# conservation-commission — 10 documents, concatenated for reading and search # # This is a CONVENIENCE BUNDLE, not a source. Every document below is # published separately and byte-identically; cite the individual file, # whose path is given in each header, rather than this bundle. # Index of all boards: https://lunenburgbudgetproject.org/minutes/INDEX.txt # The town's own scanned original is linked per document. ======================================================================================== DOCUMENT : 2024-03-06-agenda-6447.txt BOARD : conservation-commission DATE : 2024-03-06 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2024-03-06-agenda-6447.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_03062024-6447 ======================================================================================== ===PAGE 1=== Mary Wilson, Chair Bob Pease, Vice Chair Jennifer Pewtherer Richard Bursch Jeffrey Viviano Michael Larouche Chris St. Germain March 6th, 2024 Workshop Training on Sharepoint begins at 6:30 Public Meeting Begins at 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 6:30 Sharepoint Training for Conservation Commissioners REVISED 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 –– August 2, 2023 – August 16, 2023 – September 6, 2023 – September 20, 2023, February 21, 2023 Appointments/Hearings – Begin at 7:00pm APPOINTMENT NEW PUBLIC HEARINGS Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Request for Determination by Adam Lavine and Nathaniel Stewert for the replacement of existing fence at 7 Park Street Terrace Tel: (978) 582-4146 960 Massachusetts Ave Lunenburg, MA 01462 Sophia Dorow Conservation Administrator Vacancy 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 Marylyn Yonika for removal of trees at 34 Hemlock Terrace. 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 Andrew Storm for installation of a freestanding dock at 735 Flat Hill Road CONTINUED PUBLIC HEARINGS Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on an Abbreviated Notice of Resource Area Delineation by Kevin O’Brien at 390 Howard Street (DEP 208-1304) (Continued from February 21st to March 6th ). 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 February 21st to March 20th). 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 March 6th). NEW BUSINESS: Topics Unknown - 48 Hrs Advance of Meeting Town website improvements/changes OLD BUSINESS: Update on Title Searches Encroachment Issues: 950 Chase Rd - Shed Removal 315 Lancaster Ave Administrative Determinations: Extension Request Permits: 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: 141 Hemlock 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 20, 2024 at 7:00 PM by Zoom platform ======================================================================================== DOCUMENT : 2024-03-06-minutes-6447.txt BOARD : conservation-commission DATE : 2024-03-06 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2024-03-06-minutes-6447.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_03062024-6447 ======================================================================================== ===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 Vacancy Chris St. Germain Conservation Assistant March 6, 2024, 7:00PM, ZOOM REMOTE Minutes 6:30- 7pm – SharePoint training workshop for Commissioners by Casey Chisholm (Suzor I.T.) Call to Order at 7pm Roll Call: Bob P., Rich B., Mike L., Chris S., Mary W., and Sophie Dorow (Administrator) Absent: Jenny P. and Jeff V . Announcements/Public Comment- none Minutes of previous meetings – Motion: Bob P., Second: Chris S. To approve the minutes for 9/20/23. Roll Call Vote was unanimous to approve. Motion: Bob P., Second: Mike L. To approve the minutes for 2/21/24. Roll Call Vote was unanimous to approve. Appointments/Hearings- Sophie reported that she had requests for continuance for 171 Arbor St. and 255 Sunnyhill Rd. CONTINUED PUBLIC HEARINGS Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Notice of Intent by Stefan McSweeny for the construction of a single family home and associated site work at 255 Sunny Hill Road. (DEP 208-1320). (Continued from 2/21/24 to 3/20/24) – No one in attendance and requested to continue to 3/20/24. Motion: Chris S., Second: Mike L. To continue the hearing to 3/20/24. 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 2/7/24 to 3/6/24). Applicant requested continuance to 4/17/24. Motion: Chris S., Second: Rich B. To continue the hearing to 4/17/24. Roll Call Vote was unanimous to approve. NEW PUBLIC HEARINGS Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Request for Determination by Adam Lavine and Nathaniel Stewart for the replacement of existing fence at 7 Park Street Terrace. Adam noted that they recently purchased the property and are asking to replace the old wooden fence with a new vinyl fence. He added that the fence ends at the lake. Sophie and Bob screen-shared pictures and a drawing with the fence line ===PAGE 2=== highlighted. Sophie noted she has not done a site walk yet. Adam stated that no trees will be removed and he believes the work will be done by hand. Rich B. asked for a condition that if equipment is used, they will need erosion control. Motion: Bob P., Second: Chris S. To approve as presented, with the condition that if equipment is being used to remove the fence, that erosion control be installed between the end of the fence and the wetland. Discussion: Mary asked to add an amendment that if they use equipment, they will notify the administrator. Rich B. stated that they need to change it to a negative determination – not an approval. Motion was restated: Motion: Bob P., Second: Mike L. To move for a negative determination, with the condition that if they decide to use heavy equipment, they will notify the office and there be erosion protection placed between the end of the fence and the wetland. 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 MaryLyn Yonika for removal of trees at 34 Hemlock Terrace. MaryLyn stated that her insurance company told her to remove all trees within 20’ of the house or her insurance would be cancelled, which they did. She has secured new coverage and would like to remove 7 trees that are overhanging and close to the house. Sophie screen- shared the application and site drawing, indicating the 7 trees for removal. MaryLyn did not know the position of the buffer zones and Sophie will do a site visit to make that determination. Motion: Bob P., Second: Chris S. To continue hearing to 3/20/24. Roll Call Vote was unanimous to approve. MaryLyn asked how soon she could remove trees after she receives approval. The Commission discussed and agreed with 10 days after they sign the documents. 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 Andrew Storm for installation of a freestanding dock at 735 Flat Hill Road. Andrew Storm gave a presentation with pictures, showing his proposal to install a freestanding aluminum and stainless steel dock 4’ x 30’. The surface will be “FlowThru” panels which allow sunlight and water to flow through. The dock will be assembled on site, with no excavation or tree removal and will be removed in the fall before draw-down. Andrew confirmed that this will be the 2nd dock on the property and will be used to moor a pontoon boat. The Commission briefly discussed whether 2 docks are allowed. Motion: Bob P., Second: Mike L. For a negative determination, to allow it to proceed. Roll Call Vote: Chris S.-aye, Mike L.-aye, Rich B.-no, Bob P.-aye and Mary W.-aye. 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 21st to March 6th). Matt Marro and Kevin O’Brien present. Matt reported that Mr. Allen (EcoTec) is standing by his quote for 3rd party review and Mr. O’Brien has agreed to pay. Sophie read correspondence to and from Mr. Allen regarding the flagging. Matt confirmed the flagging has been refreshed and restaked by Mr. Rheault. He noted that the next steps would be for Sophie to get an escrow account set up with the town and he will give her the check. Bob questioned if the flagging from 2008 had been surveyed located. Matt said if Mr. Allen comes back with extra charges, Mr. O’Brien is willing to pay. Mary stated that a vote was not needed to proceed. ===PAGE 3=== NEW BUSINESS: Topics unknown 48 hours in advance of meeting – Mary noted the following topics for discussion: 1. The Commission discussed options for shorter meetings, such as holding administrative only meetings, holding workshops on the 5th Wednesday of some months, and tabling no-critical items if it is getting late. 2. Mary suggested listing all required tasks on the Order of Conditions document, which would be passed to any new owners. Rich suggested adding a page with the details on the design, so it is filed at the Registry of Deeds. 3. The Commission discussed the vacancy for the Conservation Assistant and will ask the Select Board to increase the hours from 10 to 19 hours/week. Rich suggested using the excess payroll from the period without staff to pay for a temp to help Sophie catch up paperwork. Motion: Rich B., Second: Chris S. To authorize Mary and Bob to be representatives to talk to the Select Board. Roll Call Vote was unanimous to approve. 4. The Commission discussed hiring a consulting wetland scientist for complex applications, such as subdivisions, large scale delineations, etc. There is a provision in the bylaws which would require the applicant to fund this. Mary and Rich will work on a proposal to the Commission. 5. Sophie suggested using opengov.com to streamline the application process and screen-shared a sample from the Town of Lexington. The Commission discussed other departments using this and the recommendation from the Building Inspector. Town website improvements/changes- Bob noted that he will be meeting with Sophie regarding this. OLD BUSINESS: Update on Title Searches- Bob reported that he will be meeting with Town Counsel on 3/21 regarding the Title Searches. Also he and Chris will setup a meeting with the Town Manager. Encroachment issue: 950 Chase Road – shed removal – no update. 315 Lancaster Ave. – Bob reported that the certified letter came back as unaccepted and he will discuss this with Town Counsel. Mary suggested working on the next batch of 6 or 8 encroachment issues and Chris offered to work with Bob on these. Administrative Determination: Extension Request Permits: Notice of Project Change: Certificates of Compliance: 176 Elmwood Rd – Sophie did a site walk and screen-shared photos, showing the culvert with water- flowing and lots of revegetation. She shared a letter regarding compliance from the engineer, David Ross. Motion: Bob P., Second: Rich B. To issue a Certificate of Compliance to 176 Elmwood Rd. Roll Call Vote was unanimous to approve. Holman St Lots 3 & 4 – Sophie reported that she had numerous concerns about stabilization, lack of vegetation, stormwater running off at a forceful rate and going under the erosion control, and silt going into the wetland. She screen-shared photos of these concerns and noted that 90% of the runoff was going through only 1 of the 2 culverts. Sophie emailed her concerns to the engineer who replied it was as it was designed and read the engineer's reply. Motion: Bob P., Second: Chris S. That the Conservation Commission authorize our Administrator to issue an enforcement order to the engineer. ===PAGE 4=== Discussion: Mary noted that Lot A had an open Certificate of Compliance last fall but did not comply and it has not come back on the agenda yet. Bob amended his motion to add: an enforcement order for failed silt fence and to correct the silt going into the wetland. Roll Call Vote was unanimous to approve. Sophie noted the rain garden is a giant pile of mulch and Bob asked to add that to the enforcement also. Sophie added that the water goes through the culvert but misses the rain garden, which is only slightly indented. Rich stated the approved plan of 8/2022 has the construction schematic for the rain garden. Motion: Bob P., Second: Rich B. To deny the motion for a Certificate of Compliance without prejudice. Roll Call Vote was unanimous to approve. ENFORCEMENT: Violations (Enforcement Actions and Hearings) 141 Hemlock – Sophie did a site visit and noticed several trees cut without approval. The homeowner said they had permission from the neighbor to remove trees and that they called the office several times during the staff shortage. When they received no responses, they cut the trees. Sophie screen-shared photos of the property and cut trees, which appear to be in the buffer zones. They were told to do a retroactive RDA and were scheduled for the 3/20 meeting, but they stated they could not attend. The Commission discussed options for a continuance, enforcement, and fines. The Commission asked Sophie to research whether to file an RDA or amend the Order of Conditions and to contact the neighbor regarding trees removed from their property. 205 Sunset (Beers lot) – no update 10 Mass Ave- no update 1168 Mass Ave Rear- no update Emergency Certification: Open Space and Land Use: no updates Hollis Road Residence: Lease Agreements & Tenant Responsibilities Property Maintenance – Mike L. reported that he had not heard back from Chris Ruth about a proposal for the work on the kitchen. Committee Reports: Open Space- The Commission discussed 100 Howard St. subdivision which will be coming out of Chapter 61. The town has 1st right of refusal, with 120 days to respond, starting 3/2. Mulpus Brook runs through the property but it is not contiguous with other conservation land and it does not meet any of the 6 criteria for open space. Motion: Bob P., Second: Chris S. To advise the Select Board, Open Space Committee and Planning Board that the Conservation Commission does not recommend acquisition. Roll Call Vote was unanimous to approve. Public Comment: Mike noted that Arbor Day will be 4/26 and asked if there were any planned events. Mary replied no but she is working with Colleen (Parks) on a series of Earth Day events in April. Rich noted that the fee schedule for 3rd party peer reviews is in the Bylaw and on MACC. Motion: Rich B., Second: Chris To adjourn at 10:48pm. Roll Call Vote was unanimous to approve. Respectfully submitted, Jane L. Ranley (Minutes Clerk) ===PAGE 5=== ======================================================================================== DOCUMENT : 2024-04-03-agenda-6506.txt BOARD : conservation-commission DATE : 2024-04-03 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2024-04-03-agenda-6506.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_04032024-6506 ======================================================================================== ===PAGE 1=== Mary Wilson, Chair Bob Pease, Vice Chair Jennifer Pewtherer Richard Bursch Jeffrey Viviano Michael Larouche Chris St. Germain Lunenburg Conservation Commission April 3rd, 2024 Public Meeting Begins at 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/83508358226 Meeting ID: 835 0835 8226 One Tap Mobile: +16469313860,,83508358226# US Phone callers may unmute by pressing *6 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-August 16, 2023–September 6, 2023- March 6, 2024, Appointments/Hearings – Begin at 7:00pm APPOINTMENT NEW PUBLIC HEARINGS Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Request for Determination of Applicability by Dave Katralis for the removal of dead trees and addition of an open deck within the Buffer zone of a wetland at 189 Hemlock Drive. Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Request for Determination of Applicability by Jan Willem for laying of a naturalized stone steps and crushed stone path within the Buffer zone of a wetland at 141 Hemlock Drive. Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Notice of Intent by John & Annette Gallagher for the reconstruction of the existing deck within the 50 ft and 100 ft buffer zone of a wetland on Lake Shirley at 376 Sunset Lane. Tel: (978) 582-4146 960 Massachusetts Ave Lunenburg, MA 01462 Sophia Dorow Conservation Administrator Vacancy 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 for a Request for an Amendment to the Order of Conditions DEP# 208-1310 by Matt Mitrano for new site improvements of a staircase, reconstructed porch with expanded footprint, reconstructed concrete walkway & masonry walkway within the buffer zone of a wetland on Lake Shirley at 386 Sunset Lane. CONTINUED PUBLIC HEARINGS Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on an Abbreviated Notice of Resource Area Delineation by Kevin O’Brien at 390 Howard Street (DEP 208-1304) Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Notice of Intent by Stefan McSweeny for the construction of a single family home and associated site work at 255 Sunny Hill Road (DEP 208-1320). (Continued from February 21st to April 3rd). 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 Marylyn Yonika for removal of trees at 34 Hemlock Terrace. (Continued from March 6th to April 3rdth) 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 April 17th). NEW BUSINESS: Topics Unknown - 48 Hrs Advance of Meeting OLD BUSINESS: Update on Title Searches Office Operations Town Website Changes April Earth Day Events Wetland Brochure in Tax Mailling Encroachment Issues: 950 Chase Rd - Shed Removal 315 Lancaster Ave Administrative Determinations: Extension Request Permits: Notice of Project Change: Certificates of Compliance: 305 Arbor st-DEP#208-387 & 208-472 41 Country Rd Northfield rd Lot A 208-1263 ENFORCEMENT: Violations, Enforcement Actions, and Hearings: 10 Mass Ave 141 Hemlock 205 Sunset (Beers lot) 1168 Mass Ave Rear 12 Fire rd-Hearing 950 Chase rd 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 April 17th, 2024 at 7:00 PM by Zoom platform ======================================================================================== DOCUMENT : 2024-04-03-minutes-6506.txt BOARD : conservation-commission DATE : 2024-04-03 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2024-04-03-minutes-6506.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_04032024-6506 ======================================================================================== ===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 Richard Bursch Sophia Dorow Jeffrey Viviano Conservation Administration Michael Larouche Chris St. Germain April 3, 2024, 7:00PM, ZOOM REMOTE Minutes Roll Call: Bob P., Jenny P., Rich B., Mike L., Chris S., Mary W., and Sophie Dorow (Admin.) Absent: Jeff V . Call to Order at 7pm Announcements and Public Comment – none Minutes of previous meetings – 8/16/23, 9/6/23 and 3/6/24 Motion: Bob P., Second: Chris S. To approve the minutes of 3/6/24 as distributed. Roll Call Vote: Bob P.-aye, Jenny P.-aye, Rich B.-aye, Mike L.-aye, Chris S.-aye, and Mary W.-aye. Motion: Chris S., Second: Mike L. To approve the minutes of 9/6/23. Roll Call Vote: Bob P.-aye, Jenny P.-aye, Mike L.-aye, Chris S.-aye, and Mary W.-aye. Rich B. - abstained. Motion: Bob P., Second: Chris S. To approve the minutes of 8/16/23. Roll Call Vote: Bob P.-aye, Jenny P.-aye, Mike L.-aye, Chris S.-aye, and Mary W.-aye. Rich B.- abstained. Appointments – none Requests for continuation – 171 Arbor Street to continue to 4/17/24. Brian Marchetti stated he was ok with a continuation and noted the assessment by Fisheries & Wildlife saw evidence of the Blanding’s Turtle. They have redesigned the plan from 4 lots to 3 lots, with a common driveway and the plan was accepted by National Heritage. They now need to modify the frontage for approval and are working on acquiring 12’ of frontage from the neighbor. They may need to continue to May to work out issues. Motion: Chris S., Second: Bob P. To continue 171 Arbor St. hearing to 4/17. Roll Call Vote: Bob P.-aye, Mike L.-aye, Chris S.-aye, and Mary W.-aye. Rich B.-abstained and Jenny P. not eligible to vote. NEW PUBLIC HEARINGS Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Request for Determination of Applicability by Dave Katralis for the removal of dead trees and addition of an open deck within the Buffer zone of a wetland at 189 Hemlock Drive. Dave Katralis stated he has some dying trees that he would like to remove to stop damage to his roof and shed and is willing to replant new trees. Sophie estimated there are 8-10 trees within the 30’, 8 within the 50’, 8 within the 100’ and a couple outside the 100’. Dave will obtain a list of ===PAGE 2=== replacements when the landscaping businesses reopen. Sophie screen-shared photos of the marked trees, noting beaver damage on some and that 15 looked unhealthy. Dave and Sophie identified the species of trees. Dave confirmed the proposed deck would be a 12’ x 12’ open deck. Bob asked to continue the RDA and asked Dave to provide a replacement plan with information about the size and placement of the trees. Mary asked to add quantity and species, noting a minimum of 2 replacements for each large tree. Motion: Rich B., Second: Mike L. To continue 189 Hemlock Drive hearing to 5/1/24. Roll Call Vote: Bob P.-aye, Jenny P.-aye, Rich B.-aye, Mike L.-aye, Chris S.-aye, and Mary W.-aye. Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Request for Determination of Applicability by Jan Willem for laying of a naturalized stone steps and crushed stone path within the Buffer zone of a wetland at 141 Hemlock Drive. Jim van Ess (owner) stated they recently bought the house, which is built on a sloping piece of land, down to the lake, with 20’-25’ of waterfront. Sophie screen-shared the application and site plans. Jim noted the area leading to the dock is muddy and would like to put natural bluestone on a bed of crushed stones. An 8’ walkway from the house will narrow to 6’ at the waterline. Sophie did a site visit in December and observed some clearing on the site. Jim stated that he had some dead pine trees and received permission in October from Hickory Hills to remove them. They told him that he also needed permission from the Conservation Commission. Jim said he left numerous messages at the office in November without any responses, so he took the trees down in December. Mary asked Sophie if she found the NOI for the construction of the house and Rich B. stated that it had not been recorded at the Registry of Deeds. The Order of Conditions was issued in October 2018 and with the Covid extension, was due to expire last year. Jim stated the title was clean when they purchased the house. Rich noted the property is still bound by the Order which needs to be completed and signed off on so a Certificate of Compliance can be issued, prior to moving forward. Currently, it shows up at the Registry of Deeds as an open lien. Sophie screen-shared a drawing showing trees removed and Jim confirmed trees that were cut. Rich said he was not sure how the grading was done in the 30’ and area needs to be re-vegetated and stabilized. He recommended to have a landscaper stake the position of the walkway. They need to close the OOC, issue the COC and then address the RDA. He also asked for specifics on materials used and to put in drainage. Bob screen-shared the 2018 Tree Plan for existing and proposed removal, with all trees survey-located. Jim will schedule a site walk in May with Sophie. Mary noted they will work with Jim on the enforcement issue. Motion: Mike L., Second: Rich B. To continue 141 Hemlock Drive hearing to 5/15/24. Roll Call Vote: Bob P.-aye, Jenny P.-aye, Rich B.-aye, Mike L.-aye, Chris S.-aye, and Mary W.-aye. Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Notice of Intent by John & Annette Gallagher for the reconstruction of the existing deck within the 50’ and 100’ Buffer zone of a wetland on Lake Shirley at 376 Sunset Lane. – Greg Roy (Dillis & Roy), representing the owners, John & Annette Gallagher – Greg screen-shared the site plan of an existing house on Lake Shirley with 2 driveways. Application is to reconstruct an existing deck which is not in safe condition in the 50’ no build. Also the applicant would like to add a 4’ metal safety fence at the top of the retaining wall near the water. The existing deck is 32.5’ from the water and they are proposing adding a gutter system under the deck which will divert water to a new drywell. The DEP file number is #208-1321 and they were asked to add the 100 year flood elevation. No work will be done in the flood plain and no trees removed. The current deck is impervious and it is lawn outside of the deck. The safety fence will be driven or dug by hand. Rich asked the applicants if they would be ok with an open seam deck and John replied he preferred the gutter system but would do the open seam if required. Sophie did a site walk and screen-shared a sample picture of the proposed fence ===PAGE 3=== material. The Commission discussed the pervious vs impervious deck and whether to allow the proposed expansion of the deck. Greg stated that they will revise the plan, excluding the gutter system and committing to a standard deck with open slats. Motion: Rich B., Second: Bob P. To approve the application with special conditions that the decking be standard open seam decking, that the expansion be allowed, the proposed dry well to be denied and simple hand construction installation of the safety fence. Roll Call Vote: Chris S.-aye, Mike L.-no, Rich B.-aye, Jenny P.-aye, Bob P.-aye, and Mary W.-no. Mary stated that they carried the approval with the majority. Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing for a Request for an Amendment to the Order of Conditions DEP#208-1310 by Matt Mitrano for new site improvements of a staircase, reconstructed porch with expanded footprint, reconstructed concrete walkway & masonry walkway within the buffer zone of a wetland on Lake Shirley at 386 Sunset Lane- Greg Roy (Dillis & Roy) representing Matt Mitrano. Greg pointed out that this was Rich Tremblay’s former property, which had an Order of Conditions for replacement of lake walls, other walls, and various improvements. The Commission closed the COC last year. A septic upgrade was done under a NOI, which is still open and transferred to the new owner, Matt Mitrano. Matt has a building permit to make interior renovations to the house and to add dormers. They are proposing some changes to the exterior footprint of the house. Since they have an open OOC, they are asking for an Amended Order of Conditions to do the proposed work. The proposed changes are as follows: 1.) Removing a 12” Maple and 24” Oak, which will be replanted, 2.) Remove existing concrete walkway and replace with open joint pavers, 3.) Add 6’ diameter circular, open tread staircase to give access to lower level from 2nd floor deck, 4.) Remove and construct larger porch approximately 70’ to 80’ from water’s edge. Matt noted the maple tree is broken at the top. The Commission discussed the trees to be removed and whether to be replaced. They asked for clarity on paver material and whether staircase could be attached on the south side of the deck, closer to the 50’ buffer line. Greg noted that they will have erosion protection. Chris & Alan Kullberg (380 Sunset Lane) – Chris stated that as an abutter, she has observed the 12” maple slowly dying and that she would be in favor of replacing it with something healthy. Rich noted that since it is within the 30’, it would need to be replaced by 2 red maples. The Oak is outside the 30’ so no replacement is required. Matt asked if the Commission could approve the porch and stairs now but Greg said the ZBA has a 30 day appeals process, which is beyond the next Conservation Commission meeting. Motion: Chris S., Second: Mike L. To continue 386 Sunset Lane hearing to 4/17/24. Roll Call Vote: Bob P.-aye, Jenny P.-aye, Rich B.-aye, Mike L.-aye, Chris S.-aye, and Mary W.-aye. 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) – Sophie noted neither Mr. O’Brien nor Matt had requested a continuance. She said the check was received for the 3rd party review. Rick Perkins (520 Howard Street)- stated he is below the development and asked what could be done about the retention ponds that are not retaining water during heavy rains. He has put silt fence up to divert water. Mary noted that they cannot discuss this without the applicant present. Bob added that stormwater is not under the jurisdiction of the Commission. Jenny suggested attending a Stormwater Task Force meeting and/or contacting Bill Bernard at the DPW. Bob said to contact the zoning official that enforces ===PAGE 4=== stormwater issues. Rick stated that silt is also coming from where Kevin put in his road. Mary told Rick to contact Sophie to get permission for a site visit to look at siltation flowing from uphill. Motion: Rich B., Second: Chris S. To continue 390 Howard Street hearing to 4/17/24. Roll Call Vote: Bob P.-aye, Rich B.-aye, Mike L.-aye, Chris S.-aye, and Mary W.-aye (Jenny P. not eligible to vote). 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 2/21/24 to 4/3/24). Brian Marchetti (McCarty Engineering) representing Stefan McSweeney, reported that the applicant did a site walk with Commissioners in February and there were questions about the wetland lines. MaryAnn DiPinto (wetland scientist) revised the flagging with Commissioners and the plan was updated. They have shifted the driveway 10’ further north, away from the Paton property, added a 2’- 3’plunge pool going to a culvert under the driveway to intercept run-off from upland properties, and shrank the house to pull it further from the buffer zone. The entire house is out of the 50’ no-structure zone but the driveway will require a wetland fill for access. They are proposing replication on the plan. Brian screen-shared the revised plan showing updates to the driveway and revised wetland lines, with about 1,570 sq ft of wetland fill. They are proposing 1:1 replication on the northern edge of the property, with 41 shrubs -- high bush blueberry, elderberry, and grey dogwood. The house has been raised a couple of feet to accommodate the culvert and shrunk by 10’ on the long side. Bob noted that replication needs to be 2:1. Mary asked if Ms. DiPinto had defined the edge of the riverfront and noted that it seemed like there was river current coming up to the land. Bob replied that they did not discuss that but he pointed out wetland plants and asked about doing soil cores. The Commission questioned the placement of the wetland flags and noted that some looked like they went through the wetland – not at the perimeter. Chris asked about DEP comments and Brian replied the comments related to stormwater issues with the subdivision of the 4 lots. Rich B. requested a 3rd party consultation for the wetland and riverfront delineation. He also confirmed that a 2:1 replication is required. He asked Brian to provide a narrative on the division of the land since 1978 and list of incursions on the buffer zones. Jenny screen-shared the NOI comments which suggested the 3rd party review and Bob read a list of companies to contact. Mary asked Sophie to contact a few for quotes. Rich B. added that they need to replicate with the same species and to follow the bylaw requirements. He recommended they stake the center line of the driveway and the corners of the proposed house. Mary stated they will do a site walk after the 3rd party review. Ken Paton (290 Leominster Rd -abutter) – said he appreciated having the driveway moved away from his property line. He screen-shared an aerial photo of the site, pointing out ponding water which should be part of the wetlands. He shared a sewer line map that shows the 30’ buffer up to his property line, as well as a plot plan of subdivisions by former owner Bill Drumm. He noted that he has 2 drains on the property line and shared a video of water going to the catch basin during a storm. Brian stated that the culverts will be buried under the driveway to move water to the other side and prevent erosion. This will take care of the water coming down from the upper properties. Motion: Chris S., Second: Mike L. To continue 255 Sunny Hill Road hearing to 4/17/24. Roll Call Vote: Bob P.-aye, Rich B.-aye, Mike L.-aye, Chris S.-aye, and Mary W.-aye (Jenny P. not eligible to vote). 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 MaryLyn Yonika for removal of trees at 34 Hemlock Terrace. (Continued from 3/6/24 to 4/3/24) Sophie reported that she did a site visit and noted 7 trees in the 30’, 1 tree in the 50’ plus a red oak. She screen-shared a list of tree species and their distance from the water. Several trees are close to the house and porch. MaryLyn stated that her ===PAGE 5=== current insurance company requested that no trees hang over the house and noted that she may need to only trim branches on the red oak. Bob noted that the lot is heavily treed and replication would not be required. Rich B. asked MaryLyn to leave the stumps on trees within 6’-8’ of the house and they will check after the removal to see if others were damaged. Motion: Chris S., Second: Mike L. To allow removal of 8 trees at her discretion, leaving the stumps in place. When trees are removed, MaryLyn will contact the office to let the Commission look to see if the canopy is intact, to ensure no trees needed to be added in place. Roll Call Vote: Chris S.-aye, Mike L.-aye, Rich B.-aye, Jenny P.-aye, Bob P.-aye, and Mary W-aye. Sophie clarified that it is a negative determination. NEW BUSINESS: Topics unknown 48 hours in advance of meeting none OLD BUSINESS: Update on Title Searches – Bob noted he forwarded an update from Adam Costa on the title searches, in an email to Heather. There are 2 properties by Flat Hill Rd, but the Select Board wants to build a detention pond and he would like some clarity before the Commission invests any money. The Town Manager has not responded yet. The property in the middle of Cowdrey is actually 2 properties- 1 of which the town already owns and the other needs more probate work. Bob asked for a motion to do the probate work but Mary asked to table this until they know how much it will cost. Office Operations – Mary discussed staffing solutions with the Select Board. Sophie suggested using Sharepoint instead of Google Drive and no one objected. She still needs to use Google for photos and Jenny said she can work with Sophie on that issue. (Chris left the meeting) Sophie has been working on migrating forms and workflows to open.gov so applications can be done online. The RDA application should be live in a few days and the NOI will take 4 weeks to be available. Mary stated they can streamline operations with open.gov and increase resource bandwidth on clerical tasks. They will continue to have Jane do the minutes and a new assistant has been confirmed for 10 hours/week. She asked Heather about increasing the assistant’s hours at first to help catch up. To give Sophie extra technical support, they can start using consultants. Heather has added a warrant to the Town Meeting to set up a revolving fund for that. Mary suggested looking at increasing fees and they will need to hold 2 advertised hearings in order to change them. Town Website Changes – Bob will meet with Kara. April Earth Day Events – Mary noted they are working with the Parks Department and will split the $85 ad fee for the Ledger. Motion: Bob P., Second: Mike L. To give budget support up to $85 from the Timber Right Fund if Parks cannot pay. Roll Call Vote: Jenny P.-aye, Mike L.-aye, Rich B.-aye, Bob P.-aye, and Mary W.-aye. Wetlands Brochure in Tax Mailing – will discuss at next meeting. Mary questioned placement for QR code link to the regulatory page and will discuss with Kara. ENFORCEMENT: Violations (Enforcement Actions and Hearings) 10 Mass Ave - Smit Patel -Sophie did a site visit and noted more work done: excavation, replacement of a town pipe, removal of soil and pavement. There was water leaking from a pipe which contributed to sediment erosion down slope into a bordering land subject to flooding. She noted that Leah had sent a letter addressing the wetland area. Sediment was bypassing the erosion controls into a pipe outlet, to a naturalized stream and into a brook. It is just outside the 200’ riverfront with connecting wetlands. Smit Patel stated that he saw Leah in September 2023 and filed an e-DEP WPA form 1on 9/26/23. He added that Leah stopped responding later and he was out for 6 months due to an injury, so he was not ===PAGE 6=== working there. He talked to Mary and Sophie at a site visit and called a contractor to put up silt fencing but no one came. Smit fixed the fencing but on the same day, Lunenburg PD served him to stop work. He said he did not encroach on wetlands and Leah told him he could work 50’ from the wetland. He had a contractor fix the broken pipe in the parking lot and screen-shared a photo of the silt fence. Sophie could not find a submission to the Commission and Mary told him to file with the town within 30 days. He can work with Sophie to get a proper site plan from an engineer. He understands that he cannot work until the paperwork is filed and he is responsible for maintaining the silt fence. Certificates of Compliance: 305 Arbor Street – DEP # 208-387 and # 208-472 – Special conditions of no work past erosion control or within 30’. Regarding #208-387, Sophie did a site visit but there was still a lot of snow on the ground. It was difficult to see the wetland replication and she was not comfortable in saying it was in compliance. Brian Marchetti (McCarty Engineering) stated this work was done 20 years ago and the owner wishes to transfer the property to his daughter. The Title company found 2 open orders for the septic and wetland crossing. He noted that Sophie did a site visit with John Plithka, from his office, and there was no evidence of erosion. Brian could only get the 1998 septic plan from Whitman and Bingham, which he screen-shared. The overfill of septic was in the buffer zone. Sophie screen-shared her site pictures with the snow and said she will do another visit. Brian was unable to obtain documentation for #208-472 and Rich B. replied he would be okay if they had a rough description and no erosion was evident. Sophie stated she was ok with approving the certificate. Motion: Bob P., Second: Mike L. To approve the Certificate of Compliance for DEP # 208-472. Roll Call Vote: Bob P.-aye, Jenny P.-aye, Mike L.-aye, Rich B.-aye, and Mary W.-aye. Motion: Mike L., Second: Bob P. To continue DEP # 208-387. Roll Call Vote: Rich B.-aye, Mike L.-aye, Jenny P.-aye, Bob P.-aye, and Mary W.-aye. Bob asked to make a motion: Motion: Bob P., Second: Rich B. To authorize the expenditure of $1,070 from the Timber Rights Fund to purchase additional trail markers. Roll Call Vote: Jenny P.-aye, Mike L.-aye, Rich B.-aye, Bob P.-aye, and Mary W.-aye. Certificate of Compliance: 41 Country Road- Scott Buonopane – Sophie did a site visit and had some concerns about areas on the side of the road that were not vegetated. The buffer area boundary signs were more than 20’ apart and were from the town of Billerica, with the town whited out. There were areas with bare soil but no erosion issues. On the left hand side of the road, the erosion control was buried. The area appeared to be pushed by equipment and she noted rusted car parts, tractors and washing machine partially buried within the buffer zone of the brook that runs near the property -well within the 200’ zone. Scott replied that the junk was not buried on his property, but he will take care of the boundary signs. He noted that the lawn was hydroseeded but did not take. He is having it hydroseeded again. Sophie will do another site visit too. Scott said he is having a closing on 4/15 and asked if it can be done before that. Bob and Rich replied no. Rich added that they will need to see it revegetated since it is in the Riparian zone. Scott will be in contact with Sophie for a site walk. Northfield Rd Lot A – Brian Marchetti (McCarty Engineering) stated they finished the work and filed for a Certificate of Compliance in August 2023. Brian shared a photo of the boulders that were placed on the west side of the house along the drainage ditch. Sophie did a site visit and had no concerns. Motion: Bob P., Second: Mike L. To approve the Certificate of Compliance for Northfield Rd, Lot A. ===PAGE 7=== Roll Call Vote: Jenny P.-aye, Mike L.-aye, Rich B.-aye, Bob P.-aye, and Mary W.-aye. Motion: Bob P., Second: Mike L. To Adjourn at 12:17am. Roll Call Vote: Rich B.-aye, Bob P.-aye, Jenny P.-aye, Mike L.-aye, and Mary W.-aye. Respectfully submitted, Jane L. Ranley Minutes Clerk ======================================================================================== DOCUMENT : 2024-04-17-agenda-6527.txt BOARD : conservation-commission DATE : 2024-04-17 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2024-04-17-agenda-6527.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_04172024-6527 ======================================================================================== ===PAGE 1=== Mary Wilson, Chair Bob Pease, Vice Chair Jennifer Pewtherer Richard Bursch Jeffrey Viviano Michael Larouche Chris St. Germain Lunenburg Conservation Commission April 17th, 2024 Public Meeting Begins at 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 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-August 2, 2023-April 3 2024 ( Amended ) Appointments/Hearings – Begin at 7:00pm APPOINTMENT 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 for a Notice of Intent by Rene Rainville for the proposal of an addition and renovations to an existing single family home and addition of impervious driveway within the Bufferzone of a bordering vegetated wetland on Lake Shirley at 57 Round Rd Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing for a Request for a Determination of Applicability by Todd Cole & Ashley Brawn for a proposed removable dock within the Bufferzone of a resource area on Lake Shirley Reservoir at 607 Reservoir Rd. CONTINUED PUBLIC HEARINGS Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Request for Determination of Applicability by Dave Katralis for the removal of dead trees and addition of an open deck within the Buffer zone of a wetland at 189 Hemlock Drive. (Continued from April 3rd to May 1st) Tel: (978) 582-4146 960 Massachusetts Ave Lunenburg, MA 01462 Sophia Dorow Conservation Administrator Stephanie Dondero 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 an Abbreviated Notice of Resource Area Delineation by Kevin O’Brien at 390 Howard Street (DEP 208-1304) (Continue to April 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 208-1320). (Continued from February 21st to April 17th). Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing for a Request for an Amendment to the Order of Conditions DEP# 208-1310 by Matt Mitrano for new site improvements of a staircase, reconstructed porch with expanded footprint, reconstructed concrete walkway & masonry walkway within the buffer zone of a wetland on Lake Shirley at 386 Sunset Lane. (Continued from April 3rd to April 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 February 7th to April 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 of Applicability by Jan Willem for laying of a naturalized stone steps and crushed stone path within the Buffer zone of a wetland at 141 Hemlock Drive. (Continued from April 3rd to May 15th) Administrative Determinations: Extension Request Permits: Orders of conditions extension request-208-1174 Reservoir rd Certificates of Compliance: 305 Arbor st-DEP#208-387 41 Country Rd 39 Island Rd 200 Burrage st Notice of Project Change: ENFORCEMENT: Violations, Enforcement Actions, and Hearings: 141 Hemlock 10 Mass Ave 205 Sunset (Beers lot) 1168 Mass Ave Rear 12 Fire rd-Hearing 950 Chase rd Emergency Certifications: NEW BUSINESS: Topics Unknown - 48 Hrs Advance of Meeting OLD BUSINESS: Update on Title Searches Encroachment Issues: 950 Chase Rd - Shed Removal 315 Lancaster Ave 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 May 1st, 2024 at 7:00 PM by Zoom platform ======================================================================================== DOCUMENT : 2024-04-17-minutes-6527.txt BOARD : conservation-commission DATE : 2024-04-17 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2024-04-17-minutes-6527.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_04172024-6527 ======================================================================================== ===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 Richard Bursch Sophia Dorow Jeffrey Viviano Conservation Administration Michael Larouche Stephanie Dondero Chris St. Germain Conservation Assistant April 17, 2024, 7:00PM, ZOOM REMOTE Minutes Roll Call: Jenny P., Rich B., Jeff V ., Mike L., Bob P. and Sophie Dorow (Admin.) Absent: Mary W. and Chris S. Call to Order at 7pm by Bob P. Announcements- none Public Comment- --Stefan McSweeney - re. 255 Sunny Hill Road – stated that no progress has been made. Brian Marchetti added that the Commission requested a 3rd party review and pleaded to have the requests go out to the consultants. Sophie noted that she received the 3 suggested names but she has not sent them out yet. Bob offered to assist Sophie by contacting them and Stefan will email the information to Bob. Stefan agreed to continue the hearing. --Nick Eaton – 441 Townsend Harbor Road- stated he emailed the Commission and is trying to close up the Order of Conditions. He noted that on the original OOC that Jack did, he was going to take 6 trees down near the lake and plant 2 new maples but he did not remove the 6 trees. Bob suggested Nick look at what is listed on his OOC and meet with Sophie to figure out what needs to be done to close it . Nick asked if he still needed to plant the 2 trees and bushes since he did not take the 6 trees down. Bob replied he does not but he needs to reach out to Sophie before things can move forward. --Michael Richards – 200 Burrage St—asked if his Certificate of Compliance will be discussed later in the meeting and Sophie replied yes because she did the site visit. Minutes of previous meetings – 4/3/24 Motion: Rich B., Second: Mike L.N To approve the minutes for 4/3/24. Roll Call Vote- Jenny-aye, Rich-aye, Jeff-aye, Mike-aye, and Bob-aye. 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 for a Notice of Intent by Rene Rainville for the proposal of an addition and renovations to an existing single family home and addition of impervious driveway within the Buffer Zone of a bordering vegetated wetland on Lake Shirley at 57 Round Rd. - Dan Wolfe (David Ross Assoc.), representing Rene Rainville, stated they are making a number of interior renovations and adding a garage. Sophie screen-shared the site plan and Dan noted the new garage is completely outside of the buffer zone. There will be a connection from the new garage to the house also. A new paved driveway will be installed to the new garage but they will be removing the large old driveway on the left and restoring that area to lawn. The impervious area for the new driveway will be 1,313 sq ft but will be restoring 1,719 sq ft to lawn where the old driveway was located. A new entry with steps will replace the ===PAGE 2=== footprint of the old entry and that is the extent of work in the buffer. Erosion Control will surround the work area as well as at the back of the house where construction is coming close to the 100’. Dan noted that the wetland is across Round Road and Bob clarified it is not the Lake Shirley buffer zones. Bob asked Dan to add 30’ and 50’ buffer lines to the plan. Dan noted that part of the old driveway being removed would be in the 30’ but it will be restored to lawn. Jenny screen-shared photos of the property, indicating the location of the new garage and the old driveway. Rich asked Dan to add the figures for impervious and pervious area to the plan. Dan noted that they will be removing an enclosure on the back of the house to expose the existing concrete slab, which will not involve any digging. Motion: Rich B., Second: Mike L. To approve the NOI with the condition the calculations for impervious and pervious areas be added to the plan before the Commissioners sign it. Roll Call Vote- Jenny-aye, Rich-aye, Jeff-aye, Mike-aye, and Bob-aye. Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing for a Request for a Determination of Applicability by Todd Cole and Ashley Brawn for a proposed removable dock within the Buffer Zone of a resource area on Lake Shirley Reservoir at 607 Reservoir Road- Todd Cole and Ashley Brawn screen-shared pictures of the Floe Roll-in removeable dock and are requesting permission to place it into Lake Shirley. The dock is in 4 sections and will be 52’ long x 4’ wide. Todd noted they have 26’ of beach and have had a removeable dock for 4 years. He also shared a photo of his neighbors new dock which is positioned so that they have no access to place their dock in the water. Sophie noted that she did a site visit. Ashey clarified that when they took their dock out, the neighbor put his new dock in their right-a-way. Todd added that the neighbor did not have a dock prior to placing the new one this spring. Bob noted that he did not recall an RDA for that property. Mike L. asked if there are minimum requirements for placement of docks and Bob replied that Sophie checked with the DEP. The Commission regulates were it touches the land but not where it goes into the water. He stated that this has the makings of a civil dispute between neighbors. Todd and Ashley are requesting to place their dock but the neighbor did not seek permission, so he will need to take his out. Mike asked if the neighbor would be amenable to moving his dock and Bob replied their role is to approve or disapprove but not to mediate. They may need to talk to the neighbor and do an Enforcement if he did not get permission for his dock. Ashley pointed out the neighbor’s dock on an aerial photo and said the new dock is a second dock. Mike Gormley – 609 & 611 Reservoir Rd. – said he read the proposal which did not have dimensions. He stated that the dock at 607 Reservoir Rd. was 20’ wide with a jet ski drive on dock. Their dock used to be on the north side, with their boat in front of their property. Since he completed his permitted retaining wall, Todd and Ashley have located their dock on the other side, adjacent to his property at #609, angling it so it blocks his view plus access to the lake. Mike G. screen-shared site photos and Bob asked him if he got a permit for the new dock. Mike G. replied he always had a dock and never knew of anyone on Lake Shirley having to get a dock permit. Bob replied that they issue permits every year for Lake Shirley. Mike G. said he would get a permit if required and he shared more pictures of the neighbors’ dock. Rich noted that the town of Lunenburg owns the lake and that the neighbors need to work together to place their docks perpendicular to the water’s edge so they can all use them. He added that they can come back to the Commission or take their dispute to the Select Board. Motion: Jeff V ., Second: Mike L. For a negative determination on the RDA with the condition that the dock is perpendicular to the shoreline. Roll Call Vote- Jenny-aye, Rich-aye, Jeff-aye, Mike-aye, and Bob-aye. CONTINUED PUBLIC HEARINGS Note: 189 Hemlock Drive was already continued to 5/1/24. ===PAGE 3=== Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on an Abbreviated Notice of Resource Area Delineation by Kevin O’Brien at 390 Howard Street (DEP # 208-1304) (Continued to 4/17)- none present. Motion: Rich B., Second: Mike L. To continue 390 Howard Street to 5/1/24. Roll Call Vote- Rich-aye, Jeff-aye, Mike-aye, and Bob-aye. (Jenny not able to vote.) 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 2/21 to 4/17) Motion: Rich B., Second: Jeff V. To continue 255 Sunny Hill Road to 5/1/24. Roll Call Vote- Jenny-aye, Rich-aye, Jeff-aye, Mike-aye, and Bob-aye. Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearin g for a Request for an Amendment to the Order of Conditions DEP#208 -1310 by Matt Mitrano for new site improvements of a staircase, reconstructed porch with expanded footprint, reconstructed concrete walkway & masonry walkway within the buffer zone of a wet land on Lake Shirley at 386 Sunset Lane- (Continued from 4/3 to 4/17) Ryan Proctor (Dillis & Roy) – representing the owner, screen-shared the revised site plan, noting the existing walkway is about 210 sq ft and they are proposing to replace it with pervious pavers, not to exceed 250 sq ft. They will use Techno block pavers, filled with pea stone, and placed on a bed of stone. They have requested removal of a 12” maple within the 30’ and a 24’ oak outside of the 30’, replacing the maple with 2 red maples. The spiral staircase will be installed on the south side, further from Lake Shirley. In addition, they want to replace the concrete pad under the deck with pervious pavers. Rich asked if Ryan had schematics for the Techno Blocs, which Ryan shared. Rich stated he would not be in favor of adding impervious area in the 30’ buffer. He asked Ryan to supply hard copies of the block specs and update the plan showing the removal of the impervious area under the deck as well as placement of the spiral staircase. The Commission agreed to continue. Motion: Rich B., Second: Jeff V. To continue 386 Sunset Lane to 5/1/24. Roll Call Vote- Jenny-aye, Rich-aye, Jeff-aye, Mike-aye, and Bob-aye. 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 Steven Powell for the construction of a single family and associated site work at 171 Arbor Street. (Continued from 2/7 to 4/17)– Brian Marchetti requested to continue to 5/15/24. They are still working with the neighbors and are in the process of filing with the ZBA. Motion: Jeff V., Second: Mike L. To continue 171 Arbor Street to 5/15/24. Roll Call Vote- Rich-aye, Jeff-aye, Mike-aye, and Bob-aye. (Jenny not able to vote.) Note: 141 Hemlock Drive already continued to 5/15/24. ---------------- Extension Request Permits: ---Order of Conditions extension for #208-1174 Reservoir Rd. – Sophie noted this property has a long shared driveway with a proposed bridge and a wetland replication area. Most of the work appears to be done but the wetland replication area is incomplete. Another condition is for crushed stone per the plan. The owners confirmed that the silt fencing and wattles are installed now, which was not the case at her first site visit. They are asking to extend the Order of Conditions for 1 year. Motion: Rich B., Second: Mike L. ===PAGE 4=== To extend the Order of Conditions for 1 year. Roll Call Vote- Jenny-aye, Rich-aye, Jeff-aye, Mike-aye, and Bob-aye. Certificates of Compliance: ---305 Arbor St.- DEP #280-387 – Sophie reported that she did some going back and forth to find plans but did a 2nd site visit. There was no erosion in the wetland and no wetland replication but she had no concerns. She said she would recommend going forward. Motion: Rich B., Second: Jeff V. To issue a Certificate of Compliance for 305 Arbor St. Roll Call Vote- Jenny-aye, Rich-aye, Jeff-aye, Mike-aye, and Bob-aye. ---41 Country Way – Sophie stated she is waiting for the applicant to res eed. They have removed all the debris on their property and the neighbor’s property. She will visit again after they hydroseed. ---39 Island Road – Sophie reported that the erosion controls were removed pre -maturely, allowing sediment to go into the buffer zone of the resource area. There has been no seeding or grass growing so she would not recommend issuing the COC. ---200 Burrage St.- Sophie stated the property is in total compliance without any issues. Motion: Rich B., Second: Mike L. To issue a Certificate of Compliance for 200 Burrage St. Roll Call Vote- Jenny-aye, Rich-aye, Jeff-aye, Mike-aye, and Bob-aye. ENFORCEMENT: Violations (Enforcement Actions and Hearings) ---141 Hemlock – Sophie stated she is still going back and forth about scheduling a site walk. ---10 Mass Ave- Sophie reported she has not heard anything and confirmed it is still under a work stoppage. ---205 Sunset (Beers lot)- Sophie stated she had trouble finding the location. Bob noted they are watching this property because they questioned the Commission’s authority to give a deadline for the removal of a deck, which Jeff confirmed as 3/15. Bob gave a history of the issue and noted that if the deck is not out, they will issue fines at the next meeting. ---1168 Mass Ave Rear – no update ---12 Fire Road-hearing – no update. Bob stated they issued an order to remove pavement which they did not do. Town Counsel is aware of the issue and Sophie said she visited the site with Mary. Bob added that they issued an Enforcement and they have an OOC but they are not complying. Bob suggested having Sophie send a letter to have them appear at the 5/1/24 meeting and they may start issuing daily fines. Motion: Rich B., Second: Jenny P. To direct the Conservation Administrator to issue 12 Fire Rd . a notice that they are in violation of their Order of Conditions, they are to appear at the 5/1/24 meeting and they may be subject to daily fines. Roll Call Vote- Jenny-aye, Rich-aye, Jeff-aye, Mike-aye, and Bob-aye. ---950 Chase Road- Bob noted this is a barn on the property line. It is an encroachment and enforcement issue. Jeff said he has a drone that could be used to look at the property. NEW BUSINESS: Topics unknown 48 hours in advance of meeting- none OLD BUSINESS: Update on Title Searches – Bob reported he will be meeting with Town Counsel later this month. He screen-shared the GIS map for the Fairbanks Gift Land and conservation land nearby. He asked the Commission for permission to have Town Counsel find out if the land comes with any access rights. Motion: Rich B., Second: Mike L. ===PAGE 5=== To give Bob permission to ask Town Counsel to find out if the Fairbanks Gift Land comes with any access rights as a rear property. Roll Call Vote- Jenny-aye, Rich-aye, Jeff-aye, Mike-aye, and Bob-aye. Update if any on encroachment issues at: 315 Lancaster Ave.- Bob noted Town Counsel re-sent the Encroachment letter but there is no update. 950 Chase Road – Regarding removal of the shed, Bob suggested they consider paying to have the shed removed since the courts were reluctant to make the people remove it. He would want to wait until they receive money from the Raino property. Mike suggested asking the Fire Department if they could burn it as an exercise and Bob said that was a good suggestion. Open Space and Land Use: Grants and Conservation Improvement Updates – none Hollis Road Residence: Update – Mike reported that the sign at the Community Pollinator Habitat had fallen down due to the posts rotting at ground level. He is checking with a volunteer who may be able to help with fixing it. Bob also suggested talking to Chris Ruth (Facilities). Committee Reports – Stormwater – Jenny noted that they are meeting on 4/18. Public Comment: Rich B. stated that they need to make sure that what an applicant shares is actually part of their application. Bob asked Sophie to ask 607 Reservoir Rd. to send a copy of their PowerPoint for the records. ---Bob asked for a motion for an Enforcement Order for 609 Reservoir Rd. Motion: Rich B., Second: Jenny P To have the Administrator do an Enforcement for Mr. Gormley’s dock at 609 Reservoir Road. Roll Call Vote- Jenny-aye, Rich-aye, Jeff-no, Mike-aye, and Bob-aye. Motion: Rich B., Second: Jeff V . To adjourn at 8:40pm. Roll Call Vote- Jenny-aye, Rich-aye, Jeff-aye, Mike-aye, and Bob-aye. Respectfully submitted, Jane Ranley Minutes Clerk ======================================================================================== DOCUMENT : 2024-05-01-agenda-6553.txt BOARD : conservation-commission DATE : 2024-05-01 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2024-05-01-agenda-6553.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_05012024-6553 ======================================================================================== ===PAGE 1=== Mary Wilson, Chair Bob Pease, Vice Chair Jennifer Pewtherer Richard Bursch Jeffrey Viviano Michael Larouche Chris St. Germain Lunenburg Conservation Commission May 1st, 2024 Public Meeting Begins at 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 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-August 2, 2023-April 17th,2024 Appointments/Hearings – Begin at 7:00pm APPOINTMENT 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 for a Request for Determination of Applicability for the proposal of adding sand to the beach area and to replenish stones along the shore on Lake Shirley at 19 Island rd CONTINUED PUBLIC HEARINGS Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Request for Determination of Applicability by Dave Katralis for the removal of dead trees and addition of an open deck within the Buffer zone of a wetland at 189 Hemlock Drive. (Continued from April 3rd to May 1st) 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) (Continue to May 1st) 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 February 21st to May 1st). Tel: (978) 582-4146 960 Massachusetts Ave Lunenburg, MA 01462 Sophia Dorow Conservation Administrator Stephanie Dondero 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 for a Request for an Amendment to the Order of Conditions DEP# 208-1310 by Matt Mitrano for new site improvements of a staircase, reconstructed porch with expanded footprint, reconstructed concrete walkway & masonry walkway within the buffer zone of a wetland on Lake Shirley at 386 Sunset Lane. (Continued from April 3rd to May 1st) 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 May 15th). Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Request for Determination of Applicability by Jan Willem for laying of a naturalized stone steps and crushed stone path within the Buffer zone of a wetland at 141 Hemlock Drive. (Continued from April 3rd to May 15th) Administrative Determinations: Extension Request Permits: Certificates of Compliance: 701r Reservoir rd 33 Johnson st 255 Prospect st 81 maple parkway 97 Cross st 208-1195 Notice of Project Change: 441 Townsend harbor rd ENFORCEMENT: Discussion on Fines process Violations, Enforcement Actions, and Hearings: 141 Hemlock 10 Mass Ave 205 Sunset lane (Beers lot) 1168 Mass Ave Rear 40 Fire rd 12 950 Chase rd 607 reservoir rd Emergency Certifications: NEW BUSINESS: Topics Unknown - 48 Hrs Advance of Meeting Beaver Deceiver at Cowdrey OLD BUSINESS: Update on Title Searches Encroachment Issues: 950 Chase Rd - Shed Removal 315 Lancaster Ave 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 May 15th, 2024 at 7:00 PM by Zoom platform ======================================================================================== DOCUMENT : 2024-05-01-minutes-6553.txt BOARD : conservation-commission DATE : 2024-05-01 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2024-05-01-minutes-6553.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_05012024-6553 ======================================================================================== ===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 Richard Bursch Sophia Dorow Jeffrey Viviano Conservation Administration Michael Larouche Stephanie Dondero Chris St. Germain Conservation Assistant May 1, 2024, 7:00PM, ZOOM REMOTE Minutes Roll Call: Jenny P., Rich B., Jeff V ., Mike L., Bob P., Chris S., Mary W. and Sophie Dorow (Admin.) Call to Order at 7pm by Mary W. Announcements and Public Comment-none Minutes of previous meetings – 4/17/24 Motion: Chris S., Second: Jeff V . To approve the minutes for 4/17/24. Roll Call Vote- Chris-aye, Mike-aye, Jeff-aye, Jenny-aye, and Mary-aye. Requests for Continuance- 390 Howard St., 171 Arbor St. and 141 Hemlock Dr. 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 to 5/1)- none present. Motion: Rich B., Second: Mike L. To continue 390 Howard Street to 5/15/24. Roll Call Vote- Jenny-aye, Rich B-aye, Jeff-aye, Mike-aye, Chris-aye, and Mary-aye. 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 Steven Powell for the construction of a single family and associated site work at 171 Arbor Street. (Continued to 5/15)–Request to continue to 5/15. Motion: Rich B., Second: Mike L. To continue 171 Arbor Street to 5/15/24. Roll Call Vote- Jeff-aye, Mike-aye, Jenny-aye, Chris-aye, Rich-aye, and Mary-aye. Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearin g on a Request for Determination of Applicability by Jan Willem for laying of a naturalized stone steps and crushed stone path within the Buffer zone of a wetland at 141 Hemlock Drive -request to continue to 5/15.- Motion: Chris S., Second: Jenny P. To continue 141 Hemlock Dr. to 5/15/24. Roll Call Vote- Jeff-aye, Mike-aye, Jenny-aye, Chris-aye, Rich-aye, and Mary-aye. NEW PUBLIC HEARINGS Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Request for Determination of Applicability for the proposal of ===PAGE 2=== adding sand to the beach area and to replenish stones along the shore on Hickory Hills Lake at 19 Island Road – Doug Watters (80 Horizon Island Road)- confirmed that it is for Hickory Hills Lake-not Lake Shirley. He said he is representing Mike C. (Land & Resource Director) and screen-shared a diagram showing the area they want to add 25-30 cu yds of sand to the existing beach. The beach area is 120’ x80’ and they have a lake management plan on file with the Commission for erosion control. There are existing stones and there has been frequent erosion due to the frequent rains. They want to add 1”-2” of sand to the beach area and will keep 10’ from the high water mark. Doug noted that Lakeview comes in every year to rake the beach. Mary and Jenny walked the site and asked if vegetation will be covered. Doug replied they will leave the crabgrass in the unused area. Sophie did a site walk, took pictures, and had no concerns. Doug noted no trees will be removed. Rich B. recused himself from the discussion. Motion: Chris S., Second: Jenny P. To approve the RDA with a finding of negative determination. Roll Call Vote- Chris-aye, Mike-aye, Jeff-aye, Jenny-aye, Mary-aye, and Bob-aye. CONTINUED PUBLIC HEARINGS Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Request for Determination of Applicability by Dave Katralis for the removal of dead trees and addition of an open deck within the Buffer Zone of a wetland at 189 Hemlock Drive. (Continued from 4/3- 5/1) Dave noted that he had a tree guy (Elite Tree) look at the trees and he said they all should come down because they are either dead or dying and posing a hazard to people and the house. He discussed a mitigation plan for replanting trees and shrubs with Lakeview Landscaping. Sophie screen-shared the letter from Elite Tree and the diagram for replanting. It was noted that they cannot get as many trees replanted as required due to the old and new stumps present. New trees would need to be planted a distance from any stump. Replacement shrubs would be blueberry, mountain laurel and winterberry. They will take down 16 in the 30’ and 10 in the 50’ zones. Rich B. recused himself from the discussion. Sophie hesitated on some of the removals but would go with the professional and recommended a Positive Determination. Mary suggested going through the NOI process. Dave noted that Lakeview and Elite Tree agreed on the removal and replanting plan, noting they could plant a couple trees outside of the 30’. Mark Bursch (Lakeview) stated he walked the property, noting a couple trees struck by lightning and that all trees encroach on the house. Mary said she did a site walk with Mike and Jenny, noting there are a lot of crowded trees, with health issues. Sophie screen-shared photos of beaver damage and crowded trees. Cory Katralis noted they had roof damage from the trees. Bob questioned the Positive Determination, which would require a new application and Sophie recommended a Negative Determination, with additional plantings. The Commission discussed the number and variety of replacement trees and not wanting to crowd the trees. Dave said he is open to planting smaller flowering trees. He noted all the stumps will stay and he will look at fitting them near the road. Bob stated that it did not make sense to follow their usual tree replacement due to the crowding. Motion: Bob P., Second: Chris S. To approve with a negative determination with the replacement plan as presented. Roll Call Vote- Chris-aye, Mike-no, Jeff-aye, Jenny-aye, Bob-aye., and Mary-aye. 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 2/21 to 5/1)-John Plifka (McCarty Engineering) stated they are requesting a 3rd party review for the wetland delineation. They received a proposal from Goddard Engineering which included a lot of added scope such as riverfront boundary, wetland impact and replication review. The quote was $8,500 and they are not willing to agree to that scope. Bob reported that he sent quote requests to 3 wetland scientists. One ===PAGE 3=== was too busy and the other 2 provided a full quote list but broke out pricing for just wetland delineation- $2,500 from Goddard Engineering and $1,500 from LEC Environmental. John stated those would be acceptable. Mary said she was concerned about the riverfront delineation since she noted current flowing near the parcel. The Commission discussed the scope and agreed with just having the wetland delineation reviewed. Motion: Chris S., Second: Rich B. To move forward with LEC Environmental for Wetland Delineation only. Roll Call Vote-Jeff-aye, Mike-aye, Chris-aye, Rich-aye, Bob-aye, and Mary-aye. (Jenny unable to vote) Mary asked John to have the applicant send a check for $1,500 to the office and Sophie will hold it until the work is done. John asked to continue the hearing to the next meeting. Motion: Rich B., Second: Jeff V. To continue 255 Sunny Hill Road to 5/15/24. Roll Call Vote- Bob-aye, Rich-aye, Chris-aye, Mike-aye, Jeff-aye, and Mary-aye. (Jenny unable to vote) Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing for a Request for an Amendment to the Order of Conditions DEP#208-1310 by Matt Mitrano for new site improvements of a staircase, reconstructed porch with expanded footprint, reconstructed concrete walkway & masonry walkway within the buffer zone of a wetland on Lake Shirley at 386 Sunset Lane- (Continued from 4/3 to 5/1) Ryan Proctor (Dillis & Roy) – representing the owner Matt Mitrano, screen-shared the revised site plan, noting the spiral staircase has been shifted to the side, the existing concrete pad under the deck to be replaced with pervious pavers, and a reduced footprint for the existing walkway replaced with pervious pavers. Ryan noted he submitted information on the Techno block pavers Motion: Rich B., Second: Jeff V. To approve with a standard Order of Conditions with a plan as presented and recently amended. Roll Call Vote- Bob-aye, Rich-aye, Chris-aye, Jenny-aye, Mike-aye, Jeff-aye and Mary-aye. Administrative Determinations: Certificates of Compliance: ---701r Reservoir Rd. – Sophie reported that she would recommend to approve. The wall is done and will be landscaped. There are no erosion issues. Motion: Chris S., Second: Jeff V. To issue a Certificate of Compliance for 701r Reservoir Rd. Roll Call Vote- Bob-aye, Rich-aye, Chris-aye, Jenny-aye, Mike-aye, Jeff-aye, and Mary-aye. ---33 Johnson St. – Sophie recommended to approve. The house and garage are built to plan. Motion: Chris S., Second: Mike L. To issue a Certificate of Compliance for 33 Johnson St. Roll Call Vote- Bob-aye, Rich-aye, Chris-aye, Jenny-aye, Mike-aye, Jeff-aye, and Mary-aye. ---255 Prospect St. – Sophie stated that everything was done to plan and there were some bare spots but it looked seeded. She would suggest approval unless the Commission wanted to see vegetation. The bare spot appears to have soil that is nutrient lacking with mulch mixed in. The area is closer to the water than the road and there is no evidence of erosion. There is an impervious barrier between the water and the bare spot. Matt Grable (homeowner) stated that he plans on adding more soil to that area and possibly use sod. Sophie screen-shared pictures of the area. Rich suggested holding off until the area is vegetated. The Commission discussed and told Matt to call the office for another site visit. ===PAGE 4=== ---81 Maple Parkway – Sophie stated they have corrected the erosion barrier with a double lining of silt fencing. Vegetation is established and she recommends to approve. Motion: Bob P., Second: Chris S. To approve the Certificate of Compliance for 81 Maple Parkway. Roll Call Vote: Jeff-aye, Mike-aye, Jenny-aye, Chris-aye, Rich-aye, Bob-aye, and Mary-aye. ---97 Cross St. (DEP #208-1195)- Sophie stated she would not approve because they have not done any other work. Some of the straw wattles need to be replaced because they are very old. This needs to be closed and reopened as a NOI. Motion: Rich B., Second: Jeff V. To approve the Certificate of Compliance for 97 Cross St. Roll Call Vote: Bob-aye, Rich-aye, Chris-aye, Jenny-aye, Mike-aye, Jeff-aye, and Mary-aye. Notice of Project Change: 441 Townsend Harbor Rd. – Nick Eaton (homeowner) stated that he was planning on taking 6 or 7 trees down and replanting 2 new maples. However, he has decided to not remove any trees now. He ground the stumps that were on the property when he bought it and that area is now grass. Near the shed he will plant a maple tree and 5 blueberry bushes. Motion: Chris S., Second: Rich B. To approve the change as proposed. Roll Call Vote: Mike-aye, Jeff-aye, Mike-aye, Jenny-aye, Chris-aye, Rich-aye, Bob-aye, and Mary- aye. Rich told Nick he can substitute spice bushes or other colorful blueberry varieties. ENFORCEMENT: Discussion on Fines process – Bob reported that the Town Attorney said they can write out the tickets and either hand deliver or mail them. Violations (Enforcement Actions and Hearings) ---141 Hemlock – Sophie noted to be continued. ---10 Mass Ave- Sophie reported she has had no response and there has been no submission to the Commission yet. Mary noted they will discuss at the next meeting. ---205 Sunset (Beers lot)- Sophie backtracked through the files and communicated with the applicant. They said they submitted an NOI and the Commission approved the Order of Conditions but the OOC has not been done yet. Sophie found a “Negative Determination contingent on not having any permanent structures built”, ie stairs to the lake. Mike noted Dillis & Roy presented a site plan last fall and Chris screen-shared it. Mary stated they had a RDA for the project but it went out of scope. When the Commission discussed the non-compliance issues with them, they submitted an NOI last fall, that the Commission decided on. Jeff noted a neighbor at 205 Sunset (Walton) built a larger deck over the water. They were supposed to reduce the deck during draw-down by 3/15 but it still has not been touched. Mary added that the applicant sent rebuttals to her and the Select Board regarding the Commission’s decision. Bob stated that since it was not done by 3/15, they should issue a notice of non-compliance. Motion: Bob P., Second: Mike L. To issue a notice of non-compliance for 205 Sunset – Walton. Discussion: Sophie noted that she could not find the Order of Conditions and they said they never received it. Bob replied that it could have been a staff issue and they should not issue the notice of non- compliance. They will research and address at the next meeting. ---1168 Mass Ave Rear – no update ---40 Fire Road 12 – Sophie reported that the owners would not attend. The issue is that they paved without permission on town property near Stub Cove on Lake Shirley, near the 30’ buffer. Bob said they also have been dumping and possibly filling within the 30’ of the resource area. They need to find the Order of Conditions and issue an Order of non-compliance, which may end up in litigation. Mary stated ===PAGE 5=== they had filed an NOI to remove the pavement and the OOC was issued. Rich added that if they did not specify a date, they have 3 years for the NOI. ---205 Sunset Lane-update – Sophie noted the OOC was not entered in the DEP data portal. Jeff stated that they originally approved it under an RDA and filed for a NOI. Mary noted they approved the NOI but constrained them to the square footage in the NOI, required seeding in November and that they pull the dock out of the resource area before 4/1. ---Fire Road 12 update- Bob read an 3/7 email to Heather and Mary stating that Scott Benjamin & Thomas Wolfe filed an NOI on 6/8/21 to remove pavement in the buffer zone - DEP # 208-1233. The OOC was issued 7/26/21 and they have plans from Dillis & Roy but no evidence that the OOC was filed with the Registry of Deeds. The OOC would expire July 2024, unless extended due to Covid tolling. The Commission discussed doing more research prior to taking action and will send the applicants a reminder letter from the Town Attorney. Rich noted the NOI was filed in response to a violation and if not taken care of when the OOC expires, fines will accrue. Mary said they are still storing boats, wood, and trash in the area, along with dumping grass cuttings into the resource area. ---950 Chase Road- Bob reported that the Fire Chief was not interested in burning the shed. Jeff will use his drone to take pictures of the area. ---607 Reservoir Rd – Ashley Brawn asked the Commission about the enforcement steps process. Bob replied that the Administrator will send an enforcement letter to have them apply to install their dock. They will need to file an RDA for a removeable dock or a NOI if not removeable. If the owner does not do it, they can issue fines. The public hearing is also advertised in the paper. Ashley asked if they can apply for an RDA or NOI if the dock is in the water and Bob replied that is up to the Commission. Ashley stated that they cannot install their own dock because of where the neighbor’s dock is located. She also informed Sophie that the neighbor installed 2 fences within the 30’ no-touch zone. ---950 Chase Road update – Amanda Boyle noted the Town’s issues on her property existed prior to their purchase of the property. There had been clearing already done on Conservation land and snowmobilers had used it to access trails but they do not allow them to do so now. The vegetation is grown since they bought the property in 2018 and the shed has been there on town property since 2001. Amanda screen shared an aerial view of the property, showing clearing on the Conservation land. They are not clearing or using that land. NEW BUSINESS: Topics unknown 48 hours in advance of meeting- none Beaver Deceiver at Cowdrey – Bob asked to authorize the deceiver installation by Beaver Associates for $3,300, to keep beavers from flooding the access road. This is the first step in allowing access to the Harley Viewing area. Motion: Rich B., Second: Chris S. To hire Beaver Associates to do this work. Roll Call Vote: Jeff-aye, Mike-aye, Jenny-aye, Chris-aye, Rich-aye, Bob-aye, and Mary-aye. Bob clarified that a beaver deceiver is pipe under the water to conduct flow so the beavers do not build a dam. He added that they also need to pay them $175 for a consultation in 2023, which was already authorized. Bob noted that Tom Alianza and Gary Lahti have been doing work at Table Rock for connecting trails. They have been using their own funds to build little footbridges in wet areas. He asked for authorization to purchase materials so they can build something more substantial. Motion: Chris S., Second: Jenny P. To authorize Bob to purchase 4 x 4s, 2 x 6s and deck screws to build a bridge over the stream in the eastern edge of Table Rock. ===PAGE 6=== Roll Call Vote: Jeff-aye, Mike-aye, Jenny-aye, Chris-aye, Rich-aye, Bob-aye, and Mary-aye. Chris and Mary commented on the great new trail at Holman. Update if any on encroachment issues at: 315 Lancaster Ave.- Bob has had no response and has asked the Town Attorney to send a pre-litigation letter. OLD BUSINESS: Update on Title Searches --Bob sent a letter to Heather about the 2 properties off Page Street, regarding possible detention basins by the town, but has had no response. He noted that they should check with Town Counsel about doing so on Conservation land. Also Bob stated that they initially had a purchase order for $1,000 from the Kelley Fund. He suggested having a draft policy for using the Kelley fund and keep it for large purchases. He suggested opening a PO for title searches from the Timber Fund. Motion: Bob P., Second: Rich B. To shift title search expenditures to Timber Rights Fund and open a Purchase Order for $1,000 to Mead, Costa, Talerman for Title Searches and close out purchase order to the Kelley Fund. Roll Call Vote: Jeff-aye, Mike-aye, Jenny-aye, Chris-aye, Rich-aye, Bob-aye, and Mary-aye. (Bob left the meeting.) ---Meetings -Mary stated that she and Bob met with Sophie and Sophie will not be able to attend meetings after 10pm. The Commission will need to decide whether they can continue a meeting past 10pm. Open Space and Land Use: no updates Grants and Conservation Improvement Updates – none Committee Reports – no updates. Hollis Road Residence Updates: Mike reported that the hot water tank installed in January has a lifetime warranty and 6 year warranty on parts, which Chris Ruth has a copy of. He noted it has been a year since the trim work was done and they have a proposal to paint the rest of the building for $6,400, starting 5/15. Motion: Rich B., Second: Chris S. To repaint the remainder of the Hollis Rd. building to include priming, 2 coats and installing any shingles. Roll Call Vote: Jeff-aye, Mike-aye, Jenny-aye, Chris-aye, Rich-aye, and Mary-aye. Mike noted that the Facilities Department will reinstall the sign at the Pollinator Habitat in a few days. He also received a call from Linda Hilson, asking for $80.32 to purchase dry mustard to irradicate jumping worms. Sophie said there is an Amazon Account and Mike said they usually use the Hawes Account. Motion: Mike L., Second: Chris S. To approve $80 for dry mustard to irradicate jumping worms at the Pollinator Habitat. Roll Call Vote: Jeff-aye, Mike-aye, Jenny-aye, Chris-aye, Rich-aye, and Mary-aye. Motion: Rich B., Second: Jeff V . To adjourn at 9:48pm. Roll Call Vote- Jeff-aye, Mike-aye, Jenny-aye, Chris-aye, Rich-aye, and Mary-aye. Respectfully submitted, Jane Ranley Minutes Clerk ===PAGE 7=== ======================================================================================== DOCUMENT : 2024-05-15-agenda-6566.txt BOARD : conservation-commission DATE : 2024-05-15 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2024-05-15-agenda-6566.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_05152024-6566 ======================================================================================== ===PAGE 1=== Mary Wilson, Chair Bob Pease, Vice Chair Jennifer Pewtherer Richard Bursch Jeffrey Viviano Michael Larouche Chris St. Germain Lunenburg Conservation Commission May 15th, 2024 Public Meeting Begins at 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/9091740347?omn=82294880019 Meeting ID: 909 174 0347 One Tap Mobile: +13052241968,,9091740347# US +13092053325,,9091740347# US Phone callers may unmute by pressing *6 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-August 2, 2023-May 1, 2024 Appointments/Hearings – Begin at 7:00pm APPOINTMENT 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 behalf of Colameta Corporation Notice of Intent for the project proposal is for construction of a duplex with appurtenances within the 100-foot buffer zone of a forested wetland bordering on an intermittent stream at 1207 Mass Ave. Pursuant to MGL Ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing for a Notice of Intent for Harbor Classic Homes, LLC. the project proposal is for construction of a single-family home, all work is within the buffer zone and is exclusively related to 97 Cross Street, Lot 5. Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing for a Notice of Intent for the reconstruction of an existing rock revetment and landscape changes on the shore of Hickory Hills Lake at 154 Peninsula Drive. Pursuant to MGL Ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing for a Notice of Intent for Timothy K. Gendron the Revocable Trust, the project proposal is for construction of a residence duplex, associated driveway and Tel: (978) 582-4146 960 Massachusetts Ave Lunenburg, MA 01462 Sophia Dorow Conservation Administrator Stephanie Dondero Conservation Assistant ===PAGE 2=== drainage features. The location is within the edges of Bordering Vegetated Wetland and buffer of intermittent stream at Lot 2 Cross Road Parcel # 99-11 Pursuant to MGL Ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing for a Request for Determination for P.J. Keating Company the project proposal is for replacement and maintenance work connected to the existing pump house. The location is within 100 feet of bordering vegetated wetland and Priority Habitat #1738 related to 495 Leominster-Shirley Road. CONTINUED PUBLIC HEARINGS Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on an Abbreviated Notice of Resource Area Delineation by Kevin O’Brien at 390 Howard Street (DEP 208-1304) (Continue to May 15th) 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 May 1st to May 15th). Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing for a Request for an Amendment to the Order of Conditions DEP# 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 May 1st to May 15th). Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Request for Determination of Applicability by Jan Willem for laying of a naturalized stone steps and crushed stone path within the Buffer zone of a wetland at 141 Hemlock Drive. (Continued from April 3rd to May 15th) Administrative Determinations: 91 Lancaster Ave + 99 Lancaster Ave Tree removal Extension Request Permits: Certificates of Compliance 255 Prospect st 190 Electric Ave Solar Notice of Project Change: ENFORCEMENT: Violations, Enforcement Actions, and Hearings: 141 Hemlock 10 Mass Ave 205 Sunset lane (Beers lot) 1168 Mass Ave Rear 40 Fire rd 12 950 Chase rd 361 mass ave rear Lane Property Bike trails Emergency Certifications: NEW BUSINESS: Topics Unknown - 48 Hrs Advance of Meeting Beaver Deceiver at Cowdrey OLD BUSINESS: Update on Title Searches Encroachment Issues: 950 Chase Rd - Shed Removal 315 Lancaster Ave 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 June 5, 2024 at 7:00 PM by Zoom platform ======================================================================================== DOCUMENT : 2024-05-15-minutes-6566.txt BOARD : conservation-commission DATE : 2024-05-15 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2024-05-15-minutes-6566.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_05152024-6566 ======================================================================================== ===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 Richard Bursch Sophia Dorow Jeffrey Viviano Conservation Administration Michael Larouche Stephanie Dondero Chris St. Germain Conservation Assistant May 15, 2024, 7:00PM, ZOOM REMOTE Minutes Roll Call: Jenny P., Rich B., Jeff V ., Chris S., Mary W. and Sophie Dorow (Admin.) Absent: Mike L. and Bob P. Call to Order at 7pm by Mary W. Announcements- Mary asked to limit public comment to 3 minutes and meeting limit will be 10 pm. Public Comment- Doug Watters (80 Horizon Island Rd) – brought up a concern about bike trails added to the Lane Property. He talked to the trail creator that indicated they wished to add trails in the Little Town Forest and Cowdrey. Doug also pointed out that in the Hickory Woods, there is a trail for bikes, etc. and a trail just for walkers. Mary noted that trail work has to be done with permission from Conservation. Minutes of previous meetings – 5/1/24 Motion: Chris S., Second: Jenny P. To approve the minutes for 5/1/24. Roll Call Vote- Jeff-aye, Jenny-aye, Rich-aye, Chris-aye and Mary-aye. Requests for Continuance- 171 Arbor St.- John Plifka (McCarty Engineering) asked to continue 171 Arbor St. to 6/19/24. Motion: Rich B., Second: Chris S. To continue 171 Arbor Street to 6/19/24. Roll Call Vote- Jeff-aye, Jenny-aye, Rich B-aye, Chris-aye, and Mary-aye. 390 Howard Street- Matt Marro asked to continue 390 Howard St. to 6/19/24. Motion: Rich B., Second: Chris S. To continue 390 Howard Street to 6/19/24. Roll Call Vote- Jeff-aye, Jenny-aye, Rich B-aye, Chris-aye, and Mary-aye. 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 behalf of Colameta Corporation Notice of Intent for the project proposal of construction of a duplex with appurtenances within the 100-foot buffer zone of a forested wetland bordering on a intermittent stream at 1207 Mass Ave. Matt Marro noted the project is a duplex with no work in the 50’ buffer. There are 2 old compromised white oaks that will be removed and a few other trees outside of the 50’ buffer. They will be putting a row of arborvitae shrubs along the left property line. The DEP file is # 208-1235 and the only comment was an extra $50 for filing fee. Sophie asked to have the removed trees and plantings added to the plan. Also extend erosion protection where planting. Motion: Rich B., Second: Jeff V . To approve this project with a Standard Order of Conditions and make sure they receive a plan annotating that the limit of work is at the erosion protection, the erosion protection is survey ===PAGE 2=== located in place prior to treeing, the 2 white oaks are marked on the plan and the hedge going in within the 100’ is marked on the plan as well. Roll Call Vote- Chris-aye, Rich-aye, Jenny-aye, Jeff-aye and Mary-aye. 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 for Harbor Classic Homes, LLC. The project proposal is for construction of a single-family home, all work is within the buffer zone and is exclusively related to 97 Cross Street, Lot 5. John Plifka (McCarty Engineering) screen-shared the site plan and noted the project was issued an OOC in 2020 but had expired. At last meeting, a COC was issued to close it out. The only work in the buffer will be the driveway and the rain garden will be in the 30’. Sophie did a site visit but did not see any flagging. John noted that the erosion protection is old and will need to be fixed in places. Sophie asked for a detail for the seasonal highwater and John replied they will do that prior to construction. They will use NRCS soil survey data and dig test pits. He added that the NHESP was put on file with no further action required. The DEP file # 208-1195 was issued 10/17/20. Rich stated that the wetland delineation would not have changed. Motion: Jeff V ., Second: Chris S. To have a Standard Order of Conditions with the limit of work to be the erosion control, with NOI issued when the office receives correspondence from NHESP. Roll Call Vote- Jenny-aye, Rich B-aye, Jeff-aye, Chris-aye, and Mary-aye. 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 for the reconstruction of an existing rock revetment and landscape changes on the shore of Hickory Hills Lake at 154 Peninsula Drive. Ryan Proctor (Dillis & Roy) noted that most of the property is within the 50’ buffer. The project is to replace brick walkways with pavers or fieldstones, remove a brick walkway and re-landscape with native plants, and reconstruct an existing deck with composite decking with spacing. They will also reconstruct an existing revetment along 125’ of shoreline and create a dry stack vertical retaining wall, with erosion protection on top of the wall and poly barrier in the water. Ryan read a summary of the Wildlife Habitat Evaluation done by Dan Wells (LEC Environmental). They have also submitted to Hickory Hills Lake Association, which had 3 conditions: they receive a copy of the OOC from Conservation, they do not move the property line and work is done during the drawdown. The DEP file # 208-1323 and DEP also requested work during the drawdown. There will be 2 12” maples removed from the deck and 4 new trees planted, with location to be determined by landscaper. Rich asked to be recused. Jeff suggested putting restrictions on lake levels during the project, with the contractor reporting weekly. Motion: Chris S., Second: Jenny P. To approve the NOI, with conditions the plantings are done with natives, the planting plan is submitted prior to work and to make sure work is not done while lake levels have bounced up. Roll Call Vote: Chris-aye, Jeff-aye, Jenny-aye and Mary-aye. (Rich recused) Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Notice of Intent for Timothy K. Gendron the Revocable Trust, the project proposal is for construction of a residence duplex, associated driveway and drainage features. The location is within the edges of Bordering Vegetated Wetland and buffer of intermittent stream at Lot 2 Cross Road Parcel #99-11. Chris Anderson (Hannigan Engineering) screen-shared the site plan for a duplex structure with shared driveway, bordering vegetated wetland. The project is within the 100’ buffer but outside of the 50’. The limit of work will be up to the 30’ no-touch zone, with silt fencing and straw wattle erosion protection. They will connect to Town Sewer and have private wells. Chris stated they do not have a DEP file number yet and the DEP had questions about Stormwater, as well as flood plain. He noted that Lake Whalom has a berm to prevent flood water from the lake. He added that the applicant will ===PAGE 3=== be submitting for another single family house near there and in the future, a duplex on Pine Grove. Chris confirmed that all trees will be cut within the limit of work. Sophie asked if the foundation drains could be moved closer to the 50’ but Chris replied they are perforated pipes that will be buried. She also was concerned about clearing on the right of property that was not deemed necessary and water being discharged so close to the 30’ no-touch zone. The Commission discussed the delineation flagging on the property and that the parcel appears very wet. Chris will contact Chuck Caron (Caron Environmental) who did the flagging in February for a walk-through with Sophie and Commissioners. Motion: Rich B., Second: Chris S. To continue Lot 2 Cross Road to 6/5/24. Roll Call Vote- Jenny-aye, Jeff-aye, Rich B-aye, Chris-aye, and Mary-aye. Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing for a Request for Determination for P .J. Keating Company, the project proposal is for replacement and maintenance work connected to the existing pump house. The location is within 100 feet of bordering vegetated wetland and Priority Habitat # 1738 related to 495 Leominster- Shirley Road. Jacob Bremer, Cody Delaney and Rob Pagani (P.J. Keating Co.) Jacob screen-shared the site plan, stating they want to excavate and pour a 12’x18’x6” slab, which they will add a wood shed on top of. This will be in front of the existing pump house, which is being replaced. The area is in 100’ of bordering vegetative wetland and Priority Habitat #1738. He noted that the replacement has been approved by Mass DEP. Mary asked if it is a public well and Cody replied it is private well used for their crushing operation. Rich asked for clarification of the building in relation to wetlands and why they are doing frost foundations. Rob replied that they have 2 wells that do not work currently and they are filing for a new well. Cody added the well will be cored to 3’ deep. The Commission discussed the application and asked the applicants to come back with a new drawing detailing the wetlands, structures and access road. Sophie asked if NHESP was contacted regarding the Priority Habitat but the applicants did not know. Mary added that they would need to see approval from NHESP also. Motion: Rich B., Second: Jenny P. To continue 495 Leominster-Shirley Rd to 6/5/24. Roll Call Vote- Jeff-aye, Jenny-aye, Rich B-aye, Chris-aye, and Mary-aye. CONTINUED PUBLIC HEARINGS Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Notice of Intent by Stefan McSweeny for the construction of a single family home and associated site work at 255 Sunny Hill Road (DEP #208-1320). (Continued from 5/1- 5/15)-John Plifka (McCarty Engineering) stated they are requesting approval of $1,500 for Goddard Engineering to do the wetland delineation. Motion: Rich B., Second: Chris S., To accept the quote from Goddard for $1,500 for the per review for Wetlands only. Roll Call Vote-Jeff-aye, Rich-aye, Chris-aye, and Mary-aye. (Jenny unable to vote) Motion: Rich B., Second: Chris S. To continue 255 Sunny Hill Road to 6/5/24. Roll Call Vote- Jeff-aye, Jenny-aye, Rich-aye, Chris-aye, and Mary-aye. Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearin g on a Request for Determination of Applicability by Jan Willem for laying of a naturalized stone steps and crushed stone path within the Buffer zone of a wetland at 141 Hemlock Drive (continued from 4/3 to 5/15)- Jim van Ess, the applicant, noted that Sophie and Jenny did site visits. Sophie stated that the previous owner took down trees and that 5 trees were also removed- 2 of which were diseased. ===PAGE 4=== She pointed out that the applicant has planted 13 pine saplings already, which look healthy. The Commission discussed the original OOC for the construction of the house. Jeff noted the original NOI gave approval for 8 steps and a walkway to the water. Jim stated that he wants to lay large bluestones for steps on crushed rocks in the 30’ no -disturb zone, towards the water to 5’ from the high -water mark. Rich found that on 10/6/21 a 3-year extension was approved, so the OOC is still active. He added that Jim needs to complete the work prior to October and call the office for a site visit. Mary asked for a vote to clear the prior violation for trees removed without permission. Motion: Jeff V ., Second: Jenny P. To close out the violation at 141 Hemlock Dr. Roll Call Vote- Chris-aye, Rich-aye, Jenny-aye, Jeff-aye and Mary-aye. Administrative Determinations: 91 & 99 Lancaster Ave. – Sophie asked to continue. Certificates of Compliance: ---255 Prospect St. – Sophie stated that she is waiting for the grass to be established. ---190 Electric Ave. –Sophie recommended to issue the COC. Motion: Chris S., Second: Jeff V . To issue the Certificate of Compliance for 190 Electric Ave. Roll Call Vote- Jenny-aye, Jeff-aye, Rich B-aye, Chris-aye, and Mary-aye. ENFORCEMENT: Violations (Enforcement Actions and Hearings) ---141 Hemlock – already cleared. ---10 Mass Ave- Sophie had no response yet. ---205 Sunset (Beers lot)- no update ---40 Fire Road 12 – a letter has been sent by the Town Attorney in regard to the expiring NOI. Scott Benjamin (40 Fire Road 12) stated that he did not receive any letters. Mary noted that the NOI was to remove pavement encroaching on town property. Scott stated that he and his neighbor have not heard anything from the town on the NOI and knew nothing about the expiration but would need an extension. Mary confirmed that Thomas Wu (44 Fire Rd. 12) and Scott Benjamin (40 Fire Rd. 12) were the applicants on the NOI, which expires on 7/19/24. The original Cease & Desist was dated 10/2020. Sophie will contact the Town Attorney to let him know he needs to contact 2 persons. ---Lane Property Bike Trails – table to another meeting. NEW BUSINESS: Topics unknown 48 hours in advance of meeting- none Beaver Deceiver at Cowdrey – Bob is looking into this. Flat Hill property- Chris talked to Bob about the properties that are for sale off Flat Hill Rd. and wants to talk to them. Mary noted that Bob has been talking to the town about those properties. Update if any on encroachment issues at: ---315 Lancaster Ave.- Sophie stated that she was told the shed was removed. OLD BUSINESS: Open Space and Land Use: no updates Grants and Conservation Improvement Updates – none Committee Reports – no updates. Hollis Road Residence Updates – Sophie reported the brown dry mustard for irradicating jumping worms had arrived and Mary will contact the Pollinator Habitat. Motion: Chris S., Second: Jenny P. To adjourn at 9:51pm. Roll Call Vote- Jeff-aye, Jenny-aye, Rich-aye, Chris-aye, and Mary-aye. ===PAGE 5=== Respectfully submitted, Jane Ranley Minutes Clerk