# conservation-commission — 13 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 : 2024-09-04-minutes-6738.txt BOARD : conservation-commission DATE : 2024-09-04 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2024-09-04-minutes-6738.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_09042024-6738 ======================================================================================== ===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 Conservation Administration Chris St. Germain Vacancy Conservation Assistant September 4, 2024, 7:00PM, ZOOM REMOTE Minutes Roll Call: Jenny P., Rich B., Chris S., Mike L., Jeff V ., Mary W., and Sophie D. (Admin) Call to Order at 7pm by Mary W. Announcements & Public Comment- none Minutes of previous meetings –8/21/24 Motion: Rich B., Second: Chris S. To approve the minutes of 8/21/24. Roll Call Vote: Mike-aye, Chris-aye, Jeff-aye, Rich-aye, Jenny-aye, and Mary-aye. APPOINTMENTS/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) Bob Proctor (99 Pleasant St, representative to Justin) states that he provided the requested revised plan for the proposal with measurements. Sophie screen-shared the plan and confirmed that the measurements were accurate to her walk. Mary states that her request from the last meeting to add dimensions to the plan was fulfilled. Motion: Chris S., Second: Jenny P. To approve with negative determination. Roll Call Vote: Mike-aye, Chris-aye, Jeff-aye, Rich-aye, Jenny-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) (Continued from June 5th to September 4th) Chuck Karen has been working with Kevin (not present). He reports that he is reflagging the area to mark any wetland expansion that occurred due to construction activity and the decommissioning of a chicken farm. He is working through a list of previously identified spots. Thick vegetation has slowed progress, but he anticipates completion before the Commission meeting on October 2nd. Motion: Mike L., Second: Rich B. To continue 390 Howard St. to 10/2/2024. Roll Call Vote: Jenny-aye, Rich-aye, Jeff-aye, Mike-aye, Chris-aye, and Mary-aye. ===PAGE 2=== ------- Administrative Determinations: --160 Sunset Lane – Request for tree removal. Sophie screen-shared the diagram which outlined the deck structure by Lake Shirley and six trees proposed for removal, three of which were very close to the deck structure and three were a bit further away and likely would not damage structures. She screen-shared photos of the trees in question. One of the trees, on the left of the deck structure, is dead, and the trunk’s angle would cause it to fall either in the water or on the stairs of the deck. Sophie believes that the three leftmost trees (further from the deck) should remain to maintain resource areas and wetland buffer. Sophie suggests removing the three trees closest to the deck but leaving a snag to prevent further erosion of the area. The applicant indicated a desire to plant wild blueberry bushes to build a root system to hold the soil in place, but Sophie says the area is very shaded out, so it would be difficult for young vegetation to thrive. Rich states that the area should be revegetated immediately to prevent further erosion. He suggests extensive planting to ensure some plants take root. Proposal: The three trees closest to the dock would be allowed to be removed with the root ball staying intact and replacement three-to-one with whips. The three trees furthest away from the dock would not be allowed to be removed. A landscape designer should be brought in to plan the revegetation of the site or a pallet of native plants should be planted to ensure maximum rooting and naturalization. Applicants should offer a more detailed planting plan for erosion management during the September 18th meeting before the proposal can be voted on. Motion: Rich B., Second: Mike L. To continue to September 18th Roll Call Vote: Jenny-aye, Rich-aye, Jeff-aye, Mike-aye, Chris-aye, and Mary-aye. -- 24 BrookView Terrace – Request to remove a cluster of three very large dead pine trees. The trees are 10-12 feet from a house/cabin and pose a risk of falling on the dwelling. The trees are outside of the 30- foot buffer zone of the resource area but within the 50-foot buffer zone. Sophie recommends the trees be removed. Motion: Jeff V., Second: Chris S. To approve removal of the three dead pine trees. Roll Call Vote: Jenny-aye, Rich-aye, Jeff-aye, Mike-aye, Chris-aye, and Mary-aye. Certificates of Compliance: -- 39 Main Street – Sophie states all vegetation was stabilized, no erosion was occurring, and she has no concerns. She would approve this CoC Motion: Jeff V., Second: Chris S. To approve Certificate of Compliance. Roll Call Vote: Jenny-aye, Rich-aye, Jeff-aye, Mike-aye, Chris-aye, and Mary-aye. -- 17 Watt Street Lot 6 – Sophie states that the area has been stabilized entirely and the retention basin has the appropriate species growing in and around it. She would approve this CoC. Motion: Rich B., Second: Mike L. To approve Certificate of Compliance. Roll Call Vote: Jenny-aye, Rich-aye, Jeff-aye, Mike-aye, Chris-aye, and Mary-aye. -- 441 Townsend Harbor Road – Sophie states that the septic replacement and related work area was fully established with full grass. She would approve this CoC. Motion: Mike L., Second: Chris S. ===PAGE 3=== To approve Certificate of Compliance. Roll Call Vote: Jenny-aye, Rich-aye, Jeff-aye, Mike-aye, Chris-aye, and Mary-aye. Notice of Project Change: -- 10 Sunset Avenue – Jenny recuses herself from the vote as it is her house. Ryan Proctor (Dillis & Roy) is representative of the applicants (Jenny Pewtherer and Jack Sheen). Project to replace two deteriorating and failing retaining walls along Lake Whalom was approved by the ConCom in December 2023 but an order of conditions has not been issued. A new order of conditions should reflect the proposed changes should they be approved. The proposal is to relocate the access stairs from the middle of the retaining wall by bringing the northern extent of the lower patio further south and expanding the patio’s southern side to meet an existing concrete stairway. The landscaping area to the north of the lower patio will be expanded southward to meet the new edge of that patio. Motion: Mike L., Second: Jeff V . To approve of the proposed project change. Roll Call Vote: Rich-aye, Jeff-aye, Mike-aye, Chris-aye, and Mary-aye. ENFORCEMENTS: Violations (Enforcement Actions and Hearings): --390 Howard Street – After a chain of emails with the applicant’s representative regarding the need to reinstate erosion controls, Sophie revisited the site by verbal permission of the applicant to ensure the controls were established and functioning. She found three erosion controls established to the east of the parcel, but the west side of the parcel showed drastically increased erosion since the last visit, bypassing the riprap and doubling the size of the eroded ditches. An intermittent stream crosses that area, and the beginning of a wetland is starting as well. Sophie screen-shared photos of the eastern erosion controls and the severe western erosion. In places, the area was eroded 3-4 feet (chest height) below the level of the access road. The path of the erosion flows perpendicular to Howard Street and perpendicular through the intermittent stream. It appears that there were major changes to the flow of the intermittent stream. Mary and Chris discuss the property owner’s plan for the site being for development and conclude that regardless of the final objective for the site, regulations deem that the owner cannot continue to allow sedimentation into the existing wetlands or to allow sedimentation to escape his property via the intermittent stream. Sophie recommends sending a certified violation notice with a deadline for the concerns to be addressed. If not addressed by the deadline, it would be reasonable to move to enforcement order. Jeff suggests escalating the matter to Massachusetts DEP and implementing a stormwater management plan in the meantime. Sophie states that an entity higher than the commission is aware of the situation, but she is unsure exactly which agencies are aware of the problem and if anyone is taking action. She knows the EPA has been involved. She will investigate escalating the issue. To start the violation clock ticking and encourage action from the applicant, it was recommended by Rich to issue a daily violation notice of $300.00 per day until the erosion controls are put back in place. Motion: Rich B., Second: Chris S. To issue a violation notice of $300.00 per day until the erosion controls are put back in place and approved by the office. Roll Call Vote: Rich-aye, Jeff-aye, Mike-aye, Chris-aye, and Mary-aye. NEW BUSINESS: Topics unknown 48 hours in advance of meeting: ===PAGE 4=== -- Bob Pease has requested permission to use existing Maki POs for volunteer work to make repairs to the bridge at Large Town Forest on Valley Road. The bridge needs to be moved back onto its base and requires some timber repairs. Bob would chain and stake the bridge to prevent movement during future flooding conditions. Since he is not a member, Bob should notify the office or the Chair of an approximate dollar amount before the PO is used. Motion: Rich B., Second: Jenny P. To allow Bob Pease to access the Maki PO for Large T own Forest bridge repairs with prior authorization from Chair or office. Roll Call Vote: Rich-aye, Jeff-aye, Mike-aye, Jenny-aye, Chris-aye, and Mary-aye. -- Bob Pease has requested that the Commission revote to authorize Mary to send a request to the planning board for the release of the 2024 GIS hours for updating trail maps. This was previously approved via vote in February/March, but the planning board did not initiate the grant. Motion: Rich B., Second: Mike L. To authorize Mary to resend an email to the planning board to request release of the 2024 GIS hours. Roll Call Vote: Rich-aye, Jeff-aye, Mike-aye, Jenny-aye, Chris-aye, and Mary-aye. -- Mary requested an update from Sophie regarding the backlog of decision documentation. She states that there is still catching up to do, but her top priority has been ensuring that current projects don’t fall behind. She sees 10 OOC decisions, about 5 DOA decisions, and about 5 COC decisions without documentation. Sophie proposed the hire of an assistant who would work 10 hours per week, 5 of which would be dedicated to minutes, and the remaining 5 hours would be allocated to other tasks. The hire was approved by the select board. OLD BUSINESS: Title Searches: no updates. Encroachment Issues: no updates. Grants: ConCom sponsored grant was awarded in 2023, Bob has been working with it and Sophie has been supporting him by helping generate POs to kick off consultant work. No update on Snow Rider grant. Hollis Road Residence Updates: Mike reported that Chris Ruth has returned from leave, but there were no updates as of 9/4/24. Committee Reports: no updates . Motion: Mike L., Second: Jenny P. To adjourn at 8:27pm. Roll Call Vote: Rich-aye, Jeff-aye, Mike-aye, Jenny-aye, Chris-aye, and Mary-aye. Respectfully submitted, ===PAGE 5=== Maddison Berthet Conservation Assistant ======================================================================================== DOCUMENT : 2024-09-18-agenda-6772.txt BOARD : conservation-commission DATE : 2024-09-18 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2024-09-18-agenda-6772.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_09182024-6772 ======================================================================================== ===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 Maddison Berthet Conservation Assistant Lunenburg Conservation Commission September 18th, 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: September 4th, 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 Richard Parsons for the removal of unhealthy trees on Hickory Hills Lake at 70 Horizon Island Rd. (OpenGov.com Record ID# RDA-24-3) 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 Robin Jacobs for the relocation of previously approved arborvitaes bushes and the replacement of a pre- existing vinyl fence located on Hickory Hills Lake at 372 Townsend Harbor rd. (OpenGov.com Record ID# RDA-24-5) CONTINUED PUBLIC HEARINGS 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 an Abbreviated Notice of Resource Area Delineation by Kevin O’Brien at 390 Howard Street (DEP 208-1304) (Continued from September 4th to October 2nd) 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 36 peninsula drive Extension Request Permits: Certificates of Compliance: 318 page st Notice of Project Change: 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-potential for issuing fines for WPA violations 48 Meadow lane Emergency Certifications: NEW BUSINESS: Topics Unknown - 48 Hrs. Advance of Meeting OpenGov.com online walkthrough 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 October 2nd, 2024, at 7:00 PM by Zoom platform ======================================================================================== DOCUMENT : 2024-09-18-minutes-6772.txt BOARD : conservation-commission DATE : 2024-09-18 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2024-09-18-minutes-6772.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_09182024-6772 ======================================================================================== ===PAGE 1=== Mary Wilson, Chair Jennifer Pewtherer, Vice Chair Richard Bursch Jeffrey Viviano Michael Larouche Chris St. Germain -V acancy- Tel: (978) 582-4146 960 Massachusetts Ave Lunenburg, MA 01462 Sophie Dorow Conservation Administrator Maddison Berthet Conservation Assistant Town of Lunenburg Conservation Commission September 18th, 2024, 7:00PM, ZOOM REMOTE Minutes Roll Call: Jenny P., Chris S., Mike L., Jeff V ., Mary W., and Sophie D. (Admin) Call to Order at 7pm by Mary W. Announcements & Public Comment- Chris Reilly is the new Planning Director for the Town of Lunenburg and will be supporting all the land use boards. Minutes of previous meetings – 9/4/24 Motion: Mike L., Second: Jenny P. To approve the minutes of 9/4/24. Roll Call Vote: Mike-aye, Chris-aye, Jeff-aye, Jenny-aye, and Mary-aye. APPOINTMENTS/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 Richard Parsons for the removal of unhealthy trees on Hickory Hills Lake at 70 Horizon Island Rd. (OpenGov.com Record ID# RDA-24-3) - Sophie screen-shared the site plan. Richard states that the three trees proposed for removal are dead and pose a danger to the house and neighboring houses. Mary, Jenny, and Mike had the opportunity to view the property, and all agreed that the trees do look dead, and Sophie’s observations concur. She recommends all three trees be cut with stumps left in place to maintain soil structure. The trees stand 58-60 feet from the bank, meaning they would not require three-to-one replacement, if anything was replanted it would need to be a very shade-tolerant species. Jenny and Mike agree with these assessments. Motion: Mike L., Second: Jenny P. To approve the removal of the three dead trees. Roll Call Vote: Mike-aye, Chris-aye, Jeff-aye, Jenny-aye, and Mary-aye. **Mary reiterates the ‘ground rules’ of these commission meetings. Comments must be limited to the jurisdictional areas of the Conservation Commission: State Wetlands Protection Law and local Municipal Bylaws and wetland protection regulation.** 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 Robin Jacobs for the relocation of previously approved arborvitaes bushes and the replacement of a preexisting vinyl fence located on Hickory Hills Lake at 372 Townsend Harbor Rd. (OpenGov.com Record ID# RDA-24-5) - Sophie screen-shared the as-built site plan with notes on proposed changes. Robin, the applicant, explains that the 10 existing arborvitaes previously planted to control rainwater runoff from the abutter’s property need to be moved as they were planted according to an incorrect assessment of property boundaries. The proposed plan places four of the bushes along the 41-foot section of the property line illustrated in the plan, the other six bushes along the 55-foot section. The applicant ===PAGE 2=== also wants to replace an existing split rail fence (currently just posts, not a full fence) along the property line meeting with the existing stone wall in the water on the 55-foot side with a vinyl fence. Mary’s main concern is the placement of the fence within the 30-foot no-touch zone for the availability of passage for wildlife. Arborvitaes will be replanted on Robin’s side of the fence along with a berm to stop runoff. Pauline, the abutter for this property, states that they will not allow removal of the four arborvitaes from their side of the property line. The Commission requests that the applicant brings an updated site plan to the October 2nd meeting that: meets building regulations for fencing per building inspector letterhead, contains accurate illustration of the 30-foot no-touch zone and 30-foot line from the high-water mark (top of the stone retaining wall), indicates fencing choice between split-rail and/or vegetation, and a planting schedule for vegetation if applicable. Motion: Chris S., Second: Jeff V . To continue 372 Townsend Harbor Rd to October 2nd. Roll Call Vote: Mike-aye, Jeff-aye, Chris-aye, Jenny-aye, and Mary-aye. CONTINUED PUBLIC HEARINGS Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Notice of Intent by 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) - No representatives present. Motion: Mike L., Second: Chris S. To continue 171 Arbor Street to a future date to be arranged with the applicant by Sophie. Roll Call Vote: Mike-aye, Jeff-aye, Chris-aye, Jenny-aye, and Mary-aye. ------- Administrative Determinations: --160 Sunset Lane – Request for tree removal. Trees 3 and 4, marked on the screen-shared diagram, are requested for removal due to their proximity to the deck structure, but the applicant is okay with leaving trees 1 and 2 intact. Matt provided a more in-depth description of his plan to revegetate the eroded area. Chris Reilly suggested the applicant consider planting Beach Plum in the sandy/silty soil. Tree removal will be completed before winter 2024 and planting will take place in spring 2025 to balance cost. Motion: Jenny P., Second: Jeff V. To approve the applicant’s updated plan. Roll Call Vote: Mike-aye, Jeff-aye, Chris-aye, Jenny-aye, and Mary-aye. -- 36 Peninsula Drive – Request for removal of three large White Pine trees which are close to the applicant’s and neighbor’s houses. The trees are very large, mature, and healthy and stand 20-25 feet from the Hickory Hills Lake resource area. Sophie states that these trees should fall under an RDA, not an Administrative Determination (meaning that the Commission would need to formally determine if the removal of the living trees would adversely affect the resource area). The applicant is encouraged to include all information surrounding replication efforts in their RDA. Certificates of Compliance: -- 318 Page Street – Sophie states that the culvert work was completed in a satisfactory manner and the vegetation was stabilized. The applicant is aware that they should remove the plastic silt fence from the woods near the site, then Sophie would approve this CoC. Motion: Mike L., Second: Chris S. To approve Certificate of Compliance contingent upon the removal of the silt fence. ===PAGE 3=== Roll Call Vote: Mike-aye, Jeff-aye, Chris-aye, Jenny-aye, and Mary-aye. -- 0 Courtland Cir. - Will be discussed at the October 2nd meeting at 7:00pm due to the informal nature of the update. ENFORCEMENTS: Violations (Enforcement Actions and Hearings): --390 Howard Street – Sophie refreshes the Commission on the property: erosion controls were put in place on the Eastern side of the parcel, but the Western side of the parcel did not have any erosion controls in place. The Commission voted during the September 4th meeting to issue a violation notice of $300.00 per day until erosion controls were implemented on the Western side of the property. The applicant communicated with Sophie about proper procedure for issuing violations and the Commission should now further discuss to be on the same page with the applicant. Kevin O’Brien states that he installed the erosion controls on the property and was not informed of the insufficiencies Sophie saw at her site visit. He requests that Sophie visits the site with him to be clear where the erosion control barriers need to be placed. Matt Marro would also like to be present to see the sediment that Sophie had reported was running off the property and see what actions he and Kevin need to take to remediate the issue with affected abutters. He emphasizes that everyone involved is interested in ensuring that the erosion control is implemented properly. Within the following two Wednesdays Sophie, Kevin, and Matt will perform a site walk to clarify erosion problem areas which must be addressed and any possible sediment escaping the property. Erosion controls must be implemented two weeks after that meeting date. The applicant is expected to update the Commission at the October 2nd meeting. **Please note that when complaints by abutters are received by the Conservation Commission, the complainant's name is expected to be kept private when addressing reported issues with property owners** -- 40 Fire Rd 12 – There was encroachment on town property (paving and storage of personal items) within the 30-foot no-touch zone which the applicant filed an NOI to rectify. The applicant was given three years to restore the town property which has since passed (July 2024). The Commission voted to escalate the demand for corrective actions, but a deadline was omitted from the direction. The corrective actions that must be taken are: a. removal of the pavement, b. loaming and seeding the area, and c. implementing a barricade (such as boulders) or signage to prevent parking in the area. The Commission can request a written or drawn plan of corrective action. Mike and Jenny state that early Fall is the best time of year to plant grass (as long as the soil is watered). Mary suggests a two-week deadline for the corrective actions to be implemented. Motion: Mike L., Second: Jenny P. To issue an enforcement order directing the property owners to complete all above orders within two weeks or face day-to-day fines of $300.00. Roll Call Vote: Mike-aye, Jeff-aye, Chris-aye, Jenny-aye, and Mary-aye. --205 Sunset Lane – Sophie is still waiting for a response from the DEP on this issue. NEW BUSINESS: Topics unknown 48 hours in advance of meeting: DPW reached out to Sophie and stated that they will start drawing down Lake Shirley on October 15th. ===PAGE 4=== -- OpenGov Portal Walkthrough – Sophie walked the Commission through using the OpenGov portal. PowerPoint notes will also be available to Commission members for future reference. OLD BUSINESS: Title Searches: No update. Encroachment Issues: -- 950 Chase Rd - No updates. -- 315 Lancaster Ave - No updates. Grants: -- Land Use - Contracts have been awarded; PO’s still need to be issued. Target is completion by Thursday 9/19/24. -- Snowrider Grant - The Conservation Commission has received permission from the MassTrails Grant Administrator to purchase an ATV to help maintain trails on Lunenburg conservation land. Once the vehicle is purchased, Lunenburg Conservation will be reimbursed. Hollis Road Residence Updates: Mike informs the viewers that the September issue of the Habitat Happenings newsletter has been released. It is accessible on the Lunenburg Community Pollinator Habitat Facebook page. He notes that he encouraged Bob Pease to add the newsletter to the trail kiosks to educate hikers and foster an increased interest and awareness in the local flower species. Mary suggests that a QR code for the newsletter could be placed in the kiosks for easy access. Committee Reports: -- OpenSpace - The OpenSpace Committee members asked if Sophie and Brian can implement a new requirement for NOI applicants in OpenGov to disclose whether their parcel is in a Chapter 61 abatement program. This will allow all parties to make informed decisions on the NOI. -- Stormwater - No updates. Chris lets Sophie know that he is available to accompany her on weekday site walks. Motion: Mike L., Second: Jenny P. To adjourn at 9:52pm. Roll Call Vote: Mike-aye, Jeff-aye, Chris-aye, Jenny-aye, and Mary-aye. Respectfully submitted, Maddison Berthet Conservation Assistant ======================================================================================== DOCUMENT : 2024-10-02-agenda-6796.txt BOARD : conservation-commission DATE : 2024-10-02 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2024-10-02-agenda-6796.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_10022024-6796 ======================================================================================== ===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 Maddison Berthet Conservation Assistant Lunenburg Conservation Commission October 2nd, 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: September 18th Appointments/Hearings – Begin at 7:00pm APPOINTMENTS Office Equipment-WPA account NEW PUBLIC HEARINGS Pursuant to MGL Ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing for a Request for Determination of Applicability by Paul J & Lois Block, represented by Matthew Proctor for the installation of a 30’L x 30”W steppingstone pathway from the dwelling to the existing dock on Hickory Hills Lake, all to be built without use of heavy equipment. The proposed work will span the 30-foot buffer zone at 451 Townsend Harbor Road (OpenGov.com Record ID# RDA-24-6). Pursuant to MGL Ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing for a Notice of Intent by Daniel Hernandez, represented by Dillis and Roy Civil Design Group, for the proposal of a garage addition, removal of vegetation and structural renovations to an existing single-family dwelling. The proposed work is within the 100ft buffer zone of bordering vegetated ===PAGE 2=== wetland and 200ft riparian zone of an intermittent stream at 48 Island Road (DEP# 208-1331) (OpenGov.com Record ID# NOI-24-1). CONTINUED PUBLIC HEARINGS Pursuant to MGL Ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on an Abbreviated Notice of Resource Area Delineation by Kevin O’Brien at 390 Howard Street (DEP# 208-1304) (Continued from September 4th to October 2nd). 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 Robin Jacobs for the relocation of previously approved arborvitaes bushes and the replacement of a pre-existing vinyl fence located on Hickory Hills Lake at 372 Townsend Harbor Road (OpenGov.com Record ID# RDA-24-5) (Continued from September 18th to October 2nd). 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 October 2nd). Administrative Determinations: Extension Request Permits: 398 Sunset Lane Certificates of Compliance: 564 Page Street Notice of Project Change: 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 Street 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 October 16th, 2024, at 7:00 PM by Zoom platform ======================================================================================== DOCUMENT : 2024-10-02-minutes-6796.txt BOARD : conservation-commission DATE : 2024-10-02 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2024-10-02-minutes-6796.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_10022024-6796 ======================================================================================== ===PAGE 1=== Mary Wilson, Chair Jennifer Pewtherer, Vice Chair Richard Bursch Jeffrey Viviano Michael Larouche Chris St. Germain -V acancy- Tel: (978) 582-4146 960 Massachusetts Ave Lunenburg, MA 01462 Sophie Dorow Conservation Administrator Maddison Berthet Conservation Assistant Town of Lunenburg Conservation Commission October 2nd, 2024, 7:00PM, ZOOM REMOTE Minutes Roll Call: Jenny P., Chris S., Mike L., Jeff V ., Mary W., and Sophie D. (Admin) Call to Order at 7pm by Mary W. Announcements & Public Comment - No comments. APPOINTMENTS/HEARINGS Office Equipment Purchasing from WP A Account – Sophie requests that the Commission approves the use of the WPA Revolving Account to purchase new equipment: a soil augur not to exceed $200.00 and boots not to exceed $90.00, totaling to $290.00. Motion: Mike L., Second: Jenny P. To approve $290.00 for office staff technical equipment. Roll Call Vote: Mike-aye, Chris-aye, Jeff-aye, Jenny-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 of Applicability by Paul J & Lois Block, represented by Matthew Proctor for the installation of a 30’L x 30”W steppingstone pathway from the dwelling to the existing dock on Hickory Hills Lake, all to be built without use of heavy equipment. The proposed work will span the 30-foot buffer zone at 451 Townsend Harbor Road (OpenGov.com Record ID# RDA-24-6). - Matt Proctor, representative to the applicants, is present as well as the applicants themselves. Mike Larouche recuses himself from participating in this application. Matt describes the pathway, which will not exceed 30 inches wide and will be made of 2” thick bluestone with regular flagging grass space between each stone leading from the back porch of the home to the existing boat dock. The project would be completed without heavy equipment and would not disturb water flow. Mary and Jenny do not have concerns about the project. Motion: Chris S., Second: Jenny P. To approve the proposed project. Roll Call Vote: Chris-aye, Jeff-aye, Jenny-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 Notice of Intent by Daniel Hernandez, represented by Dillis and Roy Civil Design Group, for the proposal of a garage addition, removal of vegetation and structural renovations to an existing single-family dwelling. The proposed work is within the 100ft buffer zone of bordering vegetated wetland and 200ft riparian zone of an intermittent stream at 48 Island Road (DEP# 208-1331) (OpenGov.com Record ID# NOI-24-1). - Greg Roy (of Dillis and Roy) is present to represent the applicant. Proposed changes: Removing deteriorated bump outs on the back wall of the dwelling and replacing them with a new bump out, removing a shed off the back wall, building an addition to the dwelling over part of the existing driveway, adding a new entryway, removing six trees with one-to-one mitigation planting, flattening the area, and constructing a retaining wall along the property line. These proposed changes occur within the 100’ buffer zone of a bordering vegetated wetland and many occur ===PAGE 2=== throughout the 100’ inner riparian zone and 50’ & 30’ buffer zones. Greg states they still need to quantify riverfront disturbance and, due to the small size of the parcel, the Rivers Act allows for up to 5,000 ft2 of disturbance in this case. Mary requests that the applicants provide an updated plan with quantified riverfront disturbance. ** At this time, the Zoom meeting was brought to a standstill by interference of obscene and vulgar material. ** All further hearings will be continued to the meeting to be held on 10/16/2024 at 7:00 pm Informally adjourned at 7:24 pm due to interference. -- Respectfully submitted, Maddison Berthet Conservation Assistant ======================================================================================== DOCUMENT : 2024-10-16-agenda-6829.txt BOARD : conservation-commission DATE : 2024-10-16 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2024-10-16-agenda-6829.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_10162024-6829 ======================================================================================== ===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 Maddison Berthet Conservation Assistant Lunenburg Conservation Commission October 16th, 2024 Public Meeting Begins at 7:00 PM REVISED Agenda ZOOM REMOTE In accordance with the requirements of the Open Meetings Law, please be advised that this meeting is being Audio/Video Recorded. The agenda lists all the topics which may be discussed at the meeting and are those reasonably anticipated by the Chair. Votes may be taken as a result of these discussions. Not all items listed may in fact be discussed and other items not listed may also be brought up for discussion to the extent permitted by Open Meeting Law. Please address all comments to the chair. This meeting of the Conservation Commission will be held by Zoom at the Link provided on this notice. Join Zoom Meeting: https://us02web.zoom.us/j/9091740347?omn=89112912716 Meeting ID: 909 174 0347 One Tap Mobile: +13052241968,,9091740347# US +13092053325,,9091740347# 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: September 18th, October 2nd 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 Notice of Intent by D & A Lunenburg, LLC for construction of a stormwater management system within the 50- and 100-foot buffer zone, but outside of the 30-foot buffer zone of a Bordering Vegetated Wetland located at Electric Avenue and Pierce Avenue (Assessor’s Map 113, Parcel 18, Lot 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 Christopher Coffin for removal of a deteriorating pressure-treated railroad tie wall with replacement by continuing an existing Graves Recon wall in its place on the shore of Lake Shirley located at 701 Reservoir Road, (OpenGov.com Record ID# NOI-24-2). 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 for a Notice of Intent by Daniel Hernandez, represented by Dillis and Roy Civil Design Group, for the proposal of a garage addition, removal of vegetation and structural renovations to an existing single-family dwelling. The proposed work is within the 100ft buffer zone of bordering vegetated wetland and 200ft riparian zone of an intermittent stream at 48 Island Road (DEP# 208-1331) (OpenGov.com Record ID# NOI-24-1). (Continued from October 2nd to October 16th). 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 September 4th to October 16th). 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 Robin Jacobs for the relocation of previously approved arborvitaes bushes and the replacement of a pre-existing vinyl fence located on Hickory Hills Lake at 372 Townsend Harbor Road (OpenGov.com Record ID# RDA- 24-5) (Continued from September 18th to October 16th). 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 October 16th). Administrative Determinations: 33 Birch Island Way Extension Request Permits: 398 Sunset Lane Certificates of Compliance: 564 Page Street 386 Sunset Lane 48 Pearl Street Notice of Project Change: 171 Arbor Street 22 Fairview Road 181 Reservoir Road 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 Street 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 November 6th, 2024, at 7:00 PM by Zoom platform ======================================================================================== DOCUMENT : 2024-10-16-minutes-6829.txt BOARD : conservation-commission DATE : 2024-10-16 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2024-10-16-minutes-6829.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_10162024-6829 ======================================================================================== ===PAGE 1=== Mary Wilson, Chair Jennifer Pewtherer, Vice Chair Richard Bursch Jeffrey Viviano Michael Larouche Chris St. Germain -V acancy- Tel: (978) 582-4146 960 Massachusetts Ave Lunenburg, MA 01462 Sophie Dorow Conservation Administrator Maddison Berthet Conservation Assistant Town of Lunenburg Conservation Commission October 16th, 2024, 7:00PM, ZOOM REMOTE Minutes Roll Call: Jenny P., Chris S., Mike L., Jeff V ., Mary W., and Sophie D. (Admin) Call to Order at 7pm by Mary W. Announcements & Public Comment – Mary lets the audience know that we have made changes to Zoom processes to help ensure “Zoom Bombing” does not occur again. Minutes of previous meetings – 9/18/24 Motion: Jenny P. Second: Chris S. To approve the minutes of 9/18/24. Roll Call Vote: Mike-aye, Chris-aye, Jeff-aye, Jenny-aye, and Mary-aye. Continuation Requests: -- 22 Fairview Road – Request to continue to November 6th, 2024, under notice of project change. ------- APPOINTMENTS/HEARINGS Pursuant to MGL Ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Notice of Intent by D & A Lunenburg, LLC for construction of a stormwater management system within the 50- and 100-foot buffer zone, but outside of the 30-foot buffer zone of a Bordering Vegetated Wetland located at Electric Avenue and Pierce Avenue (Assessor’s Map 113, Parcel 18, Lot 2). – The applicant is not present and did not notify Sophia of a change of plans. Motion: Mike L., Second: Chris S. To continue to November 6th. Roll Call Vote: Mike-aye, Chris-aye, Jeff-aye, Jenny-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 Christopher Coffin for removal of a deteriorating pressure-treated railroad tie wall with replacement by continuing an existing Graves Recon wall in its place on the shore of Lake Shirley located at 701 Reservoir Road, (OpenGov.com Record ID# NOI-24-2). - Christopher Coffin is present. Sophie shares her screen showing the site plan. Christopher states that the new section of recon wall is intended to ensure erosion does not continue and endanger the existing trees on the property. The height of the wall will be 18 inches to meet the height of the loam. Mike states that he and Jenny visited the site and the project seems straightforward and that it will preserve existing vegetation. Jenny asks the applicant to confirm that changes requested by the DEP (to state that there will be an impact on the bank) have been made and he affirms that the filing is now correct. Mary informs the applicant that the Commission will not be able to issue a decision on the project since we do not have a DEP number associated with it. Sophie requests the applicant provide dimensions for the crushed stone surrounding the blocks will be. Christopher confirms that he will add the 6” crushed stone dimension to the plan. ===PAGE 2=== Motion: Chris S., Second: Jenny P. To continue to November 6th. Roll Call Vote: Chris-aye, Jeff-aye, Jenny-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 for a Notice of Intent by Daniel Hernandez, represented by Dillis and Roy Civil Design Group, for the proposal of a garage addition, removal of vegetation and structural renovations to an existing single-family dwelling. The proposed work is within the 100ft buffer zone of bordering vegetated wetland and 200ft riparian zone of an intermittent stream at 48 Island Road (DEP# 208-1331) (OpenGov.com Record ID# NOI-24-1). (Continued from October 2nd to October 16th). - Greg Roy (of Dillis and Roy) is present to represent the applicant. Greg states that some changes have been made to the plan since the last meeting. Current proposed changes: Removing deteriorated bump outs on the back wall of the dwelling and replacing them with a new bump out, removing a shed off the back wall, building an addition to the dwelling over part of the existing driveway, adding a new entryway, removing two trees with one-to-one mitigation planting, and constructing a retaining wall between the Western property line and the dwelling to relax the current steep gradient to increase longevity of the building’s foundation. All proposed changes occur within the 100’ buffer zone of a bordering vegetated wetland and many occur throughout the 100’ inner riparian zone and some within the 50’ & 30’ buffer zones. Riverfront disturbance has been quantified to be below the 5000ft2 limit permitted for this parcel. Mary requests clarification for the reason for requesting removal of the Northmost tree and Greg informs her that the tree is close to and threatens the house. Mary disagrees with this assessment based on what she saw on the site walk. She votes that the Northmost tree be left alone as it is within the inner riparian zone and is outside the established limit of work. Greg also notes that the tree is very close to the septic system. Some discussion is had about regulations regarding whether septic systems are already accounted for in riverfront disturbance and what the tree’s location in relation to the septic system may mean for its integrity in the future. These seem to be gray areas. Mike adds that the tree is a lovely sugar maple, and the property owners could tap it in the winter. He advocates for keeping the tree in place. Sophie agrees with Mike’s comment and confirms with Greg that the tree would not be removed mechanically, and the root ball would be left intact to prevent damage to the system, but he reiterates that it is up to the Commission’s discretion. Motion: Mike L., Second: Jenny P. To approve the proposed changes with the exception that the tree outside the limit of work will not be removed. Roll Call Vote: Mike-aye, Jeff-aye, Chris-aye, Jenny-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) (Continued from September 4th to October 16th). - Kevin O’Brien is present and states that he will be meeting with Chuck Karen and Art Allen to review Chuck’s delineation. Haley wood will retrieve the flags and present them to the Commission at the next meeting. Mary asks Kevin to address previous discussion of soil erosion on the property and he states that there was no violation found at the site walk with Sophie and Chris and large rocks could be placed as sufficient erosion control. Sophie and Chris testify that they did see erosion coming from the top of the property and “snowballing” down causing sediment to enter the woods. The rocks Kevin spoke of were clarified by Chris to be placed at points to divert the water so it is not one steady flow, ensuring that the water cannot build up enough momentum to cause more damage. Jeff chimes in to ask Kevin what his plans are for the parcel. Kevin is unsure. Jeff suggests that measures such as planting and a stormwater ===PAGE 3=== management plan should be considered to stop the formation of more wetlands before Kevin decides what to do with the property. Motion: Chris S., Second: Jeff V. To continue to November 6th before which Kevin will have implemented erosion controls on the property. Roll Call Vote: Jenny recused, Mike-aye, Jeff-aye, Chris-aye, and Mary-aye. Pursuant to MGL Ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Request for Determination of Applicability by Robin Jacobs for the relocation of previously approved arborvitaes bushes and the replacement of a pre-existing vinyl fence located on Hickory Hills Lake at 372 Townsend Harbor Road (OpenGov.com Record ID# RDA-24-5) (Continued from September 18th to October 16th). - Robin Jacobs is present. Sophie screen-shares the updated plan illustrating proposed placement of new arborvitaes along alternating sections of post-and-rail fencing and high vinyl fencing. Motion: Mike L., Second: Jenny P. To approve the proposed plan. Roll Call Vote: Mike-aye, Jeff-aye, Chris-aye, Jenny-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 October 16th). - Brian Marchetti is present to represent the applicant. He explains that the filing has been on hold because the National Heritage and Endangered Species Program (NHESP) conducted a habitat assessment of the parcel and found evidence of a Blanding's turtle habitat on the lot which necessitated a new plan to be drafted for the three single-family homes. The new plan reduced the amount of buffer zone impact from about 68,000 ft2 to about 18,000 ft2 and will be limited to land grading and installation of a split-rail fence. Installation of the fence is mandated by the NHESP to provide a physical barrier to disturbance of the habitat during and after construction. The installation of this fence is to be completed before April 1st. Erosion controls will consist of straw wattles and silt fences. Motion: Jeff V., Second: Chris S. To approve the proposed plan. Roll Call Vote: Jenny recused, Mike-aye, Jeff-aye, Chris-aye, and Mary-aye. ------- Administrative Determinations: -- 33 Birch Island Way – Request for partial tree removal and limbing within the resource area of Hickory Hills Lake. Two trees have branches hanging over a garage and porch which would be limbed, five trees along the water line would be pruned, one dead pine tree would be removed, and one tree has branches hanging over a gazebo that would be pruned. Sophie would approve of the proposed plan. Motion: Mike L., Second: Jenny P. To approve the proposed plan. Roll Call Vote: Mike-aye, Jeff-aye, Chris-aye, Jenny-aye, and Mary-aye. Extension Request Permits: -- 398 Sunset Lane – The applicant has planted the area above and beyond what the Commission required, and the plants are healthy. Gary Kroll, the applicant, requested the extension because a neighbor was using a part of the property during renovations which delayed the completion of the as built. Motion: Chris S., Second: Mike L. ===PAGE 4=== To approve the extension request. Roll Call Vote: Mike-aye, Jeff-aye, Chris-aye, Jenny-aye, and Mary-aye. Certificates of Compliance: -- 564 Page Street – The applicant has made improvements to the state of the vegetation on the property. Sophie is waiting on the applicant to have an environmental scientist inspect the property and provide the report. The applicant, Shane Walker, explains the measures that have been taken to revegetate the area since purchasing the property in July. Jenny and Mike state that at the site visit they were happy to see the plants doing well and Jenny suggested that the applicant install caging to protect the blueberry bushes from deer. Sophie says she hesitates to approve the COC because of the history of saplings not doing well on the property. Mary agrees and suggests that the COC not be approved until Sophie goes back in the Spring to verify the success of the plants. Greg Roy, an engineer on the project states that rather than denying the COC, the Commission should leave the OOC open, and they will send a letter to the office to initiate a continuation of the hearing in late April. Motion: Mike L., Second: Jenny P. To take no action until further information is received from the applicant in April. Roll Call Vote: Mike-aye, Jeff-aye, Chris-aye, Jenny-aye, and Mary-aye. -- 386 Sunset Lane – The work was completed according to the approved plan and the grass is growing lusciously. Sophie would approve this COC. Motion: Chris S., Second: Jenny P. To approve the COC. Roll Call Vote: Mike-aye, Jeff-aye, Chris-aye, Jenny-aye, and Mary-aye. -- 48 Pearl Street – OOC for work on several retaining walls and plantings on the bank of a resource area. An additional retaining wall was built to address erosion issues. The applicant has been diligent with replenishing jute matting underneath mulching and they are keeping up with landscaping which Sophie thinks is sufficient. Two trees were supposed to be planted but the applicant hesitated due to heavy shade in that area. Two dogwood trees have taken root and grown instead. The additional retaining wall was not approved through the Commission and was 4 feet tall. There is some debate whether the 4’ wall is allowed without a building permit and Jeff was able to find a permit for a plan with the current structure of the walls. Sophie details the planting that has been done including the location of the dogwood and many other plantings such as junipers (a trailing species). Mary wants the applicant to come back with a revised planting plan to compensate for the refusal to plant the two trees as agreed upon in the order. Suzanne DeGeorge, the homeowner, clarifies that two large holly bushes were planted along with 50 other plantings in the area. Mary is willing to accept the other plantings as sufficient but requests documentation for the changes to the plan. Suzanne asks if the Commission would be willing to vote to approve the COC on the condition that she submit a revised plan to Sophie. Mary, Chris, and Mike would prefer to see the plan before voting. Motion: Chris S., Second: Jenny P. To continue to November 6th. Roll Call Vote: Mike-aye, Jeff-aye, Chris-aye, Jenny-aye, and Mary-aye. Notice of Project Change: -- 171 Arbor Street – Already heard. No further actions. -- 181 Reservoir Road – Brian Marchetti is present to represent the applicant. The original NOI was filed in 2020 for installation of a garage with a gravel driveway within the outer Riparian zone. Since stormwater runs onto the property from Reservoir Road, a gravel driveway would wash out, so the ===PAGE 5=== applicants request permission to use asphalt for the driveway instead. Bill Bernard issued a letter to Sophie giving his support for the change. Motion: Chris S., Second: Jenny P. To approve the request to change the cover material of the driveway to asphalt. Roll Call Vote: Mike-aye, Jeff-aye, Chris-aye, Jenny-aye, and Mary-aye. ------- ENFORCEMENTS: Violations (Enforcement Actions and Hearings): -- 10 Mass Ave – The property owners need to file for their changes to the land. Sophie will visit the property in the coming week. Mary states that if they do not file, the Commission will need to move to enforcement actions. -- 40 Fire Road 12 – The homeowners were both contacted by certified mail and email. Thomas Wu received the enforcement order. Scott Benjamin has not responded to the order. Mary suggests that Sophie obtains the advice of the Town Legal Counsel to determine how to escalate the matter and pursue fines. -- 205 Sunset Lane – Massachusetts DEP upheld everything the Commission had instructed but issued for the State WPA formalization. The Order of Conditions was not issued by the Conservation Office in a timely manner. MassDEP noted that their ruling did not overrule local regulation or bylaw. Mary instructs that the office issues an Order of Conditions and ensures that nothing in the DEP ruling is contradicted. Emergency Certifications: ------- NEW BUSINESS: Topics unknown 48 hours in advance of meeting: ------- OLD BUSINESS: Title Searches: No updates. Encroachment Issues: -- 950 Chase Rd - No updates. -- 315 Lancaster Ave - No updates. Open Space and Land Use: -- Grants Update (LCC Sponsored, 2023)- No updates. -- Grants Update (LSR Sponsored, 2022) - No updates. Hollis Road Residence Updates: Mike spoke with Chris Ruth. Nick Harrison found cabinets for the kitchen on the property at Habitat for Humanity for around $5,000 ($12,000 value). Mike requests that the funds for the cabinets and installation labor are approved through the Hawes Fund. Mary requests that the project not exceed $5,100. Motion: Mike L., Second: Jenny P. To approve the use of $5,100 from the Hawes Fund to purchase and install cabinets at the Hollis Road Residence. Roll Call Vote: Mike-aye, Jeff-aye, Chris-aye, Jenny-aye, and Mary-aye. Mary calls attention to the roof repair project to ensure that it is taken into consideration with budget usage and requests that Mike obtain a quote for the work when Chris is available in mid-November. ===PAGE 6=== Committee Reports: -- OpenSpace - No updates. -- Stormwater - No updates. ------- Communications/Public Comment: ------- Motion: Jenny P., Second: Chris S. To adjourn at 9:48pm. Roll Call Vote: Mike-aye, Jeff-aye, Chris-aye, Jenny-aye, and Mary-aye. -- Respectfully submitted, Maddison Berthet Conservation Assistant ======================================================================================== DOCUMENT : 2024-11-06-agenda-6862.txt BOARD : conservation-commission DATE : 2024-11-06 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2024-11-06-agenda-6862.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_11062024-6862 ======================================================================================== ===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 Maddison Berthet Conservation Assistant Lunenburg Conservation Commission November 6th, 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/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: October 2nd October 16th Appointments/Hearings – Begin at 7:00pm APPOINTMENTS 7:00 pm appointment: Tom Anelons has obtained funding to purchase a “SnoDog” trail groomer and is seeking permission to groom single track trails on conservation lands for winter recreation like cross-country skiing and fat-tire biking. The SnoDog is a motorized vehicle that would be used on trails that are closed to snowmobiles. NEW PUBLIC HEARINGS No 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 Notice of Intent by D & A Lunenburg, LLC for construction of a stormwater management system within the 50- and 100-foot buffer zone, but outside of the 30-foot buffer zone of a Bordering Vegetated Wetland located at Electric Avenue and Pierce Avenue (Assessor’s Map ===PAGE 2=== 113, Parcel 18, Lot 2) (DEP file# 208-1332, OpenGov.com Record ID# NOI-24-3). (Continued from October 16th to November 6th). Pursuant to MGL Ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Notice of Intent by Christopher Coffin for removal of a deteriorating pressure-treated railroad tie wall with replacement by continuing an existing Graves Recon wall in its place on the shore of Lake Shirley located at 701 Reservoir Road (DEP file # 208-1330, OpenGov.com Record ID# NOI-24-2). (Continued from October 16th to November 6th). 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 October 16th to November 6th). Administrative Determinations: Extension Request Permits: Certificates of Compliance: 564 Page Street 48 Pearl Street 393 New West Townsend rd 208-0813, 208-500 Notice of Project Change: 22 Fairview Road 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 Street 48 Meadow Lane 67 Island Road Emergency Certifications: NEW BUSINESS: Topics Unknown - 48 Hrs. Advance of Meeting Conservation Commission Topics of Discussion: OpenGov commission point person delegation 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 December 4th, 2024, at 7:00 PM by Zoom platform ======================================================================================== DOCUMENT : 2024-11-06-minutes-6862.txt BOARD : conservation-commission DATE : 2024-11-06 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2024-11-06-minutes-6862.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_11062024-6862 ======================================================================================== ===PAGE 1=== Mary Wilson, Chair Jennifer Pewtherer, Vice Chair Richard Bursch Jeffrey Viviano Michael Larouche Chris St. Germain -V acancy- Tel: (978) 582-4146 960 Massachusetts Ave Lunenburg, MA 01462 Sophie Dorow Conservation Administrator Maddison Berthet Conservation Assistant Town of Lunenburg Conservation Commission November 6th, 2024, 7:00PM, ZOOM REMOTE Minutes Roll Call: Jenny P., Chris S., Mike L., Mary W., and Sophie D. (Admin) Call to Order at 7pm by Mary W. Announcements & Public Comment – Bruce Ringwall requests a field change to relocate a garage project at 586 Reservoir Road. He expresses frustration with delays in response from the conservation office. Mary directs Bruce to reapply for a Request for Determination (RDA) to formally resolve the matter at a future meeting. Continuation Requests: N/A ------- APPOINTMENTS/HEARINGS 7:00 pm appointment: Tom Anelons has obtained funding to purchase a “SnoDog” trail groomer and is seeking permission to groom single track trails on conservation lands for winter recreation like cross-country skiing and fat-tire biking. The SnoDog is a motorized vehicle that would be used on trails that are closed to snowmobiles. The machine is quiet. It would be operated by trained volunteers. Motion: Jenny P., Second: Mike L. To approve the use of the SnoDog trail groomer on trails closed to motorized vehicles. This approval will be maintained until land use regulations are updated to allow the SnoDog. Roll Call Vote: Mike-aye, Chris-aye, Jenny-aye, and Mary-aye. No 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 Notice of Intent by D & A Lunenburg, LLC for construction of a stormwater management system within the 50- and 100-foot buffer zone, but outside of the 30-foot buffer zone of a Bordering Vegetated Wetland located at Electric Avenue and Pierce Avenue (Assessor’ s Map 113, Parcel 18, Lot 2) (DEP file# 208-1332, OpenGov.com Record ID# NOI-24-3). (Continued from October 16th to November 6th). The applicant is not present. Motion: Jenny P., Second: Jeff V . To continue to December 4th. Roll Call Vote: Mike-aye, Jeff-aye, Chris-aye, Jenny-aye, and Mary-aye. ===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 Christopher Coffin for removal of a deteriorating pressure-treated railroad tie wall with replacement by continuing an existing Graves Recon wall in its place on the shore of Lake Shirley located at 701 Reservoir Road (DEP file # 208-1330, OpenGov.com Record ID# NOI-24-2). (Continued from October 16th to November 6th). Christopher Coffin is present. Sophia screen-shares the plan for the wall. Sophia is unsure whether the applicant has submitted the newest plan to DEP, but Chris states that he has uploaded everything. There are comments on the DEP file, but Chris states that their comments have been addressed, and all details have been uploaded. Motion: Jenny P., Second: Mike L. To approve the project. Roll Call Vote: Mike-aye, Chris-aye, Jenny-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). (Continued from October 16th to November 6th). Kevin O’Brien is present. Wetland flags need to be finalized. Erosion controls have been installed in key areas. Further surveying work is underway, and a final plan is expected for review during the December 4th meeting. Sophie will conduct a site visit to verify erosion control installation; Commission members are invited to attend the site visit. Motion: Chris S., Second: Mike L. To continue to December 4th. Roll Call Vote: Mike-aye, Chris-aye, Jenny-aye, and Mary-aye. ------- Administrative Determinations: Extension Request Permits: Certificates of Compliance: -- 564 Page Street – Tim Ialeggio, the previous property owner and the applicant, is present. According to section C no. 19, subsection a of the Orders of Conditions, there is an expectation that the site be “fully stabilized” to indicate compliance. Due to insufficient stabilization of plantings, the Commission denies the COC and the applicant is advised to reapply in the spring. Motion: Jenny P., Second: Chris S. To deny the Certificate of Compliance Request. Roll Call Vote: Mike-aye, Chris-aye, Jenny-aye, and Mary-aye. -- 48 Pearl Street – Suzanne DeGeorge, the applicant, is present. Sophia screen-shares the revised planting plan provided by the applicant. Motion: Jenny P., Second: Mike L. To approve the Certificate of Compliance Request. Roll Call Vote: Mike-aye, Chris-aye, Jenny-aye, and Mary-aye. -- 393 New West Townsend Road 208-0813 and 208-500 – The retaining wall and septic system were completed according to the plan provided and all vegetation was thoroughly established. Sophie would approve both COC requests. Motion: Mike L., Second: Chris S. To approve the Certificate of Compliance Requests for 208-0813 and 208-500. Roll Call Vote: Mike-aye, Chris-aye, Jenny-aye, and Mary-aye. Notice of Project Change: ===PAGE 3=== -- 22 Fairview Road – Matt Marro is present to represent the applicant. The plan was revised according to input from an architect to address clearance and roofline issues. Dimensions were changed from 36’x30’ to 39’x32’ and the building was moved closer to the road to avoid encroaching on the 50’ buffer zone. Erosion control measures remain consistent with the original plan. Motion: Chris S., Second: Mike L. To approve the proposed changes. Roll Call Vote: Mike-aye, Chris-aye, Jenny-aye, and Mary-aye. ------- ENFORCEMENTS: Violations (Enforcement Actions and Hearings): -- 10 Mass Ave – A second violation notice will be sent. If compliance is not achieved by December 4, an enforcement order will be issued, and the property owners will incur fines of $300 per day until compliance is achieved. Motion: Mike L., Second: Jenny P. To issue a second violation notice to compel compliance. The notice will include a $300/day fine if the required permit application is not completed by December 4. Roll Call Vote: Mike-aye, Chris-aye, Jenny-aye, and Mary-aye. -- 1168 Mass Ave Rear – No updates. -- 40 Fire Road 12 – The office has received a Certified Mail return receipt from one applicant, but not another. Sophia sent a copy of the enforcement order via email and regular USPS mail to the applicant who had not yet confirmed receipt of the notification. They replied stating that loam and seed have been applied but the remaining action is unclear. They claim to have no knowledge of the enforcement order and state that there was no clear division of responsibilities between themselves and the other applicant. The remaining action is to install a permanent barrier. The applicant said “please consider this an appeal for the remaining action” which was interpreted by the Commission to mean that the applicant refuses to take responsibility for the action. Sophie has written evidence of this applicant being aware of the enforcement order. Commissioners emphasized that the appeal process has expired since no appeal was filed within the required timeframe after the issuance of the enforcement order. Failure to act is prolonging the violation and disrupting the Wetlands Protection Act's objectives. The commission plans to proceed with initiating fines, as outlined in the enforcement order. A letter will be sent to clarify the lack of valid appeal and to set a final compliance deadline with the initiation of daily fines if compliance is not achieved. Sophie will consult with Town Counsel to ensure legal procedures are followed. -- 950 Chase Road – No updates. -- 390 Howard Street – No updates. -- 48 Meadow Lane – No updates. -- 67 Island Road – Unpermitted work was done on the property. Jared and Melissa, the property owners, are present. Jared states that they replaced a patio in the footprint of an existing patio to create an improved access path for Melissa’s mother to get to the deck and he was unclear on permitting expectations before work was done. In addition to the patio, decking was added to an existing foundation for a previously damaged greenhouse. The property owner expresses his concern for the environmental impact and, after learning more about permitting expectations, agrees that these projects should have gone through the conservation filing process. Mary informs the property owners that they should complete a ===PAGE 4=== retroactive Request for Determination of Applicability (RDA) application. Sophie will be accessible throughout the application process if needed. Mary requests that the application be completed in 30 days. Emergency Certifications: ------- NEW BUSINESS: Topics unknown 48 hours in advance of meeting: Conservation Topics of Discussion: OpenGov Conservation Commission Point Person: A Commission member will be appointed the OpenGov point person who will be able to schedule Commission site walks and add photos from visits to filings. Mary nominates Jenny to be this point person, and she accepts the nomination. To appoint Jennifer Pewtherer as the Conservation Commission OpenGov Point Person. Roll Call Vote: Mike-aye, Chris-aye, Jenny-aye, and Mary-aye. ------- OLD BUSINESS: Title Searches: No updates. Encroachment Issues: -- 950 Chase Rd - No updates. -- 315 Lancaster Ave - No updates. Open Space and Land Use: -- Grants Update (LCC Sponsored, 2023) - No updates. -- Grants Update (LSR Sponsored, 2022) - Snow Riders have received the power unit. They are going through paperwork to get it registered. Mary is confident that the Snow Riders will use the ATV power unit to help increase efficiency in completing trail projects. Chris states that he would like a plaque to be made stating that trail work being done by the ATV is co- sponsored by the Snowmobile Club and Lunenburg Conservation Commission. "Work done by this vehicle is sanctioned by the conservation Committee in conjunction with the snowmobile club to keep the trails in good condition." His hope is that this plaque will reassure passersby that the ATV (an atypical vehicle to see on these trails) is supposed to be there. Hollis Road Residence Updates: • Mike states that he received a request from Linda Hilson for permission to refurbish the pollinator habitat sign at the residence. Mary and Mike are enthusiastic about this volunteer work. • Mike informs the Commission that the previously discussed cabinets were no longer available for purchase, but he is hopeful that more cabinets will come in that are in good shape. • Mike shares that he now has a copy of the resident caretaker custodian license agreement, both signed and unsigned versions. He states that the license agreement is clear and straightforward. • Mary reached out to a Select Board member who has professional expertise in property management resources. He will be speaking at the December 4th meeting to give advice on finding these resources and people to help with managing and maintaining the property. While Mike clarifies that the Lease Agreement indicates that rent income will only be used for the Hollis Road property, Mary’s advisor states that there is not a restriction on the deed stating that rent received for the Hollis Road property should only be used for maintenance of the Hollis Road property. Unless this restriction is recorded with the deed, then the funds can be used to benefit any Conservation property. ===PAGE 5=== • Mike informs the Commission of an incident that took place in the field on the Hollis Road property where a young community member had damaged the habitat and hit the cherry tree with their car. Mike has been working with the community member to fix their mistake and restore the damaged habitat. No enforcement action will be taken. The tree will be monitored to ensure it reestablishes itself by Spring Committee Reports: -- OpenSpace - No updates. -- Stormwater - No updates. ------- Communications/Public Comment: No meeting will be held on November 20th, 2024. The next meeting will be December 4th, 2024. ------- Motion: Chris S., Second: Mike L. To adjourn at 9:48 pm. Roll Call Vote: Mike-aye, Chris-aye, Jenny-aye, and Mary-aye. -- Respectfully submitted, Maddison Berthet Conservation Assistant ======================================================================================== DOCUMENT : 2024-12-04-agenda-6906.txt BOARD : conservation-commission DATE : 2024-12-04 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2024-12-04-agenda-6906.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_12042024-6906 ======================================================================================== ===PAGE 1=== Mary Wilson, Chair Jennifer Pewtherer -Vice Chair Richard Bursch Jeffrey Viviano Michael Laroche Chris St. Germain -Vacancy- Tel: (978) 582-4146 960 Massachusetts Ave Lunenburg, MA 01462 Sophia Dorow Conservation Administrator Maddison Berthet Conservation Assistant Lunenburg Conservation Commission December 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/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: October 2nd , October 16th , November 6th Appointments/Hearings – Begin at 7:00pm APPOINTMENTS 7:00 pm appointment: Michael Ray Jeffreys - Discussing future options for management of Hollis Road property. 7:15 pm appointment: Encroachment discussion (contingent upon attendance of 950 Chase Rd residents) 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 Sean Keenan and James Basile on behalf of Jillian Pauling for construction of a detached garage within the southeasterly corner of the lot. The limit of work may encroach upon the 100’ buffer zone of a bordering vegetated wetland and resource area located at 586 Reservoir Road. (OpenGov # RDA-24-7) ===PAGE 2=== Pursuant to MGL Ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a request to amend an Order of Resource Area Delineation by Christopher Anderson to remove a portion of the Resource Area Delineation from the order due to maintenance performed on a manmade detention basin located at 400 Leominster Shirley Road. CONTINUED PUBLIC HEARINGS Pursuant to MGL Ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Notice of Intent by D & A Lunenburg, LLC for construction of a stormwater management system within the 50- and 100-foot buffer zone, but outside of the 30-foot buffer zone of a Bordering Vegetated Wetland located at Electric Avenue and Pierce Avenue (Assessor’s Map 113, Parcel 18, Lot 2) (DEP file# 208-1332, OpenGov.com Record ID# NOI-24-3). (Continued from October 16th to December 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 November 6th to December 4th). Pursuant to MGL Ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing to reissue Orders of Conditions for a Notice of Intent by Greg Roy of Dillis & Roy on behalf of John & Cathy Beale for the construction of an addition to an existing dwelling, porch, deck extension, driveway, and addition of a retaining wall. Proposed changes span the 30’, 50’, and 100’ buffer zones of Hickory Hills Lake located at 12 Horizon Island Road. (DEP # 208-1253) Administrative Determinations: Extension Request Permits: Certificates of Compliance: 57 Round Road 208-1322, 208-1279 899 Flat Hill Road 197 White Street 1207-1209 Mass Ave. Notice of Project Change: 932 Flat Hill Road ENFORCEMENT: Violations, Enforcement Actions, and Hearings: 10 Mass Ave. 1168 Mass Ave Rear 40 Fire Road 12 950 Chase Road 390 Howard Street 48 Meadow Lane 67 Island Road Emergency Certifications: NEW BUSINESS: Topics Unknown - 48 Hrs. Advance of Meeting April Earth Day Events Paint Stewardship Permit Extension Act OLD BUSINESS: ConCom Meeting Calendar Update on Title Searches Encroachment Issues: 950 Chase Rd - Shed Removal 315 Lancaster Ave Open Space and Land Use: Chapter 61 OpenGov Workflow 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: ===PAGE 3=== Meeting schedule: Next meeting is December 18th, 2024, at 7:00 PM by Zoom platform ======================================================================================== DOCUMENT : 2024-12-04-minutes-6906.txt BOARD : conservation-commission DATE : 2024-12-04 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2024-12-04-minutes-6906.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_12042024-6906 ======================================================================================== ===PAGE 1=== Mary Wilson, Chair Jennifer Pewtherer, Vice Chair Richard Bursch Jeffrey Viviano Michael Larouche Chris St. Germain Peter Stella Tel: (978) 582-4146 960 Massachusetts Ave Lunenburg, MA 01462 Sophia Dorow Conservation Administrator Logan O Connell Temp Conservation Assistant Town of Lunenburg Conservation Commission December 4th, 2024, 7:00PM, ZOOM REMOTE Minutes CALL TO ORDER Roll Call: J. Pewtherer, R. Bursch, C. St Germain, M. Larouche, M. Wilson. and S. Dorow (Admin) Call to Order at 7pm by M. Wilson ANNOUNCEMENTS & PUBLIC COMMENT Motion: J. Pewtherer, approve 2024-10-02 minutes. Second: M. Larouche. Vote: M. Larouche – AYE, C. St Germain – AYE, R. Bursch – ABSTAIN, J. Pewtherer – AYE, M. Wilson – AYE Motion: J. Pewtherer, approve 2025-10-16 minutes. Second: M. Larouche. Vote: C. St Germain – AYE, M. Larouche – AYE, R. Bursch – ABSTAIN, J. Pewtherer – AYE, M. Wilson – AYE APPOINTMENTS/HEARINGS Michael-Ray Jeffreys (7PM) - Discussing options for future mgmt. of Hollis Rd property. Per M. Wilson – Mr. Jeffreys had unexpected delay, will be able to join meeting later. M. Jeffreys joined at 7:57 P .M. Hollis Rd property has existing “license agreement” with “custodian” that lives there. He discussed this agreement with Town Counsel & concluded it’s functionally a lease / the Commission is acting as a “landlord”. Concerned about meeting State Sanitary code (a landlord’s obligations to their tenants) under current agreement. Current compensation rate (i.e. rent from custodian to the Commission) is $850/mo. Monies can be used for any purpose Conservation deems appropriate. M. Jeffreys recommended the Commission: • Establish a facility stabilization / property maintenance fund within its revolving account. • Conduct a 10-year capital assessment (i.e. lifespan of boilers, service panels, building envelope, etc), estimate annual maintenance costs including overhead. ===PAGE 2=== • Create a revised lease agreement based around the following information: 1. A market analysis of the property’s worth, & the rate the Commission wants to offer it at (i.e. 80% of market, 60%, etc.) 2. A detailed list of maintenance expectations (i.e. specifics & labor-hours) 3. A prevailing wage assessment of that list (to calculate how much is “deducted” from rent) 4. A system for documenting completed work (e.g. scheduled inspections by Commission) • Contract with a handyman service to maintain Sanitary Code standards (e.g. fix kitchen, plumbing, other triggers for alternative housing responsibility). M. Jeffreys will bring a lease model at a future meeting, suggested requesting permission to coordinate a site inspection pursuant to the market analysis / capital needs assessment. Noted Commission’s legal obligation for monthly pest control at the property. Motion: R. Bursch, to appoint M. Jeffreys to assist with this project and coordinate with Town Counsel. Second: J. Pewtherer Vote: C. St Germain – AYE, M. Larouche – AYE, R. Bursche – AYE, J. Pewtherer – AYE, M. Wilson – AYE 950 Mass Ave Encroachment Discussion (7:15 PM) Property owners not available when agenda item reached. (Per S. Dorow they were informed of appointment by “snail mail” just before Thanksgiving). M. Wilson would revisit item later in meeting if they eventually joined (never did). 586 Reservoir Rd – Request for Determination of Applicability, OpenGov ID RDA-24-7. M. Wilson read the public hearing notice. Proposed project is construction of a detached garage within southeasterly corner of the lot. Limit of work may encroach upon 100’ buffer zone of a bordering vegetated wetland and resource area. Limhuot Tiv (GPR, Inc.) presented on behalf of applicant Sean Keenan. Site has existing single-family dwelling. Applicant proposing new 26’x36’ garage / storage building at corner lot. Staging, storage, work, & finished building will be outside 100’ buffer zone. One (1) tree near the building (outside of 100’ buffer zone) will be removed. J. Pewtherer questioned Commission’s jurisdiction on this since building is outside of the buffer zone. Per M. Wilson limit of work appears to be inside buffer zone. R. Bursch noted the limit of work is stated as 100.1 feet away from the wetland, opined it may be difficult for applicant to adhere to that envelope. L. Tiv agreed plan should be modified with more appropriate limit of work. R. Bursch suggested extending erosion barriers to follow the northern side of the driveway / allow it to encompass any erosion from the staging and stockpile areas; would give workers a realistic limit of work. This change would be a condition of approval / not require another hearing. Motion: J. Pewtherer, approve with negative determination with the condition that the erosion control follows the northern border of the driveway and said erosion control is the limit of work, and the applicant will update & resubmit the drawing. Second: M. Larouche ===PAGE 3=== Vote: C. St Germain – AYE, M. Larouche – AYE, R. Bursch – AYE, J. Pewtherer – AYE, M. Wilson – AYE 400 Leominster-Shirley Rd – Amend an Order of Resource Area Delineation (ORAD) M. Wilson read the public hearing notice. Request is to amend an Order of Resource Area Delineation by Christopher Anderson (Hannigan Engineering) to remove a portion of the Resource Area Delineation from the order due to maintenance performed on an on-site manmade detention basin. Bill Hannigan (Hannigan Engineering) presented on behalf of applicant PJ. Keating Company. Explained previous permitting: Commission issued an ORAD for property circa 2022. That delineation’s “D-Series” wetlands were later found to be an out-of-use man-made detention pond for PJ Keating plant operations, unknown to Hannigan at the time. While pond was active PJ Keating dug trench through property to the north for better drainage control. When flow was later cut off by building development at 475 Leominster-Shirley Rd the Commission granted an RDA request for rebuilding that detention area. R. Bursch asked B. Hannigan to clarify application intent – asking that ORAD be amended to eliminate D-Series wetlands, resolving discrepancy between that ORAD & the Commission’s previous RDA approval. S. Dorow asked where Commission’s previous approval stated this was not a wetland. B. Hannigan cited Commission’s 2022 submission Determination of Applicability / “DOA” submission to MassDEP (eDEP Transaction ID 1791901), which had box 3 (“work is within Buffer Zone but will not alter an area subject to the Act”) checked as a negative determination. M. Wilson examined a 2024-09-24 letter from MassDEP preventing further action while they appeal the Commission’s 2024-09-11 DOA. B. Hannigan noted the Commission’s vote to approve that was around March 2023--much earlier than the DOA document’s issuance in Sept 2024. The Commission decided to seek further guidance from the Massachusetts Department of Environmental Protection (MassDEP) before acting. Motion: R. Bursch, to continue to 2024-12-18 to obtain further guidance from MassDEP . Second: J. Pewtherer Vote: C. St Germain – AYE, M. Larouche – AYE, R. Bursch – AYE, J. Pewtherer – AYE, M. Wilson – AYE CONTINUED PUBLIC HEARINGS 10 Lakefront Ave / 494 Electric Ave – Notice of Intent, OpenGov ID NOI-24-3 (Continued from 2024-10-06). M. Wilson read the public hearing notice. Project is to construct a Stormwater Management System within the 50 and 100-ft buffer zone (excluding 30 ft buffer zone) of a Bordering Vegetated Wetland. Property is Assessor’s Map 113, Parcel 18, Lot 2 (adjacent to Il Forno restaurant). DEP File# 208-1332. B. Hannigan presented for applicant D&A Lunenburg, LLC. Noted parallel applications to Planning Board (see PBSA-24-4, PBSW-24-1 in OpenGov). Review of Stormwater Management System pending from Graves Engineering, Inc (GEI). Project background: applicant purchased adjacent land across Pierce Ave; plans to (1) rebuild parking lot / increase space for visitors at restaurant and (2) build a retail office building with associated parking lot on the adjacent parcel (10 Lakefront Ave). B. Hannigan noted that drainage system calculations factored in availability of building lots / was designed to accommodate future applications for 3 houses & their associated driveways. Outlined pending plan revisions for DEP comments, including depicting water quality units & treatment train, including soil maps, specifying brush conditions within the analysis, including maintenance costs of the dry detention basin in project cost estimates. ===PAGE 4=== M. Wilson asked about the impacts on brush & tree cover. Per B. Hannigan, buffer zone impacts include grading and erosion controls associated with the proposed basin. Limit of work is portion of plan shown in light green (current plan includes impacts for purpose of drainage analysis, not NOI). Offered to include overlay plan for clarity. M. Wilson asked if cleaning trash buildup (observed in existing drainage ditch along Northwest edge of parcel during site walk) was included in this filing. Per B. Hannigan – no, but could be part of project’s Order of Conditions (OOC) if approved. R. Bursch asked if construction of building & parking lots would be simultaneous. Per B. Hannigan the restaurant parking lot is applicant’s priority, but the whole site will be prepped all at once. Will clarify whether the jurisdictional basin will be constructed right away, but his experience would lead him to suggest building the basin after construction begins for the office building. Motion: M. Larouche, to continue to 2024-12-18 pending peer review and plan revisions for DEP. Second: J. Pewtherer. Vote: C. St Germain – AYE, M. Larouche – AYE, R. Bursch – AYE, J. Pewtherer – AYE, M. Wilson – AYE 390 Howard St – Abbreviated Notice of Resource Area Delineation (Continued from 2024-10-16). Project is DEP File #208-1304. M. Wilson read the public hearing notice. Applicant Kevin O’Brien requested continuance to next meeting (new materials from Haley Ward Inc not yet ready). M. Wilson observed lacking erosion controls for newly flagged wetlands at site visit. S. Dorow showed areas where water was bypassing erosion controls on satellite images. C. St Germain shared S. Dorow’s concerns, noted his overwhelm with the property / the extent of its issues. K. O’Brien discussed the location of an old, failed silt fence with S. Dorow, M. Wilson and C. St Germain. Per S. Dorow a neon flag marks the silt fence. Motion: C. St Germain, to continue to 2024-12-18. Second: R. Bursch Vote: C. St Germain – AYE, M. Larouche – AYE, R. Bursch – AYE, J. Pewtherer – AYE, M. Wilson – AYE 12 Horizon Island Rd – Reissue Order of Conditions (OOC) for NOI. (Continued from 2022-03-02). Project is DEP File #208-1253. M. Wilson read the public hearing notice. Greg Roy (Dillis & Roy) presented for applicants John & Cathy Beale. Background: an NOI (for construction of an addition to an existing dwelling, porch, deck extension, driveway, and addition of a retaining wall with changes spanning the 30 ft, 50 ft and 100 ft buffer zones of Hickory Hills Lake) was filed early 2022. Recording of its hearing (2022-03-02) is missing. Greg & applicants remember the hearing & its closing but can’t locate an OOC for the project. Commission had issues with lake-shore portion of the plan at 2022-03-02 meeting, so it was removed from the project (only work on the house was performed). The building permit was signed by previous Building Dept staff / Certificate of Occupancy has been issued. Around Oct. 2024 applicants planned to apply for an Amended OOC to reintroduce the lake-shore work & incorporate Commission’s 2022 feedback, but the OOC can’t be amended since nobody has the original copy. (Also poses future issue for issuing Certificate of Compliance). Workaround is treating tonight as a continuation of the 2022-03-02 hearing & having this OOC formally issued. ===PAGE 5=== C. St Germain found the original unsigned OOC. Commission opted to consider original unsigned OOC as valid & consider the applicant’s proposed amendment. G. Roy outlined the proposal: an existing sandy beach area bounded by retaining walls has degraded, intends to replace retaining walls with naturalized stone rock-wall. Existing wall would be removed, replacement would be 1-2 ft back from original. Will add new line of boulders in back to prevent soil migration. Existing granite steps to be replaced in-location with more naturalized & permanent steps. Net increase in floodplain storage area. M. Wilson briefly discussed tree health impacts from moving wall back. Applicant intends to preserve vegetation / root health. Per G. Roy work will mainly be done on the land side of retaining wall, expects minimal work on lake side when removing existing wall. Will fill out WPA Form 3 for resource area metrics per S. Dorow request. R. Bursch opined no work should’ve happened since original OOC was never recorded, recommended signing existing OOC & waiting until it’s recorded before acting on amendment. Applicant noted proposed work scheduled for January to use lower water level. Motion: R. Bursch, to approve the existing draft Order of Conditions. Second: J. Pewtherer Vote: C. St Germain – AYE, M. Larouche – AYE, R. Bursch – AYE, J. Pewtherer – AYE, M. Wilson – AYE Motion: R. Bursch, to continue the Amendment to the 2024-12-18 meeting. Second: C. St Germain Vote: C. St Germain – AYE, M. Larouche – AYE, R. Bursch – AYE, J. Pewtherer – AYE, M. Wilson – AYE CERTIFICATES OF COMPLIANCE 57 Round Rd (DEP 208-1322, 208-1279) Per S. Dorow – recommend rejection. Existing driveway hasn’t been removed, loamed & seeded as per approved plan. A deteriorating culvert crosses main road by the driveway. Dept. of Public Works (DPW) wants to address crumbling pavement for safety, estimated done within 1-2 weeks. Motion: R. Bursch, to deny Certificate of Compliance for 57 Round Rd until OOC and approved plan are finished / DPW work is done. Second: C. St Germain Vote: C. St Germain – AYE, M. Larouche – AYE, R. Bursch – AYE, J. Pewtherer – AYE, M. Wilson – AYE 899 Flat Hill Rd Per S. Dorow – recommend approval, deck was built to plan. Motion: M. Larouche, to approve Certificate of Compliance for 899 Flat Hill Rd. Second: R. Bursch Vote: C. St Germain – AYE, J. Pewtherer – AYE, R. Bursch – AYE, M. Larouche – AYE, M. Wilson – AYE ===PAGE 6=== 197 White St Per S. Dorow – plot is tied into larger subdivision but was built to plan. Recommended partial release and partial COC approval (only for this specific address). Motion: M. Larouche, to approve Certificate of Compliance for 197 White St specifically. Second: R. Bursch Vote: C. St Germain – AYE, M. Larouche – AYE, R. Bursch – AYE, J. Pewtherer – AYE, M. Wilson – AYE 1207 – 1209 Mass Ave Per S. Dorow – Couple of different houses put together, condo-style. Both areas of front lawn lack established sprouted hydroseed. Part of grading spilled onto top of stone retaining wall on right side (street-view). C. St Germain noted the site was just recently hydroseeded. S. Dorow confirmed a lot of hydroseed in back area is vegetated, but in front area is fresh & unsprouted. Matthew Marro presented for applicant Phil Colameta. Confirmed ~25ft section of retaining wall was added to prevent grading spilling into 50 ft zone, opined it should’ve been submitted as a de minimis change. Front hydroseeding was delayed due to DPW water main project. Opined duplex & arborvitae were built to order, noted engineer had certification letter updated to note retaining wall discrepancy. M. Wilson apprehensive about unsprouted hydroseed, but C. St Germain believes it will take. Motion: C. St Germain, to approve the Certificate of Compliance for 1207 – 1209 Mass Ave. Second: R. Bursch Vote: C. St Germain – AYE, J. Pewtherer – AYE, R. Bursch – AYE M. Larouche – AYE, M. Wilson – AYE NOTICE OF PROJECT CHANGE 932 Flat Hill Rd Bob Correa (applicant / owner of 932 Flat Hill Rd) presented. Intends to extend retaining wall 25-30 ft. & run it flat into the banking to prevent lawn degradation. Building Commissioner has already visited / inspected. Wall height to remain at existing 7 ft, plans to add a 2 ft. fence on top after. The Commission had no issues. Motion: C St. Germain, to approve project change. Second: M. Larouche Vote: C. St Germain – AYE, M. Larouche – AYE, R. Bursch – AYE, J. Pewtherer – AYE, M. Wilson – AYE ===PAGE 7=== ENFORCEMENTS 10 Mass Ave 1168 Mass Ave Rear 40 Fire Rd 12 950 Chase Rd (Out of order): Per M. Wilson property has a barn that’s fully on the Large Town Forest parcel. Current owners were not owners at the time Barn was extracted, sale included a disclosure about the encroachment issue. Issue referred for litigation, has gone to arbitration. Applicants informed Town they won’t assume responsibility for problem from 3rd party. Town must decide between litigating or having owners take responsibility. Noted Select Board Chair advised that obligating Town to litigate is their jurisdiction. M. Wilson sympathetic to owners but unwilling to let Town bear removal costs since encroachment issue was disclosed during sale. C. St Germain agreed. R. Bursch and M. Wilson the encroachment issue’s disclosure. Per M. Wilson the posting on Multing Listence Service included it. R. Bursch noted lack of proof that owners read the listing or it was sufficiently described, was uncomfortable litigating. M. Larouche noted fire dept. unwilling to burn this building. The Board briefly discussed available motions. Motion: R. Bursch, to refer matter & decision whether to litigate to Select Board. Second: C. St Germain Vote: C. St Germain – AYE, M. Larouche – AYE, R. Bursch – AYE, J. Pewtherer – AYE, M. Wilson – AYE 48 Meadow Ln 67 Island Rd (Out of order). Melissa Canavino (owner / applicant) presented. Is working on submitting RDA, has 2 out of 3 needed documents. Working to finalize site-map plan, to be submitted by end of week. Noted talking with Building Commissioner about permitting for deck. NEW BUSINESS Topics unknown 48 hours in advance of meeting: Deferred to future meeting. Conservation Topics of Discussion: Deferred to future meeting. April Earth Day Events Deferred to future meeting. Paint Stewardship Deferred to future meeting. ===PAGE 8=== Permit Extension Act Deferred to future meeting. OLD BUSINESS ConCom Meeting calendar Deferred to future meeting. Update on Title Searches Deferred to future meeting. ENCROACHMENT ISSUES 950 Chase Rd – Shed Removal Discussed above under “ENFORCEMENTS”. 315 Lancaster Ave Deferred to future meeting. OPEN SPACE AND LAND USE Chapter 61 OpenGov Workflow Deferred to future meeting. Grants Update (LCC Sponsored, 2023) Deferred to future meeting. Grants Update (LSR Sponsored, 2022) Deferred to future meeting. Conservation Land Improvement Deferred to future meeting. HOLLIS RD RESIDENCE (Out of order) M. Larouche recommended approving funds for pre-winter maintenance by Cam’s Heating, would work this out with Facilities Director Chris Ruth. Motion: M. Wilson, to approve funds not exceeding $400 for maintenance of Hollis Rd heating. Second: C St. Germain Vote: C. St Germain – AYE, M. Larouche – AYE, R. Bursch – AYE, J. Pewtherer – AYE, M. Wilson – AYE ===PAGE 9=== COMMITTEE REPORTS Open Space Committee Deferred to future meeting. Stormwater Task Force Deferred to future meeting. COMMUNICATIONS / PUBLIC COMMENT Per M. Wilson Hickory Hills Lake wants to do a Lake Report (generally 1 hour long). She proposed off-cycle meeting for only that item. Quorum necessary for certain associated votes. Per M. Wilson – lead on single candidate interested in joining Commission. ADJOURNMENT Motion: R. Bursch, to adjourn. Second: J. Pewtherer. Motion: R. Bursch, to adjourn. Second: J. Pewtherer Vote: C. St Germain – AYE, M. Larouche – AYE, R. Bursch – AYE, J. Pewtherer – AYE, M. Wilson – AYE Meeting adjourned 10:27 pm. Respectfully submitted, Logan O’Connell - Admin Asst. (Temp) ======================================================================================== DOCUMENT : 2024-12-18-agenda-6931.txt BOARD : conservation-commission DATE : 2024-12-18 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2024-12-18-agenda-6931.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_12182024-6931 ======================================================================================== ===PAGE 1=== Mary Wilson, Chair Jennifer Pewtherer -Vice Chair Richard Bursch Jeffrey Viviano Michael Laroche Chris St. Germain -Vacancy- Tel: (978) 582-4146 960 Massachusetts Ave Lunenburg, MA 01462 Sophia Dorow Conservation Administrator Maddison Berthet Conservation Assistant Lunenburg Conservation Commission December 18th, 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/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: November 6th, December 4th 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 Notice of Intent by Chris MacKenzie for septic system upgrade with related site grading at a bordering vegetated wetland located at 46 Arbor Street, (OpenGov.com Record ID# NOI-24-5). Pursuant to MGL Ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Notice of Intent by Nijal Hamberg for renovations to an existing single-family home, reconstruction of an existing deck, removal of four trees within the 50-100 foot buffer zone, and restoration/replacement of an existing 50ft2 shed within the 50-foot no-build zone of a bordering vegetated wetland located at 50 Pine Grove Road, (OpenGov.com Record ID# NOI-24-6). 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 to amend an Order of Resource Area Delineation by ===PAGE 2=== Christopher Anderson to remove a portion of the Resource Area Delineation from the order due to maintenance performed on a manmade detention basin located at 400 Leominster Shirley Road. (Continued from December 4th to December 18th) 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 D & A Lunenburg, LLC for construction of a stormwater management system within the 50- and 100-foot buffer zone, but outside of the 30-foot buffer zone of a Bordering Vegetated Wetland located at Electric Avenue and Pierce Avenue (Assessor’s Map 113, Parcel 18, Lot 2) (DEP file# 208-1332, OpenGov.com Record ID# NOI-24-3). (Continued from December 4thth to December 18th). Pursuant to MGL Ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on an Abbreviated Notice of Resource Area Delineation by Kevin O’Brien at 390 Howard Street (DEP# 208-1304). (Continued from December 4th to December 18th). Pursuant to MGL Ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing to reissue Orders of Conditions for a Notice of Intent by Greg Roy of Dillis & Roy on behalf of John & Cathy Beale for the construction of an addition to an existing dwelling, porch, deck extension, driveway, and addition of a retaining wall. Proposed changes span the 30’, 50’, and 100’ buffer zones of Hickory Hills Lake located at 12 Horizon Island Road. (DEP # 208-1253) (Continued from December 4th to December 18th) Administrative Determinations: Extension Request Permits: Certificates of Compliance: 57 Round Road 208-1322, 208-1279 Notice of Project Change: ENFORCEMENT: Violations, Enforcement Actions, and Hearings: 10 Mass Ave. 1168 Mass Ave Rear 40 Fire Road 12 950 Chase Road 390 Howard Street 48 Meadow Lane 67 Island Road 828 Lancaster Avenue Emergency Certifications: NEW BUSINESS: Topics Unknown - 48 Hrs. Advance of Meeting Conservation Budget report Paint Stewardship Permit Extension Act January Meeting Schedule: 1/8, 1/22, 1/29 OLD BUSINESS: Update on Title Searches April Earth Day Events Encroachment Issues: 950 Chase Rd - Shed Removal 315 Lancaster Ave Open Space and Land Use: Chapter 61 OpenGov Workflow 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 January 8th, 2024, at 7:00 PM by Zoom platform ======================================================================================== DOCUMENT : 2024-12-18-minutes-6931.txt BOARD : conservation-commission DATE : 2024-12-18 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/conservation-commission/2024-12-18-minutes-6931.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_12182024-6931 ======================================================================================== ===PAGE 1=== ===PAGE 2=== ===PAGE 3=== ===PAGE 4=== ===PAGE 5=== ===PAGE 6=== ===PAGE 7===