially. The properties are the access road off Page St that goes next to Ken Chenes’ old house, the right of way behind there and thirdly, the swamp land off Mass. Ave. Mary mentioned the swamp land in the middle of Cowdrey but Bob said it does not have a clear title. ===PAGE 10=== Public Awareness Campaign- Mary noted at the last meeting, they discussed putting flyers in the tax bills. Bob reported he got the link for the website and was able to get the current brochure as a word document. He made a few tweaks to it and just needs to find out how to add a QR code. He hopes to have it for the next meeting and Mary said she could help him with the QR code. MACC memberships currently on hold due to staff shortage and Ashleigh was not able to pay the bill. MACC Handbook access currently on hold due to being unable to renew the membership. Greg Roy stated they have one in their office if they need to see one. Application Instructions/Guidelines- on hold pending the start of the new administrator. Staff Access to Munis Accounts: covered previously. Update if any on encroachment issues at: 950 Chase Road – Bob reported it went to court and the judge was skeptical of the town attorney’s opinion that the people moved the shed but the shed was there when they bought the property. The recommendation is to settle. The town attorney (Steve?) reached out to Heather and Bob, but realized Heather would be consumed with Town Meeting. Bob asked to have Mary copied on everything and he wanted to wait for Heather to initiate. This issue was raised after the property changed hands. 315 Lancaster Ave. – on hold pending the start of the new administrator. Administrative Determination: 70 Horizon Island Rd – Bob stated this is Rich Parsons but he is not in attendance because he may not have been invited. He clarified it is an island with a causeway and the owner wanted to take down 2 big white pines. There was a discussion about replacement trees, but the owner was not present and they did not have a diagram with dimensions for how far the trees were from the water. 39 Valley Rd - Bob P. asked Carl Strathmeyer (39 Valley Rd), via the chair, if anyone had done a site visit at his house and Carl replied he Ashleigh told him he was on the agenda for this meeting. Bob noted Carl asked him if he had to come before the Commission in order to cut some trees down. Carl did not know how far the trees were from the wetlands but he did send a diagram showing where the trees are located. Bob checked the Assessor’s map and it does not appear Carl has any trees within 100’ of the brook. Carl said the northern edge of his house is about 200’ from Mulpus Brook. All of the trees he is talking about are between 150’ and 200’ of Mulpus Brook. He has a dead tree (ash borers) that is outside of 200’ and 10 other trees within the 150’-200’ range. Carl talked to Mark Flagg who agreed that the 10 trees could offer some type of risk to the house. Carl asked what he needed to do to get permission to have the trees taken down, since the trees are within 200’ of a perennial stream. He noted he had been in contact with Ashleigh for a month. Mary replied that Ashleigh is clerical support and only limited to 10 hours per week, so she is completely over-stretched. Carl stated he received permission from the Hickory Hills Association, which was contingent on approval from Conservation. The Commission discussed and Mary stated that since the trees are outside of their jurisdiction, they do not need to vote and Carl is okay to proceed. Carl said thank you and Mary thanked him for his patience. Extension Request Permits: Notice of Project Change: Order of Conditions: Certificates of Compliance: 386 Sunset Ln – Mary read Bryanna’s notes stating the site was stabilized and recommended granting a full Certificate of Compliance. This was replacement septic field and Mary screen-shared pictures. Rich T. stated it was an open Order of Conditions that was not closed at the time. Motion: Chris S., Second: Mike L. To approve the Certificate of Compliance. Roll Call Vote: Jeff, Mike, Chris, and Mary – all aye. (Rich T. recused himself and Bob left the meeting) ===PAGE 11=== 31 Cushing Ln – Mary read Bryanna’s notes that the site was stabilized, pictures were attached and she recommended to grant full Certificate of Compliance. Motion: Rich T., Second: Chris S. To approve the Certificate of Compliance. Roll Call Vote was unanimous to approve. 176 Elmwood Rd- tabled 81 Maple Parkway- tabled ENFORCEMENT: Violations (Enforcement Actions and Hearings) – no updates 780 Northfield Road 390 Howard St NON 205 Sunset (Beers lot) 143 Island Rd 10 Massachusetts Ave 39 Island Road 1168 Mass Ave Rear 1118 Mass Ave Emergency Certification: Open Space and Land Use: Grants Update (LCC sponsored, award year 2023) – Mary attended the training on contracts and she is waiting for an answer from the Town Manager about who signs on behalf of the town. Grants Update (LSR sponsored, award year 2022) – Mary reported the snow riders would be at the Lane property on 11/19 to move 12 yards of gravel down the trail to the Peter Charpentier bridge to stabilize 50’ on both sides of the bridge. Timber Sales Conservation Land Improvements NCLT Site Walk & CR Review – Hawes -Mike L. reported the walk will happen on the 11/20 and he will meet with Emily Merloney. He noted that Nick Pirro and his group removed all the material collected and serviced the lawn mowers for the Pollinator Habitat, as well as the Hollis Rd site. The DPW took the bags of invasive materials also. Mary noted a group of National Honor Society students will be removing bittersweet, multi-flora rose and burning bush at the Lane property the first weekend in December. Hollis Road Residence: Update – Tenant monthly reports Update – Maintenance Work Painting, Trim Committee Reports – Any Update Stormwater Task Force – Rich T. reported the meeting will be 11/16 at the DPW building. Communications Public Comment: Rich Tremblay announced this is his last meeting. They have sold their home and will be moving from Lunenburg. He said it was a privilege to be part of the board and thanked the Commissioners that helped him at the beginning. The work of protecting the wetlands is very important and this board has done a great job. He has learned a lot and he wishes the best for the board. Mary said she would miss him and wished him well. Mike L, Jeff and Chris wished Rich well also. Motion: Chris S., Second: Rich T. To Adjourn at 12:08am. Roll Call Vote was unanimous to approve. ===PAGE 12=== Respectively submitted, Jane Ranley Minutes Clerk ======================================================================================== DOCUMENT : 2023-12-06-agenda-6104.txt BOARD : conservation-commission DATE : 2023-12-06 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2023-12-06-agenda-6104.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_12062023-6104 ======================================================================================== ===PAGE 1=== Town of Lunenburg Conservation Commission December 6th, 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 21, 2023 – July 5, 2023 – July 19, 2023 – August 2, 2023 – August 16, 2023 – September 6, 2023 – September 20, 2023 – October 4, 2023 – October 18, 2023 – November 1st – November 15, 2023. Appointments/Hearings – Begin at 7:00pm Appointment 7pm: Update on Town Beach by Lunenburg Parks 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 Sandra Perko for the addition of a deck at 64 Spring Street Ext. 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=== 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 Dan Proctor for a replacement septic system at 85 Chase Road. (DEP 208-1312) 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 208-1313) 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 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 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) ===PAGE 3=== NEW BUSINESS: Topics unknown 48 hours in advance of meeting Potential Educational Ads for Residents Posting of ByLaws Brochures in Town Offices Hollis Road Lease Adjustments Select Board Annual Report WPA Riverfront Dialog Lunenburg Bylaw and WPR dialog OLD BUSINESS: Update on Timber Rights Fund Kelley Estate Funds for Title Search (formal vote) Montachusett Regional Planning Commission – Trail Vision Plans Public Awareness Campaign MACC memberships currently on hold due to staff shortage MACC Handbook access - update Application Instructions/Guidelines Staff Access to Munis Accounts Staffing Update Update if any on encroachment issues at: 950 Chase Rd 315 Lancaster Ave Administrative Determinations: 70 Horizon Island Rd Extension Request Permits: Notice of Project Change: 406 Sunset Ln Order of Conditions: 932 Flat Hill Rd Certificates of Compliance: 31 Cushing Ln 176 Elmwood Rd 81 Maple Pkwy ENFORCEMENT: Violations (Enforcement Actions and Hearings) 711 Mass Ave 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: 493 Mass Ave Mosquito Control Notification Adjourn _: Meeting schedule: Next meeting is December 20th, 2023 at 7:00 PM by Zoom platform ======================================================================================== DOCUMENT : 2023-12-06-minutes-6104.txt BOARD : conservation-commission DATE : 2023-12-06 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2023-12-06-minutes-6104.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_12062023-6104 ======================================================================================== ===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 December 6, 2023, 7:00PM, ZOOM REMOTE Minutes Roll Call: Bob P., Jeff V ., Mike L., Chris S., Mary W., and Sophie Darow (Administrator) Absent: Richard B. Call to Order at 7pm Announcements Public Comment – Bob P. noted he was not present at the end of the last meeting when Rich Tremblay said he was resigning from the Commission. Bob stated this is a tremendous loss for Lunenburg and Rich did an amazing job. He wished he was there to thank Rich – he was a great commissioner. Bob also noted they were discussing trees at the last meeting. He and Mary have different interpretations of the rules regarding trees in the buffer zone. Bob apologized for inferring that Mary was making up her own rules and wanted to say he has the utmost respect for Mary and her integrity. Mary replied she also has utmost respect for Bob’s long experience and volunteerism at the Commission, as well as on the trails. She encouraged anyone with different interpretations to voice their opinions, as that is the strength of the Commission. She thanked Bob for his words tonight. Minutes of previous meetings – October 18, 2023, November 1, 2023, and November 15, 2023 Motion: Bob P., Second: Chris S. To approve the minutes of October 18, 2023. Roll Call Vote was unanimous to approve. Motion: Bob P., Second: Chris S. To approve the minutes of November 1, 2023. Roll Call Vote was unanimous to approve. Bob P. asked to hold the minutes for November 15th to the next meeting, so he can proofread them. Mary thanked Jane for her work on the backlog of minutes. Appointments/Hearings-Update on Town Beach- Mary received an email from Anna Lockwood, chair of the Parks Commission, who asked to move their appointment to the 12/20 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 a Request for Determination by Sandra Perko for the addition of a deck at 64 Spring Street Ext.- Sandra Perko stated she submitted her request on her own and Bryanna came out to do a site visit. Bryanna recommended using this form because there was already a wall on the shoreline and added post holes near the house did not require the Notice of Intent form. Mary shared Sandra’s drawing of her proposed deck. Sandra said the outer edge of the deck would be about 35’ from the lake. Mary read Bryanna’s findings and stated the site area is currently lawn, no trees will be cut, no bank disturbance to the lake and straw wattles will be used for erosion control. A condition of the RDA ===PAGE 2=== would be the current administrator would visit the pre-construction site to inspect erosion controls before any work begins. Mary screen-shared Bryanna’s site photos and noted she visited the site with Chris. Bob asked what she would put under the deck and Sandra replied nothing but will put down stones if it turns to mud. She also confirmed that there will be gaps for water to go through. Motion: Bob P., Second: Jeff V . For a negative determination for a standard order of conditions. Roll Call Vote was unanimous to approve. Sandra confirmed that she will need to put down the erosion barrier and will not start work until the Administrator visits. 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 reported Matt Marro emailed saying they are asking for a continuance, while they pick a 3rd party reviewer. He said the price for the first 2 reviewers was a little high and they want to contact the second reviewer. They also want to see if they can take out looking for vernal pools and work on the price. Matt Marro stated the applicant, Kevin O’Brien, said he could do a site visit anytime this next week and Bob asked Matt if the Building Official could also be present, since there is some stormwater violations and Matt said it would be possible. Bob, Mary, Jeff, and Chris are interested in going. Motion: Bob P., Second: Jeff V . To continue to 12/20/23. Roll Call Vote was unanimous to approve. Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Notice of Intent by Dan Proctor for a replacement septic system at 85 Chase Road. (DEP 208-1312)- Ryan Proctor (Dillis & Roy)- screen-shared the updated site plan and noted the hearing was continued until they received a DEP number, which they now have. The DEP comments were that they needed the property owner to sign the WPA form, which he did via DocuSign. The other comment asked who had flagged the wetlands and he replied the Conservation office had identified them. They have also updated the plan to indicate the silt fence requested by the Commission. Mary noted the wetlands shown on the drawing were consistent with what she observed on her site walk. Motion: Chris S., Second: Mike L To approve the NOI with 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 Notice of Intent by John Sheehan and Jennifer Pewtherer for a replacement wooden deck with patio at 10 Sunset Avenue. (DEP 208-1313)- Ryan Proctor (Dillis & Roy)- screen-shared the updated site plan and noted the project will replace 2 deteriorating retaining walls, one of which is along the shoreline. They are proposing to replace the tiered wooden deck between the walls with a masonry stone patio of the same size. An open joint flagstone level area with recessed stairs will be added to the upper retaining wall area. There will also be some drainage improvements along the northern property line. Ryan noted the Commission had requested a letter of support from the northern abutter, Mr. Rabon, which they submitted on Monday. The second item requested was to add a turbidity curtain in the water to trap sediment along the shoreline, which Ryan has added to the site plan. He noted they received a DEP number and they did not have any comments. Mary stated they had asked for silt fence to be added to the straw wattles and Ryan replied they had discussed that but it was not necessary because the line is perpendicular to the grade lines. Mary agreed and asked about removal of sediment from the lake after construction. Ryan replied that the Turbidity Curtain Detail notes they allow the soil ===PAGE 3=== particles to settle 12-24 hours prior to removal and it will be removed by hand prior to removal of the curtain. Motion: Bob P., Second: Mike L To approve the NOI with 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 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) Stefan McSweeney asked for a continuance until they can sort out having the DEP issue a file number. He asked to continue to the next meeting but will advise if they need longer. Motion: Chris S., Second: Jeff V . To continue 255 Sunny Hill Road to 12/20/23. Roll Call Vote was unanimous to approve. Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Notice of Intent by Steve Powell for the construction of a single family home and associated site work at 171 Arbor Street. (DEP 208-1308)- Mary stated the engineering firm emailed that they were looking to continue. She talked to Mia McDonald who is their circuit rider at DEP about the property. She recommended they do not close the hearing until they get a letter from NHESP and the Commission should consider adopting the conditions on the NHESP approval into their OOC as well. Motion: Bob P., Second: Chris S. To continue 171 Arbor Street to 12/20/23. Roll Call Vote was unanimous to approve. Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Request for Determination by Timric Realty Trust for construction of a single family home and septic tank at 20 Kilburn St-Lot 1.- Ryan Proctor (Dillis & Roy) stated that Greg Roy sent a letter today to request a continuance to 12/20 for Lots 1, 2 and 3 until they can address the DEP comments. Motion: Bob P., Second: Chris S. To continue 20 Kilburn St-Lot 1 to 12/20/23. Roll Call Vote was unanimous to approve. Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Notice of Intent by Timric Realty Trust for construction of a single family home and septic tank at 20 Kilburn St-Lot 2. (DEP 208-XXXX)- Motion: Jeff V ., Second: Chris S. To continue 20 Kilburn St-Lot 2 to 12/20/23. Roll Call Vote was unanimous to approve. Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Notice of Intent by Timric Realty Trust for construction of a single family home and septic tank at 20 Kilburn St-Lot 3. (DEP 208-XXXX)- Motion: Jeff V ., Second: Chris S. To continue 20 Kilburn St-Lot 3 to 12/20/23. Roll Call Vote was unanimous to approve. Notice of Project Change: 406 Sunset Ln -Mary stated the masonry contractor had requested a field change. Ryan Proctor (Dillis & Roy) screen-shared the site plan and noted the project was permitted at the end of 2022. They came back to the Commission in the summer for a walk-out to the proposed house addition with mitigated plantings on either side. They are now asking to install some recessed granite steps into the approved retaining wall, with the steps leading into the property, so nothing will be any closer than previously approved. They will leave the lower limit of the erosion control and will route the upper erosion control around the new limit ===PAGE 4=== of work to prevent soil erosion for the upgradient work. Bob asked what the square footage would be for the steps and since they will be granite, which are impervious, is there a way to make the steps pervious. Nancy Malady (homeowner) said the previous railroad ties were impervious. Brett Ramsden noted that currently the steps are a metal pool ladder attached to railroad ties, which someone would need to pull themselves up onto to get out of water. The idea is to install granite steps to make it easier to climb out of the water, which would be safer and last longer. Ryan noted the area is about 42 sq. feet. Jeff V . visited the site and noted the lake has been drawn done about 3-4’, with erosion control in place. He added that Brett has started the wall and he supports adding the steps. Motion: Bob P., Second: Jeff V . To approve the field change as proposed. Roll Call Vote was unanimous to approve. Order of Conditions: 932 Flat Hill Rd- Mary noted the participants were not present and Sophie will need to follow up with the engineer as well as the resident. She noted they drove by the parcel earlier today. Certificates of Compliance: 31 Cushing Ln – Mary asked if Sophie was familiar with this and she replied not yet. Bob stated that Bryanna looked into it and sent an email on 11/19 with the Certificate of Completion (COC), which she was sending into the DEP. Mary noted it is now closed. 176 Elmwood Rd- No one was present regarding this parcel and Mary asked Sophie to look into it. 81 Maple Parkway- No one was present regarding this parcel and Mary asked Sophie to look into it. ENFORCEMENT: Violations (Enforcement Actions and Hearings) 711 Mass Ave- Sophie reported she did a site visit on 12/ 4 with Anne and Brian. They noticed a little portion of the silt fencing was not installed properly although the rest was done correctly and there was visual disturbance in the 30’ no-disturb buffer zone from a large piece of equipment. Ruts were visible but the actual plan did not show any plans to encroach in that area, which is a violation. There was a lack of wetland flagging or she could not locate some of them. The silt fencing was deviated from the original plan where the traffic entrance was moved. Sophie issued a cease and desist, noting the erosion controls were not in the ground and the wetlands needed to be clearly marked. She wants the applicant to address these issues and submit updated plans showing the deviations from the original plan. Sophie screen- shared photos of the parcel, showing vegetation slashed and removed in the 30’ buffer. She also found a blue flag on the ground and noted a dump truck in an entrance going to another parcel which was not the entrance indicated on the plan filed with the Commission. Matt Nowlan (property owner) said they can fix the silt fence. In regard to the 30’ no-touch, Matt stated it was very difficult to clear the trees on the parcel and they entered the 30’ zone to clear out a couple of dead trees. They have shut down the back entrance and are using the front entrance as indicated on the site plan. Matt noted that a skidder went in to take the dead trees out. Chris said he could not make a decision either way because he did not know what it looked like before. Bob said he did a site walk a couple years ago when it was first approved and it was pretty overgrown, but he does not see any need to go into the no-disturb zone., where all the vegetation was flattened. Since a wetland flag was found in the middle of the no-disturb, Bob said it sounds like they went into the bordering vegetation area and the resource area. Sophie screen-shared the site plan and indicated the area where the wetland flags were missing. She also pointed out where the truck tracks occurred. Mary stated they are looking for a restoration plan but Matt said he disagreed they were in the resource area. He agreed they had gone into the 30’ no-touch and would replace vegetation. Sophie confirmed that the truck tracks were in the resource area. Jeff suggested Matt could geo-locate the wetland flags and the Commission would then do another site walk. Matt said he would ask the engineer to GPS locate the wetland flags and do a replication plan. Mary asked Matt to contact Sophie when the ===PAGE 5=== flags are put in, so she can notify the Commission for a site walk. Matt agreed to do so asap. Jeff asked if the cease and desist order would stay in place and Sophie replied that she issued a cease and desist order – not an enforcement order. It will be in place until they do the site walk and get a restoration plan in writing. Then they can talk about lifting the cease and desist. Matt asked what he needs to do before he can resume work. Mary replied correct improperly installed silt fence, make sure the silt fence is aligned with the approved plan, restoration plan for the disturbance within the 30’, and replacement of the wetland flags. Matt will hand deliver the restoration plan to Sophie. Mary said they will reconvene at the next meeting after Matt has made all the corrections, which Sophie will confirm. 780 Northfield Road – Mary noted this is Jim Lattanzi’s Christmas tree farm and a hearing was planned for when a new administrator was hired. Bob said Jim had not been notified to attend a meeting. He noted that they were going to issue Jim a friendly enforcement order to replace the culvert and replicate some wetlands, based on a recommendation from Mia McDonald (DEP). Bob added Jim is more than willing to do this but he suggested Jim wait until they have issued the enforcement order. He suggested Sophie invite Jim to the 12/20 meeting and she agreed. 390 Howard St- Bob noted this is Mr. O’Brien’s property and neighbors sent pictures of water flowing out to the road containing silt, but that area is not wetlands. Mary stated a neighbor complained about silt going into his pond and he was going to get permission to walk the stream through other properties. Bob said they have not heard back from him but asked Sophie to follow up. NON 205 Sunset (Beers lot)- Mary reported they have an active application they are working on. 143 Island Rd – was closed 11/15/23. 10 Mass Ave- Bob stated Leah had told them to file an RDA and to put up straw wattles, for erosion control but to his inowledge, the owner had not either one. He asked Sophie to follow up. 39 Island Road- has active Orders of Conditions. 1168 Mass Ave Rear – Mary noted there have been complaints of removal of trees in wetland area and paving a gravel road adjacent to a perennial stream. She asked Sophie to look into this. 1118 Mass Ave- Mary stated they had issued an administrative determination and permitted him to take down trees, with replacements. Mary asked Sophie to look at it to confirm the replacements are done. NEW BUSINESS: Topics unknown 48 hours in advance of meeting Potential Educational Ads for Residents – Mary reported Bob had updated the flyer and she needs to get a QR code to link to the website. Bob noted their website page has been reorganized without their input. The trail maps are missing, as well as other state and bylaw information. They will reorganize the webpage prior to adding the QR code. Posting of Bylaws Brochures in Town Offices – Mary stated there are bulletin boards in the Town Hall and Ritter Building without information on wetlands. Bob also suggested posting at the Eagle house too. Sophie will print information to post. Hollis Road Lease Adjustments- Bob said they have had the same tenant since the lease was signed in 2013. It expired in 2018 and the tenant is now month to month, so the Commission is able to raise the rent or terminate at any time. The tenant is currently paying $810/month--well below market rates and Bob has been told they could charge as much as $2,000/month. The tenant pays a reduced rate because they are expected to do so many hours of work on that property or other conservation properties each month. Two years ago, the Commission asked the tenant to document their hours but they have not received any reports. The Commission also asked the town attorney to send the tenant a letter to request the work documentation but has still not received a response. Bob suggested talking to the town attorney about options, which he will present to the full board. Chris asked for background information on the property. Bob stated that the Hawes family wanted to donate the land to the Lunenburg Conservation Commission ===PAGE 6=== but there was an existing residential house. They wanted the house to be maintained as a residence, so Bob believes for the first several years, a Conservation employee lived there for free. Later Jim Lattanzi moved in at a below market lease and did a lot of repairs on the house, which was in pretty bad shape. The rent money goes into a revolving fund for improvements on the residence or the surrounding Conservation land, including the Pollinator Habitat. When Jim moved out, it was rented to Ken Jones’ brother and his spouse, but they got divorced, so it is now just the spouse and her 2 daughters living there. Mary asked Bob to go to town counsel for options and he will. Jeff suggested advising the tenant and he asked Sophie to notify them. Select Board Annual Report- Mary stated the Select Board notified all the Boards and Commission had to give a report at the 11/28 meeting. She only saw the email recently but did up a report with Bob’s template, to list all the volunteers’ work at the Conservation properties and the Pollinator Habitat. She also noted the big project done by the Lunenburg Snow Riders and also the challenges caused by staffing issues in the office. Mary will post it to the Drive for everyone’s feedback. WPA Riverfront Dialog – Mary said she and Bob have been talking about protection for trees and wildlife afforded by the state and town bylaws. She added that Richard Bursch donated memberships to gain access to the MACC Handbook. Mary sent the Commissioners excerpts from the Wetland Protection Act Riverfront section to start a dialog on what is the right thing to do. She also sent excerpts from the Lunenburg Bylaw and the Wetlands Protection Regulations. Chris said he read them and they will be helpful in future hearings. Mike agreed and Mary suggested having a wetland scientist or other experts come to a meeting as an ongoing learning process. Jeff suggested having a workshop instead to not add time to a meeting. Mike noted that he just attended a great event by Doug Tallamy on his book “The Nature of Oaks”. He said it showed how great a role trees play in our environment-whether wetland or not and the oak is the keystone of all trees. Mike added he would like the Commission to advocate for a balance and there are a lot of viewpoints on cutting down trees indiscriminately. Bob stated they have held workshops in the past, especially when they revised regulations, holding some on the 5th Wednesday of some months. He said the regulations should be clearif replacement trees are required and there should be criteria listed for not allowing the cutting of trees 90’ from the resource area. Bob pointed out the wetlands bylaw talks about wetlands as resource areas and the regulations define the buffer zone as a resource area. That would mean they would not allow anyone to do anything in a buffer zone without a Notice of Intent. When they make a decision, there should be a clear connection between what they are asking the applicant to do and protecting the environment. Mary added they should be looking to the regulations to tell them what to do. Bob said the workshops were for the Commission to focus discussion on a topic and they could bring in an expert. Jeff suggested looking at what they have done in the past and it may not be fair to have a new interpretation on new applications. Chris cautioned there could be some danger if the bylaws are too restrictive or they leave too much open to interpretation. Bob said making changes to the regulations requires 2 public, televised hearings which will bring in a lot of public interest. He said their decisions and reasoning need to be informed by the regulations. Commissioner Opening- Mary noted they are looking for a new Commissioner to fill Rich Tremblay’s vacant seat. Rich had forwarded a contact who was interested and Mary talked to him, but he withdrew his interest because he could not meet on Wednesdays. She encouraged Commissioners to talk to residents that would be a good addition to the Commission. Bob suggested inviting those with talent bank forms to attend a meeting to find out if they are really interested. OLD BUSINESS: Update on Timber Rights Fund- no updates. Bob called Gary Goldrup but he never got a call back. He noted that they contract with Gary, who is a forester, to devise forest cutting plans. The Commission approves the plans and Gary sends them out for foresters to bid on. He gets a percentage of the timber sales and makes sure the cutting plan goes as approved. ===PAGE 7=== Kelly Estate Funds for Title Search (formal vote) – Bob stated they had not taken a formal vote to use funds for title searches at the property off Page St and the swamp in the middle of the Cowdrey property. Heather (Town Manager) said she would see to it that a purchase order was generated for $1,000 for title searches and they could add to it if needed. Motion: Bob P., Second: Chris S. To approve using Kelly Estate Funds for Title Searches. Roll Call Vote was unanimous for approval. Montachusett Regional Planning Commission- Trail Vision Plans – no update Public Awareness – already discussed. MACC memberships and MACC Handbook access– Mary noted Rich B. got the handbooks but she thought you needed a membership to access it. Bob said he talked to Ashleigh who was told by Steve in Accounting that a check was generated for MACC. Ashleigh will follow up with Steve. Bob added they need to see what is left in that account for Commissioners to attend training. Mary noted she was unable to log into MACC but could use the access code to get into the Handbook. Bob added Ashleigh needs find out where they stand with MACC. Staffing Update – Mary welcomed Sophie Darow who started 11/28 as the new Administrator. She was previously Conservation and Planning agent in Gardner. Application Instructions/Guidelines Staff Access to Munis Accounts Update if any on encroachment issues at:. 950 Chase Road Bob said he will contact Heather for an update on this litigation. 315 Lancaster Ave. Administrative Determination: 70 Horizon Island Rd- Bob stated this is Rich Parson’s 3 trees, for which he needs to file an RDA. Bob asked Sophie to contact Rich regarding filing the RDA. Extension Request Permits: Emergency Certification: Open Space and Land Use: Grants Update (LCC sponsored, award year 2023) – Mary needs to follow up with Heather regarding signing the grant contracts. Grants Update (LSR sponsored, award year 2022)- Mary reported they had a huge turnout on 11/18 and had a lot of business sponsorship. There were 17 volunteers and lot of compact tractors to move the gravel in the Lane parking area to stabilize the trail near the bridge. They also used the staged soil to patch the eroded areas coming off of the parking area and filled in ruts at the trail access near the Holman Bridge. Mary said some vendors gave them donation receipts for their gear and professional operators. She needs to figure out the match for the gravel. Lunenburg National Honor Society –had 23 volunteers come to the Lane Property last weekend to spend 5 hours cutting Oriental Bittersweet and Multi-flora rose. They dug out roots along the yellow trail and made a big dent in the bittersweet at the red trail near Mulpus Brook. The DPW gave them heavy duty construction bags to bag up the invasives which Mary will be burning in her firepit over the winter. Timber Sales Conservation Land Improvements NCLT Site Walk & CR Review- Hawes – Mike reported that he met with Emily Marleno to walk the Hollis Road property, so she could see the debris they had removed. Emily was glad to see it had been taken away. They also hiked to where the timber was cut down and removed. Emily will send a report to Sophie. Mike asked Emily about expanding the shed on the property for storage and she will look into it. Hollis Road Residence: Update – Tenant monthly reports ===PAGE 8=== Update – Maintenance Work- Mike talked to Chris Ruth (Facilities) who reported the Painting and Trim is complete and Nick got paid. He believes the ACME carpet business was also paid. Mike suggested having the heating system serviced again. He asked if he should get Chris involved or contact Cam’s Heating directly. Bob suggested contacting Chris and Mary said she can add it to the next agenda. Mike said he would talk to Chris, but he wanted to have the service scheduled as soon as possible. Motion: Bob P., Second: Mary W. To allow Mike to reach out to the servicing contractor. Roll Call Vote was unanimous for approval. Mike also said he is looking into Habitat for Humanities to see if they can find some used, but serviceable cabinets to replace the cabinets in that house and he possibly has someone to install them. Committee Reports – Any Update Communications 493 Mass Ave Mosquito Control Notification – Mary was notified they will be doing some treatment at 493 Mass Ave. Bob said he thinks they are digging out mosquito ditches. Public Comment: none Motion: Chris S., Second: Mike L. To Adjourn at 9:58pm. Roll Call Vote was unanimous for approval. Meeting schedule: Next meeting is December 20, 2023, at 7:00 PM by Zoom platform Respectively submitted, Jane L. Ranley Minutes Clerk ======================================================================================== DOCUMENT : 2023-12-20-agenda-6134.txt BOARD : conservation-commission DATE : 2023-12-20 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2023-12-20-agenda-6134.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_12202023-6134 ======================================================================================== Mary Wilson, ChairBob Pease, Vice ChairRichard Tremblay, ClerkRichard BurschJeffrey VivianoMichael LaroucheChris St. Germain Tel: (978) 582-4146 960 Massachusetts Ave. Lunenburg, MA 01462 Ashleigh Denio Conservation Assistant December 20th, 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/81161286155Meeting 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 21, 2023 – July 5, 2023 – July 19, 2023 – August 2, 2023 – August 16, 2023 – September 6, 2023 – September 20, 2023 – November 15, 2023. Appointments/Hearings – Begin at 7:00pm Appointment 7pm: Update on Town Beach by Lunenburg Parks 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 John Potter for a garage addition at 22 Fairbank Rd. (DEP 208-1314) 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) (Continued from 12/6/23) 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) (Continued from 12/6/23) 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) (Continued from 12/6/23) 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. (Continued from 12/6/23) 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) (Continued from 12/6/23)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) (Continued from 12/6/23) NEW BUSINESS:(Topics unknown 48 hours in advance of meeting) Authorization to write commitment letter for MRPC trails vision grant with up to $1000 or 8 hours GIS time 318 Howard st OLD BUSINESS:Update on Timber Rights FundUpdate on Title Searches MACC and MSMCP Memberships Staff Access to Munis Accounts Encroachment Issues: 950 Chase Rd 315 Lancaster Ave Administrative Determinations:Extension Request Permits:Notice of Project Change: Order of Conditions:932 Flat Hill RdCertificates of Compliances:176 Elmwood Rd81 Maple Pkwy ENFORCEMENT: Violations, Enforcement Actions, and Hearings: 711 Mass Ave 780 Northfield Rd 390 Howard St NON 205 Sunset (Beers lot)10 Massachusetts Ave 1168 Mass Ave Rear Emergency Certifications: 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: Lease Agreements Committee Reports – Any Update:Communications/Public Comment: Adjourn _: Meeting schedule: Next meeting is January 3rd, 2023 at 7:00 PM by Zoom platform Town of Lunenburg Conservation Commission ======================================================================================== DOCUMENT : 2023-12-20-minutes-6134.txt BOARD : conservation-commission DATE : 2023-12-20 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2023-12-20-minutes-6134.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_12202023-6134 ======================================================================================== ===PAGE 1=== Town of Lunenburg Conservation Commission   Mary Wilson, Chair Tel: (978)582-4146 Bob Pease, Vice Chair Richard Tremblay, Clerk 960 Massachusetts Ave R i c h a r d B u r s c h Lunenburg, MA 01462 J e f f r e y V i v i a n o Ashleigh Denio Michael Larouche Conservation Assistant Chris St. Germain   December 20, 2023, 7:00PM, ZOOM REMOTE Minutes Roll Call: Bob P., Rich B., Mike L., Chris S., Mary W., and Sophie D. (Administrator) Absent: Jeff V . Call to Order at 7pm Announcements & Public Comment – there were none. Minutes of previous meetings – 11/15/23 and 12/6/23 Motion: Bob P., Second: Mike L. To approve the minutes from 11/15/23. Roll Call Vote was unanimous to approve. Motion: Bob P., Second: Chris S. To approve the minutes from 12/6/23. Roll Call Vote was unanimous to approve. Mary thanked Jane Ranley for her work on the backlog of minutes. Appointments/Hearings- Update on Town Beach by Lunenburg Parks- Ana Lockwood praised the Commission on all their good work done during some very long meetings and extra work performed when short staffed in the office. She noted that they had requested during the summer to add more sand to the beach, which was approved along with a request to recover some sand during the process. The beach is open 7-8 weeks and this year they had 2,700 visitors. The addition of the sand did improve the enjoyment of the beach. Ana read Chris Ruth’s (Facilities) report that Lakeview Landscaping came in with their bobcat to scrap the sand from the water’s edge and re-deposited it on the upper part of the beach. They then added new sand to the beach and used their rake attachment to smooth and grade the beach. This process allowed them to use less sand and to make it smooth to help prevent runoff from the road. The DPW added a higher asphalt berm on the edge of the road to prevent erosion and oil/water contamination from running into the lake. Ana screen-shared pictures of the work on the beach. She added that Lakeview came back during the week of December 12th to scrape more sand from the water’s edge, which is now 1 foot lower, and deposited it at the top of the beach, to be spread in the spring. Chris S. told Ana he appreciated seeing all the pictures of the work done. 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 John Potter for a garage addition at 22 Fairview Rd. (DEP 208-1314)- Matt Marro, representing Mr. Potter, screen-shared the site plan, and noted the Notice of Intent is for a proposed attached garage to a single-family home. It was issued a DEP ===PAGE 2=== number without any comments. Matt flagged the bordering vegetative wetland as noted in the site plan. There is a pre-existing shed in the 30’ no touch zone and the 50’ no build line is noted also on the plan. He said Mr. Potter originally wanted a detached garage but it would not have worked on the lot. Instead he is proposing removing the existing carport and enclosed porch and adding a 30’ x 36’ new attached garage. There will be no structures in the 50’ buffer zone and there will be erosion protection set up to allow work to take place without any further intrusion. Mary and Chris walked the parcel and she noted there was a large trailer parked right up next to the wetland. Matt noted the trailer will be removed once the garage is built. Rich B. asked if they would be going to the ZBA for the setback. Matt replied the Building Commissioner said the side-setback does not require a variance but requires a special permit with a finding, but he did not think it would be a big deal. Mary asked what they will use for erosion control and Matt replied a minimum 8” wattle compost sock. Motion: Bob P., Second: Rich B. To approve the Notice of Intent, with Standard Order of Conditions. 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 an Abbreviated Notice of Resource Area Delineation by Kevin O’Brien at 390 Howard Street. (DEP 208-1304) (Continued from 12/6/23)- Kevin O’Brien (applicant) and Matt Marro present. Mary noted that they did a site walk a week ago and noticed a lot of concerns. Bob said he, along with Mary, Jeff, Brian Gingras (Building Inspector) and Matt Marro (Mr. O’Brien’s representative) did the walk on the prior Tuesday. They were looking for the wetland flags from the 2008 Delineation that Jamie Rheault assured were survey located and rehung. They found wetland flags hung on blades of grass and goldenrod and there were large areas with no wetland flags at all. Since the 2008 delineation, a lot has been happening there and some of the wetlands have been disturbed. Some of the wetlands from 2008 are no longer there and new wetlands have been created. They also saw evidence of some pretty dramatic erosion. Bob suggested that Mr. O’Brien be asked to have his engineers survey re- locate all the 2008 wetland flags on permanent stakes and to have the wetlands re-delineated under today’s conditions, due to the dramatic alteration of the wetlands. Bob noted there was a sign on a tree that a stormwater permit had been issued by the EPA, in conjunction with an enforcement issue. During the staff shortage, he reached out to Richard Harris (Land Use Consultant) who gave him names of 2 companies for 3rd party review. Matt asked if he could contact one of them and Bob said yes, but he found out the consultant works for the town. Rich B. noted there has been a lot of grading on the site, but the submitted plan does not show all the work that has been done. He suggested an updated plan should be submitted. Kevin O’Brien screen-shared the plan on his iPad, indicating the flagging, crossings and areas cleared. He noted the EPA came out last December and fined him for not stabilizing his piles. Kevin asked the Commission where the flags were missing. Bob replied it was very clear when they visited that the flags were missing and they may have replaced them after their visit but before Mr. O’Brien’s visit. Bob reiterated the flags should be hung on permanent stakes or fairly large trees or shrubs – not on vegetation. If all the flags are hung, they could go back for another visit. Kevin said he put up 400 flags on the right side going into the site with the engineer from Haley Ward at the end of November. Rich (Haley Ward) went out 2 days later to finish hanging flags on the left side and Kevin wanted to be clear he did not go out to hang flags after the Commission did their site walk. He also asked why the building inspector would be going out on a site walk. Brian Gingras (Building Inspector) stated he went on the site walk because it is a potential future project and he wanted to become familiar with the site area. Also, there had been concerns from neighbors about run-off. Kevin asked Brian if there was any issue with the house he removed a while ago and Brian replied there was a permit, so they are fine. Bob stated that there ===PAGE 3=== were 5 people on the site walk and they could not find any wetlands flags on the western side of the property. He asked Kevin if all the wetland flags had been put on stakes or woody vegetation. Kevin said he was not sure and thought some may be on grass or fine twigs. He will go out with the stakes and make sure the flags are visible before the Commission does their site visit. He noted the ribbon that was put out 6-8 months ago all disappeared so that is why they used metal tags which last longer. Mary suggested that if Kevin cannot attend the site walk, he walks the property with Matt to confirm where the flags are. Bob suggested having someone from Haley Ward attend the site walk. Matt said he will work with the office to set up a site inspection date and he will go out prior to that date with Kevin to make sure everything is there. Anything missing will be rehung. The Commission discussed timing for the site walk but will pick a time later. Motion: Bob P., Second: Mike L. To continue 390 Howard Street to 1/17/24. 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 Stefan McSweeny for the construction of a single family home and associated site work at 255 Sunny Hill Road. (DEP 208-XXXX) (Continued from 12/6/23)- Stefan McSweeney reported that they still do not have a DEP number and are seeking to not be put on the agenda until they receive that number. Motion: Bob P., Second: Chris S. To continue 255 Sunny Hill Road to 1/3/24. 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 Steve Powell for the construction of a single family home and associated site work at 171 Arbor Street. (DEP 208-1308) (Continued from 12/6/23)- The applicant asked to continue the hearing while working with NHESP and answering their questions. Motion: Mike L., Second: Rich B. To continue 171 Arbor Street to 1/3/24. 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 Timric Realty Trust for construction of a single family home and septic tank at 20 Kilburn St-Lot 1 (Continued from 12/6/23- Applicant or representative not present. Motion: Rich B., Second: Chris S. To continue 20 Kilburn St-Lot 1 to 1/3/24. 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 Timric Realty Trust for construction of a single family home and septic tank at 20 Kilburn St-Lot 2. (DEP 208-XXXX) (Continued from 12/6/23) Applicant or representative not present. Motion: Rich B., Second: Chris S. To continue 20 Kilburn St-Lot 2 to 1/3/24. 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 Timric Realty Trust for construction of a single family home and septic tank at 20 Kilburn St-Lot 3. (DEP 208-XXXX) (Continued from 12/6/23) Applicant or representative not present. Motion: Rich B., Second: Chris S. To continue 20 Kilburn St-Lot 3 to 1/3/24. Roll Call Vote was unanimous to approve. ===PAGE 4=== NEW BUSINESS: Topics unknown 48 hours in advance of meeting -Mary noted that with Rich Tremblay leaving the Commission, they have also lost their Stormwater Task Force representative. Mary asked for a volunteer to represent the Commission on the Task Force. Bob suggested waiting until later. Legal Ad Process – Mary asked who pays for the legal ads. Bob said for over a year they have asked applicants to write a check to the Lunenburg Ledger. Prior to that, the applicants would write a check to the town but the ad cost came out of the Land Use budget. In a busy year, it could drain that account. He stated it is a mystery why they can’t place ads in the Lunenburg Ledger now. The applicants could also place ads in the Sentinel but at a higher rate and would be seen by a smaller Lunenburg group. Mary said the public is used to seeing the ads in the Ledger and they would need to let residents know they were switching. Matt said when Nadia was Administrator, she would write the legal ad and send it to the Ledger, who would send the applicant an email with a link to pay online. The applicant would need to pay by a deadline or the ad would not run. Matt said other towns are doing a similar process where the applicants pay over the phone or online. Sophie said she had no information about the problem with the Ledger. She added that Gardner also uses an online system for the payments. Mary asked Sophie to call the Ledger to propose a process similar to what she used in Gardner and request a statement showing which payments were missed. Authorization to write commitment letter for MRPC trails vision grant with up to $1000 or 8 hours GIS time – Bob noted Heather (Town Manager) has already written the grant and the 8 hours GIS time belongs to the Planning Board. He added that the last time it came up for discussion, no one was interested in participating, but it occurred to him that MRPC would be doing the work. Also it would not be happening until 2025 and they should at least participate to get benefit from the grant. Bob asked to note the agenda item as a FYI item. April Earth Day Events Planning – Mary noted last year they partnered with the Parks Department to host a month of Lunenburg Earth Events. She does not have time available to organize it this year and Anna Lockwood (Parks) time is consumed by Marshall Park project. Mary suggested socializing the request for members of the public to form a work group for 2024. 318 and 390 Howard St.- Bob stated there were complaints from neighbors about silt coming off these properties and they were going to try to set up a site walk to look at evidence of the siltation downstream. Mary screen-shared and indicated the property on the Mass Mapper satellite picture. She had received complaints about the siltation flowing off the property into the storm drains. However, the property at 318 Howard does not have wetlands so it is not jurisdictional. Bob suggested that 390 Howard should be tracked under the complainants’ addresses. Kevin O’Brien stated that 318 Howard is the house he owns and he put a septic system in the past couple months. When they were pumping out the septic area to a grass swale, some ground water went down the street but they controlled it. He followed it to the next catch basin but it did not go down to the New West Townsend Road or to Pearl Brook. Kevin said he walked down there while doing the septic to keep an eye on it. He agreed with Matt that most of the towns send ads to the paper and the applicant pays for the ad or they do not get on the meeting. OLD BUSINESS: Update on Title Searches – no update MACC and MSMCP Memberships – Mary noted she and Chris have access to the Handbook. Chris said he will look into the membership status. Rich B. stated that he had donated for memberships and the MACC handbook but received a call confirming the town had paid for the memberships, so he donated just the Handbooks for everyone. Mary said she has not been successful logging in to the educational page and she is interested in taking more classes. ===PAGE 5=== Staff Access to Munis Accounts – Bob said that it was possible that Ashleigh was submitting requisitions but they were not getting approved at the department head level, since no one is filling Adam’s job yet. There are continued issues and Sophie did not have any information. Mary said she will follow up with Ashleigh. Educational Ads for Residents – The Commission will aim for end of March for the brochure. Posting of Bylaw Brochure in Town Offices- Sophie will work on this after she clears the backlog of critical items. ENFORCEMENT: Violations (Enforcement Actions and Hearings) 711 Mass Ave – Matt Nowlan said they have hired a wetlands scientist to design a plan. Sophie did a site visit today and noted the entrance was relocated to the original plan location. There were crushed rocks to stabilize that area and mulch to stabilize near the erosion control. Sophie screen-shared pictures of the site, showing the mulching, erosion control, flagging and areas that were disturbed. She noted the erosion controls are similar to the original drawings, but somewhat changed from what she saw. The other entrance has been closed off but there has been a lot of movement in the upper right corner so she does not know how it matches up with the plan it was supposed to follow. Sophie confirmed that the erosion control is not stopping all the water from flowing off the property – it looks like it is going under the erosion control. Sophie noted the applicants have provided a detailed plan and narrative for correcting the damage to the 30’ no-touch zone. Matt Nowlan said they have a restoration plan drawn up by Three Oaks Environmental (MaryAnn DiPinto-wetlands scientist). Haley Ward went out to restake the silt fence to the correct position, all the wetlands flags were rehung and survey located. The restoration plan states how much of the resource area and wetland was disturbed and how it will be properly seeded to revegetate. Sophie screen-shared the restoration plan and Mary read the list of corrections completed and recommendations for seeding to restore the wetland and buffer strip. Mary stated they need to correct the spillway that is escaping the erosion control and Matt replied he can only correct that if he can get back to work on the site. Sophie screen-shared the original site plan and indicated where the retention basin is. Matt noted that is where the proposed emergency riprap spillway is half-way installed. There is a pipe with a valve to let the water out. Matt added in the center there is a proposed stormceptor with 4 bays and riprap. The water is escaping because there has been so much rain and they just started the site work. Matt said they have to install the stormceptor and all the drainage, per their special permit, before the building permit is issued. Mary asked if they let him get back to work and send Sophie out in 2 weeks, would there be any escapes from the silt fence? Matt replied it will be corrected. Motion: Chris S., Second: Bob P. To lift the cease and desist at 711 Mass Ave and let him install the proposed stormceptor. Roll Call Vote was unanimous to approve. Mary confirmed to Matt that the Cease and Desist is lifted and he can begin work tomorrow. The Enforcement stays open until he does the reseeding. 780 Northfield Road – Pierce’s Tree Farm – no update yet 390 Howard St -done earlier in meeting. NON 205 Sunset (Beers lot) -tracking this 10 Mass Ave- no update 1168 Massachusetts Avenue Rear – no update Update if any on encroachment issues at: 950 Chase Road – Bob reported he met with Town Counsel and the Town Manager. The next step would be to get a price for moving the shed and other materials on Conservation land. The Town Manager ===PAGE 6=== authorized him to speak to Chris Ruth (Facilities), who has already had someone out there. Bob said the cost is in the neighborhood of $9,000 and he will go back to Town Counsel and Town Manager to see what the next steps are. Bob noted in Counsel’s communications there was a stipulation that they can cross the owner’s land to remove the shed. Chris S. asked how they arrived at $9K for removing the shed and Bob replied it is a small barn that was built in place. The cost is for demolition and removal. 315 Lancaster Ave.- no update Order of Conditions: 932 Flat Hill Rd.- still tracking this-goes back to hearings in old minutes. Certificates of Compliance: 176 Elmwood Rd – no request for closure yet 81 Maple Pkwy - no request for closure yet Open Space and Land Use: Grants Update (LCC sponsored, award year 2023) – Mary reported all the contracts were signed and the Town Manager has returned them to Mass Trails. Next Mary will go online to do the Grant initiation forms. Then they can start going through the formal quote process and Bob will work on it again. Grants Update (LSR sponsored, award year 2022) – no updates. Conservation Land Improvements- Mary reported there were more trails worked on and marked in the Table Rock Conservation area by a volunteer from the National Honor Society. He gave Mary a map indicating the Blue and green trails marked. Mary thanked Bob for all his work in putting up handrails at the Lane Property. Bob asked Mary to share the map of the marked trails at Table Rock. He just submitted to Montachusett Regional Planning GIS department the updates and changes for the Lane Property and Large Town Forest Maps. He also will do a new map for the Hollis Rd Hawes property and updates for the Table Rock map. Mary will send Bob the updates. Bob also noted he had previously shown a map of Table Rock with some proposed connecting loop trails. A local volunteer has completed one of those connecting loops and he has offered to build some stream crossing bridges. Bob will ask him to provide a map showing where those bridges are proposed, so the Commission can give permission to provide materials from their Maki account. When Bob finishes at the Lane property, he will work on the Table Rock property. Mary stated she found an old spring well off of the blue trail at Table Rock and Bob said a volunteer found a spring well in the woods, covered by 2 large rocks. Mary noted at the Lane property, she is concerned there may have been some damage to culverts when the gravel was moved. Bob stated he found grants for replacing culverts and asked Bill B. (DPW) if the culverts on Conservation cart paths are eligible. Bill said maybe, but Bob is gathering information so they can call the Grant people to determine if they should pursue it. Mary added she could put together another proposal to ask the LSR to help repair the culverts. NCLT Site Walk & CR Review – Mike L. reported they received a letter in regard to enlarging the blueprint on the shed. According to Emily Marleno, they do not have the right to do that- it needs to stay within the footprint of any building. Bob read from the Conservation restriction, stating that rebuilding an existing building in the same or smaller footprint if damaged or destroyed, would be subject to prior written approval of the grantee, which is NCLT. Hollis Road Residence: Update – Maintenance Work – Bob stated they have an existing caretaker agreement signed in 2013 and it expired in 2018, so it has been month to month since then. Currently, the caretaker, Corinne Jones, pays an amount far below the market rate for renting a single family house. The caretaker was expected to do work on the house or at a Conservation property. Two or three years ago they asked Corinne to document her work time but they never received anything. A letter was sent in May from the town attorney but still no response. Bob suggested they look at the lease and consider doubling the rent. The money would go into the Hawes Fund, which can be spent only on the Hollis Road property. Bob is researching into the Fund, to see if it could also be spent at other Conservation properties. Mary asked Corinne if she is doing ===PAGE 7=== the volunteer work and if she has a log. Corrine replied she has not made a log and cannot find a copy of the lease from 2013. She noted that she maintains the lawn and does the snow blowing. She would like to do a new lease, so she is clear about the terms and what she should be doing. Corrine said she was sorry for not responding to the attorney but she has had a rough 5 years. Bob read the wording of the lease agreement, stating the monthly rent of $ 850/month, due on the 5th, plus 30 hours each month of uncompensated work on any Conservation land. The record of work will be sent to the administration assistant. Bob noted in the lease, it states the tenant is responsible for mowing the lawn and shoveling the driveway. It needs to be clarified if the lawn and snow removal counts as part of the 30 hours. Mary asked Bob to send a copy of the lease to Corinne and she noted many tasks for trail clean-ups, etc. that would count for the 30 hours. Mary suggested creating a Google sheet for tracking work time. Bob said he would like to straighten out the potential use of the money and he would like to share the details of the lease. Mike L. suggested there are a lot of things that can be done at the Hollis Road property, such as the kitchen cabinets and other improvements. Mary suggested having an agreed upon reserve for on-going or high value repairs. Mike L. noted that Cam’s Heating was coming today to do service work on the heating system. Corinne confirmed the service was done and asked if there was a schedule for other work to be done. She noted that water came in near the chimney when it was raining. Mike will let Chris Ruth know. Public Comment: none Motion: Chris S., Second: Mike L. To adjourn at 9:35pm. Roll Call Vote was unanimous to approve. Respectfully submitted, Jane L. Ranley Minutes Clerk