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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
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===OCR macOS Vision===
===PAGE 1===
Mary Wilson
Richard Bursch
Michael Larouche
Jeffrey Viviano
Chris St Germain
Peter Stella
Vacancy
TOWN OF LUNENBURG
Lunenburg Conservation Commission
Chair
Vice Chair
Clerk
Member
Member
Member
Member
MASS +
Tel: (978) 582-4146
960 Massachusetts Ave
Lunenburg, MA 01462
Herlin Jaime - Interim Consv. Admin
Logan O'Connell - Temp Admin Asst.
MINUTES
Wednesday, 2024-12-18 - 7:00 P.M. | Zoom (Remote)
CALL TO ORDER
Present: J. Pewtherer, M. Larouche, C. St Germain, M. Wilson
Absent: R. Bursch, J. Viviano
ANNOUNCEMENTS & PUBLIC COMMENT
Per M. Wilson - special meeting schedule in January: 01-08, 01-22, 01-29.
C. St Germain outlined non-profit PaintCare's "paint stewardship program" for oil & latex-based paints. This
program is funded by a small point-of-sale fee to consumers. Services include collection sites, transport for re-
use processing, & public education materials on proper paint management.
Opponents include the Retail Association of MA, National Federation of Independent Business, Northern Retail
Lumber Dealers' Association. General fear of decreased profitability or expansion of "recovery fees / takeback
programs" into other products.
Proponents include 31% of MA municipalities, MassDEP, Mass. Municipal Association. C. St Germain in favor of
program.
No public comment.
APPOINTMENTS/HEARINGS
48 Arbor St - Notice of Intent, OpenGov ID NOI-24-5
Dan Proctor (W.R. Proctor Inc) and Greg Roy (Dillis & Roy) presented for applicant Chris MacKenzie. Failed Title
V cesspool existing on property. New gravity septic system is planned 57 ft from edge of wetlands (within 100
ft buffer zone). Plan includes erosion controls & straw wattle.
M. Wilson noted DEP questions about the wetlands' delineation. Per G. Roy a wetlands delineation report was
filed with the office.
S. Dorow noted wetland buffer vegetation (possibly including saplings) was slashed up to the flag lines on the
steeper side. M. Wilson noted possibility of requiring delineation of the 30 ft buffer zone to ensure clarity to
any property buyers. D. Proctor amenable.
R. Bursch asked about alternate locations for the septic system. D. Proctor confirmed the proposed location
was best due to grading, soils & system type.
===PAGE 2===
Motion:
Second:
Vote:
C. St Germain, to approve with the special conditions that a silt fence be added to the straw
wattle & placards get placed every 20-25 ft along the 30 ft buffer zone.
J. Pewtherer
C. St Germain - AYE, M. Larouche - AYE, J. Pewtherer - AYE,
M. Wilson - AYE
50 Pine Grove Rd - Notice of Intent, OpenGov ID NOI-24-6
G. Roy presented for applicant Nijal Hamberg. Renovations to an existing single-family home, reconstruction of
an existing deck, removal of 4 trees within 50-100 ft buffer zone, restoration / replacement of 50 sqft shed
within 50-ft no-build zone of a bordering vegetated wetland.
Pre-existing 12'x36' deck fell off the house in July. Existing leaching field has passed Title V inspection, not
intended for replacement. Existing shed structure straddles 30 ft no-disturb zone. Asking to:
1. Rebuild deck in pre-existing location
2. Remove 4 trees within 5 ft of leaching field to prevent root-system issues.
(M. Wilson noted one tree possibly not shown on plan).
3. Improve ground-surface around leaching field (i.e. smooth out to lawn condition), incl upgrading an
existing stone wall at the 30 ft no-disturb line with wattles & silt fence.
4. Rebuild existing shed in its current footprint.
G. Roy & M. Wilson discussed plan specifics. Will check with client about rebuilding shed outside of the 50 ft
zone / closer to the deck & revise plans to include stairs to deck. S. Dorow noted steepness of grade / risk of
seed washing down the gradient after clearing. G. Roy confirmed area will be reinforced with jute netting.
G. Roy confirmed existing root mass in leaching fields would remain (trees would be cut & grinded below grade
to prevent future growth). Replacement not planned due to leaching field proximity.
Motion:
C. St Germain, to continue to 2025-01-08 at 7:00 P.M.
Second:
J. Pewtherer
Vote:
M. Larouche - AYE, C St. Germain - AYE, J. Pewtherer - AYE, M. Wilson - AYE
CONTINUED PUBLIC HEARINGS
390 Howard St - ANRAD, DEP #208-1304 (Cont. from 2024-12-04)
(Out of order) Continued per prior request.
Motion:
R. Bursch, to continue to 2025-01-08 at 7:00 P.M..
Second:
C. St Germain
Vote:
J. Pewtherer - AYE, M. Larouche - AYE, C. St Germain - AYE,
M. Wilson - AYE
400 Leominster-Shirley Rd - Amend an Order of Resource Area Delineation (ORAD)
(Out of order)
Bill Hannigan (Hannigan Engineering) presented for applicant Jack Brennan. DEP issued letter on 09-24.
Chronology of events shows two filings:
1. Hannigan Eng applied for ANRAD (Wetland Delineation) on behalf of JMC, LLC. (Oct 2022).
===PAGE 3===
2. Separately, PJ Keating's filed Request for Determination of Applicability (RDA) for an existing drainage
basin (2023). Hannigan Engineering wasn't part of this application. Commission issued negative
determination March 2023, work was recently completed there by PJ Keating.
Amendment purpose is to ensure Resource Area Delineation for Hannigan's upcoming work reflects the
completion of PJ Keating's own nearby work.
The final determination from PJ Keating's RDA was missing around Sept 2024. When a copy was made & used
as part of later application materials, DEP interpreted as a separate filing. Original determination was recently
found. Bill actively coordinating with DEP and PJ Keating to resolve this, asked Commission to retract duplicate
Sept 2024 filing with DEP / confirm the original approval with them.
Motion:
Second:
Vote:
C. St Germain, for S. Dorow to send original DOA and timeline clarification to DEP.
M. Larouche
M. Larouche - AYE, C. St Germain - AYE, J. Pewtherer - AYE, M. Wilson - AYE
Motion:
Second:
Vote:
J. Pewtherer, to continue to 2025-01-08 at 7:00 P.M.
C. St Germain
M. Larouche - AYE, C. St Germain - AYE, J. Pewtherer - AYE, M. Wilson - AYE
494 Electric Ave / Pierce Ave - Notice of Intent. DEP# 208-1332, OpenGov ID# NOI-24-3
Bill Hannigan (Hannigan Engineering) presented for applicant D&A Lunenburg, LLC.
Continued from last meeting pending Planning Board's peer review from Graves Engineering (potential
answers to some DEP comments). Review was received & had no issues with Stormwater Management, two
minor comments on labeling similar to DEP comments. Will revise plans & issue comment responses before
next meeting. Operation & Maintenance plan included within the Drainage Analysis document.
Vote:
M. Larouche, to continue to 2025-01-08 at 7:00 P.M.
Second: C. St Germain
Vote:
J. Pewtherer - AYE,
C. St Germain - AYE, M. Larouche - AYE, M. Wilson - AYE
12 Horizon Island Rd - Amend Order of Conditions (OC) for NOI (DEP# 208-1253)
Greg Roy (Dillis & Roy) presented for applicants John & Cathy Beale.
Now that the "missing" OOC was re-issued' & recorded at Registry of Deeds, this amendment can be
requested. Meant to allow for repairs / improvements to existing retaining wall by the lake. Planned
improvements would increase floodplain storage in the area. Updated WPA Form 3 reflecting this was
provided.
M. Wilson confirmed with J. Beale that work would be completed during lake draw-down (January) &
discussed corrective action for sand that washed over existing wall.
Motion:
M. Larouche, to approve amendment on the condition that (1) work is completed during lake
draw-down and (2) sand currently on the lakebed is brought back to the shore.
Second:
C. St Germain
Vote:
J. Pewtherer - AYE,
C. St Germain - AYE, M. Larouche - AYE, M. Wilson - AYE
1 See 2024-12-04 minutes.
===PAGE 4===
CERTIFICATES OF COMPLIANCE
57 Round Rd (DEP# 208-1279, OpenGov ID# COC-24-20) (cont. from 12-04)
Discussed & denied on 12-04. Dept of Public Works doing work on deteriorating culvert / crumbling pavement
nearby. Per S. Dorow - DPW doesn't advise removing all of the pavement & plans to temporarily replace small
section with gravel, then asphalt it in the spring. S. Dorow recommended applicant submit revised plan if they
don't plan on restoring area.
M. Wilson discussed procedure for Certificates of Compliance & recommended citing DPW's feedback.
S. Dorow is attempting to get more details from the DPW on their plan.
Motion:
M. Larouche, to deny Certificate of Compliance.
Second:
J. Pewtherer
Vote:
C. St Germain - AYE, M. Larouche - AYE,
J. Pewtherer - AYE, M. Wilson - AYE
ENFORCEMENTS
10 Mass Ave
S. Dorow sent out fine notice, got return receipt. 21-day deadline for payment and next action (i.e. attending
meeting) begins. Desired outcome is filing NOI with Commission and DEP. Erosion controls still in place.
828 Lancaster Ave
G. Roy presented for Dominic Arsenault / Wachusett Investments. Property was in disrepair & restoration work
accidentally entered buffer zone. D&R will submit a retroactive NOI for that work. Applicant installed a
complete perimeter erosion control barrier (stake-down straw wattles & silt fence). Plan will show areas
disturbed & the plans for restoration. None occurred within 30 ft no-disturb zone, no structures created within
50 ft no-build zone.
S. Dorow reviewed photos from site visit for Commission. Fill was pre-existing on the site. D. Arsenault
apologized & emphasized intent to fix violation.
40 Fire Rd #12
S. Dorow had discussed possible alternative to fines (installing barricades or signage distinguishing the
property from town-owned property) with J. Pewtherer.
M. Wilson recently visited site. Some debris (wood, pavers, grass clippings) were still present on town
property, opined this was out of compliance with the Order of Conditions. J. Pewtherer agreed & asked if it
would be a police matter (i.e. dumping on town land). M. Wilson recommended coordinating with Land Use
Director Chris Reilly & examining all options to avoid litigation. Briefly discussed signage or physical barriers to
prevent unauthorized parking, unsure who would enforce that since Commission's jurisdiction is limited to
enforcing the Wetlands Protection Act.
1168 Mass Ave
S. Dorow previously sent letter to owners requesting they attend tonight. Hasn't received permission from
owners to visit site, isn't visible from street.
950 Chase Rd
Per M. Wilson this is pending Select Board action.
===PAGE 5===
67 Island Rd
Per S. Dorow applicants recently filed, violation will be removed next meeting.
NEW BUSINESS
Farmland of Local Importance (Topics Unknown within 48h)
M. Wilson noted correspondence with Albert Averill (American Farmland Trust) on free opportunity to
increase amount of farmland eligible for federal preservation funding by designating certain soil types as
"farmland of local importance". Signatory from municipality is required, has generally been Conservation
Commissions or Agricultural Commissions. M. Wilson will follow up & then have formal vote.
Conservation Budget Report
M. Wilson has asked office to upload budget report monthly for Commission's access by the 15th.
Paint Stewardship
(Out of order): C. St Germain noted the Commission had to make a recommendation to the Select Board on
whether to adopt the previously-discussed program.
Permit Extension Act
Per S. Dorow - all permits (excluding enforcements) were recently granted a 2-year extension by the state.
M. Wilson asked whether the OOC for 40 Fire Rd 12 would receive this extension / whether the extension
applied to DOAs or OOCs issued as a corrective action to a violation. S. Dorow will seek clarification.
OLD BUSINESS
ENCROACHMENT ISSUES
315 Lancaster Ave
Deferred to future meeting.
OPEN SPACE AND LAND USE
Grants Update (LCC Sponsored, award year 2023)
Greg Roy (Dillis & Roy) presented for applicant Lunenburg Conservation Commission. The Commission has
retained Dillis & Roy to implement improvements (e.g. parking) funded by four state grants across three
conservation areas:
• Table Rock (994 Northfield Rd Rear)
• Rayno (801 Northfield Rd)
• Cowdrey (1625 Mass Ave)
G. Roy outlined progress with Table Rock. D&R verified a previous wetlands delineation, refreshed the flags, &
located all significant trees in the area. Planned driveway is 12' wide & includes a wetland crossing to avoid
2 See 2024-12-04 minutes.
===PAGE 6===
large existing boulders, resulting in 100 - 200 sqft increased wetlands fill. Project is subject to DEP Stormwater
Management policy. Parking area planned for 10 spaces. Proposed wetlands replication ratio is 1.5.
M. Wilson will provide signatures on behalf of Commission.
M. Wilson and G. Roy discussed scope-of-work for the Cowdrey project. The Commission's original Request for
Procurement (RFP) didn't include wetlands delineation or lot line staking. D&R noticed the wetlands weren't
delineated during survey preparations & asked Bob Pease for input. He asked for cost estimates on both items.
Motion:
M. Larouche, to authorize an additional $5,500 from the Timber Rights Fund to be used
for delineation and lot-line staking associated with the Cowdrey-Harley "Recreational Trails
Program" 2023 Grant.
Second:
C. St Germain
Vote:
J. Pewtherer - AYE, C. St Germain - AYE, M. Larouche - AYE, M. Wilson - AYE
Grants Update (LSR Sponsored, award year 2022)
Conservation Land Improvement
Chapter 61 Workflow
M. Wilson had asked S. Dorow if OpenGov could make Chapter 61 items more visible in the workflow. No
progress has been made but may be up and running within the next few months. This came out of the Open
Space Planning meetings. If property comes out of Chapter 61, the Town has the first right of refusal for 120
days. Current systems do not make it clear that a parcel is coming out of Chapter 61. Examples: Kilburn Street
and 255 Sunny Hill.
HOLLIS RD RESIDENCE
Heat system cleaning scheduled for Jan 27.
COMMITTEE REPORTS
Open Space Committee: None
Stormwater Task Force: None. No meetings scheduled in January.
COMMUNICATIONS / PUBLIC COMMENT
ADJOURNMENT
Meeting adjourned 9:46 pm.
Respectfully submitted,
Logan O'Connell, completed by Michael Gale - Admin Asst.
===PAGE 7===
DOCUMENTS REFERENCED
2024-12-16 494 Electric Avenue Site Plan Review - Graves Engineering, Inc
2024-12-11
Notice of Intent Site Plan (Preliminary) - Dillis & Roy Civil Design Group, Inc
2024-11-26 Increasing eligibility for farmland preservation by recognizing Farmland of Local Importance -
USDA Natural Resources Conservation Service (NRCS)