===PAGE 1=== Town of Lunenburg Conservation Commission Richard Bursch, Chair Tel: (978) 582-4146 Todd Dwyer, Vice-Chair 960 Massachusetts Ave. Bob Pease Lunenburg, MA 01462 Catie Childs Carl Luck Jack Rabbitt Matthew S. Marro, Kenneth Jones Conservation Administrator MINUTES April 1, 2020 7:00 PM In accordance with the requirements of the Open Meeting Law, please be advised that this meeting is being recorded and broadcast over the Lunenburg Public Access channel. The Town of Lunenburg, in response to the COVID-19 (Corona Virus) is currently following the guidance from the Lunenburg Board of Health, Massachusetts Department of Public Health and the CDC regarding the virus and steps communities can take to prevent the spread and all town facilities are currently closed to the public. In accordance with the Governor’s Order Suspending Certain Provisions of the Open Meeting Law, G. L. c. 30A, § 20, all public meetings are being conducted remotely. This meeting will be broadcast live through local access cable, on Facebook Live on the Public Access Facebook page (https://www.facebook.com/Lunenburg-Public-Access-Cable-157427270975305/) and will be able to be found on the Lunenburg Access YouTube channel within 24 hours after the meeting. The following information is also provided for members of the public that would like to participate in the meeting remotely: To Participate Remotely: Participants may use cell phones, tablet and computers with audio and video capabilities as they have been tested. If you have trouble accessing or have general questions you can email during the meeting to lcc@lunenburgonline.com. Emails must be signed by full name address and phone number. If you have not registered with Zoom you will be asked for your name and an e-mail address. Topic: Conservation Commission Time: Apr 1, 2020 07:00 PM Eastern Time (US and Canada) Join Zoom meeting on computer, tablet or cellphone audio and video: https://zoom.us/j/7663167607 Meeting ID: 766 316 7607 To dial in by telephone use the following dial in numbers 888 475 4499 US Toll-free 877 853 5257 US Toll-free Meeting ID: 766 316 7607 Please note there is a “raise hand” function if you wish to be recognized. For dial in calls you must press*9 to use the “hand raise” function. ===PAGE 2=== Note: No participant ID is needed, just press # when asked. Telephone users may dial *9 to request to speak after joining the meeting. Computer and app users may use the “raise hand” feature to request to speak. 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. AGENDA Call to Orde r 7:00 PM: Meeting called to order with RB presiding. All members were present. Staff present. RB read open meeting law temporary modifications ordered by the Governor in response to COVID-19 pandemic. RB outlined the remote application particulars and procedures for both telephone and the computerized participation. 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 Appointments/Hearings –commences at 7 PM Appointment: Proposed Eagle Scout Project Eagle Scout : Drew Tobin presented his proposed project which is a proposed bat house (4) at the Hollis Road pollinator habitat and will be mounted for posts. He will be fundraising on his own. KJ noted if he needed assistance to let MM know. Mr Tobin noted the reasons for posts are the result of the bats not preferring areas with branches and they tend to prefer sunlight. Based on a question by RB, bats have a diet of mosquitoes and will provide a public benefit. The may start date may be delayed due to the current pandemic issue. There was no public comment. KJ moved to approve the project CC seconded and the commission voted unanimously by roll call vote. Appointment: Hickory Hills Land Management Hickory Hills: John Fortune presented on behalf of Hickory Hills. Mr. Fortune narrated the study work by the private Consultant – ESS Group. They presented the association with a 5-year management plan. Solitude lake Management will be performing the work. ESS has recommended whole lake treatment for the fanwort. Solitude has recommended an April treatment. Concentrations of Flouridone will be maintained at 20 ppb for four applications. Glyphosate will be added for the area of American Lotus. There will also be removal of existing roots, sediments and seeds in the fall of 2020. BP asked about why the early application was necessary. Mr. Fortune noted that the early application is advantageous as catching the plants while they are younger in the growth phase is more effective. Joan Please and Paula Bertram also spoke to the prevention of growth and algae problems as an advantage. CL asked for an elaboration as to what boosters are. Mr. Fortune noted the boosters were meant to maintain level of chemical to allow for effective action Cl asked what the upper limit is. Mr Fortune noted it was 250 ppb. The levels are maintained to allow for effective kills of fanwort but not native weeds. Paula Bertram noted that Solitude will also be doing a pretreatment survey to update the data. CL asked about native species that may ===PAGE 3=== be of concern. Mr Fortune noted the diquat may kill some of the natives in small areas however the dosages are limited in scope per area of lake to allow for that side effect to be minimized. Paula Bertram noted that there is now mermaid weed in one cove that may also be killed as a part of the project. JR asked if the old harvester can still be used later in the season and if the diquat is still scheduled in late May or June and the answer was yes. Paula Bertram noted that the 5 year comprehensive plan is going to be forwarded by ESS. RB expressed concerns that the scope may be too large than was anticipated. TD noted that he was not concerned with the scope and that he feels the association has gone over and above. BP noted that he is aware of all of the outreach and education and outreach and that anyone that uses the lake is aware of what was proposed and was approved by the residents in a vote. Catie can see the argument about the size of the scope and that she feels that there was enough information generated that she felt comfortable with allowing it to go forward. CL asked RB to clarify his position. He feels that tis is a very large scope that is not normally approved without a public hearing and an amendment to the NOI. CL felt that he hasn’t had much time to review the details and there may need to be some fine tuning. CL asked what monitoring is gong ot be done and the amount of sampling and the notification process for each of the steps as they are implemented. JR indicated he in support of the plan and it should move ahead. He feels that there was 2 expert firms that were very thorough. JR indicated that an extra meeting of the residents approved of the work to be done by a large majority at a great expense to the landowners. KJ wanted to hear Mr. Fortunes response to CL’s questions, however he feels there is enough information to move on to a vote tonight. TD asked if there was going to be a downstream impact to the vegetation as far as mortality. Mr. Fortune responded that the information was sent in March. He out lined the sampling would be performed before during and after. He noted that there should be no impacts to downstream waters and plants as there would be a very low dose applied and will dilute out at the outlet of the dam. It is not expected to be a major issue. Paula Bertram outlined the informational process to the residents and emphasized that there is a time issue with the application being needed by April 30th. There were prior meeting scheduled in March and due to current circumstances the commission couldn’t act. Resident of 158 Highland Road fully supports the efforts and requested the Commission act. BP moved to approve the notification as sufficient. JR seconded. CL noted that he does support the concept and wishes not to delay it. CL requested if they could have an update in mid June. Mr Fortune stated yes he would be glad to do the update. The commission approved the motion by 6 yes and RB abstained. Appointments: Presentation on Hunting regulation in Massachusetts by EPO David Wright, Mass Environmental Police. Unable to attend Appointments :Neil Gorman informal discussion concerning potential construction at 238 Fire Road 16 – unable to attend Appointments :72 Hemlock- request for a field change ( Continued) unable to attend ===PAGE 4=== Notice: All hearings previously advertised will be re-advertised for the April 15, 2020 meeting as the prior posted legal advertisements had a physical address. The April 15, 2020 meeting will be remote participation with a provided “zoom link” for that date ENFORCEMENT Violations (Enforcement Actions and Administrative Hearings). 1. EO-164 Page Street – Continued actions – to be removed by May 2020 2. EO- Emerald Place Beach- update (to be made in the spring of 2020) – BP had submitted a picture and saw the site and noted no sign of erosion. The picture was taken 3 days ago. CL asked if BP looked further down the beach area. BP noted the whole beach was flat. TD moved to close out the EO. KJ seconded and the commission voted nanimusly n the motion. 3. EO- Town of Lunenburg Fire Road 12 ENF 2019 Updates( If any) 4. EO- 179/183 Island Road- MM recommended the progress as-built and a remedial plan within 30 days. JR would want to see the remedial plantings be done as soon as practicable. He was not adverse to pulling back the material now. MM recommended that we should have a firm deadline within 30 days for a notice of intent and engineering plan. CL noted that he was wondering how an engineer can quantify the work within the water. TD noted that there was grading specifically in the lake bed and that there is a need for the engineered plan. He asked that the pandemic contingency be taken not account. JR asked of MM could list the violations. Paula Bertram urged the commission that while she could understand the issues surrounding the pandemic however the violation is egregious and that the commission shouldn’t wait. Joan Pease also expressed the same concerns as Mrs. Bertram elaborating that there is still a concern for erosion and wash down of the fill in the bottom of the lake. RB proposed that the applicant be contacted that we are requesting an as built be produced as soon as possible with a quantification of allowed activities and violations. The applicant is to be advised to have the documents ready for the 15th of April. There will be an administrative hearing. RB noted that erosion protection should be placed. New Business - Site Walk for Gilchrest Street Property for trail access – MM and BP will walk the area with Kevin Hill. BP noted and showed photos of a violation at 9 Valley Road. MM to check out Chapter 61 A release requests- 57 and 63 Cross Road, 322 Flatt Hill Road, 563 Mass Ave, Tract “A” Corner of Northfield and Holman Streets The Commission released all requested for 61 A releases by individual motions on each lot of KJ and a second by CC with unanimous roll call votes to approve the motions. Open Space parcels (non conservation) discussion ( if any update) Revisions of Land Use Policy – BP spoke to the a discussion he had with Adam Costa relative to a previous Board of Selectmen meeting where they were close to approving a hunting request. MM clarified the requests are not for hunting but for permission to discharge firearms only. They both will be meeting with Adam Costa for further clarification. Old Business – Update on trails grant – status of contracts Land acquisition proposal , Saliba , Northfield Road ( # 994)- updates ( If any) Open meeting law resolution ( conclusion ) MM noted that there was only one form awaiting and the remaining have been submitted to the AG’s office ===PAGE 5=== Certificates of Compliance – Extension Permit –121 Peninsula Drive, Lunenburg Water District, Mass Ave 1 The commission approved 121 Peninsula for 3 years by a motion of CC and a second by KJ. The Commission approved a 1 year extension for the water district order of conditions by a motion of CC and a second by KJ Both motions were unanimously approved by roll call voted Minutes of previous meetings - review of February 19, 2020 minutes – Minutes approved by a motion of BP and a second by CL with a unanimous roll call vote to approve the motion. Committee Reports – Any Updates Agents Report /Action Items :  Administrator’s determination 329 Sunset Lane – removal of one double stemmed oak- no stumping or stump grinding. MM outlined that he had issued an emergency certification and will update the commission with pictures at a later time  Open space and land and Trail use issues and strategies  Hickory Hills general updates  LSIC receipt of annual report  Update on hunting Signage  Communications / public comment/ Adjourn  Meeting Schedule- Next meeting is April 15, 2020 at 7 PM The meeting adjourned at 10:05 PM by a motion of KJ and a second by TD with a numinous vote to approve