# conservation-commission — 11 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 : 2024-06-05-agenda-6591.txt BOARD : conservation-commission DATE : 2024-06-05 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2024-06-05-agenda-6591.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_06052024-6591 ======================================================================================== ===PAGE 1=== Mary Wilson, Chair Bob Pease, Vice Chair Jennifer Pewtherer Richard Bursch Jeffrey Viviano Michael Larouche Chris St. Germain Lunenburg Conservation Commission June 5, 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/7927370353?omn=84603626633 Meeting ID: 792 737 0353 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-May 15, 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 Ken & Tracy Stiles, Request for Determination of Applicability, the project proposal is for 6 ft tall chain link fence within the buffer zone of riverfront area of 41 Country Rd. 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 Trustees of: Village at Flat Hills, Request for Determination of Applicability for the project proposal is for Parcel number 84-001, detention pond maintenance for the area of 0 Courtland Circle. 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 FWP Realty Partners on behalf of Kevin Hill Landings Development, LLC for a Notice of Intent for a residential subdivision within the 100 ft. wetland buffer zone with paved driveways and a bio-retention basin for the area of 791 Mass Ave. CONTINUED PUBLIC HEARINGS Pursuant to MGL Ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing 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 drainage features. The location Tel: (978) 582-4146 960 Massachusetts Ave Lunenburg, MA 01462 Sophia Dorow Conservation Administrator Stephanie Dondero Conservation Assistant ===PAGE 2=== is within the edges of Bordering Vegetated Wetland and buffer of intermittent stream at Lot 2 Cross Road DEP#208-1326 (Continued from May 15th to June 5th). 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 from May 15th to June 5, 2024). 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 May 15th to June 5th). 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 15th-June 5th). 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 15th to July 3rd). Administrative Determinations: 91 Lancaster Ave. Tree removal Extension Request Permits: Certificates of Compliance: 667 Reservoir Road 290 New West Townsend Road 255 Prospect Street 30 Johnson Street Notice of Project Change: ENFORCEMENT: Violations, Enforcement Actions, and Hearings: 205 Sunset Lane (Beers lot) 1168 Mass Ave Rear 40 Fire Road 12 950 Chase Road 361 Mass Ave. rear Emergency Certifications: NEW BUSINESS: Topics Unknown - 48 Hrs Advance of Meeting Commission Decision Backlog Status Commissioner Re-Appointments FY25 Commissioner Officer Nominations FY25 Dillis & Roy 1083 Northfield Rd 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: Property Maintenance - Mower Lease Agreements & Tenant Responsibilities Property Maintenance Committee Reports – Any Update: Open Space Storm Water Communications/Public Comment: Adjourn_: Meeting schedule: Next meeting is July 3, 2024, at 7:00 PM by Zoom platform ======================================================================================== DOCUMENT : 2024-06-05-minutes-6591.txt BOARD : conservation-commission DATE : 2024-06-05 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2024-06-05-minutes-6591.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_06052024-6591 ======================================================================================== ===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 June 5, 2024, 7:00PM, ZOOM REMOTE Minutes Roll Call: Jenny P., Rich B., Chris S., Mike L., Mary W. and Sophie Dorow (Admin.) Absent: Jeff V. and Bob P. Call to Order at 7pm by Mary W. Announcements and Public Comment- none Minutes of previous meetings – none Requests for Continuance: Sophie noted 3 requests. 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 DEP #208 -1326 (Continued from May 15 th to June 5 th ). Motion: Rich B., Second: Chris S. To continue Lot 2 Cross Road to 7/3/24. Roll Call V ote- Jenny-aye, Chris-aye, Rich B-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 5/15-July 3rd.) Motion: Rich B., Second: Chris S. To continue 255 Sunny Hill Road to 7/3/24. Roll Call V ote- 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 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 15 th to July 3 rd.) Motion: Rich B., Second: Chris S. To continue 171 Arbor Street to 7/3/24. Roll Call V ote- Jenny-aye, Chris-aye, Rich B-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 Ken & Tracy Stiles, Request for Determination of Applicability, the project proposal is for 6 ft tall chain link fence within the buffer zone of riverfront area of 41 Country Rd. – Applicants Ken & Stacy present. Sophie screen -shared the site plan showing the location of the fence, on top of the hillside. Ken shared a photo of the yard and noted that the fence would ===PAGE 2=== be on the upper lawn area. It is black chain link and will be to contain their dogs. Sophie noted that the fence would be outside of the 30’ buffer and there is still an open OOC, but the lawn is now established. Motion: Rich B., Second: Jenny P. To approve 41 Country Rd. with a negative determination . Roll Call V ote: Chris-aye, Jenny -aye, Rich-aye and Mary -aye. (Mike L. joined the meeting.) 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 Trustees of: Village at Flat Hills, Request for Determination of Applicability for the project proposal for Parcel number 84 -001, detention pond maintenance for the area of 0 Courtland Circle . – Sophie noted that she was unable to get a hold of anyone. Chris will talk to the group ’s president. Motion: Rich B., Second: Chris S. To continue Parcel # 84 -001 to later in the meeting. Roll Call V ote- Rich B-aye, Chris-aye, Jenny-aye, Mike-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 behalf of FWP Realty Partners on behalf of Kevin Hill Landings Development, LLC for a Notice of Intent for a residential subdivision within the 100 ft. wetland buffer zone with paved driveways and a bio-retention basin for the area of 791 Mass Ave.- Jonathan Collette (Haley & Ward)- screen-shared the site plan for the old Stone Farm store site. There will be 3 lots with duplexes having shared driveways. Each will have a bio -retention basin , access municipal water and sewer and will be outside of the 50’ buffer. Sophie stated she did 3 site visits but could only locate a few flags from Matt Marro’s delineation on 9/17/22. Matt noted that the area is heavily vegetated now and he can have Haley Ward reflag it, after making some pathways. Jonathan noted that the limit of work will have silt fencing and straw wattles for erosion protection. Mike asked if any trees would be removed and Jonathan said he would get an estimate of those removed only within the limit of work. Mary noted they would be outside of the 100’ buffer. Jonathan added that the fieldstone walls on Lot 2 would be taken out, as well as the broken pavement. Public Comment: William Beaushene (48 Riley Rd), John Romano and Debbie Cameron, representing Stone Farm Estates – asked where Lot 3 would interact with Riley Road and Jonathan replied the lot line for Lot 3 is 15 -20’ off of Riley Road. Motion: Rich B., Second: Chris S. To continue 791 Mass Ave. to 7/3/24. Roll Call V ote- Jenny-aye, Rich B-aye, Mike-aye, Chris-aye, and Mary-aye. CONTINUED PUBLIC HEARING S Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing 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. – Greg Roy (Dillis & Roy) – shared a Google Earth image of the site with the existing well and pump house. He stated he was contacted to do a site plan per the Commission’s requests and they sent a wetland’s specialist to delineate the wetlands. They identified 7 flags (A1-A7) and noted there is a large bordering vegetated wetland between Lake Shirley, the train tracks and the well site. An erosion barrier has been constructed along the brush line and no vegetation will be taken down. The proposed addition will be outside of the 50’, except for 6’ area for tying into the existing building and will be built in a previously disturbed area. Greg added that they filed for an exemption with the NHESP. Sophie stated that she has not visited the site but they have provided the needed details. Greg noted their well is about 1,000’ from the town well. Rich asked that construction materials and gravel not be stored within 100’ of ===PAGE 3=== the wetland or that a temporary stockpile be done with erosion control. Mary stated that they have to wait for NHESP approval prior to voting. The Commissioners discussed the proposal. Motion: Rich B., Second: Chris S. To continue 495 Leominster-Shirley Road to 7/3/24. Roll Call V ote- 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 hearing on an Abbreviated Notice of Resource Area Delineation by Kevin O’Brien at 390 Howard Street (DEP # 208 -1304) (Cont . from May 15 th to June 5 th) – no one present. Motion: Rich B., Second: Mike L. To continue 390 Howard Street to 7/3/24. Roll Call V ote- Mike-aye, Jenny -aye, Chris -aye, Rich-aye, and Mary-aye. 0 Courtland Circle – Parcel 84-001 – no representative present still. Motion: Rich B., Second: Mike L. To continue 0 Courtland Circle, Parcel 84 -001 to 7/3/24. Roll Call V ote- Mike-aye, Jenny -aye, Chris -aye, Rich-aye, and Mary-aye. ------- Administrative Determinations: 91 Lancaster Ave. – Sophie reported there are 2 unhealthy trees on the stream bank and she agrees with removing them , with the 5’ stumps remaining. Certificates of Compliance : ---667 Reservoir Rd. –Sophie request ed they issue the COC because the work is complete. Motion: Mike L., Second: Chris S. To approve the Certificate of Compliance for 667 Reservoir Rd . Roll Call V ote: Rich-aye, Chris -aye, Jenny -aye, Mike-aye and Mary -aye. ---290 New West Townsend Rd.- Sophie asked to approve since the site is stable. Motion: Rich B., Second: Mike L. To approve the Certificate of Compliance for 290 New West Townsend Rd. Roll Call V ote: Chris-aye, Jenny -aye, Mike-aye, Rich-aye, and Mary-aye. ---255 Prospect St. – Sophie stated the grass has grown in and to approve the COC. Motion: Chris S., Second: Rich B. To issue the Certificate of Compliance for 255 Prospect St. Roll Call V ote- Mike-aye, Jenny-aye, Chris-aye, Rich-aye, and Mary-aye. Notice of Project Change: ---30 Johnson St. – Sophie noted that the deck is larger than the one approved. Paula V alente (30 Johnson St.) stated the original proposal was for a 10’ x 40’ deck but would like to make it 10’ X 50’ to accommodate the 4 sliders on the house. Greg Roy (Dillis & Roy) screen -shared the original plan and noted the deck is still only 10’ wide. Motion: Rich B., Second: Chris S. To accept the change as a field change to the current Order of Conditions for 30 Johnson St. Roll Call V ote: Jenny-aye, Rich -aye, Chris-aye, Mike-aye, and Mary-aye. ENFORCEMENT: Violations (Enforcement Actions and Hearings) ---40 Fire Road 12 – Sophie stated the Town Attorney sent a reminder letter and a copy was shared with the Commissioners. The Attorney needed to confirm that the applicants were aware and he initiated the 3rd letter to both of them. After the deadline in late July, there will be daily fines. ---205 Sunset (Beers lot) - Sophie noted that she was advised to issue a violation notice. NEW BUSINESS: ===PAGE 4=== Topics unknown 48 hours in advance of meeting- Sophie reported that Hickory Hills Association has retracted their request and will work with a different schedule after the 7/3 meeting. Commission Decision Backlog Status- Mary asked Sophie to send a list of the 23 in backlog and to have Stephanie work on updating the log. Sophie noted that she had more issues with SharePoint and IT . Commissioner Re-appointments FY25 – Mike and Jenny said they are willing to do re -appointments. Mary will write a formal letter to the Select Board to recommend their re -appointments. Commissioner Officer Nominations FY25 – Mary announced that she will resign as Chair at the end of June and Bob is willing to become Chair. Mary added that she would assume Vice-Chair if no one else is volunteering. Rich stated that Mary has done a commendable job as Chair and also that Sophie has done a tremendous job in the office. The Commission discussed the Clerk office and Rich noted that the Clerk would chair the meeting if the Chair and Vice -Chair were not available. Also the Clerk oversees the minutes and filing. Mary added that she will chair the next meeting which is July 3 rd. Dillis & Roy – 1083 Northfield Rd. – Greg Roy, representing the potential buyer, screen-shared the site plan for the proposed 5 lots on 30 acres. All lots have frontage on Northfield Rd . which is cut off by wetlands and would require wetland crossings to access the lots. The wetlands have been delineated and the site plan notes the wetland areas to be filled. The prospective buyer is proposing an alternative single road with a cul-de-sac to lessen the wetland disturbance. They will need a waiver for the maximum dead end road length from the Planning Board. They will need to re plicate the wetland disturbance, control stormwater with culverts and meet other requirements. Rich noted that replication is 2:1 in Lunenburg. Greg noted that the cul-de-sac would be outside of the 50’ and would follow the disturbance made previously by the logging operation. Beaver Deceiver at Cowdrey – Mary stated that Bob is working with Beaver Management Associates and has to modify the quote. Bob obtained a grant from the MSPCA for $2,100 and would need authorization of $250 for Beaver Management. Motion: Rich B., Second: Jenny P. To authorize $250 from the Timber Rights Fund to Beaver Solutions. Roll Call V ote: Mike-aye, Chris -aye, Jenny-aye, Rich -aye, and Mary -aye. FY23 Purchase Orders - Mary noted that Bob asked for votes for new Purchase Orders as follows: Motion: Rich B., Second: Mike L. To Maki for $1,000 for building supplies to replace the currently extended FY23 Purchase Order from the Timber Rights Fund for improvements on Conservation Land. Roll Call V ote: Chris-aye, Jenny -aye, Mike-aye, Rich -aye, and Mary -aye. Motion: Chris S., Second: Rich B. For $500 from the Timber Rights Fund to ExpressMyself.com (Smart Sign) for continued work on the “Y ou are here” signs to replace the currently unexpended Purchase Order created in FY23. Roll Call V ote: Mike-aye, Jenny -aye, Chris-aye, Rich -aye, and Mary -aye. OLD BUSINESS: Encroachment Issues: no updates Open Space and Land Use: LCC Sponsored Grant for 2023 – Mary noted that they do not need to send it out for competitive bid. Bob is working with a consultant for drawings and site work for the parking areas at Table Rock (Reino property) and to improve road access to the Harold Harley Viewing area. Hollis Road Residence Updates – Mike reported that the mower has a bent shaft and a crack so it is not worth fixing. They had a donation of a mower from a resident but it is also not working. A neighbor and Mark Bursch (Lake View Landscaping) volunteered to mow the paths. The Commission discussed options and opted to wait for better donations. If none, they may need to look to fund a used mower. Mike noted that the tenant provides the labor to mow around the house but they need to provide the mower. He ===PAGE 5=== also talked to Bill Bernard (DPW) who said they have very specific mowing contracts so he is unable to add Hollis Road to one. Mary noted that Bob has been looking at raising the rent to market rate and if so, they may be able to pay someone to mow. They can wait until July to vote on this. Mike also reported that Nick Morrison has completed all the painting on the house. Committee Reports – no updates. Motion: Rich B., Second: Chris S. To adjourn at 9:38pm. Roll Call V ote- Mike-aye, Jenny -aye, Chris-aye, Rich-aye, and Mary-aye. Respectfully submitted, Jane Ranley Minutes Clerk ======================================================================================== DOCUMENT : 2024-07-10-agenda-6646.txt BOARD : conservation-commission DATE : 2024-07-10 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2024-07-10-agenda-6646.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_07102024-6646 ======================================================================================== ===PAGE 1=== Mary Wilson, Chair Bob Pease, Vice Chair Jennifer Pewtherer Richard Bursch Jeffrey Viviano Michael Larouche Chris St. Germain Tel: (978) 582-4146 960 Massachusetts Ave Lunenburg, MA 01462 Sophia Dorow Conservation Administrator Stephanie Dondero Conservation Assistant Lunenburg Conservation Commission July 10th, 2024 Public Meeting Begins at 7:00 PM Agenda (Revised) 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/3020039690?omn=84493977291 Meeting ID: 302 003 9690 One Tap Mobile: + 16469313860,,3020039690# # US 19292056099, 3020039690 #US (New York) 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 15th, 2024, June 5th 2024 Appointments/Hearings – Begin at 7:00pm APPOINTMENT Lake Shirley Aquatic Management –Pre-Treatment Survey Report and Treatment Plan Hickory Hills- Solitude Lake Management-Report and Treatment Plan NEW PUBLIC HEARINGS Pursuant to MGL Ch 131, s 40 as amended and then Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Notice of Intent by Timothy Gendron for the proposal of construction of a new single-family home and associated amenities within 100-foot wetland buffer zone and within the 50 foot no build zone at 60 Cross Road Lot 12 A (Map 99, Parcel 12). DEP # 208-1329 Pursuant to MGL Ch 131, s 40 as amended and then Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Notice of Intent by Timothy Gendron for the proposal of construction of a new addition and driveway onto the existing single-family home within 100-foot wetland buffer zone and within the 50 foot no build zone at 60 Cross Road Lot 12 B (Map 99, Parcel 12) DEP # 208-1327. Pursuant to MGL Ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and ===PAGE 2=== Municipal Bylaws a public hearing on a Request for Determination of Applicability by David Feinberg for the replacement of an existing rolling dock at Dickenson Reservoir located at 25 Cliffview Terrace. 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 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 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 (Continued from June 5th). 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 FWP Realty Partners on behalf of Kevin Hill Landings Development, LLC for a Notice of Intent for a residential subdivision within the 100 ft. wetland buffer zone with paved driveways and a bio-retention basin for the area of 791 Mass Ave. DEP# 208-1328 (Continued from June 5th). 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 Trustees of: Village at Flat Hills, Request for Determination of Applicability for the project proposal is for Parcel number 84-001, detention pond maintenance for the area of 0 Courtland Circle. (Continued from June 5th). 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 from June 5th). 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 June 5th). 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 June 5th). 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 June 5th). ===PAGE 3=== Administrative Determinations: 1010 Royal Fern Drive Extension Request Permits: Certificates of Compliance: 90 Hemlock Drive 813 Chase Road, Lot B 160 Sunset Lane Notice of Project Change: 406 Sunset Lane DEP#208- 1284 37 Pearl st DEP#208-1315 ENFORCEMENT: Violations, Enforcement Actions, and Hearings: 205 Sunset Lane (Beers lot) (Superseding OOC 205 sunset lane DEP#208- 1299) 1168 Mass Ave Rear 40 Fire Road 12 950 Chase Road 361 Mass Ave. rear 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: Property Maintenance looking for new/used ordinated mower for this pollinator habitat Lease Agreements & Tenant Responsibilities Property Maintenance Committee Reports – Any Update: Open Space Storm Water Communications/Public Comment: Adjourn_: Meeting schedule: Next meeting is July 17, 2024, at 7:00 PM by Zoom platform ======================================================================================== DOCUMENT : 2024-07-10-minutes-6646.txt BOARD : conservation-commission DATE : 2024-07-10 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2024-07-10-minutes-6646.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_07102024-6646 ======================================================================================== ===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 C onservation Administration Michael Larouche Stephanie Dondero Chris St. Germain Conservation Assistant Ju ly 10 , 202 4 , 7:00PM, ZOOM REMOTE Minutes Roll Call : Mary W., Jenny P., Jeff V., Chris S. , Mike L., Bob P. and Sophie Dorow (Admin.) Absent: Rich B. Call to Order at 7pm by Bob P. as acting chair. Announcement s - Bob stated that they will do a reorganization at the next meeting. Also no continued hearings can be opened since the agenda was not posted on the town calendar or town hall board. All continued hearings will be rescheduled to 7/17. Public Comment - Bob thanked Mary for being the Chair this past year and added that she did a fabulous job during a difficult year. Minutes of previous meetings – 5/15/24 and 6/ 5/24 Motion: Mary W., Second: Jeff V. To approve the 5/15/24 minutes . Roll Call Vote: Bob-aye, Mary-aye, Jenny-aye and Jeff -aye. Motion: Mary W., Second: Jenny P. To approve the 6 /5/24 minutes. Roll Call Vote: Mary-aye, Jenny-ay e, Jeff -aye , and Bob-aye. APPOINTMENTS -- Lake Shirley Aquatic Management -Pre-Treatment Survey Report and Treatment Plan – Dominic Meringolo (SOLitude) reported that the biologists did a survey on 6/24/24 of all 66 data points. They recommen ded treatment of 58.7 acres of the lake . Dominic screen-shared the survey report, which noted Fan wort was the most dominant species present at 56% of the points, with Leafy Pondweed being the second most dominate species. He shared a map of the lake indicating the plants present and the treatment areas. Treatment will be done on 7/17 with Diquat, flumi and copper. (Mike L. and Chris S. joined the meeting. ) Mary asked how long it takes for the chemicals to dissipate and Dominic replied Diquat and flumi dissipate in 48 hours. Copper is gone in 24 hours. The lake will be closed the day of treatment , with no drinking of water for 3 days or use for irrigation for 5 days. Motion: Jeff V., Second: Mary W. To approve the treatment plan for Lake Shirley. Roll Call Vote: Mary-aye, Jenny-aye, Jeff -aye, Mike L., Chris S., and Bob-aye. Joanna Bilotta noted that the DPW Director will be working on the bridge on Flat Hill Rd and asked if they can do the draw down on 10/1 instead of 10/15. Bob replied that they would need to research if it would need to come before the Commission in regard to the Order of Conditions. -- Hickory Hills- SOLitude Lake Management -Report and Treatment Plan – Dominic Meringolo (SOLitude) stated that in 2020 , the whole lake was treated to knock back the Fanwort. Divers have continued to do hand-pulling and they are treating targeted areas. Dominic screen-shared a map noting the ===PAGE 2=== 9 areas to be treated on 7/17 , for a total of 16 acre s. Bob added that it is impressive that divers do a survey of the bottom of the lake also. Motion: Mary W., Second: Jeff V. To approve the treatment plan for Hickory Hills. Roll Call Vote: Mary-aye, Jenny-aye, Jeff -aye, Mike L., Chris S., 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 on a Notice of Intent for Timothy Gendron for the proposal of construction of a new single family home and associated amenities within 100-foot wetland buffer zone and within the 50 foot no build zone at 60 Cross Road Lot 12A (Map 99, Parcel 12). DEP #208-132 9 . Chris Anderson (Hannigan Engineering) screen-shared the site plan, noting that 60 Cross Road is one contiguous lot but will be separated through an ANR process by the Planning Board , dependent on a favorable Conservation Commission decision. He stated that the woodlands and bordering vegetative wetlands drain to a culvert which goes under Cross Road. They will be using municipal water and sewer. This project is part of a 5 unit development which will require stormwater management . They will provide mitigation of directing run-off from the roof to a drywell at the left of the new house , in order to capture smaller storm events. The structure and driveway will be outside of the 50 ’ buffer but they will be clearing within the 30 ’ to 50 ’ zone. They will use wattles and silt fencing along the perimeter of construction for erosion protection. When finished, it will be loamed and seeded. Th e DEP issued a file #208-1329 and had the following comments: 1. 5 unit subdivision- provide stormwater checklist , operation maintenance plan and other calculations. 2. D rywell does not fun ction as an infiltration feature but the structure is outside of the 50 ’ buffer. 3. A small portion of drywell stone is in the 50 ’ buffer. Mary said the DEP asked about test pits but she did not see them on the site walk. Chris A. replied that they usually do these prior to installing the structure but can do it sooner if the Commission desires. Bob noted that the Planning Board reviews the Stormwater plan and Chris A. noted that the proposed project falls under just state regulations. When the last lot is developed, it would be subject to Stormwater regulations. Chris A. shared a floodplain map and noted that documentation shows the property is not in the BLSF. Mary stated that when she did the site walk, she saw the wetlands delineation but the 30 ’, 50 ’ and 100 ’ buffers were not staked n or the structure location s. She asked if he has a plan showing how the structures will fit into the wetlands and Chris A. replied he does not have an ANR plan yet. Bob stated that Chris needs to dig test pits, stake the buffer zones, and structures and consent to a continuance. Chris A. replied that he will do a rough subdivision plan and let Sophia know when the pits and staking is done. Motion: Jenny P., Second: Chris S. To continue 60 Cross Road Lot 12A to 8/7/24 . Roll Call Vote: Mary-aye, Jenny-aye, Jeff -aye, Mike L., Chris S., 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 for Timothy Gendron for the proposal of construction of a new addition and driveway onto the existing single-family home within 100-foot wetland buffer zone and within the 50 foot no build zone at 60 Cross Road Lot 12 B (Map 99, Parcel 12). DEP #208-132 7 . Chris Anderson (Hannigan Engineering) noted that Lot 12 will be divided into Lots 12A and 12B. This lot has an existing house and driveway and they are proposing a structure to the southern side of the existing house, with a drive under garage and an additional driveway. A 2 ’ wide filter strip will run down the driveway to deal with driveway runoff. The addition will be built on the existing grassy area but there will be some clearing of woodland area to install the driveway. Chris A. stated that the DEP had the same comments as for Lot 12A. Mary asked for clarification on the area of clearing since it has not been ===PAGE 3=== staked or flagged. She also would want to see an overview of lots in the subdivision , test pits dug and staking completed. Motion: Mike L., Second: Mary W. To continue 60 Cross Road Lot 12 B to 8/7/24. Roll Call Vote: Mary-aye, Jenny-aye, Jeff -aye, Mike L., Chris S., 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 Request for Determination of Applicability by David Feinberg for the replacement of an existing rolling dock at Dickenson Reservoir located at 25 Cliffview Terrace . David screen-shared a drawing for the replacement rolling dock , which is a little smaller than the old one and will be placed in the same spot. It is aluminum and does not impede on the neighbor ’s property. He confirmed that they will not remove any trees or make changes to the shoreline. David added that the old existing dock will be removed. Motion: Mary W., Second: Jenny P. To approve the RDA with negative determination and condition that the old dock is removed from the 30 ’ buffer within 30 days . Roll Call Vote: Mary-aye, Jenny-aye, Jeff -aye, Mike L., Chris S., and Bob-aye. (All Continued Hearings we re rescheduled to 7/17/24 ) Certificates of Compliance : -- 813 Chase Road , Lot B – Sophia recommended approval. There were some changes but all was done according to plan. Motion: Chris S., Second: Jeff V. To approve the Certificate of Compliance for 813 Chase Road , Lot B. Roll Call Vote: Mary-aye, Jenny-aye, Jeff -aye, Mike L., Chris S., and Bob-aye. Not ice of Project Change: -- 406 Sunset Lane (DEP# 208-1284)- Greg Roy (Dillis & Roy) , representing Nancy Malady, screen- shared the site plan of the house on a peninsula on Lake Shirley. He noted that they built an addition approved by the Commission and replaced the old railroad ties with new walls. They are ready to do the plantings and would like to make modifications to the approved planting plan. Mark Bursch (Lakeview Landscaping) will be doing the planting but identified difficulties to putting 4 new trees in the current overstory. The applicant would like to replace the oak and maple with Mountain Ash and install 4 more shrubs -for a total of 12 shrubs. Motion: Mary W., Second: Chris S. To approve the plan as proposed for 406 Sunset Lane. Roll Call Vote: Mary-aye, Jenny-aye, Jeff -aye, Mike L., Chris S., and Bob-aye. -- 37 Pearl St reet (DEP #208-1315) – Greg Roy (Dillis & Roy) is representing the applicant and stated this was for reconstruction of a house and septic, which was approved by the Commission. Greg screen- shared the site plan and would like to request a change to the grading from the septic to the 30 ’ buffer line . Instead, they would like to install a retaining wall to eliminate the break-out grading and add a stairway. The wall will be 3 ’-3.5 ’ and tapered at both ends. Chris S. asked what material would be used for the wall and Greg replied he was not sure but most likely blocks. Motion: Mary W., Second: Jeff V . To approv e as pr esented for 37 Pearl Street . Roll Call Vote: Mary-aye, Jenny-aye, Jeff -aye, Mike L., Chris S., and Bob-aye. ===PAGE 4=== Greg asked if the Commission is now requiring staking at the 30 ’, 50 ’ and 100 ’ buffers and Bob replied just on a case by case basis. Mary said she requested the staking earlier to see how they were planning on fitting in the structures on the lots. Administrative Determinations: -- 1 10 Royal Fern Drive – (Mary took over the C hair ) – Sophia noted this was a proposal to remove a few trees. When she did the site visit, she observed a boat damaged by a tree that fell. Sophia screen- shared pictures of the trees . T he applicant was concerned about them falling and doing damage to the boat and landing or falling in the water. She has no issue with removing the trees and not replacing them , since there not enough resources for new trees. Motion: Chris S., Second: Jenny P. To approve Sophia ’s recommendation for 110 Royal Fern Drive. Roll Call Vote: Mike-aye, Jeff-aye, Jenny-aye, Chris-aye and Mary-aye. (Bob abstained) (Bob resumed the Chair.) Certificate of Compliance – -- 90 Hemlock Drive – Sophia reported that the vegetation has been stabilized in the area and the house was renovated . The only item not carried out was installing steps on the right side , which did not have any erosion- just patches of dirt. She recommended approval of the COC. Motion: Mary W ., Second: Je nny P. To approve the Certificate of Compliance for 90 Hemlock Drive . Roll Call Vote: Mary-aye, Jenny-aye, Jeff -aye, Mike L., Chris S., and Bob-aye. --160 Sunset Lane – Sophia did the site visit and the deck with stairs appeared to be done according to plans. She recommended approval of the COC. Motion: Mary W ., Second: Chris S . To approve the Certificate of Compliance for 160 Sunset Lane Roll Call Vote: Mary-aye, Jenny-aye, Jeff -aye, Mike L., Chris S., and Bob-aye. ENFORCEMENT: Violations (Enforcement Actions and Hearings) -- 205 Sunset (Beers lot)- Bob noted that they voted on this but the OOC was never issued. The people there applied to the DEP for a superseding OOC. The Town Attorney advised to do an enforcement because the deck does not comply. Sophia said she has started the enforcement paperwork and it will be issued in a day or 2. Also, she is meeting with the DEP on 7/24 at 11 am at the property. Mary and Chris will try to attend. -- 1168 Mass Ave Rear – no updat e . -- 40 Fire Road 12 – The Town Attorney sent a n additional letter . -- 950 Chase Road – no update. -- 361 Mass Ave rear – Sophia reported that the DEP sent information about a forestry vi olation – they clearcut where they were not supposed to. This is not a wetlands issue. OLD BUSINESS : Update on Title Searches – no update. E ncroachment I ssue s : -- 950 Chase Road - Shed removal – no update. -- 315 Lan caster Ave – Sophia noted the shed was removed but she is not sure if the debris was cleared. Open Space and Land Use: -- LCC Sponsored Grant for 2023 – Bob received clearance from Julie to go straight to bid but Mary said they need to jump through hoops as far as the state is concerned. Bob reported that the Select Board ===PAGE 5=== will have more ARPA money available. He suggested asking for some funds to pay the matching grant portion for the planning costs rather than cutting more trees for funds. Motion: Mary W ., Second: Chris S . To authorize Bob P. to write a letter on behalf of the Commission to request ARPA funds to pay for matching grant costs. Roll Call Vote: Mary-aye, Jenny-aye, Jeff -aye, Mike L., Chris S., and Bob-aye. Bob stated that they were counting on $20K-$30K from tree harvesting at Reino. Mr. King made a high bid but since then the price of white pine has fallen quite a bit, so he is not anxious to do the harvesting . Hollis Road Residence Updates – Mike reported they received a do nated used mower but it had a frozen pisto n and was not usable. He spoke to Home Depot and Ginny Albertson about purchasing a new mower. He found a new John Deere S100 riding lawn mower for $931 . He added that the Pollinator Habitat mows every 1 -2 weeks and the tenant does the same, so it would be half and half usage. Motion: Mary W ., Second: Jenny P . To approve, not to exceed $1,000, for the replacement of the broken riding lawn mower, with the new mower as proposed by Mike L. Roll Call Vote: Mary-aye, Jenny-aye, Jeff -aye, Mike L., Chris S., and Bob-aye. Bob stated it will be paid for out of the H awe s Fund and told Mike to work through Facilities Department. Committee Reports : -- Open Space - Mary reported they are meeting tonight on the 61b abatement for 20 Kilburn St. which the town has 1 st right of refusal. It is 92 acres and is adjacent to 2 parcels abutting Massapoag Pond. She said Mike Toohill would like to know if Conservation was interested and the Commission discussed the property. Motion: Mary W ., Second: Bob P . That the Conservation Commission is not interested in procuring 20 Kilburn St reet. Roll Call Vote: Mary-aye, Jenny-aye, Jeff -aye, Mike L., Chris S., and Bob-aye. -- Stormwater Committee – Jenny stated she did not have an update and they will be meeting next week. NEW BUSINESS : Topics unknown 48 hours in advance of meeting - Beaver Deceiver at Cowdrey – Bob reported that he obtained a grant from the MSPCA for a 2nd Beaver Deceiver and needed to install a culvert there. The DPW delivered the pipes and collars. He has reached out to Brett Ramsden for help with the install. New Purchase Orders – Commission voted on last meeting and Sophia will check on them. Shawn Kelly E state B equeath - Bob noted that the money was put in with the Trust Funds, which receive interest. Mary stated that they authorized the Title Search fees to come from this fund but later discussed changing it to the Timber Rights Fund. Bob will make an inquiry on this. Reorganization of Board – next meeting. Bob and Mary do not want to be the C hair. Mary thanked Bob for h is effort and time to keep things going. She suggested that a lot of responsibilities could be split among other Commissioners and some done by staff. Motion: Mary W ., Second: Mike L . To a djourn at 8 :5 3 pm. R oll Call Vote- M ary -aye, Jenny-aye, Jeff-aye, Mike-aye, Chris-aye, and Bob -aye. Respectfully submitted, Jane Ranley , Minutes Clerk ===PAGE 6=== ======================================================================================== DOCUMENT : 2024-07-17-agenda-6666.txt BOARD : conservation-commission DATE : 2024-07-17 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2024-07-17-agenda-6666.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_07172024-6666 ======================================================================================== ===PAGE 1=== Mary Wilson, Chair Bob Pease, Vice Chair Jennifer Pewtherer Richard Bursch Jeffrey Viviano Michael Larouche Chris St. Germain Tel: (978) 582-4146 960 Massachusetts Ave Lunenburg, MA 01462 Sophia Dorow Conservation Administrator Stephanie Dondero Conservation Assistant Lunenburg Conservation Commission July 17th, 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/87526214314 Meeting ID: 875 2621 4314 One Tap Mobile: +13092053325,,87526214314 # US 13126266799,, 87526214314 #US (Chicago) 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 Appointments/Hearings – Begin at 7:00pm APPOINTMENTS • Conservation Commission reorganization • 899 Flat Hill Road #208-1307 and 1147 Mass Ave will not be heard on July 17th 2024 as they have not met advertising timeframe standards. NEW PUBLIC HEARINGS Pursuant to MGL Ch. 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on an Amendment to the Order of Conditions by Thomas Crocker for the proposal of a pervious large two-story deck within the 100-foot buffer-zone on Lake Shirley at 899 Flat Hill Road, DEP # 208-1307. 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 Justin Repucci for the proposal of a driveway replacement with grading along with a sewer connection to town sewer line which is located within the buffer zone of bordering vegetated wetlands and intermittent stream at 1147 Mass Ave. ===PAGE 2=== CONTINUED PUBLIC HEARINGS Pursuant to MGL Ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on behalf of Trustees of: Village at Flat Hills, Request for Determination of Applicability for the project proposal is for Parcel number 84-001, detention pond maintenance for the area of 0 Courtland Circle. (Continued from June 5th to July 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 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 Cross Road Lot 2 Parcel # 99-11 (Continued from June 5th). 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 FWP Realty Partners on behalf of Kevin Hill Landings Development, LLC for a Notice of Intent for a residential subdivision within the 100 ft. wetland buffer zone with paved driveways and a bio-retention basin for the area of 791 Mass Ave. DEP# 208-1328 (Continued from June 5th). Pursuant to MGL Ch 131, s 40 as amended and then Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Notice of Intent by Timothy Gendron for the proposal of construction of a new single-family home and associated amenities within 100-foot wetland buffer zone and within the 50 foot no build zone at 60 Cross Road Lot 12 A (Map 99, Parcel 12). DEP # 208-1329 (Continued from July 10th to August 7th) Pursuant to MGL Ch 131, s 40 as amended and then Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Notice of Intent by Timothy Gendron for the proposal of construction of a new addition and driveway onto the existing single-family home within 100-foot wetland buffer zone and within the 50 foot no build zone at 60 Cross Road Lot 12 B (Map 99, Parcel 12) DEP # 208-1327. (Continued from July 10th to August 7th) 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 from June 5th). 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 June 5th). 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 June 5th). 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 June 5th). ===PAGE 3=== Administrative Determinations: 67 Peninsula Drive Extension Request Permits: Certificates of Compliance: 4 Sunset Lane 245 Holman St. Lot 3 251 Holman St. Lot 4 512 Northfield Road 41 Country Road Notice of Project Change: ENFORCEMENT: Violations, Enforcement Actions, and Hearings: 23 Cove rd 10 Mass Ave. 1168 Mass Ave Rear 40 Fire Road 12 950 Chase Road 205 Sunset lane Emergency Certifications: NEW BUSINESS: Topics Unknown - 48 Hrs. Advance of Meeting Conservation Commission Meeting schedule dates Beaver Deceiver at Cowdrey Ch61B abatement 20 Kilburn 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: Property Maintenance looking for new/used ordinated mower for this pollinator habitat Lease Agreements & Tenant Responsibilities Property Maintenance Committee Reports – Any Update: Open Space Storm Water Communications/Public Comment: Adjourn_: Meeting schedule: Next meeting is August 7th, 2024, at 7:00 PM by Zoom platform ======================================================================================== DOCUMENT : 2024-07-17-minutes-6666.txt BOARD : conservation-commission DATE : 2024-07-17 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2024-07-17-minutes-6666.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_07172024-6666 ======================================================================================== ===PAGE 1=== Town of Lunenburg Conservation Commission Mary Wilson, Interim Chair Tel: (978)582-4146 Jennifer Pewtherer , Vice Chair 960 Massachusetts Ave Michael Larouche , Clerk Lunenburg, MA 01462 Richard Bursch Sophia Dorow Jeffrey Viviano C onservation Administration Chris St. Germain Stephanie Dondero Conservation Assistant Ju ly 17 , 202 4 , 7:00PM, ZOOM REMOTE Minutes Roll Call : Jenny P., Rich B., Chris S. , Mike L., Mary W. and Sophie Dorow (Admin.) Call to Order at 7pm by Mary W. Announcements – Mary noted that she resigned as cha ir but is host ing the meeting. She reported that Bob Pease resigned from the Commission and it is a sad day. She thanked Bob for his hard work , d edication , and she appreciated his support. Bob will be missed. P ublic Comment- Rich said that Bob was a ball of energy and a great asset to the town. He hopes that Bob will follow up with his trail work projects. He will be missed. Minutes of previous meetings – 6/21/23 and 8/2/23 Motion: Mike L., Second: Jenny P To approve the minutes of 6/21/23. Roll Call Vote: Mike-aye, Jeff-aye, Rich-aye, Jenny-aye and Mary-aye. Motion: Rich B., Second: Jenny P To approve the minutes of 8/2/23. Roll Call Vote: Mike-aye, Jeff-aye, Rich-aye, Jenny-aye and Mary-aye. APPOINTMENTS Conservation Commission Reorganization - The Commission discussed and Jenny volunteered to be Clerk or Vice-Chair. Mary agreed to run the meetings for the time being. (Chris joined the meeting.) Motion: Rich B., Second: Mike L. To elect Jenny as Vice-Chair. Roll Call Vote: Mike-aye, Jeff-aye, Rich-aye, Chris -aye and Mary-aye. (Jenny abstained) Clerk – Rich nominated Mike L. as Clerk. Motion: Rich B., Second: Chris S . To elect Mike L. as Clerk . Roll Call Vote: Jeff-aye, Rich-aye, Jenny-aye, Chris-aye and Mary-aye. ( Mike abstained ) Chair-- will be tabled for now. Mary will host meeting for time being. New Hearings – 899 Flat Hill Rd and 1147 Mass Ave – were not heard as they have not met the advertising time-frame standards. Requests for Continuanc e: 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 Timothy Gendron for the proposal of construction of a single family home and associated amenities within 100 -foot wetland buffer zone and within the 50 foot no ===PAGE 2=== build zone at 60 Cross Road Lot 12A (Map99, Parcel 12). DEP #208-132 9 (Continued from July 10th to August 7th ). Motion: Jenny P ., Second: Rich B . To conti nue 60 Cross Rd . Lot 12A to 8 /7 /24. Roll Call Vote- Mike-aye, Jeff-aye , Rich-aye, Jenny -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 Timothy Gendron for the proposal of construction of a new addition and driveway onto the existing single -family home w ithin 100-foot wetland buffer zone and within the 50 foot no build zone at 60 Cross Road Lot 12 B (Map99, Parcel 12). DEP #208-132 7 (Continued from July 10th to August 7 th ). Motion: Rich B ., Second: Chris S . To conti nue 60 Cross Rd. Lot 12 B to 8 /7 /24. Roll Call Vote- Mike-aye, Jeff-aye, Rich-aye, Jenny -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 behalf of Trustees of: Village at Flat Hills, Request for Determination of Applicability for the project proposal for Parcel number 84-001 , detention pond maintenance for the area of 0 Courtland Circle (Continued from June 5 th to July 17 th ). Wayne Gariep y (32 Courtland Circle & Trustee @ The Village) reported that the town hired an engineer to complete a study which was held up by not being able to survey the pond. Brian Marchetti ( McCarty Engineering) added that the survey was delayed because the basin was too full but they have the measurements now. It was built in the early 2000 ’s and has accumulated some sedi ment in the last 15+ years. The goal is to perform grubbing out maintenance to restore the volume as originally designed. The basin is in the buffer zone , no wetlands will be crossed and they are just asking for permission to clean it out. Brian noted that he just received a drawing and they have a n O&M plan from the original approval, which he will supply to the office . Sophie screen-shared the plan and an aerial photo. Wayne added that the sludge will be removed from the site by the Contractor. Motion: Rich B. , Second: Jenny P. To continue Parcel # 84-001 to 8/7/24 and provide the O&M plan, a letter updated that the sludge will be removed off-site , no wetlands crossed and the updated plan proposal with limit of work. Roll Call Vote- Mike-aye, Jeff-aye, Rich-aye, Jenny -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 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 DEP #208-1326 (Continued from June 5 th ). No one was present, so continued to 8/7/24. Motion: Chris S ., Second: Jenny P . To continue Lot 2 Cross Road to 8/ 7 /24. Roll Call Vote- Mike-aye, Jeff-aye, Rich-aye, Jenny -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 behalf of FWP Realty Partners on behalf of Kevin Hill Landings Development, LLC for a Notice of Intent for a residential subdivision within the 100 ft. wetland buffer zone with paved driveways and a bio-retention basin for the area of 791 Mass Ave. DEP # 208- 1328 Continued from June 5 th .- Jonat han Collette ( Haley & Ward)- screen-shared the site plan for the old Stone Farm store site with 3 lots with 2-family houses with driveways off Mass Ave . Each will have a ===PAGE 3=== bio-retention basin for Stormwater. Sophie stated she did a s ite walk with Matt Marro and verified the locat ion of all f lags . Jon athan noted they received a DEP number with no comments . T he plan indicates the silt fencing and straw wattles for erosion protection. Sophie noted that she could not find the stakes for the buffer zones but the site has very dense vegetation. Motion: Rich B. , Second: Jeff V . To approve the NOI as submitted with a Standard Order of Conditions for 791 Mass Ave. Roll Call Vote- Mike-aye, Jeff-aye, Rich-aye, Jenny -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. (Continued from June 5 th .) – Greg Roy (Dillis & Roy) screen- shared the site plan filed with the RDA and noted they were hired to do the d e lin eation. They filed a letter with NHESP , which replied that the building is exempt from MESA but the well head was not. Greg said that they filed a project review checklist with NHESP and it is pending. He asked if the Commission could go forward with the negative determination on the RDA since the building was exempt. Mary replied that the office needed a copy of the letter from NHESP. Ken Dow (Environmental Compliance Manager for PJ Keating) noted that the letter was sent to A. Aubrey on 6/25/24 in error. Mary stated that DEP and the head of NHESP ask ed that the Commission not close out requests that are pending their decisions so they can add their conditions to the Commission ’s. She asked Greg to update the drawing to show where materials will be staged . Motion: Rich B. , Second: Jeff V. To continue 495 Leominster-Shirley Road to 8/ 7 /24. Roll Call Vote- Mike-aye, Jeff-aye, Rich-aye, Jenny -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 an Abbreviated Notice of Resource Area Delineation by Kevin O ’Brien at 390 Howard Street (DEP # 208-1304) (Con tinued from June 5 th ) – Sophie noted that there was a visit on 7/9 with Chuck Caron but she could not attend. She thought Matt Marro would be attending tonight and will reach out to him. Motion: Rich B. , Second: Jenny P . To continue 390 Howard Street to 8/ 7 /24. Roll Call Vote- Mike-aye, Jeff-aye, Rich-aye, Jenny -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 Stefan McSweeny for the construction of a single family home and associated site work at 255 Sunny Hill Road (DEP #208-1320). (Continued from J une 5th .) Brian Marchetti (McCarty Engineering) and Mary Ann DiPinto (3 Oaks Environmental). Brian screen-shared the site plan and noted they did some design modifications , met with the abutter and met with Bob Pease in March to review the wetland lines. In April, the Commission requested a 3 rd party review which was done by Goddard Engineering in June. Brian said he recently met with Sophie and Goddard ’s wetland scientist . The surveyor made modifications to 4 or 5 flags this morning. They all agree now on the wetland delineation and the site plan was updated. The proposed house is still outside of the 50 ’ buffer. Brian pointed out the new flag locations and noted that the stormwater runoff from abutters is making the wetland vegetation creep up the hill to where the off-site drainage trench is dumping water. They will be doing 1,700 sq ft of wetland fill for the driveway, which is 300 sq ft more than first calculated. Mary Ann DiPinto noted that the soils are all upland soil and any wetland plants on the neighbor ’s property is due to the amount of water coming into the property. She added that this design ===PAGE 4=== will take the water through the driveway and direct it to the wetlands. Brian stated that they are working with Mr. Paton to route water through the PVC drain to discharge into the wetlands. Sophie said the delineation makes sense but was concerned about how a ll the water will affect the wetlands . Brian and Mary Ann replied that it is the same water that has always flowed there. Brian also noted the 3,584 sq ft area for replication planting , to offset the wetland fill. Ken Paton ( 290 Leominster Road) – pointed out that the drawing shows the 6 ’’ drain in the wrong location and Brian will make that change. The Commission asked to have the location of the drain verified and updated on the plan. Motion: Rich B. , Second: Jeff V. To approve the NOI with the special condition that the 6 ” drain pipe location is updated on the drawing and submitted to the administrator prior to the drain pipe being installed . Discussion: Jeff asked who was responsible for maintaining the drain and Brian replied that a maintenance easement agreement would be on the deed. Roll Call Vote- Mike-aye, Jeff-aye, Rich-aye, Chris-aye, and Mary -aye. (Jenny could not vote) 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 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 Ju ne 5th .) Brian Marchetti (McCarty Engineering) stated that they have been working with the attorneys and the abutter to purchase 11 ’ of frontage to work out a common driveway. They will be going before the ZBA to allow the abutter to grant the land before they can finalize the plan and asked to continue to 8/21/24. Brian will come back with the revised NOI plan that will be significantly le ss of an impact, due to the process with NHESP and removing a significant portion of the property from development due to the presence of the Blanding ’s Turtle . There will be work in the buffer zone for only 1 house. Motion: Rich B. , Second: Mike L. To continue to 8/21/24. Roll Call Vote- Chris-aye, Rich-aye, Jeff-aye, Mike-aye, and Mary -aye. (Jenny could not vote) ------- Administra tive Determinations: -- 67 Peninsula Drive – Sophie stated the proposal is to remove 4 Hemlock trees that are diseased and a half dead white pine. They will replace with arborvitae s and Sophie approves. Motion: Chris S., Second: Jenny P. To approve the removal of the trees and replace with Arborvitae. Roll Call Vote- Mike-aye, Jeff-aye, Rich-aye, Jenny -aye, Chris-aye, and Mary -aye. Certificates of Compliance: --4 Sunset Lane – Sophie said there were revisions to the retaining wall and patio but it was less square footage of impervious surfaces. She would approve. Motion: Rich B ., Second: Jenny P. To approve the Certificate of Compliance for 4 Sunset Lane . Roll Call Vote- Mike-aye, Jeff-aye, Rich-aye, Jenny -aye, Chris-aye, and Mary -aye. -- 245 Holman St. Lot 3 – Sophie s aid to approve. Motion: Rich B ., Second: Chris S. To approve the Certificate of Compliance for 2 4 5 Holman St. Lot 3 . Roll Call Vote- Mike-aye, Jeff-aye, Rich-aye, Jenny -aye, Chris-aye, and Mary -aye. -- 25 1 Holman St. Lot 4 – Sophie said to approve. Motion: Jenny P ., Second: Mike L . ===PAGE 5=== To approve the Certificate of Compliance for 251 Holman St. Lot 4 . Roll Call Vote- Mike-aye, Jeff-aye, Rich-aye, Jenny -aye, Chris-aye, and Mary -aye. -- 5 12 Northfield Rd. – Sophie said to approve. Motion: Rich B ., Second: Chris S. To approve the Certificate of Compliance for 512 Northfield Rd . Roll Call Vote- Mike-aye, Jeff-aye, Rich-aye, Jenny -aye, Chris-aye, and Mary -aye. -- 4 1 Country Rd. – Sophie said to approve. Motion: Mike L. , Second: Rich B . To approve the Certificate of Compliance for 4 1 Country Rd . Roll Call Vote- Mike-aye, Jeff-aye, Rich-aye, Jenny -aye, Chris-aye, and Mary -aye. 23 Cove R d – Attorney Jack Mourad stated that this was part of 50 Sandy Cove Rd , which was split into a couple of lots. His client owns 23 Cove Rd and the OOC goes back to 1995. Rich B. noted that the last time he saw it, it had a violation which Jack said was resolved years ago. The OOC was pulled for the installation of a septic system 29 years ago and the system has passed Title 5 twice. Jack said it appears that John Esp osito did not follow through on it. The house is under contract to be sold and this is holding up the sale. Jack has been in contact with Sophie but she was unable to correct the mistake. Sophie reported that she did a site visit and the septic was installed according to plan. She noted around 2020-21 there was an area of pea stone 7 ’ from the bank of the stream , around raised beds. Robert Galloni (50 Sandy Cove Rd.) noted that they resolved an enforcement order in July 2023 regarding a greenhouse in the 100 ’ zone, which was removed. He said Anna Petrie (former administrator) did a site visit and the issue was closed . M otion: Rich B ., Second: Mike L. To approve the Certificate of Compliance for 23 Cove Rd . Roll Call Vote- Mike-aye, Jeff-aye, Rich-aye, Jenny -aye, Chris-aye, and Mary -aye. ENFORCEMENT S : Violations (Enforcement Actions and Hearings) -- 10 Mass Ave- Sophie reported that the Commission had given them 30 days to file but she has not received a filing. Mary said to proceed with a violation notice. Sophie noted that the equipment was removed and they had to file before resuming work. Mary asked Sophie to check on the erosion control which was failing. -- 40 Fire Road 12 – Sophie visited and one party removed the pavement . There is gravel and a large stack of wood, tools and debris there now . The boats and trailers have been removed. The OOC is due to expire in July . Mary said they need to meet the OOC and apply for a COC. Sophie will contact them. -- 1168 Mass Ave Rear - no update. -- 205 Sunset (Beers lot)- Sophie noted t he DEP meeting 7/24 on site. Chris and Jeff will attend also. NEW BUSINESS : Topics unknown 48 hours in advance of meeting - Conservation Commission Meeting Schedule was sent out by Sophie for feedback. Beaver Deceiver at Cowdrey – no update Chapter 61B Abatement 20 Kilburn St. -Mary noted that the Commission voted to not pursue and Bob notified the Select Board. Thomas Gibbons stated he was not aware of that. Mary replied that the parcel did not meet Open Space conditions, the parcel has received approvals for substantial improvements which would increase the price and it was not practical to complete the purchase in 120 days. OLD BUSINESS : Title Searches – no update. ===PAGE 6=== E ncroachment I ssue s : no updates Open Space and Land Use: LCC Sponsored Grant for 2023 – Mary noted that the last meeting they authorized Bob to contact the Select Board to propose using ARPA funds for covering the matching funds for this grant. LSR Sponsored Grant for 2022- Mary reported all the work has been done and they just need to do the final submittal and purchase of equipment requested. Hollis Road Residence Updates – Mike reported that the y approved $1,000 for a new riding mower but that did not include a mower deck. He proposes an additional $1,300 from the Hawes Fund to purchase a 42 ” Cub Cadet riding mower , for a total of $2,300. Mary asked if the tenant lease would cover the mower for loss. Mike replied that they could chain the mower in the shed . The tenant has agreed to mow for 30 hours per month. Also volunteers will mow at the Pollinator Habitat. He will purchase through Facilities Department, which will be tax free. M otion: Rich B ., Second: Jenny P . To purchase a new riding lawn mower , not to exceed $2,300. Roll Call Vote- Mike-aye, Jeff-aye, Rich-aye, Jenny -aye, Chris-aye, and Mary -aye. Mike also reported that all the painting ha s been finished. C ommittee Reports – no updates. M otion: Chris S. ., Second: Jenny P . To adjourn at 9:37 pm. Roll Call Vote- Mike-aye, Jeff-aye, Rich-aye, Jenny -aye, Chris-aye, and Mary -aye. Respectfully submitted, Jane Ranley Minutes Clerk ======================================================================================== DOCUMENT : 2024-08-07-agenda-6694.txt BOARD : conservation-commission DATE : 2024-08-07 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2024-08-07-agenda-6694.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_08072024-6694 ======================================================================================== ===PAGE 1=== Mary Wilson, Chair Jennifer Pewtherer -Vice Chair Richard Bursch Jeffrey Viviano Michael Larouche Chris St. Germain -Vacancy- Tel: (978) 582-4146 960 Massachusetts Ave Lunenburg, MA 01462 Sophia Dorow Conservation Administrator Conservation Assistant -Vacancy- Lunenburg Conservation Commission August 7th, 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/85342642102 Meeting ID: 853 4264 2102 One Tap Mobile: + 13092053325,,85342642102 # US 13126266799,,85342642102 #US (Chicago) 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, August 2, 2023, July 10, 2024, July 17, 2024 Appointments/Hearings – Begin at 7:00pm APPOINTMENTS • Bob Pease update on mass trails grant • 899 Flat Hill Road #208-1307 will now be discussed as a field change not a new public hearing • 1147 Mass Ave will not be heard due to inadequate abutter notification and legal ad placement NEW PUBLIC HEARINGS CONTINUED PUBLIC HEARINGS Pursuant to MGL Ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on behalf of Trustees of: Village at Flat Hills, Request for Determination of Applicability for the project proposal is for Parcel number 84-001, detention pond maintenance for the area of 0 Courtland Circle. (Continued from June 5th to August 7th ) ===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 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 Cross Road Lot 2 Parcel # 99-11 (Continued from June 5th to August 7th). Pursuant to MGL Ch 131, s 40 as amended and then Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Notice of Intent by Timothy Gendron for the proposal of construction of a new single-family home and associated amenities within 100-foot wetland buffer zone and within the 50 foot no build zone at 60 Cross Road Lot 12 A (Map 99, Parcel 12). DEP # 208-1329 (Continued from July 10th to August 7th) Pursuant to MGL Ch 131, s 40 as amended and then Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Notice of Intent by Timothy Gendron for the proposal of construction of a new addition and driveway onto the existing single-family home within 100-foot wetland buffer zone and within the 50 foot no build zone at 60 Cross Road Lot 12 B (Map 99, Parcel 12) DEP # 208-1327. (Continued from July 10th to August 7th) 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 from June 5th to August 7th). 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 June 5th to August 7th). Pursuant to MGL Ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Notice of Intent by Steve Powell for the construction of a single family and associated site work at 171 Arbor Street (DEP 208-1308). (Continued from June 5th to August 21st). ===PAGE 3=== Administrative Determinations: 54 Pine Acres rd Extension Request Permits: Certificates of Compliance: 38 Oak Ridge rd Notice of Project Change: 899 flat hill rd ENFORCEMENT: Violations, Enforcement Actions, and Hearings: 10 Mass Ave. 1168 Mass Ave Rear 40 Fire Road 12 950 Chase Road 205 Sunset lane 390 Howard st Emergency Certifications: 37 fire rd 19 NEW BUSINESS: Topics Unknown - 48 Hrs. Advance of Meeting Conservation Commission Meeting dates 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 Timber rights budget Hollis Road Residence: Property Maintenance looking for new/used ordinated mower for this pollinator habitat Lease Agreements & Tenant Responsibilities Property Maintenance Committee Reports – Any Update: Open Space Storm Water Communications/Public Comment: Adjourn_: Meeting schedule: Next meeting is August 21st, 2024, at 7:00 PM by Zoom platform ======================================================================================== DOCUMENT : 2024-08-07-minutes-6694.txt BOARD : conservation-commission DATE : 2024-08-07 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2024-08-07-minutes-6694.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_08072024-6694 ======================================================================================== ===PAGE 1=== Town of Lunenburg Conservation Commission Mary Wilson, Chair Tel: (978)582-4146 Jennifer Pewtherer , Vice Chair 960 Massachusetts Ave Michael Larouche , Clerk Lunenburg, MA 01462 Richard Bursch Sophia Dorow Jeffrey Viviano C onservation Administration Chris St. Germain Vacan cy Conservation Assistant August 7 , 202 4 , 7:00PM, ZOOM REMOTE Minutes Roll Call : Jenny P., Chris S. , Mike L., Jeff V., Mary W. and Sophie Dorow (Admin.) Absent: Rich B Call to Order at 7pm by Mary W. Announcements & P ublic Comment- none Minutes of previous meetings – 7 /1 0 /2 4 and 7 /17/ 2 4 Motion: Chris S ., Second: Jenny P To approve the minutes of 7 /1 0 /2 4 . Roll Call Vote: Jenny-aye, Mike-aye, Chris -aye, and Mary-aye. Motion: Jenny P. , Second: Chris S. To approve the minutes of 7 /17 /2 4 . Roll Call Vote: Jenny-aye, Mike-aye, Chris-aye, and Mary-aye. APPOINTMENTS /HEARINGS Update on Mass Trails Grant: Mary stated that Bob Pease could not attend but he reached out to Mass Trails administration for clarification on the contract. They will not need 3 quotes for the proposed service because that only applies to non-profits. The Commission can work through the town processes. Motion: Mike L., Second: Jenny P. To appo int Bob Pease as their representative, working with Julie and the Horizontal Engineering firm that has been designated to provide service to the town for this planning grant. Roll Call Vote: Jenny-aye, Mike-aye, Chris-aye, and Mary-aye. 899 Flat Hill Rd -Field Change – Jack Maloney (Dillis & Roy) screen-shared the site plan and noted this came before the Commission last October. The applicants renovated the house, adding a 2 nd floor and rebuilt the decks, with crushed stone and timber frame below. Jack shared photos of the new decks and added that they were done with helical piles – no concrete. Slats in the decking will allow water to go to the recharge are a below. A small section (188 sq ft) was added in the 100 ’ buffer zone. Jack clarified that it was his mistake that he missed showing the larger deck in October. Motion: Chris S., Second: Jenny P. To approve the Field Change for 899 Flat Hill Rd. as presented. Roll Call Vote: Jenny-aye, Mike-aye, Chris-aye, and Mary-aye. 1147 Mass Ave – w as not heard due to inadequate abutter notification and legal ad placement. CONTINUED PUBLIC HEARINGS ===PAGE 2=== Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on behalf of Trustees of: Village at Flat Hills, Request for Determination of Applicability for the project proposal for Parcel number 84-001 , detention pond maintenance for the area of 0 Courtland Circle (Continued from June 5 th to August 7 th ). Sophia stated that she had not received an updated plan yet. Wayne Gariep y (32 Courtland Circle & Trustee) reported that Brian Marchetti (McCarty Engineering) has the plan , showing no wetlands crossed, but he is on vacation. Wayne requested a continuance to 8/21. Motion: Mike L., Second: Jenny P. To continue 0 Courtland Circle to 8/21. Roll Call Vote: Jenny-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 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 DEP #208-1326 (Continued from June 5 th to August 7 th .) Chris Anderson (Hannigan Engineering) screen-shared the site plan and noted they addressed the DEP comments. They did the soil testing, provided soil logs, staked the building box and staked the 50 ’ and 30 ’ buffer zones. Motion: Chris S ., Second: Mike L. To approve the NOI for Lot 2 Cross Road with a Standard Order of Conditions. Roll Call Vote: Jenny-aye, Mike-aye, Chris-aye, and Mary-aye. (Jeff V. joined the meeting.) 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 Timothy Gendron for the proposal of construction of a single family home and associated amenities within 100 -foot wetland buffer zone and within the 50 foot no build zone at 60 Cross Road Lot 12A (Map99, Parcel 12). DEP #208-132 9 (Continued from July 10th to August 7th ). Chris Anderson (Hannigan Engineeering) screen-shared the site plan for a new single family home. They did the soil testing to show it complies with the stormwater system set backs and off-sets. The buffer zones and building box have been staked also. The Stormwater Maintenance plans are included in the NOI package and they have provided a stormwater review. Chris A. also screen-shared the map of the overall subdivision and delineated wetlands. Motion: Jenny P ., Second: Chris S. To approve the NOI for Lot 12A Cross Road with a Standard Order of Conditions. Roll Call Vote: Jenny-aye, Jeff-V., 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 Timothy Gendron for the proposal of construction of a new addition and driveway onto the existing single -family home w ithin 100-foot wetland buffer zone and within the 50 foot no build zone at 60 Cross Road Lot 12 B (Map99, Parcel 12). DEP #208-132 7 (Continued from July 10th to August 7th ). Chris Anderson (Hannigan Engineering) screen-shared the site plan for an addition to an existing home, with garage under and new driveway. He noted that they have staked out the limit of work and buffer zones in the proposed disturbed area. Chris pointed out the 2 ’ wide filter strip of crushed stone along the driveway which will help to slow down runoff from the site. Motion: Chris S., Second: Jeff V. To approve the NOI for Lot 12B Cross Road with a Standard Order of Conditions. Roll Call Vote: Jenny-aye, Jeff-V., Mike-aye, Chris-aye, and Mary-aye. ===PAGE 3=== 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 from June 5 th to August 7 th .) – Ryan Proctor (Dillis & Roy) reported that t hey forwarded the letter from National Heritage regarding the building and exemption from MESA review to Sophie. They also submitted the MESA checklist for construction of the replacement well. The casing for the well was previously installed for the well components. The building will be more impactful . They are still in the review period for the well replacement and expect i t by the end of the month. Motion: Mike L ., Second: Je nny P . To continue 495 Leominster-Shirley Road to 8/ 21 /24. Roll Call Vote- Jenny -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 an Abbreviated Notice of Resource Area Delineation by Kevin O ’Brien at 390 Howard Street (DEP # 208-1304) (Con tinued from June 5 th to August 7 th .) – Sophie stated that they asked for a continuance to 9/4/24. Motion: Mike L. , Second: Chris S. To continue 390 Howard Street to 8/ 7 /24. Roll Call Vote- Jeff-aye, Mike-aye, Chris-aye, and Mary -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 hearin g 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 Ju ne 5 th to August 21 st.) - requested to continue to 8/21/24. Motion: Mike L. , Second: Chris S. To continue 171 Arbor Street to 8/7 /24. Roll Call Vote- Jeff-aye, Mike-aye, Chris-aye, and Mary -aye. (Jenny not able to vote.) ------- Administra tive Determinations: -- 54 Pine Acres Rd. – Sophie stated that they are requesting to remove 2 dead trees on the edge of Hickory Hills lake. She is in favor o f removing one tree but leaving the root system intact for erosion control. She recommends leaving the second tree because it poses no risk to people or structures . Mike applauded the Administrator for saving a tree that is beneficial to the habitat. Sophie shared photos of the trees and Jeff questioned why they would not remove a dead tree. The Commission discussed and vote d . Motion: Jeff V ., Second: Chris S. To take both trees down. Roll Call Vote- Chris-aye, Mike- no , Jeff-aye, Jenny-aye, and Mary -aye. Certificates of Compliance: -- 38 Oak Ridge Road – Sophie noted that the site is stabilized with a retaining wall and 2 stairways, per the as-built plan. They have corrected the erosion into the lake and she would approve it. Motion: Chris S ., Second: Je ff V . To approve the Certificate of Compliance for 38 Oak Ridge Road . Roll Call Vote- Jenny -aye, Jeff-aye, Mike-aye, Chris-aye, and Mary -aye. ENFORCEMENT S : ===PAGE 4=== Violations (Enforcement Actions and Hearings) -- 40 Fire Road 12 – Sophie reached out to tell them that they need to complete the pro cess by adding loam, seeding, adding a boulder barricade and removing personal property in the buffer zone. The NOI expired mid-July and they have been told multiple times what they have to do. Mary stated that they will need to resubmit as a NOI to add loam and seed. Next step is to contact the Town Attorney to send a letter to confirm the old NOI expired, they need to refile and close within 30 days. Mary documented that the y had put in gravel and asphalted over it. -- 390 Howard St .- Sophie stated that she added this because there has been obvious runoff , erosion and expansion of wetlands on the property. This was all noted during her site walk with the wetlands scientist . Sophie talked via email to Matt Marro who said they will be putting up erosion control barriers in th ose problem areas this week. He will provide photos and a report by next week. Sophie has had no correspondence with Mr. O ’Brien. -- 205 Sunset (Beers lot)- Mike inquired about the 7/24 DEP meeting on site. Mary, Chris , Jeff , and Sophie attended and Mary noted that DEP asked questions about the footings, placement and how the dock landed on the lake floor. The DEP will have a deci sion by the end of August. Emergency Certification — 37 Fire Rd 19 - Sophie was contacted by some one who was concerned about some unhealthy trees leaning towards the main power lines. Unitil was not responsive in dealing with it and she found out the person who contacted her, took the trees down. She will have them file a retroactive Administrative Determination. NEW BUSINESS : Topics unknown 48 hours in advance of meeting - Mary noted that Bob is still active as a lead volunteer in Stewardship. He would like to close out purchase orders by paying Maki and Beaver Management invoices. Eze quiel (Town Accountant) said that the Commission needs to vote to approve a budget , so the office can file the budget to allocate funds for the fiscal year. -- Mary noted that the 8/5/24 balance for the Timber Rights Fund is $17,548.32 . Bob suggested budgeting $14K for professional services (Engineering fees) and $3, 548.32 for supplies. Motion: Jenny P., Second: Jeff V. To accept the Timber Rights Fund budget proposal. Roll Call Vote : Jenny-aye, Jeff-aye, Mike-aye, Chris-aye, and Mary-aye. -- Mary noted that the balance for the Hawes Fund was $36,484 . Bob suggested budgeting $30K for professional services and $6,484 for supplies . They have allocated up to $2,500 for the new tractor under supplies. Mike said the mower cost $2,300 . He also noted that there are 2 other projects at 123 Hollis Road – the kitchen upgrade and addressing any roof issues. Mary replied that those projects would come out of the professional services amount. Motion: Mike L ., Second: Je nny P . To accept the Hawes Fund budget proposal as advocated. Roll Call Vote : Jen n y-aye, Jeff-aye, Mike-aye, Chris-aye, and Mary-aye. Conservation Commission Meeting Dates — Mary and Jenny looked at Sophie ’s list . In January, they will meet on the 2 nd and 4 th Wednesday (1/8/25 and 1/22/25) to avoid holiday conflicts. Mary asked Sophie to add 7/2, 7/17, 8/6 and 8/20/25 to the schedule also. Motion: Mike L ., Second: Je ff V . To accept the Meeting Dates schedule . Roll Call Vote : Jen n y-aye, Jeff-aye, Mike-aye, Chris-aye, and Mary-aye. OLD BUSINESS : ===PAGE 5=== Title Searches – no update. E ncroachment I ssue s : no updates Chair- Mary stated that she was willing to be the Chair again and Mike nominated Mary as Chair. Motion: Jenny P., Second: Jeff V. To elect Mary W. as Chair. Roll Call Vote: Chris-aye, Mike-aye, Jeff-aye and Jenny-aye. Mary added that Bob will continue to support and coach her as Chair. Hollis Road Residence Updates – Mike reported that Don Gagne (Asst. Facilities) purchased the new lawn mower for the Habitat and 123 Hollis Rd. The lawn has been cut and the property looks nice. He also gave a shout-out to Nick Pirro for cleaning the water out of the carburetor on the self-propelled mower, which works now. Jeff asked if they will be increasing the rent at the 123 Hollis Road house. Mary replied that Bob talked to Heather who said she was concerned that would not be consistent with the terms of the original trust. Mary will wait for until a new Town Manager comes in but will also reach out for advice from Town Counsel. She suggested charging market rate but discounting after receiving validated work logs from the tenant. C ommittee Reports – no updates. Mary acknowledged all the effort of Commissioners to attend the meetings. M otion: Jeff V ., Second: Jenny P. To adjourn at 8:40 pm. Roll Call Vote- Jen n y-aye, Jeff-aye, Mike-aye, Chris-aye, and Mary-aye. Respectfully submitted, Jane Ranley Minutes Clerk ======================================================================================== DOCUMENT : 2024-08-21-agenda-6719.txt BOARD : conservation-commission DATE : 2024-08-21 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2024-08-21-agenda-6719.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_08212024-6719 ======================================================================================== ===PAGE 1=== Mary Wilson, Chair Jennifer Pewtherer -Vice Chair Richard Bursch Jeffrey Viviano Michael Larouche Chris St. Germain -Vacancy- Tel: (978) 582-4146 960 Massachusetts Ave Lunenburg, MA 01462 Sophia Dorow Conservation Administrator Conservation Assistant -Vacancy- Lunenburg Conservation Commission August 21st, 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/85342642102 Meeting ID: 853 4264 2102 One Tap Mobile: + 13092053325,,85342642102 # US 13126266799,,85342642102 #US (Chicago) 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, August 2, 2023, August 7th 2024 Appointments/Hearings – Begin at 7:00pm APPOINTMENTS 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 Justin Repucci for the proposal of a driveway replacement with grading along with a sewer connection to town sewer line which is located within the buffer zone of bordering vegetated wetlands and intermittent stream at 1147 Mass Ave. CONTINUED PUBLIC HEARINGS Pursuant to MGL Ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on behalf of Trustees of: Village at Flat Hills, Request for Determination of Applicability for the project proposal is for Parcel number 84-001, detention pond maintenance for the area of 0 Courtland Circle. (Continued from August 7th to August 21st ) 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 ===PAGE 2=== 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 from August 7th to August 21st) 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 June 5th to September 4th) 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 June 5th to August 21st). Administrative Determinations: 37 fire rd 19 Extension Request Permits: Certificates of Compliance: 1325 Mass Ave 5 Round rd 141 Hemlock dr Notice of Project Change: 137 Flynn rd 34 pine grove rd ENFORCEMENT: Violations, Enforcement Actions, and Hearings: 10 Mass Ave. 1168 Mass Ave Rear 40 Fire Road 12 950 Chase Road 205 Sunset lane 390 Howard st 34+48 Meadow lane 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 Committee Reports – Any Update: Open Space Storm Water Communications/Public Comment: Adjourn_: Meeting schedule: Next meeting is September 4th, 2024, at 7:00 PM by Zoom platform ======================================================================================== DOCUMENT : 2024-08-21-minutes-6719.txt BOARD : conservation-commission DATE : 2024-08-21 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2024-08-21-minutes-6719.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_08212024-6719 ======================================================================================== Town of Lunenburg Conservation Commission Mary Wilson, Chair Tel: (978)582-4146 Jennifer Pewtherer, Vice Chair 960 Massachusetts Ave Michael Larouche, Clerk Lunenburg, MA 01462 Richard Bursch Sophia Dorow Jeffrey Viviano Conservation Administration Chris St. Germain Vacancy Conservation Assistant August 21, 2024, 7:00PM, ZOOM REMOTE Minutes Roll Call: Jenny P., Rich B., Mike L., Chris S., Mary W. and Sophie Dorow (Admin.) Absent: Jeff V. Call to Order at 7pm by Mary W. Announcements- Mary noted that there is a vacancy and anyone interested in joining the Commission should contact her. Chris pointed out that the website indicates that Jenny’s term ends June 2024, instead of June 2027. Sophia will contact Kara to make that change. Public Comment- Carolyn Palo (42 Meadow Lane) said that she contacted Sophia about a violation that has been going on for several years. Mary replied that they will address it later under Violations. Minutes of previous meetings –8/7/24 Motion: Rich B., Second: Jenny P To approve the minutes of 8/7/24. Roll Call Vote: Chris-aye, Jenny-aye, Mike-aye, Rich B., and Mary-aye. Continuances – Sophia reported that she had confirmation that 390 Howard wanted to continue to 9/4. 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 Justin Repucci for the proposal of a driveway replacement with grading along with a sewer connection to town sewer line which is located within the buffer zone of bordering vegetated wetlands and intermittent stream at 1147 Mass Ave. – Justin Repucci and Bob Proctor (99 Pleasant St.)-Sophia screen-shared a site drawing. Bob Proctor noted that the driveway is lower than Mass. Ave. and there is a 4.5’ berm to the left of the driveway. A drainage ditch comes through the property from the football fields and school property. Currently water comes into the swale and has no where to go so Justin ends up with water in his basement. The plan is to remove the asphalt from the driveway, remove the garage and man-doors, block it and add fill to the top of the berm. Bob estimated the straw waddles will be 25’ -30’ from the wetlands and the driveway is 50’ to 60’ from the wetlands. Sophia and Jenny shared site photos of flooding in the driveway near the house. Rich asked how much fill will come in and Bob stated roughly 100 yards. The asphalt will be removed and disposed of off-site. There will be 2’ of common fill, 1’-1.5’ of bank run gravel and 6” of regrinds on top. Rich suggested adding a hedgerow 5’ -6’ from the edge of the slope to prevent snow being pushed over the edge. Bob replied that there is thick vegetation currently right to the berm. Mary asked to have the top of the berm vegetated and have the drawing updated with dimensions from the wetlands and the limit of work. Motion: Chris S., Second: Rich B. To continue 1147 Mass. Ave. to 9/4/24. Roll Call Vote: Jenny-aye, Chris-aye, Mike-aye, Rich-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 behalf of Trustees of: Village at Flat Hills, Request for Determination of Applicability for the project proposal for Parcel number 84-001, detention pond maintenance for the area of 0 Courtland Circle (Continued from August 7th to August 21st). Wayne Gariepy (32 Courtland Circle and Trustee) – Mary stated that they were looking for the Maintenance Plan and an updated drawing. Brian Marchetti (McCarty Engineering) noted that he sent Sophia the as-built plan with the wetlands lines and area of work. He screen-shared the site plan and stated that they will grub out the sediment to return to the original as-built level and contractor will take it back to their yard to mix into general fill. Brian added that the Maintenance agreement was part of the Order of Conditions and this is a task to be done on a regular basis, which Wayne agreed will be done. Motion: Rich B., Second: Mike L. To approve 0 Courtland Circle as submitted. Roll Call Vote: Chris-aye, Jenny-aye, Mike-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 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 from August 7th to August 21st.)– Greg Roy (Dillis & Roy) and Ken Dow (PJ Keating)- Greg screen-shared the site plan for the addition to the pump house for the new well. He noted that they filed for an exemption under the Mass Endangered Species Act. The construction of the pump house was exempt but not the construction of the well. They filed a project review checklist with NHESP (Natural Heritage & Endangered Species Program) and received a response that the work would not result in a No Take of state listed rare species. Greg also updated the site plan with the location of the material storage area. Motion: Chris S., Second: Mike L. To approve the RDA for 495 Leominster-Shirley Road. Roll Call Vote: Mike-aye, Chris-aye, Jenny-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 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 June 5th to August 21st.) - no one present. Motion: Rich B., Second: Chris S. To continue 171 Arbor Street to later in the meeting. Roll Call Vote: Rich-aye, Mike-aye, Chris-aye, and Mary-aye. (Jenny not able to vote on this.) ------- Administrative Determinations: --37 Fire Road 19 – Sophia stated this was a retroactive Administrative Determination for work on trees encroaching on power lines. The work has been done and she recommends approval retroactively. Motion: Chris S., Second: Mike L. To approve the Administrative Determination for 37 Fire Road 19. Roll Call Vote: Jenny-aye, Chris-aye, Mike-aye, Rich-aye and Mary-aye. Certificates of Compliance: --1325 Mass Ave. – Sophia noted this was a basin for stormwater mitigation and everything is established in the buffer zone. There was some erosion starting in one area but that is included in the long term maintenance plan. She would approve. Motion: Rich B., Second: Jenny P. To approve the Certificate of Compliance for 1325 Mass Ave. Roll Call Vote: Chris-aye, Jenny-aye, Mike-aye, Rich-aye and Mary-aye. --171 Arbor St. – Rich talked to Brian Marchetti who requested a continuance to 9/18/24. Motion: Rich B., Second: Chris S. To continue 171 Arbor St. to 9/18/24. Roll Call Vote: Jenny-aye, Chris-aye, Mike-aye, Rich-aye and Mary-aye. --5 Round Road – Sophia recommended approval. Motion: Mike L., Second: Jenny P. To approve the Certificate of Compliance for 5 Round Road. Roll Call Vote: Chris-aye, Jenny-aye, Mike-aye, Rich-aye and Mary-aye. --141 Hemlock Drive - Sophia recommended approval. Motion: Chris S., Second: Rich B., To approve the Certificate of Compliance for 141 Hemlock Drive. Roll Call Vote: Jenny-aye, Chris-aye, Mike-aye, Rich-aye and Mary-aye. Notice of Project Change: --137 Flynn Road – Greg Roy (Dillis & Roy) –stated the contractor requested modifying the plantings and locations. The prior plan was for 6 Dogwoods and 6 White Birches, but they are now proposing to do all flowering dogwoods, with slight changes to location. In addition, Brian Ricci (owner) asked to remove an 18” thick pine that had been struck by lightning and split. The new plantings will go in so to cause the least amount of disturbance. Motion: Jenny P., Second: Mike L., To approve the Notice of Project Change for 137 Flynn Road. Roll Call Vote: Chris-aye, Rich-aye, Mike-aye, Jenny-aye and Mary-aye. --32 Pine Grove Road (not 34 Pine Grove Rd.) – Greg Roy (Dillis & Roy) screen-shared the updated site plan proposing to straighten the wall, remove 3 dead oaks, relocate the hot tub to the side of the property and plantings for mitigation. Native shrubs will be planted behind the hot tub and there are 2 other dead trees to be removed. Sophia noted that the updated wall has been done already and the bluestone patio will increase in square footage. The plan does not have a list of proposed shrubs. Mary stated she has a concern when proposing plantings for loss of habitat outside of the 50’ buffer—compromising a protected area for a non-protected area. Motion: Chris S., Second: Rich B., To approve the Notice of Project Change for 32 Pine Grove Road. Roll Call Vote: Mike-aye, Jenny-aye, Rich-aye, Chris-aye and Mary-aye. ENFORCEMENTS: Violations (Enforcement Actions and Hearings) --34+48 Meadow Lane – Carolyn Palo (42 Meadow Lane – her father’s home) stated that they were concerned about a shelter that was placed in wetlands at 34 Meadow Lane in 2011 and mowing also done in the wetlands. It was originally an adverse possession case that was resolved with a fence. The neighbor invited the other neighbors to dump yard waste into the wetlands to create a foundation for the shelter. The building permit was for #34 Meadow Lane but on #48’s land. The building inspector at that time said that #34 had permission from #48 to build it. Jan Carrier (Conservation at that time) signed off on it but Carolyn did not think she realized the shelter was in the wetlands- not on #34 Meadow Lane. Mary screen-shared an aerial view from Mass Mapper, showing the properties and the shelter. (Carolyn lost signal at this time.) --40 Fire Road 12 – Sophie reported that she met with Town Counsel, who said the options are to send the applicants an Enforcement letter, have the applicants file for an extension or file a new NOI. He left it up to the Commission to decide if they wanted Sophia to issue the Enforcement order. Sophia noted that prior letters sent had no outcome and the current OOC expired mid-July, so she advised the Commission to issue the Enforcement order. Motion: Jenny P., Second: Mike L To issue an Enforcement Order to 40 Fire Road 12. Roll Call Vote: Chris-aye, Jenny-aye, Mike-aye, Rich-aye and Mary-aye. -- 34+48 Meadow Lane (continued) – Carolyn Palo screen-shared aerial photos of the properties, pointing out the shed (the shelter), area mowed and a tree stand. Sophia said she has not done a site visit and currently only has permission from Carolyn to visit but will contact the neighbors for a visit. Mary noted that it looks like they are mowing in the wetlands and she cautioned Carolyn that they only have jurisdiction on the wetlands. Carolyn replied that she is concerned that they filled in the wetlands to build the shed. Mary said that they are limited on taking action on past events but can act on things happening now. She asked Sophia to validate whether there is an actual wetlands violation. NEW BUSINESS: Topics unknown 48 hours in advance of meeting- OLD BUSINESS: Title Searches – no update. Encroachment Issues: no updates Open Space and Land Use: -- Grants Update (LCC sponsored, award year 2023) – Mary noted that Bob Pease is still volunteering in this area. He let her know that the Select Board approved the ARPA funds to provide the $15,450.55 matching funds for the Mass Trails Grant. They were able to award the horizontal engineering to Dillis & Roy who provided a proposal within budget of the original grant as proposed to Mass Trails. The 4 projects cost is $63,045, with Mass Trails funding 80% and the ARPA funds covering 20%. Motion: Mike L., Second: Jenny P. To approve the award of this business to Dillis & Roy. Roll Call Vote: Chris-aye, Jenny-aye, Mike-aye, Rich-aye and Mary-aye. Hollis Road Residence Updates – Mike reported that mowing is continuing as planned and the property looks good. He urged all to visit the Habitat. They are still looking for some good used cabinets to upgrade the kitchen. Committee Reports – no updates. Public Comment: Carolyn Palo stated that she is building a smaller version of the pollinator habitat and asked if she can get seeds from the Habitat. Mike suggested talking to Virginia at the Habitat. Jenny also suggested looking into seed events held by Worcester Native Plant Initiative. Motion: Chris S., Second: Jenny P. To adjourn at 8:41pm. Roll Call Vote- Rich-aye, Mike-aye, Chris-aye, Jenny-aye and Mary-aye. Respectfully submitted, Jane Ranley Minutes Clerk ======================================================================================== DOCUMENT : 2024-09-04-agenda-6738.txt BOARD : conservation-commission DATE : 2024-09-04 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2024-09-04-agenda-6738.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_09042024-6738 ======================================================================================== ===PAGE 1=== Mary Wilson, Chair Jennifer Pewtherer -Vice Chair Richard Bursch Jeffrey Viviano Michael Larouche Chris St. Germain -Vacancy- Tel: (978) 582-4146 960 Massachusetts Ave Lunenburg, MA 01462 Sophia Dorow Conservation Administrator Conservation Assistant Lunenburg Conservation Commission September 4th, 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/85342642102 Meeting ID: 853 4264 2102 One Tap Mobile: + 13092053325,,85342642102 # US 13126266799,,85342642102 #US (Chicago) 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: August 21, 2024 Appointments/Hearings – Begin at 7:00pm APPOINTMENTS NEW PUBLIC HEARINGS CONTINUED PUBLIC HEARINGS Pursuant to MGL Ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Request for Determination of Applicability by Justin Repucci for the proposal of a driveway replacement with grading along with a sewer connection to town sewer line which is located within the buffer zone of bordering vegetated wetlands and intermittent stream at 1147 Mass Ave. (Continued from August 21st to September 4th) 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 June 5th to September 4th) ===PAGE 2=== Pursuant to MGL Ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Notice of Intent by Steve Powell for the construction of a single family and associated site work at 171 Arbor Street (DEP 208-1308). (Continued from June 5th to September 18th). Administrative Determinations: 160 sunset lane 24 BrookView Terrace Extension Request Permits: Certificates of Compliance: 39 main st 71 watt st lot #6 441 Townsend Harbor rd Notice of Project Change: 10 Sunset ave ENFORCEMENT: Violations, Enforcement Actions, and Hearings: 10 Mass Ave. 1168 Mass Ave Rear 40 Fire Road 12 950 Chase Road 205 Sunset lane 390 Howard st 34+48 Meadow lane 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 Committee Reports – Any Update: Open Space Storm Water Communications/Public Comment: Adjourn_: Meeting schedule: Next meeting is September 18th, 2024, at 7:00 PM by Zoom platform