# conservation-commission — 8 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 : 2024-01-03-agenda-6151.txt BOARD : conservation-commission DATE : 2024-01-03 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2024-01-03-agenda-6151.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_01032024-6151 ======================================================================================== ===PAGE 1=== Town of Lunenburg Conservation Commission January 3rd, 2024 7:00 PM Revised 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 – December 20, 2023. Appointments/Hearings – Begin at 7:00pm NEW PUBLIC HEARINGS Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Notice of Intent by Raymond & Gloria Clouthier for the replacement of a single family dwelling and associated structures at 37 Pearl Street (DEP 208-1315). 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 December 20th to January 17th). 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=== Meeting schedule: Next meeting is January 17th, 2024 at 7:00 PM by Zoom platform 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). (Continued from December 20th to January 17th). 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 December 20th to January 17th). 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 December 20th to January 17th). 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 December 20th to January 17th). NEW BUSINESS: Topics Unknown - 48 Hrs Advance of Meeting 73 Horizon Road - Discussion OLD BUSINESS: Update on Timber Rights Fund Update on Title Searches MACC Memberships Staff Access to Munis Accounts Encroachment Issues: 950 Chase Rd - Shed Removal 315 Lancaster Ave - Contant Owners Administrative Determinations: Extension Request Permits: Brockleman Pond (DEP 208-0936) Notice of Project Change: Order of Conditions: Certificates of Compliances: 176 Elmwood Rd - Site Walk 81 Maple Pkwy - Site Walk ENFORCEMENT: Violations, Enforcement Actions, and Hearings: 780 Northfield Rd - Tree Replacements NON 205 Sunset (Beers lot) 10 Mass Ave - Site Visit for Waddles 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 & Tenant Responsibilities Property Maintenance Committee Reports – Any Update: Communications/Public Comment: Adjourn _: AMENDMENTS: Added Brockleman Pond to Extension Request Permits ======================================================================================== DOCUMENT : 2024-01-03-minutes-6151.txt BOARD : conservation-commission DATE : 2024-01-03 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2024-01-03-minutes-6151.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_01032024-6151 ======================================================================================== ===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   January 3, 2024, 7:00PM, Zoom Remote Minutes Roll Call: Jeff V ., Mike L., Chris S., Mary W. and Sophie Darow, Administrator Absent: Bob P. and Rich B. Call to Order at 7pm Announcements & Public Comment- none Minutes of previous meetings – none reviewed and minutes of 12/20 to be reviewed next meeting. Appointments/Hearings- 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 Raymond & Gloria Clouthier for the replacement of a single family dwelling and associated structures at 37 Pearl Street (DEP 208-1315) - Ryan Proctor (Dillis & Roy), representing the owners, screen-shared the locus map to indicate the location of the property. He stated that Pearl Street is a dead end street on a peninsula on Lake Shirley. The property currently consists of a cottage, detached garage, detached shed and a screened in gazebo near the lake. The existing cottage lies entirely within the 100’ wetland buffer zone and has a well under the drain manhole in the existing driveway. It is also served by a private sewage disposal septic system which lies within the 50’ wetland offset, with potentially a portion within 30’ no-touch zone. Ryan stated the owners are proposing to demo the cottage and garage. They will construct a new single family house with an attached garage and new driveway, with access on Pearl St. They will continue to use the existing well but replace the septic system with a new geo-mat pressure system with a treatment tank, which will be entirely outside of the 50’ wetland offset. The new house will be further away from Lake Shirley, with a significant decrease in the impervious area of the buffer zone, as indicated in his impervious area summary table- decreasing that area from 2,591 sq. ft to 1,284 sq. ft. There will be no trees removed from within the buffer zone and 2 trees removed about 150 ft from the lake. Other than landscape beds, they are not proposing any vegetation removal from the site. Erosion control of straw wattles and silt fence will be placed around the limit of work and on each property line. Ryan noted they appeared before the Board of Health, which granted their special approvals for local upgrades. Also last week, the ZBA granted their special permit for demolition of the existing cottage and construction of the new house on the property. Ryan added that they have a file number from the DEP and there were no comments associated with it. Mary W. noted that Ryan’s plan hit all the points and she appreciated the addition of the silt fencing, with the straw wattles. She asked Ryan about the existing gazabo, which he replied will remain in place. Mary said when they did the site walk, the Commissioners questioned whether the gazabo was permitted to be in place and asked Ryan when it was permitted. Ryan replied he did not know ===PAGE 2=== and the owners purchased it in March 2023. Mary noted the earlier plan indicated the gazebo would be removed and Ryan replied it was changed on the revised plan sent this morning. Ray Clouthier stated the property has been in the family for 13 years and they inherited it 3.5 years ago from the owner who passed away. He had been before the Conservation Commission a couple of years ago regarding the gazebo. They allowed him to install a non-permanent screen room, which is used for storage of lawn furniture now. The Commission told him to flatten the land and take down the retaining wall, which he did. Jeff stated that a couple years ago, the Commissioners were on a site walk in that area and Matt Marro noticed some stonework being done at 37 Pearl St. He added that the property owners were installing a stone walkway and a patio where the gazebo now sits. Jeff believes they had to remove the stones and prior to that there was not a gazebo there. Motion: Jeff V ., Second: Mike L. To approve 37 Pearl St. with the 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 12/20/23 to 1/17/24). Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Notice of Intent by Stefan McSweeny for the construction of a single family home and associated site work at 255 Sunny Hill Road. (DEP 208-XXXX) – Mary stated that no one was present to speak and their engineering firm said they had a lot of questions they were working on for the DEP. She proposed it be continued to 1/17/24. Motion: Chris S., Second: Jeff V . To continue 255 Sunny Hill Road hearing 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 Steve Powell for the construction of a single family home and associated site work at 171 Arbor Street. (DEP 208-1308) (Continued from 12/20/23 to 1/17/24). – No representative was present and Mary asked for a vote to continue to 1/17/24. Motion: Chris S., Second: Mike L. To continue 171 Arbor 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 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 12/20/23 to 1/17/24). Greg Roy (Dillis & Roy), representing the applicant, stated that they probably could have gone through with their Request for Determination of Applicability on this but they are waiting for comments from the DEP on the other 2 lots, so they thought it best to wait until they could address them all together. Therefore, he asked for a continuance. Mary thought the DEP had told her that they wanted the RDA to be handled at the same time as the 2 NOI, because there was some interdependency. Greg agreed that the DEP said that but he did not agree, but he is choosing not to argue. Motion: Chris S., Second: Mike L To continue 20 Kilburn St-Lot 1 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 Timric Realty Trust for construction of a ===PAGE 3=== single family home and septic tank at 20 Kilburn St-Lot 2. (DEP 208-XXXX) (Continued from 12/20/23 to 1/17/24). Applicant requested a continuance. Motion: Chris S., Second: Mike L To continue 20 Kilburn St-Lot 2 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 Timric Realty Trust for construction of a single family home and septic tank at 20 Kilburn St-Lot 3. (DEP 208-XXXX) (Continued from 12/20/23 to 1/17/24). Applicant requested a continuance. Motion: Rich B., Second: Chris S. To continue 20 Kilburn St-Lot 3 to 1/3/24. Roll Call Vote was unanimous to approve. NEW BUSINESS: Topics unknown 48 hours in advance of meeting 73 Horizon Island Road – Greg Roy (Dillis & Roy) screen-shared an aerial view of the property owned by Mr. & Mrs. Levesque. They are working with architect Ron Albert, as well as Dillis & Roy for engineering permitting and consulting. They are proposing an addition at the site, which is near the causeway on Horizon Island Road. Greg suggested to the property owners that it would be prudent to informally discuss the proposed project with the Conservation Commission before proceeding. He noted that they have not done any surveying work yet but have taken public information and assessor’s map to determine the 30’ no touch line and 50’ no build line from the Hickory Hills Lake. Greg indicated the property lines and the existing dwelling which appears to be outside the 30’ zone but is partially in the 50’ no build. It is a very tight lot and in addition to Conservation requirements, they also have underlying zoning requirements, which will require at least a special permit from the ZBA. He noted that the area under the proposed addition is previously approved yard area and is not impervious. The proposed addition would be built within the 50’ no-structure zone which would require a waiver from regulations. They would propose keeping it out of the 30’ no-structure zone and keep it no closer than the existing building. Greg said he is looking from feedback from the Commission. Chris asked about the foundation and Greg replied he believes a full foundation but is not certain. Mary said she does not think they can allow it because the property already comes encumbered with a lot of incursions in the 30’ no-touch, which were grandfathered. Jeff agreed with Mary and said the lot is just too small to really add any structure to unless they did a tear-down to build up. Mike L. agreed that this would open the floodgates to more construction in places where they have said no in the past. Chris said it is a tough spot to be adding to. Greg said he appreciated their feedback and candor. OLD BUSINESS: Update on Timber Rights Fund – no update yet. Update on Title Searches – Bob has been working on this. MACC Memberships – Mary reported that the memberships are all turned on and everyone needs to either do a password reset or new member log on. She was able to look at all the offered classes and encouraged Chris to look at the training webinars. Staff Access to Munis Accounts- Sophie stated they are ok because Ashleigh now has permissions to access and Mary will take it off the agenda. Update if any on encroachment issues at: 950 Chase Road- Shed Removal – Mary reported Bob is working with Town Counsel on this. 315 Lancaster Ave.- Mary told Sophie to keep this on her low-priority list for summer. ===PAGE 4=== Administrative Determination: Extension Request Permits: Notice of Project Change: Certificates of Compliance: 176 Elmwood Rd - site walk – on Sophie’s backlog. 81 Maple Pkway – site walk – Sophie reported she did a site visit today and uploaded photos. Mary stated that the administrator usually pulls the original Order of Conditions and during the site visit, will check to see if everything required was done, including seeding and establishment of plants. Sophie stated that she noticed a small 6” plastic pipe going through the silt fencing and straw, with water coming out. She noted the grass came in very well but there was one spot where the silt fencing failed, with a lot of sediment buckling the silt fence. She is not sure how long it has been like that but there must have been a time when it wasn’t maintained. Other than that, everything is re-vegetated from what she could see. Sophie said she did not think the silt was near the wetland delineation line. Mary suggested doing another site visit and was concerned that the silt would move with the next rainstorm. Sophie screen-shared the photo of the failed silt fencing and noted she did not see any wetland flags in that area. She also shared the picture of the pipe and Mary noted the pipe was not there last year when she visited. Mary suggested that the silt needs to be stabilized with seeding or something so it is not moving. Chris asked if the project is nearing completion and Mary replied yes-that is why they are asking for a Certificate of Compliance. He asked when the silt fencing would come down and Mary replied they can do so after they get their Certificate of Compliance. Mary added that they just need to pass that one area. Jeff was concerned about what the pipe was for and if the house was for but Mary and Sophie did not know. Mike said it should be explained why the pipe is there and that they can’t give the Certificate tonight. Mary asked Sophie to contact the residents to tell them they have to seed that area and fix the silt fence until the soil is seeded. Also, since the pipe is not on the plan, the Commission needs to know what the pipe is doing and what they will be doing with the pipe long term. ENFORCEMENT: Violations (Enforcement Actions and Hearings) 780 Northfield Road- Mary noted this is the tree farm. The owner wanted permission to resurface and use an access on to Northfield Rd from the farm. In order to do this, he needed to replace an existing culvert. An abutter was concerned about that replacement and had reached out to DEP, who said it would be a friendly enforcement. The owner was asked to put in a larger culvert, which he agreed to and Sophie will need to ask him to attend a meeting to discuss the culvert. NON 205 Sunset (Beers lot) 10 Mass Ave – Site Visit for Wattles – no update yet. 1168 Mass Ave Rear Emergency Certification: Open Space and Land Use: Grants Update (LCC Sponsored, award year 2023)- Mary reported she has sent the required grant initiation paperwork and Heather has sent the signed contract to the state. They are just waiting for word from the grant administrator that they are working on the signed award letter. Grants Update (LSR Sponsored, award year 2022) – Mary reported the group will be going out to do small trail improvement and taking out some stumps with a stump grinder on the loop trail. The plan is to go on 1/7 but will reschedule if there is a snowstorm. The Snow Riders are volunteering their time for the work and the grant will be used to purchase an ATV for winter grooming, along with trail improvement in the off-season. ===PAGE 5=== Timber Sales Conservation Land Improvements – no update. NCLT Site Walk & CR Review – Hawes- already discussed. Hollis Road Residence: Lease Agreements & Tenant Responsibilities - Property Maintenance – Mike reported that he talked to Chris Ruth about the leak mentioned by Corinne Jones, who said it leaked during driving rains. Chris sent Nick Morrison who did the flashing on the chimney and they think the water may be coming in through the cricket which is just above the chimney. They suggested putting a temporary patch on the cricket to see if it solves the issue of water coming in. If it does, they will do a more permanent repair on that part of the roof. Jeff said the temporary patch would be ice & water shield. If the temporary fix works, Mike suggested putting it on the agenda next year to get some numbers on a permanent repair. Committee Reports – Any Update – Mary noted that the Select Board will be interviewing the 2 candidates for the open Commission position. She has talked to both people who are viable candidates and would be a good addition to the mix. Communications/Public Comment: none Motion: Chris S., Second: Mike L. To Adjourn at 8:21pm. Roll Call Vote was unanimous to approve. Respectfully submitted, Jane Ranley Minutes Clerk ======================================================================================== DOCUMENT : 2024-01-17-agenda-6351.txt BOARD : conservation-commission DATE : 2024-01-17 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2024-01-17-agenda-6351.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_01172024-6351 ======================================================================================== ===PAGE 1=== Town of Lunenburg Conservation Commission January 17, 2024 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 – December 20, 2023. Appointments/Hearings – Begin at 7:00pm NEW PUBLIC HEARINGS 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 December 20th to January 17th). 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 Mary Wilson, Chair Bob Pease, Vice Chair Vacant, 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=== Meeting schedule: Next meeting is February 7th, 2024 at 7:00 PM by Zoom platform from January 3rd to January 17th). 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 December 20th to January 17th). 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 December 20th to January 17th). 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 December 20th to January 17th). 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 December 20th to January 17th). NEW BUSINESS: Topics Unknown - 48 Hrs Advance of Meeting Invoice Payment Process 32 Cortland Circle OLD BUSINESS: Update on Title Searches MACC Classes Encroachment Issues: 950 Chase Rd - Shed Removal 315 Lancaster Ave - Contact Owners Administrative Determinations: Extension Request Permits: Brockleman Pond (DEP 208-0936) 100 Summer Street (DEP 208-1165) Notice of Project Change: Order of Conditions: Certificates of Compliances: 120 West St - Site Walk 176 Elmwood Rd - Site Walk 81 Maple Pkwy - Site Walk ENFORCEMENT: Violations, Enforcement Actions, and Hearings: 780 Northfield Rd - Culvert NON 205 Sunset (Beers lot) 10 Mass 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 Harvests - Rayno Contract Renewal Conservation Land Improvement Hollis Road Residence: Lease Agreements & Tenant Responsibilities Property Maintenance Committee Reports – Any Update: Communications/Public Comment: Adjourn_: ======================================================================================== DOCUMENT : 2024-01-17-minutes-6351.txt BOARD : conservation-commission DATE : 2024-01-17 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2024-01-17-minutes-6351.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_01172024-6351 ======================================================================================== ===PAGE 1=== Town of Lunenburg Conservation Commission   Mary Wilson, Chair Tel: (978)582-4146 Bob Pease, Vice Chair Vacant, 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   January 17, 2024, 7:00PM, ZOOM REMOTE Minutes Roll Call: Rich B., Jeff V ., Chris S., Bob P., Mike L., and Sophie D. (Administrator) Absent: Chair, Mary W. Call to Order at 7pm by Mike Larouche Announcements & Public Comment- none Minutes of previous meetings – none are ready to vote on. NEW PUBLIC HEARINGS - none 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 12/20/23 to 1/17/24). Kevin O’Brien stated that at the last meeting on 12/20 they talked about having a site walk at the Howard Street property and thought the walk was scheduled for 12/27. He and Matt Marro were there but no one else came. He is now asking when the site walk can be done. Kevin stated that the board had previously visited and found the flags on the right side of the property but could not locate those on the left. Kevin and Matt walked the 4 or 5 sets of flags on the left side of the property on 12/27. He asked how the board would like to proceed now. Mike L. asked him if he had photos of the flags in question and Kevin said he could get photos and videos. Kevin suggested having Matt Marro contact Bob Pease. Mike asked Sophie if she would contact Bob and Sophie agreed to schedule and attend a site walk with Bob or Mary. Mike asked if Kevin was ok with a continuance and he agreed but wants Matt Marro there too. Motion: Rich B., Second: Chris S. To continue 390 Howard Street hearing to 2/7/24 with office, chair or vice-chair reaching out to reschedule the meeting with Mr. O’Brien’s agent, Matt Marro. 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 1/3/24 to 1/17/24) – No representative was present and Mike asked for a vote to continue to 2/7/24. Motion: Rich B., Second: Chris S. To continue 255 Sunny Hill Road hearing to 2/7/24. 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 ===PAGE 2=== family home and associated site work at 171 Arbor Street. (DEP 208-1308) (Continued from 12/20/23 to 1/17/24). – No representative was present and Mike asked for a vote to continue to 2/7/24. Motion: Rich B., Second: Chris S. To continue 171 Arbor Street to 2/7/24. Roll Call Vote was unanimous to approve. Mike noted that Dillis & Roy have requested a continuance for the following 3 hearings to 2/7/24 because they are still awaiting DEP numbers. 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 12/20/23 to 1/17/24). Applicant requested a continuance. Motion: Rich B., Second: Chris S. To continue 20 Kilburn St-Lot 1 to 2/7/24. 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 12/20/23 to 1/17/24). Applicant requested a continuance. Motion: Rich B., Second: Chris S. To continue 20 Kilburn St-Lot 2 to 2/7/24. 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 12/20/23 to 1/17/24). Applicant requested a continuance. Motion: Rich B., Second: Chris S. To continue 20 Kilburn St-Lot 3 to 2/7/24. Roll Call Vote was unanimous to approve. NEW BUSINESS: Topics unknown 48 hours in advance of meeting – Chris stated a Notice of Intent for 37 Pearl St. was added today but Rich B. pointed out they cannot address it due to not being on the agenda and not properly notified. Invoice Payment Process – passed over. 32 Cortland Circle – Rich B. stated a hearing cannot be opened due to it not being on the agenda. Sophie stated this item was under new business because a person asked her about the property and the pond maintenance. They told her they would attend the meeting, but no one is present. Chris stated that it is in reference to water issues on Flat Hill and the discussion will need to move to another meeting. OLD BUSINESS: Update on Title Searches – MACC Classes – Mike said that Mary was encouraging Commissioners to sign up for classes. Rich B, Jeff V ., and Chris S. noted they were able to sign in and also access the Wetlands Guide. Update if any on encroachment issues at: 950 Chase Road- removal of the shed – no update 315 Lancaster Ave.- no update Administrative Determination: Extension Request Permits: ===PAGE 3=== --Brockleman Pond (DEP 208-0936)- Sophie stated this is an aquatics invasive vegetation extension and the Commission needs to take a vote. Chris screen-shared the letter, which Mike read aloud, asking for a 3yr. extension of the Order of Conditions for continued maintenance of the pond at 56 Cross St. Chris said the request seems very straight forward and put forward a motion. Motion: Chris S. (not seconded) To grant the extension for Brockleman Pond. Discussion: Rich B. said he would ask for a brief update on the activities that took place during the current application period of 3 years and their goals for the next 3 years. Rich pointed out that the pond is in the Mulpus Brook watershed area. Jeff noted that the old order expired on 1/13 and asked if that would be an issue. Sophie stated they had submitted the request in time but it was the Commission’s error it was left off the last meeting agenda. She noted they would have 30 days from 1/17 to submit a small narrative, so the Commission can vote on it. Rich said he is not looking to hold it up and would vote on it tonight. He would like to see a brief narrative of what they have been treating for, treating with, the treatment dates and what their continued plan will be. Motion: Rich B., Second: Chris S. To extend the current application for 3 years and request a narrative on the activities for the last 3 years and what their continued plan would be for the next 3 years. Roll Call Vote was unanimous to approve. --100 Summer Street (DEP 208-1165) – Chris screen-shared the application for an extension to the Order of Conditions to 2/25/27. Rich asked if the request is for the property where the marijuana dispensary was going in and Mike replied yes. Sophie noted that the request for extension was voted on and approved previously. It was also Docu-signed recently. Notice of Project Change: Certificates of Compliance: --120 West Street -Site Walk – Sophie reported that the site walk has been completed and she is waiting for them to provide the actual request documentation. --176 Elmwood Road- Site Walk – Sophie said she has not been able to visit that property yet. --81 Maple Pkway- Site Walk- Sophie reported that the site walk has been completed and this was discussed at the last meeting. She is waiting to receive the actual request for a COC. She was told that the black plastic pipe discussed at the last meeting is actually on the neighbor’s property. Sophie talked to the contractor who said they will put hay bales in the washed out area to stabilize it until they can seed in the spring and fix the fence. ENFORCEMENT: Violations (Enforcement Actions and Hearings) 780 Northfield Road – Jim Lattanzi stated he did a site walk with DEP in late summer/early fall and had put in a bigger pipe to update it 1½ years ago. The concern from DEP was the discharge side of the pipe was not in substrate and they wanted him to upsize the pipe, setting it lower into the substrate, which he agreed to do. He believes this hearing is to tell him the Order of Conditions is to put the larger pipe in but he has not had any communications or seen any Order of Conditions. He was asked to attend a meeting a month ago but had a prior commitment and this is the follow-up meeting. Jim stated he does not believe the upsizing of the pipe will require any permitting because as a farm, he is allowed to do maintenance. He does not want to proceed until he gets the official word from the Conservation Commission. Sophie said she has limited background information and was asked to invite Jim to the meeting. Mike asked if she had copies of the comments from DEP and Sophie replied they would be on the portal. Jim stated he has not received anything from DEP and noted DEP made verbal recommendations to Bob P., who said ===PAGE 4=== Lunenburg ConCom would handle the enforcement themselves. Jim said he can wait until the full Commission is present and Rich B. suggested moving it to the next agenda. NON 205 Sunset (Beers lot) – Sophie had no updates. 10 Mass Ave- Sophie reported her next steps are to contact the landlord or owner. She noted the past administrator visited the site and saw they were doing work without erosion controls. Sophie recently did a site visit and said there are erosion controls now but she is not confident that they are installed properly or working properly. She discussed this with Mary and the next step would be to send a 2nd letter to request they file with the Conservation Commission. As of now, there is no filing for the work they are doing. The prior administrator sent the 1st letter which asked the owner to file for an RDA. Sophie will call the property directly to obtain contact information. 1168 Mass Ave Rear – no update. Emergency Certification: Open Space and Land Use: Grants Update – no update Timber Harvests – Rayno Contract Renewal – Bob asked the Commission to vote for approval. Motion: Rich B., Second: Chris S. To approve timber harvesting on the Rayno property and authorize the Chair or Vice-Chair to sign the contract as they see fit. Roll Call Vote was unanimous to approve. Conservation Land Improvement – no update. 123 Hollis Road Residence-Property Maintenance Work – Mike reported that Chris Ruth (Facilities) was going to instruct Nick Morrison to put a patch on the roof, to see where the water is periodically coming through. Unfortunately, Chris has been out and Mike could not get an update. Committee Reports – Any Update- Rich B. reported that he attended the last Master Plan Committee meeting and they are moving forward with town wide surveys, to see what direction residents want to see the town going in. The surveys are available on the Master Plan Committee website at planlunenburg.org. They are also having an open meeting on 2/1 at the Lunenburg Senior Center, with 2 sessions to choose from - 4-6pm or 6:30-8:30pm. Communications - Topics unknown 48 hours in advance of meeting – Rich noted they received an email from the Vice- Chair who is requesting permission to consult with Town Counsel to review a letter of violation on 390 Howard Street, which is currently under an ANRAD. The Commissioners agreed to give permission. Motion: Rich B., Second: Chris S. To direct and give permission to the Vice-Chair to discuss 390 Howard Street with Town Counsel. Roll Call Vote was unanimous to approve. Public Comment: Sophie asked to give some information on the transfer from the Google Drive to SharePoint. She talked to Mary and spent 2 hours on the phone with IT. It is going slow but IT will be copying files over in the background and will work through any issues with her. The next step would be to know if anyone is having issues accessing SharePoint. Jeff stated he logged on earlier and all the files were there, but tonight they are gone. Sophie said they archived everything into folders separately because those were the files she moved over. They are making a back-up in case anything goes wrong when they do the transfer again, which is why the files do not show up now. Chris said when he tried to log on, he got prompted for username and password which he does not know, but he will talk to IT. Mike thanked Sophie for the update. Rich asked how he can get on SharePoint and Sophie replied she sent an invitation through email. Jeff noted they use SharePoint at work and they have issues. Rich asked Sophie ===PAGE 5=== to give his email address to IT. He noted that he was in the first loop a couple months ago when they started to transfer files from Google to SharePoint but never heard anything back from IT. Rich said he was set up as the emergency contact but the username and password were maintained in Adam Burney’s office (Planning Board/Land Use). Jeff noted the archive file was full now. Sophie stated that nothing will be removed from the Google Drive until the whole process is complete. She added that IT will set up a demo session also. Rich asked if everything will be on SharePoint for the next meeting and Sophie replied she was not sure because they have run into issues, but it will all be on the Google Drive. She will let everyone know if something changes. Mike thanked everyone for their help as this was his first time chairing a meeting. Motion: Rich B., Second: Chris S. To adjourn at 8:33pm. Roll Call Vote was unanimous to approve. Respectfully submitted, Jane L. Ranley Minutes Clerk ======================================================================================== DOCUMENT : 2024-02-07-agenda-6398.txt BOARD : conservation-commission DATE : 2024-02-07 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2024-02-07-agenda-6398.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_02072024-6398 ======================================================================================== ===PAGE 1=== Town of Lunenburg Conservation Commission February 7th, 2024 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/83508358226 Meeting ID: 835 0835 8226 One Tap Mobile: +16469313860,,83508358226# US Phone callers may unmute by pressing *6 AGENDA Call to Order Announcements Public Comment: Comments are to be limited to 3 minutes and on a subject matter under the direct jurisdiction of the commission. Comments about current agenda items are to be made during the comment period of the specific agenda item. Please address all comments to the Chair. Minutes of previous meetings: June 21, 2023 – July 5, 2023 – July 19, 2023 – August 2, 2023 – August 16, 2023 – September 6, 2023 – September 20, 2023 – December 20, 2023 – January 3, 2024 – January 17 2024 Appointments/Hearings – Begin at 7:00pm NEW PUBLIC HEARINGS 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 January 17th to February 7th). Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Notice of Intent by Stefan McSweeny for the construction of a Mary Wilson, Chair Bob Pease, Vice Chair Vacant, 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=== Meeting schedule: Next meeting is February 21nd, 2024 at 7:00 PM by Zoom platform single family home and associated site work at 255 Sunny Hill Road (DEP 208-XXXX). (Continued from January 17th to February 21st). 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 January 17th to February 7th). 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 January 17th to February 7th). 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 208-1316). (Continued from January 17th to February 7th). 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 208-1317). (Continued from January 17th to February 7th). NEW BUSINESS: Topics Unknown - 48 Hrs Advance of Meeting Gas for Pollinator Habitat Lake Shirley Improvement Corp. Annual Report 70 Horizon Island OLD BUSINESS: Update on Title Searches 32 Cortland Circle 780 Northfield Rd – Culvert MS Sharepoint/OneDrive Login Validation MACC Classes Encroachment Issues: 950 Chase Rd - Shed Removal 315 Lancaster Ave - Contact Owners Administrative Determinations: Extension Request Permits: 960 Mass Ave Notice of Project Change: Order of Conditions: Certificates of Compliances: 120 West St 176 Elmwood Rd - Site Walk Holman St Lots 3 & 4 ENFORCEMENT: Violations, Enforcement Actions, and Hearings: 780 Northfield Rd - Culvert 205 Sunset (Beers lot) 10 Mass 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) Conservation Land Improvement Hollis Road Residence: Lease Agreements & Tenant Responsibilities Property Maintenance Committee Reports – Any Update: Open Space Storm Water Communications/Public Comment: Adjourn_: ======================================================================================== DOCUMENT : 2024-02-07-minutes-6398.txt BOARD : conservation-commission DATE : 2024-02-07 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2024-02-07-minutes-6398.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_02072024-6398 ======================================================================================== ===PAGE 1=== Town of Lunenburg Conservation Commission Mary Wilson, Chair Tel: (978)582-4146 Bob Pease, Vice Chair Richard Bursch 960 Massachusetts Ave Jeffrey Viviano Lunenburg, MA 01462 Michael Larouche Ashleigh Denio Chris St. Germain Conservation Assistant Jenny Pewtherer February 7, 2024, 7:00PM, ZOOM REMOTE Minutes Roll Call: Bob P., Rich B., Jeff V ., Mike L., Chris S., Mary W., Jenny Pewtherer and Sophie Dorow - Administrator Call to Order at 7pm Announcements- Mary welcomed Jenny Pewtherer as a new Commissioner. Jenny noted that she worked for Weston Nurseries for 9 years as their IT manager and is now an IT manager for a landscaping construction company that does a lot of stormwater plans. Public Comment- Richard Parsons (70 Horizon Island Rd) – asking for permission to cut 3 trees, one of which is dying and he is concerned they may fall on his house. He originally contacted the office in August and had 1 site visit from an interim administrator. Richard screen-shared photos of the 3 trees, which are about 70’ tall. Mary replied that she thought his request had come before the Commission and he should have received direction to submit an RDA. Richard stated he could not find a form for an RDA but found a Notice of Intent form. Mary replied that Richard should contact Sophie directly to continue the process and Sophie advised him to email her with questions. She noted that she has updated the website with forms and instructions. Minutes of previous meetings – 12/20/23, 1/3/24 and 1/17/24 Motion: Rich B., Second: Mike L. To approve the minutes of 12/20/23. Roll Call Vote was unanimous to approve. Motion: Rich B., Second: Bob P. To approve the minutes of 1/3/24. Roll Call Vote was unanimous to approve. Motion: Bob P., Second: Mike L. To approve the minutes of 1/17/24. Roll Call Vote was unanimous to approve. Certificates of Compliance for 120 West St. – Bob Hannigan (Hannigan Engineering) – Sophie reported that she did a site visit 3 weeks ago and she previously showed photos taken by herself and Donna Molet prior to the snowfall. The photos show the extension on the house in relation to the wetlands. Bill Hannigan screen-shared the site plan, showing the proposed addition to the right side of the house and has submitted the as-built plan showing the completed addition. He noted that their site review showed everything has been stabilized for quite some time but the Certificate of Compliance was never submitted for request, which is why he is present. Sophie screen-shared the site photos, showing crushed stone along the foundation as noted on the plan and the proximity to the wetlands. A measurement was taken from the ===PAGE 2=== corner of the house down to the buffer zone and it is outside of the 50’. Another photo showed a bare spot near the house and Sophie noted that it is an area which does not get a lot of sun. Mary asked Sophie for her recommendation and she replied that she did not see anything concerning. It has been stabilized for quite a while and is all set for a Certificate of Compliance. Mary asked for questions from the Commissioners but there were none. Motion: Chris S., Second: Jeff V . To approve the Certificate of Compliance for 120 West Street. Roll Call Vote was unanimous to approve. Bill H. asked when the certificate would be available and Mary asked Sophie to contact him after the Commissioners have Docu-signed it. Bill thanked the Commission for their accommodation. Appointments/Hearings NEW PUBLIC HEARINGS – Mary noted none were scheduled due to issues of posting notices but that has been resolved for future meetings, with notices posted to the Ledger. 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 1/17/24 to 2/7/24). Kevin O’Brien and Matt Marro present. Mary noted that on a previous site walk there were wetland flags missing and snow had prevented a new site walk. Matt Marro reported that the flag situation has been remediated and staked out. They tried to do site walks between meetings, but a foot of snow prevented them. He noted that the Vice-Chair suggested they could obtain a certified letter from the surveyor, certifying that all the flags had been put out and areas staked per the Commission. Matt stated the surveyor, Mr. Rheault, will submit that letter. Bob P. said he had sent a letter to Matt and Jamie Rheault with a compendium of all the aerial photos of the site since the last delineation in 2008 up to the present. The photos show extensive excavation and clearing of trees, around 2012/2013. He also sent 3 photos of wetland flags hung on dead herbaceous vegetation. Bob was advocating that the Commission request the surveyor/engineer submit a letter stating that all of the wetlands flags have been survey located and note their degree of accuracy. He added that he would like to see that letter in advance of another site walk. Mary recalled that they had discussed having a 3rd party review for this site. Bob replied that the 3rd party review is essential and there has been a lot of modification to the site since the wetlands were delineated in 2008. He added that the applicant appears to be asking them to adopt the wetlands delineation from 2008 but the applicant should have a 3rd party re-delineate the wetlands, to show whether wetlands had been disturbed or new wetlands created due to the disturbance activities since 2008. Matt and Kevin stated they have no objection to that. Kevin noted that they had discussed having a site walk between Christmas and New Years, but that did not happen. He asked if they have a peer review done, would the Commission also need to go out. Bob stated he would like to see what the peer reviewer has to say and then decide whether to go out for a site visit. Rich B. noted the Commission would hire the peer reviewer and has the right to do a site visit anytime. They need to make sure it is flagged properly so their agent can go to review the application as submitted. The agent would report on any discrepancies or variances found on the site and give it back to the applicant to re-delineate and resubmit the updated plan. Kevin replied he has no problem with a peer review or a site visit but needs to know the time frame and how to decide on the peer reviewer. Rich B. noted that in December, Matt M. said the applicant has the right to choose a reviewer from a list supplied by the Commission. He added that they should put together a list of reviewers. Bob P. noted that Richard Harris, the Interim Land Use person, reached out to 3 companies for peer reviews. Graves Engineering could not do it because they do not have a wetlands delineator and another company had a conflict but ===PAGE 3=== Oxbow Associates gave a quote. Bob added that the applicant would need to give money to the office for the review and the office contracts with the 3rd party reviewer. Matt said they have an issue with Oxbow’s bid because it encompasses a scope of work which is outside the scope of the ANRAD, which was to certify the bordering wetland line. Oxbow’s scope went beyond the wetlands flags to including vernal pools. They would like to have more names since the other 2 companies were unable to do the review and also to talk about the scope. Matt and Kevin asked to talk to Mr. Harris and continue the hearing. Bob noted that Town Counsel stated that the 3rd party reviewer works for the town- not the applicant. Matt pointed out the 3rd party reviewer would determine if the wetland line is accurate as presented by the 2008 plan and review the paperwork- looking at other items would be outside of the original scope. Bob replied he would agree with Matt if the aerial view in 2024 looked exactly like the view in 2008. There has been a tremendous amount of alteration there and they may find disturbances to the wetlands and/or new wetlands. Rich B. asked if they are limiting the scope of work to just the delineation as it appears on the plan. Matt replied if anything comes up outside of the ANRAD, it would be open to a NOI, would not be certified and would be investigated. The only thing that would be certified would be the line or the adjusted line if the reviewer finds more wetlands. Any other resource area found not bordering a vegetative wetlands, would make them subject to investigation under a NOI. Bob read from the MACC handbook about reviewing a wetlands border under an ANRAD and that they should look over the entire parcel. Matt said he does not disagree but it would be outside of the scope to look for vernal pools- it is just to certify a boundary. Kevin confirmed that the Commission was ok with them talking to Mr. Harris and they will discuss at the next meeting. He understands they need to look at the whole property and they are not doing anything down by the riverfront. They are just trying to get the line set so they can start working on what they will be doing out there. Rich B. stated that once the line has been certified, they will need to file an RDA for any work done in any wetlands and Matt agreed. Rich added the by-law also includes vernal pools. Mary asked for a vote to continue. Motion: Rich B., Second: Chris S. To continue the hearing to 2/21/24. Roll Call Vote was unanimous to approve. New Business: Lake Shirley Improvement Corp. Annual Report- Joanna Bilotta, Dominic Meringolo (Solitude) and Wendy Gendron (Aquatic Restoration Consultants) – Joanna noted that Dominick and Wendy run their chemical treatment and water management program at Lake Shirley. Wendy stated that her company works with Lake Shirley to make sure they maintain compliance with their Order of Conditions and as a 3rd party reviewer to ensure there is little or no impact to non-target organisms. Wendy screen-shared the Annual Report. She noted that the 2022-23 winter was not a desirable year for drawdown and average drawdown was 0.6 ft. Heavy rain was an issue but there were no fish kills reported. The refill was completed early on 3/12. With a few exceptions, they maintained clarity above 5”. She noted that the upper north basin has poorer water quality than the other 2 because that is where the main tributary comes into the lake. Wendy shared graphs comparing Secchi Disc readings for the last 4 years. She also shared a graph for measurements of temperature and dissolved oxygen, which showed the lake maintained good readings above the state required 5.0mg/L. They are generally concerned about rising lake temperatures at all lakes. Wendy stated phosphorus levels are important to control and higher levels encourage algae growth. Lake Shirley’s phosphorus numbers were good, with some elevation in the upper north basin. Nitrogen levels were moderate to slightly elevated at the bottom. Measurements of phytoplankton showed lower algae numbers in July but more elevated in August with higher density of cyanobacteria (blue-green algae) in the lower basin. Although elevated, the numbers were lower than those requiring treatment. Wendy noted that the end of season plant survey showed a net decrease in species richness, with 4 species of native pondweeds not observed, although possibly in other areas. They observed less of the native Robbin’s pondweed and coontail, so they do not treat in areas that they are ===PAGE 4=== observed. A higher presence of non-native European naiad and fanwort was observed, which was concerning because they are impacting the natives even with treatment. Mike L. asked if Lake Shirley had any invasives removal programs in mind and Wendy replied they do not have any hand-pulling programs now. However, if they did observe a new concerning species introduced, they would go after it aggressively to prevent spreading. Dominic gave a review of the herbicide treatment with Tribune and Nautique in mid-July when they treated 56.5 acres out of the 350 acres of the lake. There were no adverse effects on fish. The plan for the 2023-24 winter is to target a 6’ drawdown, continue monitoring water quality and a mid-season survey in June/July with treatments as warranted. They are also seeking an extension of the Order of Conditions (OOC), which expires soon. Joanna noted that when they started the treatment program in 2008, they would start the survey in June, but now Lunenburg wants them to go in July, which is when Dominic is busy doing treatments. However Joanna noted that Shirley adopted their own Order of Conditions in addition to Lunenburg’s OOC. In the past, they would treat the first week of July, but if they need to meet with Lunenburg and Shirley, it will move treatment to the end of July/early August when things are at their highest. Dominic clarified that if the survey for specific criteria is done in June, they may not see the cover in biomass that they would see later in the season. He suggested if they do the survey at end of June/early July, they could treat in mid-July. Mary asked what data they needed to collect and would want them to come to a meeting prior to treatment. Wendy stated they survey 60 points to collect data on the plants they are going to treat and create a treatment map. The problem is they would need to come before Lunenburg’s and Shirley’s Commissions and there can be delays. She suggested that if he can submit a report instead, it would save time with the scheduling. Jeff V . suggested having the Administrator look over the plan. Bob and Rich B suggested they could cut down on the number of days before a meeting for submittal of the plan but the plan should be reviewed by the Commission before they do a treatment. Sophie screen-shared the letter from ARC requesting an extension of the OOC and Wendy screen-shared the existing OOC. Rich B. noted that as long as the OOC is active, they can act on them in perpetuity but it needs to be listed on the agenda as a hearing. The current OOC expires in Fall of 2024 and the extension would be for 3 years. The request for extension will be on a future agenda. 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 1/17/24 to 2/21/24) – No representative was present and Bob P. stated they have a running disagreement with the DEP about considering land that is not under their control. Also they will not be back until they get a DEP number. Mary noted that they had requested to do a site walk with a wetlands scientist but that has not happened yet. Ken Paton asked to make a comment but the hearing could not be opened until 2/21/24 per the agenda. A motion had been made by Mike L. and seconded by Chris S. but it was unmoved due to the date issue. 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 1/17/24 to 2/7/24). – No representative was present and Bob P. noted they had received communication from the applicant’s engineer, stating they have reduced the number of lots from 4 to 3, due to the turtle habitat. A revised plan was received and Bob suggested a continuance, with the Administrator contacting the engineer. Motion: Mike, Second: Rich B. To continue 171 Arbor Street to 2/21/24 and ask the Administrator to reach out to McCarty Engineering to ask what’s up. Roll Call Vote was unanimous to approve. ===PAGE 5=== Sophie stated that she found the revised plan in the Google Drive and she would contact the engineer. 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 1/17/24 to 2/7/24). Greg Roy (Dillis & Roy), representing the applicant, apologized for the continuances over the past few meetings because they were waiting for DEP numbers. He screen-shared a map indicating the 3 lots and a site plan for Lot 1. There is an existing driveway to 2 houses further in and the house will be located to the right of that driveway. A septic system will go into the left of the existing driveway. Greg indicated the 100’ buffer line and stated a small area of the septic system grading would be within that zone. Also a portion of the driveway will lie between the 50’ and 100’ buffers, with an erosion control barrier to the left of the new driveway. They are filing this lot as a RDA because there wasn’t any direct impact to the resource area on the border of vegetated wetlands. They have submitted revised plans addressing the concerns raised at previous meeting. There were changes made per the Board of Health, relating to Title V and adding more detail to the plan. They have located 2 catch basins on Leominster Rd. and have shifted the driveway accordingly. Greg noted that per the Commission, they have updated the erosion barrier to include silt fencing. He added that DEP commented that the Commission should not act until Lots 2 &3 received DEP file numbers, which he felt was not the case, but they did not argue with it. John Carroll (803 Leominster Road) spoke as an abutter and noted that he has brought to the town’s attention a flooding issue at the bottom of his driveway. He stated that he complained to the town 8 years ago and they put the catch basin in. There is also another one 50’ away. He had talked to DEP and believes the catch basin was put in improperly. He suggested that the town should push back at the applicant to get it fixed this time. Rich B. commented that he wanted to make sure the last speaker was not trying to impugn Greg Roy, who is one of the best engineers with deep roots in the community. John said he did not intend to do that and apologized. Joan & Phil Hoyt (39 Kilburn St.) – Joan commented that she is very concerned about the Commission voting on this lot before the other 2 lots are discussed. She noted the flooding issue on Kilburn St. is excessive and if they or the town does not clean out the catch basin, the water can go across the street, a few inches thick. She has seen accidents where people have skidded and gone off the road when water is there. Joan asked the Commission to look at the whole project before voting on the first lot. The lot on Kilburn St. has only one location for a house on a hillock and is surrounded by water. Susan Rowe (710 Leominster Rd) lives across from Lot 2 and wanted to add to what the Hoyts said about water on the road. They have a catch basin at the end of their driveway which is a hill. There are a lot of hills there and that water dumps into the area that they propose to build on. It is very dangerous when it freezes and it is always wet across the street where Lot 2 is. Bob P. said he assumes the last 2 speakers were not talking about Lot 1. He noted this lot is a hillside and fails to see how there could be standing water on it. He acknowledged there is a water problem on Leominster Rd. coming off the hills across the road and there is not adequate drainage on the road. He does not see the nexus between the water issues on the road and the RDA for this lot. John Carroll stated he has videos of water streaming down the road, flooding his driveway. The 2 catch basins are there because of the water and this will put additional hydraulic load. It doesn’t address the catch basin at the bottom of his driveway and this is an opportunity to get it fixed. He noted that the catch basin was clogged for a long time but the town appears to be doing better on maintenance now. Mary noted their jurisdiction is the wetlands, resource areas and the buffer zone but asked what about stormwater. Rich B. believes a single-family home is exempt from most stormwater regulations and the Commission’s authority is for the effects of stormwater on the wetland resource area. He feels for the neighbors but it is outside of their jurisdiction to dictate a wetlands permit based on road effect. Instead, ===PAGE 6=== the neighbors could go to the DPW, building inspector and zoning officer. Bob said the problems in the road have nothing to do with this application, regarding their authority. Mike L. asked if the driveway would be impervious or one that would absorb some of the water. Greg Roy replied that it will be a paved driveway and he agrees there are issues with water on Leominster Rd. He noted that in regard to wetlands protection by-laws and regulations, they would only get involved with stormwater management if the development had more than 4 lots. They do need to get a driveway permit through the DPW and there could be an opportunity to install some stormwater pertinence. However there is no regulatory authority for the Commission in this process- the DPW would be a better option. John Carroll- stated that the storm drain is discharging into the wetlands and he questioned if the proper permits were in place. Mary replied that would be a separate project. Greg Roy said he understood the concern but noted that the town may have filed under an emergency order which has more flexibility and he does not have any visibility on how it was installed by the DPW. Motion: Bob P., Second: Rich B. To approve a negative determination for this Request for Determination of Applicability. Discussion: Mike L. suggested hearing the other 2 applications before they vote on this one. Chris S. said he would want to vote on each of them individually-not as a whole. Mary noted that Mia McDonald (DEP) suggested looking at this lot in the context of the others in case there was something that puts some interdependencies in there, but based on what she has seen, that is not a concern for her. 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 208-1316) (Continued from 1/17/24 to 2/7/24). Greg Roy (Dillis & Roy), representing the applicant, stated he emailed the revised plans and Sophie screen-shared the site plan. Greg noted the lot has frontage on Leominster Rd. and has wetlands system at the bottom of the slope. The house, grading, driveway, and associated appurtenances, with the exception of a sewer line, will be located outside of the 30’ no-touch and 50’ no-structure offsets. This lot requires the septic leaching field to be located on the other side of the wetlands because there are not adequate soils or space near the house. The lot was submitted to the Board of Health, which issued several comments for updates and notes which they have done on the revised site plan. They also updated the plan with the correct silt fencing and straw wattle detail per the Commission. They are proposing to cross the wetlands with a temporary cut to install a 2” sewer force main from the pump chamber to the distribution box. They have located on the site plan all the canopy trees in the wetland and 30’ no-touch zone. Greg noted they are not proposing any tree removal in those areas and it would be just temporary disturbance in the wetland for the trench. The force main will be placed in a sleeve so that it can be removed for replacement in the future without disturbance to the wetland. The site plan also includes wetland replacement notes, with specifications for restoring the wetland to its existing vegetative state. They are not proposing any modifications to the contours or grades in that area. The DEP comments were as follows: 1) alternatives for the installation of the leach field - Greg noted one suggested alternative to the trench would be drilling under the ground but the cost would be significantly higher. With the trenching option, the soil removed would be translocated and reused for restoring the wetland, along with native wetland seeding and some native larger shrubs. The installation process will take only a day or two. 2) floodplain elevation – Greg stated the floodplain in this area is zone A on the FEMA maps but it does not have an elevation. They have conservatively estimated it at 364’ and there is no area lower than that on Lot 2. The lowest portion of the wetland is at 407’. He added that although there is no floodplain there, it does not mean it is a dry site and noted the wetlands as well as ground water on the site. 3) Commission may want to consider planting and spacing plan in the ===PAGE 7=== proposed riverfront- Greg noted there is no riverfront there and that is a typo. They have provided a replacement plan for the wetland disturbance. 4) Commission may want to require 2 year monitoring period and replanted area must achieve a 75% survival rate in order to be certified compliant. Greg said their plans include a 2 year monitoring period per the regulations. 5) If additional development is proposed on the parent lot, the Commission may want to consider the project as a whole and require stormwater mitigation. Greg noted that there are no other suitable locations for development and would agree to include a finding in the order that if future development over 4 lots were possible, it would require stormwater management, but at this point this development does not trigger stormwater threshold. 6) Commission may want to include permanent memorialization fixtures such as split rail fencing, boulders, and signage to prevent further encroachment beyond the limit of work. Greg noted that landscape boulders are included in the plan to delineate the 30’ no disturb zone. Mary asked to have access to the drawings off-line and suggested having Sophie contact DEP regarding the typo of riverfront in their comments. She is also concerned that the boulders are too far apart. Chris S. asked if there is any issue with the D-box or leaching field, would it require them to go back through the sensitive area. Greg replied they have set up access easements through Lot 1 and would not go through the wetland. The Commission discussed the spacing on the boulders and agreed with 25’ apart and Greg replied that the applicant would be fine with 25’. Rich B. asked if they have a schedule for how long the wetland will be disturbed for installing the force main and how many days for it to be revegetated. Greg noted the plan does not specify the time on the plan, but they do not object if the Commission wants the work done within a specific period of time, such as 7 to 10 days. Rich suggested the construction take place within 1 week and regraded /revegetated within 7 days after construction, so it is not an open trench for an uncontrolled time. Greg agreed and he suggested the contractor supply them with a construction schedule. Rich also suggested they do an inventory of the plants currently in the area to be trenched and put them back after. Greg replied that they could do that with the larger shrubs but it could be difficult with the small herbaceous plants such as the ferns. Rich agreed that the herbaceous plants would come back quickly but they would want the shrubs replaced quickly to prevent invasives from getting in there and Greg agreed. Bob suggested Greg submit a revised plan with the closer spacing of boulders, along with added verbiage on the timeline and plantings. Susan Rowe (710 Leominster Rd) asked about the standing groundwater in regard to building there. Mary noted that a wetlands scientist has flagged the wetlands prior to the engineering work being done. The Conservation Commission also does a site visit. Susan noted that where there is a lot of standing water in areas that may not be wetlands and Mary said that may be true but the Commission’s jurisdiction is restricted to wetlands, which are scientifically marked. Greg agreed to a continuance to 2/21. Motion: Chris S., Second: Mike L. To continue this hearing to 2/21/24. 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 208-1317) (Continued from 1/17/24 to 2/7/24). Greg Roy (Dillis & Roy), representing the applicant, noted that this property fronts on Kilburn St. and the parent property is 20 Kilburn St., which is why all 3 lots are noted as 20 Kilburn St. Sophie screen-shared the site plan. The wetland system is located at the base of the hill, which is part of a very large wetland system. Greg stated the site plan has been updated per comments from the Board of Health. Regarding the Commission’s comments, they updated the silt fencing/wattle detail, the grading will be kept outside of the 30’ no-touch to lower the height of the boulder wall, added elevations for clarity and located the catch basin across Kilburn St. The DEP asked for comments about the unelevated floodplain area to be added to the plan, showing the floodplain coincidental with the 364 contour, well upgradient of ===PAGE 8=== the wetland areas. DEP suggested the Commission may want to have demonstrated how work will be done so close to the resource area while giving protection for perpetuity, with additional plantings and set- backs. Greg stated the plans show complete compliance with the 30’ no-touch, 50’ no-build zones and the Commission’s by-laws. Thirdly, the Commission may want to add a note in the Order of Conditions that future lot development may trigger stormwater management. Greg noted there is no future development planned on the parent lot. Lastly, the DEP suggested Commission may want to add permanent memorialization fixtures and Greg stated the landscaping boulders are noted on the plan. Greg noted that there have been a lot of comments regarding water and stormwater. Once they meet the regulations, managing wet sites falls on the developer and design engineer. They are mitigating construction on a wet side by grading and the positioning of the house. He added that all the work on this site will drain away from Kilburn St. and most of the lot will slope down to the wetlands. Mary asked to have the boulders tightened up to 25’. Rich B. asked if the erosion control is the limit of work and Greg replied correct, as well as on Lot 2. Bob asked to have that noted on the plan. Greg confirmed that his measurements are the minimum set-backs allowed. Phil Hoyt (39 Kilburn St.) – asked Greg if the water on the site is running back into the wetland and Greg said that was correct. Motion: Bob P., Second: Mike L. To approve this Notice of Intent, with the condition that the applicant submit a revised plan, showing the boulders at 25’ and specify that the erosion protection is the limit of work. Discussion: Rich B. asked if the boulders make a wall and Greg replied the 2’-3’ boulders will contain the slope. They will be a permanent demarcation and they will supplement with smaller ones in the gaps. Roll Call Vote was unanimous to approve. NEW BUSINESS: Topics unknown 48 hours in advance of meeting - none Gas for Pollinator Habitat- Mary stated the DPW allowed Mike L. access for gas so he could mow at the Habitat. Mary suggested using the Hawes account for budget support. Motion: Mary W., Second: Mike L. To apply the $117 spent on gas to the Hawes Account for the purposes of providing budget support. Roll Call Vote was unanimous to approve. OLD BUSINESS: Update on Title Searches- Bob reported that he will be meeting with Town Counsel to discuss the title searches. Mary suggested adding the no access property off Howard St., near the Northwest Town Forest and Bob replied the property is very far along in the tax title process already. 32 Cortland Circle (detention pond) - Sophie said it is on the agenda because the person overseeing it voiced some concerns and had wanted to attend a meeting, but Chris S. noted he had changed his mind. Mary asked to strike it off the agenda until the Homeowners Association comes back. 780 Northfield Rd-Culvert- Sophie stated that she had not reached out or visited the site yet. She suggested doing a friendly enforcement. Motion: Bob P., Second: Chris S. To authorize our Conservation Administrator to issue an enforcement order to Jim Lattanzi to resize and lower his culvert and to hire a wetlands scientist to delineate any wetlands impact there. Roll Call Vote was unanimous to approve. (Jeff logged off at 10:54pm) ===PAGE 9=== MS Sharepoint/One Drive Login Validation- Mary reported that everyone can login and Bob noted he could only access it through Sophie’s email. Mary suggested having IT do some training so everyone can use it on different platforms. Jenny added that she can help with this because that is what she does. MACC Classes- Mary stated that anyone who wants to take classes should send the list to Ashleigh, with cc to Sophie so they can get a P.O. raised. Also a Conference is coming up the first Saturday in March, with lots of classes. Virtual classes will be available the month of March. Update if any on encroachment issues at: 950 Chase Road- Shed Removal- Bob will talk to Town Counsel about this. He suggested that after they do the Raino cut and they have another $20K in the Timber Rights account, they should pay for the removal of this shed. Until then, they should probably board it up. Bob said King is planning on doing the Raino cut in June. 315 Lancaster Ave. – Contact Owners- Bob reported a letter was sent in January but the 1/11 near map shows that nothing has been moved. He has asked Town Counsel to send another letter. Administrative Determination: Extension Request Permits: 960 Mass Ave Notice of Project Change: Order of Conditions: Certificates of Compliance: 176 Elmwood Rd-Site Walk Holman St Lots 3 & 4 ENFORCEMENT: Violations (Enforcement Actions and Hearings) 205 Sunset (Beers lot) 10 Mass Ave 1168 Mass Ave Rear Emergency Certification: Open Space and Land Use: Grants Update (LCC sponsored, award year 2023) Grants Update (LSR sponsored, award year 2022) Conservation Land Improvement Hollis Road Residence: Lease Agreements & Tenant Responsibilities Property Maintenance – Mike reported that he received a text from the tenant last Friday that she had no heat and there was water in the basement. He called Cam’s Heating for an emergency call. Mike also talked to Chris Ruth (Facilities Director) who said he had gone there and noticed 6” of water in the basement and the relief valve on the boiler was stuck open. Cam’s Heating reported that it was not the boiler, but an issue with the holding tank which failed. Chris Ruth gave permission to replace the hot water tank and it was installed on Monday. The heat was back on Friday but she did not have hot water until Monday. Cam’s Heating will send an invoice for $3,100 for replacing the tank. Rich B. said he had only received one other invoice and believes they are getting sent to the town. Mary suggested the invoices should go to the LCC office. Bob said that now there is a Facilities Director, the tenant should ===PAGE 10=== contact him if she has no heat or water and the bills go to Facilities Director also. Mike stated that the Fire Department came in to remove the 6” of water and he was not sure if they will get charged for that or not. Mike reported that the temporary roof patch appears to be working and Chris Ruth said they will get a number in the spring to do work on the roof to address that issue. Motion: Mike L., Second: Rich B. To approve a $3,200 purchase of a replacement hot water heater for the 123 Hollis Road property from Cam’s Heating. Roll Call Vote was unanimous to approve. Committee Reports – Any Update Open Space Stormwater - Motion: Bob P., Second: Mary W. To nominate Jenny Pewtherer as the representative to the Stormwater Committee. Roll Call Vote was unanimous to approve. Jenny accepted and Mary will notify Renee. Communications/Public Comment: Motion: Rich B., Second: Chris S. To Adjourn at 11:15pm. Roll Call Vote was unanimous to approve. Respectfully submitted, Jane L. Ranley Minutes Clerk ======================================================================================== DOCUMENT : 2024-02-21-agenda-6419.txt BOARD : conservation-commission DATE : 2024-02-21 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2024-02-21-agenda-6419.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_02212024-6419 ======================================================================================== ===PAGE 1=== February 21st, 2024 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/83508358226 Meeting ID: 835 0835 8226 One Tap Mobile: +16469313860,,83508358226# US Phone callers may unmute by pressing *6 AGENDA Call to Order Announcements Public Comment: Comments are to be limited to 3 minutes and on a subject matter under the direct jurisdiction of the commission. Comments about current agenda items are to be made during the comment period of the specific agenda item. Please address all comments to the Chair. Minutes of previous meetings: June 21, 2023 – July 5, 2023 – July 19, 2023 – August 2, 2023 – August 16, 2023 – September 6, 2023 – September 20, 2023 Appointments/Hearings – Begin at 7:00pm APPOINTMENT Hickory Hills Lake Annual Report 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 Derek Failchild & Kathleen Rouleau for a septic tank installation, leaching facility, and associated grading at 21 Birch Island Way. Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Notice of Intent by Matthew Grable for repavement of a driveway and repair of existing wall at 255 Prospect Street. Mary Wilson, Chair Bob Pease, Vice Chair Jennifer Pewtherer Richard Bursch Jeffrey Viviano Michael Larouche Chris St. Germain Tel: (978) 582-4146 960 Massachusetts Ave Lunenburg, MA 01462 Sophia Dorow Conservation Administrator Ashleigh Denio Conservation Assistant ===PAGE 2=== Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Request for Determination by William Bernard to cut a maintenance path for access to Lake Shirley Dam at 25 Fire Road 19. 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 Matthew & Carly Penniman for connection of an existing dwelling to a municipal sewer service at 636 Massachusetts Ave 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 February 7th to February 21st). 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 208-1320). (Continued from January 17th to February 21st). 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 February 7th to February 21st). 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 208-1316). (Continued from February 7th to February 21st). NEW BUSINESS: Topics Unknown - 48 Hrs Advance of Meeting Town website improvements/changes Discussion of in person meetings OLD BUSINESS: Update on Title Searches Encroachment Issues: 950 Chase Rd - Shed Removal 315 Lancaster Ave Administrative Determinations: Extension Request Permits: 960 Mass Ave Northfield & Chase rd Lake Shirley OOC extension request Notice of Project Change: Order of Conditions: Certificates of Compliances: 176 Elmwood Rd - Site Walk Holman St Lots 3 & 4 ENFORCEMENT: Violations, Enforcement Actions, and Hearings: 780 Northfield Rd - Culvert 205 Sunset (Beers lot) 10 Mass 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) Conservation Land Improvement Hollis Road Residence: Lease Agreements & Tenant Responsibilities Property Maintenance Committee Reports – Any Update: Open Space Storm Water Communications/Public Comment: Adjourn_: Meeting schedule: Next meeting is March 6, 2024 at 7:00 PM by Zoom platform ======================================================================================== DOCUMENT : 2024-02-21-minutes-6419.txt BOARD : conservation-commission DATE : 2024-02-21 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2024-02-21-minutes-6419.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_02212024-6419 ======================================================================================== ===PAGE 1=== Town of Lunenburg Conservation Commission   Mary Wilson, Chair Tel: (978)582-4146 Bob Pease, Vice Chair 960 Massachusetts Ave Jennifer Pewtherer Lunenburg, MA 01462 R i c h a r d B u r s c h Sophia Dorow J e f f r e y V i v i a n o Conservation Administration Michael Larouche Ashleigh Denio Chris St. Germain Conservation Assistant February 21, 2024, 7:00PM, ZOOM REMOTE Minutes Roll Call: Mary W., Bob P., Jennifer P., Rich B., Mike L., Chris S., and Sophie D. Absent: Jeff V . Call to Order at 7pm Announcements- Chris S. reported that he attended the last Select Board meeting and the Village of Flat Hill will be sending the Commission an RDA for work on the retention pond. Minutes of previous meetings – minutes of 2/7/24 Motion: Bob P., Second: Mike L. To approve the minutes of 2/7/24 as written. Roll call vote was unanimous to approve. APPOINTMENT Hickory Hills Lake Annual Report – John Fortune (50 Hemlock Dr.), representing Hickory Hills Landowners Inc, screen-shared a slide show presentation. He stated per their OOC, DEP # 208-1266, issued 7/25/22, there are 13 conditions that he will discuss. 1.) Survey and Fanwort Removal – They have organized surface monitoring looking for fanwort and other issues. They also have divers removing fanwort and they do Secchi disk measurements. Ten certified divers spent just under 250 hours in the water observing the surface and bottom of the lake. In 2021, they pulled 3,800 plants but that number jumped to 23,000 because they missed a chemical treatment. In 2023, 24,000 plants were pulled and they did a chemical treatment in some big patches. John pointed out the 7 areas of concern for fanwort and noted that there is less area to treat than last year. 2.) Water Quality & Algae Data – V olunteers collect samples and do simple analysis, while complex analysis is done by a certified lab. They check in Spring, Summer, and Fall. John shared a map of the tested areas and the data chart. He noted that when phosphorus goes over .02, you start to get problems and if over .05, you get algae bloom. Last year the numbers for phosphorus and nitrogen got high in front of the dam, 6’ down. The Algae Testing in 2023 showed no blue green algae in April and July but a high number in August. Testing in September and October showed significantly lower numbers. Little Hickory had no algae. 3. Drawdown of 48” was done in the Fall 2022 but heavy rain in December brought it back up. In Fall 2023 the drawdown was 47” and again December brought it back up. A 6’ siphon in the bottom of the lake is left on to try to pull phosphorus out. 4). Chemical treatment. – In 2023, SOLitude performed all Chemical treatments. Poly-Aluminum Chloride treatment was done at Little Hickory and the Main Lake for algae. Flumioxazin treatment was done in the Main Lake for Fanwort. John shared the map with treatment areas noted and the notes by SOLitude for the treatment. ===PAGE 2=== 5.) Stormwater Testing Program was started in 2021, with testing during 3 storms in 2022 and 2 storms in 2023. They have built and maintained “plunge pools” for stormwater controls, as well as worked with the town’s Stormwater task force. John shared the map of the stormwater testing sites. He pointed out the figures for the Lane property and noted the results were all over the .05 figure. He stated the water that is coming through the Lane property to the Mulpus has a high phosphorus content. The numbers in the Mulpus are lower as it gets closer to the lake and 80% of the water coming into the lake comes from the Mulpus. They also noted a phosphorus problem in the area of the old boat cove and there is a high (.121) number coming into Little Hickory. There is a concern about phosphorus coming from the disruption in the soil at the site of the proposed Pond View Commons due to its location in the Mulpus Watershed. 6.) Erosion Control – John noted the addition of 100’ of Coir logs to Lizard Island, that are backfilled with native plants. 7.) Goose Addling – was successful in lowering number of geese, which contributes phosphorus also. 8.) Fishing Data showed higher numbers than past years, showing the health of fish in the lake is good. 9.) Outreach to Residents – John read a list of staff, communications, and events for outreach. 10.) Plans for 2024- They will hire Wendy Gendron as Lake Consultant and have hired a Lake Project Coordinator. They will continue with hand pulling and herbicide treatment for Fanwort and hold a removal day for Purple Loosestrife with NRWA. Aluminum sulfate will be used in Little Hickory and Hemlock Cove. Erosion control, stormwater measures, and goose controls will continue. Long term goals are to maintain a balanced nutrient level, particularly with Phosphorus and Nitrogen, erosion control on islands, beaches and individual properties, and control of invasive weeds. Mary asked John if there was a theory on where the phosphorus is coming from at the Lane property, but he replied he does not know if there was activity in the past that could be the cause. Mary noted the Commission has done site walks at the proposed site of the Pond View project and agreed there has been a lot of disturbance there. John asked if they had tested the water in the pond for phosphorus and nitrogen levels and Mary replied that was good question. Bob P. pointed out that the Mulpus has 3 major branches that contribute equally - Marshall Park, Chase Rd near the DPW and in Townsend which flows through a bunch of beaver dams. Bob suggested John sample each branch to check for phosphorus and said it is a mystery where the phosphorus would be coming from at the Lane property since it is all undisturbed woods. He noted there is no phosphorus in lawn fertilizer in Massachusetts and that nitrogen helps the health of the lake. John pointed out that the phosphorus numbers were high at Marshall Park and near Route 13 – even before it flows through the Lane property. Also septic fields could be a concern. Mike L. asked what the lag time is between a test and getting results and also if there is time to retest questionable results. John replied that one issue is they are relying on volunteers for data collection and sometimes miss collections. They will focus more on doing collections and now have the project coordinator to keep on schedule so they can retest quickly if needed. Mary suggested doing duplicate samples so they could retest if they needed. John replied it could be a bottle issue and they should have gone out with another bottle. Bob mentioned that the fork of the Mulpus Brook near Marshall Park, crosses under the road, goes into a swamp/pond, and flows through a culvert that periodically gets plugged up by beavers. The DPW clears the dams and then there is a tremendous flushing of water causing a lot of erosion. Mary pointed out that there was a development with soil disturbance on Holman St. Chris S. noted the fanwort grew 8X the amount when a treatment was missed but the next treatment only went down 1500 and asked whether future treatments would bring it back down. John noted fanwort grows exponentially and can easily take over a lake. The lake is shallow and warm so they will be asking for 7 treatments this year. 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 Derek Failchild & Kathleen Rouleau for a septic tank installation, leaching facility, and associated grading at 21 Birch Island Way – Dan Proctor ===PAGE 3=== (representing the applicants) and Derek Failchild – Dan noted the applicants had a failed Title V and they are proposing a new 1,500 gallon single air treatment tank and a 18’ x18’ pipe and stone leach field. They have a DEP number and the plan has been approved by Nashoba Board of Health. The property is served by town water. Sophie screen-shared the site plan. Dan stated the proposed tank will go in the same position as the existing tank and the proposed leach field will go where the existing leach field is. There are no other options due to the size of the lot. Part of the driveway over the leach field will become grassy area. Mary asked about the elevation of the leach field and Dan replied it will be elevated less than 1’. She asked for the location of the limit of work and the erosion control barrier. Dan pointed out the erosion barrier and noted that the area around the house is upgradient from the work. He added that there will be no tree removal. Motion: Bob P., Second: Rich B. To approve this as presented. Roll Call Vote was unanimous to approve. Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Notice of Intent by Matthew Grable for repavement of a driveway and repair of existing wall at 255 Prospect St.- Matt Marro, (representing the applicant) and Matthew Grable – Matt screen-shared the site plan and noted the property is a small lot on Lake Whalom. The proposed work is not in the 100’ floodplain, which hugs the shoreline. He noted the 30’ goes along the front of the house and 50’ buffer zone line goes through the road. Matt stated that water runoff comes from Prospect Street and Hollis Road which tops the partial wall in front, banging up against the house. The foundation is a mix of concrete and fieldstone and the excess runoff water is washing out the fieldstone in the foundation, which has no footings. They have ruled out external drains and propose putting in a new wall in front that will be about 2.5’-3’ high, to give an even elevation of 518’. They are proposing repaving the driveway, keeping the wall at one end and adding a pipe going out to a 2’ x 1.1’ riprap splash block. It will drain into a stone and gravel area. Erosion control will go along the shoreline. Mary asked Matt to clarify the details on the splash block and Matt shared a photo of the proposed splash block location. Bob asked if there is a DEP number and any comments. Matt replied they have a number and there were no comments. Motion: Bob P., Second: Rich B. To approve the Notice of Intent with a Standard Order of Conditions. Roll Call Vote was unanimous to approve. Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Request for Determination by William Bernard to cut a maintenance path for access to Lake Shirley Dam at 25 Fire Road 19- Bill Bernard (DPW Director) reported that in a recent inspection of the Lake Shirley Dam, there was some erosion noted downstream where the stone slabs are located. He needs to bring some stone in and will need to have a way to get in. He would like to cut a path through the woods, clearing downed trees and underbrush, so he can get a tracked machine in to do the work. Mary and Jenny did a site visit and Mary noted there were some flagged wetlands, as well as beaver activity in the area. Bill replied that the wetlands flagging was done for the new house being built next to the dam. Sophie screen-shared the nearmap for the site and Bill indicated the proposed path. He noted that Fire Road 19 is a private way. Bob stated that the town should be able to access town property to do maintenance on the dam. Mary screen-shared a map and said she would want to document if the cart path would involve a wetlands crossing. The Commissioners discussed and agreed the town should have access for maintenance of the dam, but they do need to follow rules regarding any flagged areas. Bill pointed out that the project would be within 200’ of the Catacunemaug Brook and it would need to be a NOI -not an RDA. He added it was his understanding that land was deeded to the town by the Lake Shirley Improvement Corporation so someone could apply for ===PAGE 4=== state money to repair the dam and the town may have deeded rights to access their property off Fire Rd 19, which he will look into. Motion: Rich B., Second: Bob P. For a positive determination on this application and recommend a Notice of Intent filing. 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 Matthew & Carly Penniman for connection of an existing dwelling to a municipal sewer service at 636 Massachusetts Ave. – Greg Roy (Dillis & Roy), representing the applicant, screen-shared the site plan. He noted that they have flagged the wetlands and indicated the location of the flags on the site plan, as well as the 30’, 50’ and 100’ buffer limits. The proposed project is to connect the existing structure to the municipal sewer system. Currently, the site is serviced by a septic system behind the house which will be abandoned when they connect to sewer. The line to the sewer will come out from the front of the house and connect to the terminal manhole on Mass Ave. They have reviewed the project with Bill Bernard (DPW Director) and filed with the Mass DOT for a utility access permit within the state right-a-way, which they have already received. Greg stated that they filed for an RDA because it will not involve any construction, it will take 2-3 days and the location of the sewer line connection is greater than 50’ away from the jurisdictional area. He noted the placement of the erosion control barrier along the driveway, where it could be staked and prevent any silt from washing across the driveway into the down gradient. Greg also pointed out the stockpile area for material from the trench. Motion: Bob P., Second: Chris S. For a negative determination. 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 2/7/24 to 2/21/24) – Matt Marro and Kevin O’Brien – Matt reported that he, Mr. O’Brien, Sophie, and the Planning Consultant met. He added that Sophie was going to look at bids and scope. They had a proposal from EcoTec, which is no longer a conflict of interest. Matt screen-shared a map of the whole lot and noted the delineated wetlands have been relocated by survey. The third party will go out to recertify the wetlands delineation. The quote from Mr. Allen at EcoTec was for that scope and any vernal pools that are discovered, will be noted. Matt added that the area on the lower right corner is marked on the DEP website as a potential vernal pool. If they do any work in this area, it will be revisited. The town can regulate it as a vernal pool because the state has listed it as a potential vernal pool. Matt stated that the applicant is willing to pay for the third party review, per Mr. Allen’s quote. Mary asked Matt what the difference was in scope between EcoTec and the other quotes. Matt replied that Oxbow’s high quote involved looking at the entire area for a vernal pool and certifying it. Mr. Allen’s proposal said they would look over all the wetlands on the site and if they find a vernal pool, they will note it. Bob stated that before they move forward, he would want to be sure EcoTec was aware that the area had been heavily disturbed since 2008 and the disturbance has the potential to greatly increase the work. Bob added that he thinks some of the wetlands that were delineated in 2008 have since been disturbed. Some wetlands may have been destroyed or relocated and new ones created. He wants EcoTec to know what they are getting into so they will not come back later asking for money to complete the job. Mary suggested if they proceed, they could make it contingent on Sophie or Bob contacting EcoTec about Bob’s concerns. Bob stated it should be Sophie or Mr. Harris involved. Matt screen-shared a schematic photo and pointed out the wetlands, as well as work areas. He suggested that Sophie could send EcoTec the 2 schematics that he has sent her for comparison. Matt pointed out that Mr. ===PAGE 5=== Allen is a soil scientist also. Rich B. suggested accepting the quote from EcoTec and recommending them as a 3rd party reviewer. Now staff can follow-up on the quotes and initiate the paperwork for the 53G funding and fund the account. Then the town will hire and pay the 3rd party reviewer, and work with the applicant’s agent to verify all the details of the application. Their report will be presented to the Commission for review and continuation of the application. Motion: Bob P., Second: Rich B. To approve the use of EcoTec, contingent upon staff confirming that EcoTec is aware of the disturbance that has taken place on the property when they formed the quote. Roll Call Vote was unanimous to approve. (Jenny not eligible to vote on this.) Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Notice of Intent by Stefan McSweeny for the construction of a single family home and associated site work at 255 Sunny Hill Road. (DEP 208-1320). (Continued from 1/17/24 to 2/21/24) – Mary stated that the applicant requested to continue to 3/6/24. Motion: Bob P., Second: Mike L. To continue the hearing to 3/6/24. Roll Call Vote was unanimous to approve. Ken Paton asked to make a comment but the Commissioners noted that he could not do so since neither the applicant nor his agent were present. Ken did state his frustration at attending multiple meetings that the applicant/agent did not show. Bob stated that it is not unusual for hearings to be continued for a long time. He added that the applicant asked to continue until they got a DEP number, which they now have but they are still continuing. 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 2/7/24 to 2/21/24). Motion: Mike L., Second: Chris S. To continue the hearing to 3/6/24. 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 208-1316) (Continued from 2/7/24 to 2/21/24). Greg Roy (Dillis & Roy), representing the applicant, screen-shared the revised site plan. He noted that this is one of 3 building lots under 20 Kilburn St. Lot 1 was previously approved by the Commission as a negative determination and Lot 3 was approved as an Order of Conditions. Greg stated they submitted a cover letter with the revised plan dated 2/15/24. The cover letter listed the Commission’s comments along with their plan revisions. The revisions note: 1.) The construction of the force main through the wetland area will be completed within 7 calendar days and the restoration will be completed in 7 calendar days after the placement of the force main and sleeve. 2.) The contractor will notify the Commission prior to beginning work within the wetland area and submit a construction schedule for all work in that area. 3.) The boulder spacing has been tightened up to 25’ apart. 4.) Limit of work noted on plan. 5.) Prior to construction, they will do an inventory of wetland shrubs and following construction, they will replant the same species at a 1 to 1 ratio. Greg added that there are no trees proposed to be removed. In regard to smaller wetland plants, they will be translocating the soil and overseeding with New England wetland mix. Motion: Chris S., Second: Mike L. To approve as proposed with a Standard Order of Conditions. Roll Call Vote was unanimous to approve. ===PAGE 6=== Greg thanked the Commission and apologized for any inconvenience caused to the Commission or public. He also commented that the City of Worcester announces any continued hearings at the beginning of the meetings and in other towns, the office calls to verify attendance for hearings prior to setting the agenda. Mary welcomed the suggestions. Bob and Rich B. noted that they still have to open the hearings and then continue to a date certain. Mary stated it was an excellent idea to move the continued hearings to the beginning of the meeting. NEW BUSINESS: Topics unknown 48 hours in advance of meeting – Update on Earth Day – Mary reported she has been talking to Colleen Shapiro (Parks) about doing some type of event. She added that she cannot be as active as last year but welcomed involvement from others. Town website improvements/changes – Bob sent the Commissioners an email with proposed changes to the website. He noted that the staff have been asking to have more information about the application process added to the website. Bob asked for a vote to authorize him and anyone else interested to meet with Kara who does the website. He wants to discuss restructuring the website and adding information about the forms and application process. Chris S. asked what happened to the website and Bob replied they used to have a landing page that talked about the Commission, as well as its Mission. From there you could go to the Wetlands Applications page or to the Land Use page, where you could find trail maps, land use regulations and grant information. When they went to the new website format, everything is now on one page and there is misinformation on it. Half of the links are missing and Mary noted she could not find the regulations on it. Bob said that Heather told him that they cannot have multiple pages. He noted that there is nothing that states the land use regulations for the properties or stating the properties are maintained by the Commission. Chris noted that they could add links to the blue rectangle on the page. The Commission discussed how to add headers to separate land use from wetlands information. Mary also asked to add information on the Pollinator Habitat. Motion: Rich B., Second: Mike L. That Bob Pease be our representative on behalf of the Commission, in talking to the town and the resources managing this webpage and advocate that he be our representative, to make the changes he is proposing. Roll Call Vote was unanimous to approve. Discussion of in person meetings- Mary reported that she had reached out to Heidi and Heather regarding the issues with managing the waiting room feature on Zoom. It was suggested by Michael Ray Jeffreys that the Commission should move towards in-person or hybrid meetings. Bob stated that he thought the public would be poorly served if they went to in-person meetings since the meetings are very long for residents to sit through in person. Also, they look at a lot of plans which would not be easy for everyone to see in person and some topics attract large groups which would not fit any room available. With Zoom, every meeting is recorded for all to see and members can participate even when out of town. Rich B. agreed with Bob and noted that there has been greater participation because they are Zoom meetings. He would not be in favor of hybrid meetings unless the technology improves and is in place at the meeting rooms. Chris asked why the state would be able to mandate in-person meetings and Mary replied that they can as part of Open Meeting Law but the current extension for remote meetings is until March 2025. Chris, Mike, and Jenny were not in favor of in person meetings for the reasons previously mentioned. Mary stated she is very comfortable with Zoom and said the town should make it easier for people to volunteer to be on the commissions. She added that Zoom encourages more public participation-even if they are out of town. Rich B. suggested as a rebuttal to the Select Board, that until such time as the facilities are available for virtual/hybrid meetings, they will serve the public better as a virtual board. Bob noted that Heather is working on a handbook for boards and commissions, with a section on remote meetings. He added that at least one member of the Select Board feels strongly that ===PAGE 7=== they should meet in person. Mary questioned who would be responsible for setting up the hybrid meeting and whether that would fall on office staff. Sophie replied that she understood when she was hired that the meetings were remote and that was a factor in accepting the position. OLD BUSINESS: Update on Title Searches – Bob stated that he sent everyone the results from the Town Attorney on the 3 title searches. The first is a swamp surrounded by the Cowdrey property which turns out to be 2 properties-one probably owned by the town already and the other needs more probate work done. At a future meeting, Bob will ask for authorization to have the assessor aggregate the parcels; then at a town meeting, have the town put the parcel it owns under the care and control of the Conservation Commission. Also, to take a vote to have the Town Attorney do the probate research to eventually take the other parcel by tax title. The other 2 properties would give access to land locked parcels and come close to the Fairbanks gift. One parcel is known as 0 Turnpike Rd and the Select Board was thinking of putting a retention pond there, to handle some of the stormwater on Flat Hill Road. Bob asked the Commission for authorization to meet with Heather to find out the next steps, and where they are in regard to what the Select Board is doing. Mary questioned if there was a problem with building a retention pond on conservation property and Bob replied he believes they cannot, but if the town builds the retention pond first, then they can turn it over to Conservation. Chris asked if anyone had heard of adverse possession, where if the property has been used for recreation for a period of time, the town may be able take it. Bob noted he had helped someone acquire a small piece of land, but you still have to know who owns it. Motion: Mary W., Second: Mike L. To authorize Bob and Chris to talk to the Town Manager and/or Town Attorney on the Commission’s behalf. Roll Call Vote was unanimous to approve. Update if any on encroachment issues at: 950 Chase Road & 315 Lancaster Ave. – no update Administrative Determination: Extension Request Permits: 960 Mass Ave- Sophie noted this was a mistake and she had no documentation. Northfield & Chase Rd – Sophie stated this is a forest management plan and Bob said this was just a communication to extend the forest management plan for the Raino property. Lake Shirley OOC extension request- Sophie noted that they had to file a form and she screen-shared the request letter. Rich B. stated that they just needed to send the request letter and that the form states they can only grant a 3 year extension. Mary noted that the letter only asks for a 3 year extension. Motion: Bob P., Second: Chris S. To extend the Order of Conditions for 3 years. Roll Call Vote was unanimous to approve. Rich B. clarified the extension would be to Fall 2027. Notice of Project Change: Certificates of Compliance: 176 Elmwood Rd – site walk -no update Holman St Lots 3 & 4 – no update ENFORCEMENT: Violations (Enforcement Actions and Hearings) 780 Northfield Road- culvert – Sophie reported she is working on it but there were a couple things on the form that she was hesitant about. She will send it out to the Commissioners for comment. 205 Sunset (Beers lot) 10 Massachusetts Avenue 1168 Mass Ave Rear ===PAGE 8=== Mary noted there is another property on Hickory Hills Lake and Sophie noticed some violations. She advised them to file an RDA but they have not done so yet. Bob suggested adding 141 Hemlock to the list of enforcements and violations they are tracking. He noted that they had cut down a bunch of trees without permission because they were no staff in the office, so they will need to file a retroactive RDA. Emergency Certification: Open Space and Land Use: Grants Update (LCC sponsored, award year 2023)- Mary and Bob are waiting to figure out how to raise RFQs for the parking area planning drawings. Bob said he will work on it after the website. Grants Update (LSR sponsored, award year 2022) -Mary noted they have done several projects and are close to being able to order the ATV , which will allow the Snow Riders to do more projects year around. She asked Polaris for an updated Buy America certificate to be reviewed by the Mass Trails administrator. Conservation Land Improvement – Bob reported that he went out today to cut the new trail on the Lane property where it dead ends at someone’s property and it now joins up with the other trails. Hollis Road Residence: Update – Maintenance Work – Mike L. spoke to Chris Ruth and reported Nick Morrison is still on the lookout for some nice used kitchen cabinets for the house. Chris asked for permission to work on a budget number for upgrading the cabinets, counters, and associated plumbing/electrical, so he can present it to the Commission. That way he could have an amount to add to the cabinets and will keep it under the $10K limit. This year they are hoping to finish up the house painting project. Committee Reports – Any Update Open Space Committee – Mary reported they met with the town for a site walk at the Lake Shirley property that they recommended to be conveyed to Parks. She noted that the parcel at 0 Reservoir Road had an existing encroachment, where a resident had paved adjacent to Stump Cove on the town property. The Selectmen were surprised to see the encroachment and the resident still had a lot of possessions parked there. Stormwater – Jenny will attend her first meeting on 2/22. Public Comment: Chris screen-shared a GIS map, noting 781R Page St and said it is listed for sale on Redfin for $49K. The Commission discussed the ownership of the parcels in that area and possibilities of access to other lots. Mary noted that Ashleigh has put in her 2 week notice and her last day will be 2/29/24. She wished Ashleigh all the best and thanked her for holding things together while they looked for an administrator. Motion: Mike L., Second: Chris S. To Adjourn at 11:03 pm. Roll Call Vote was unanimous to approve. Respectfully submitted, Jane L. Ranley Minutes Clerk ===PAGE 9===