===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 May 6, 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 containing questions or comments that are to be read aloud at the meeting must be signed with full name address and phone number. Topic: Conservation Commission Topic: Conservation Commission Meeting Time: May 6, 2020 07:00 PM Eastern Time (US and Canada) To Join Zoom Meeting on a tablet, computer or cell phone: https://us02web.zoom.us/j/86501913195 Meeting ID: 865 0191 3195 Dial by your location on telephone: 888 475 4499 US Toll-free 877 853 5257 US Toll-free - Meeting ID: 865 0191 3195 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. ===PAGE 2=== 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 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 Appointments/Hearings –commences at 7 PM all members present- meeting called to Order by Chairman Bursch there was no public comments Appointments: 1. Mark Bursch Proposed work on 150 Cross Road RB recused himself. Mark Bursch noted where the work was proposed. TD noted that a new RDA would be appropriate. There will be no work within the 50 foot buffer zone. RB noted that he agreed with TD. CL requested that there were three trees that were substantial and requested that they be indicated on the sketch. Mark Bursch noted he would work on the filing with MM. 2. 72 Hemlock – map with tree plantings No plans had been presented and it was moved to the next meeting 3. E-Cert DPW Culvert at Chase Road at DPW facility at 520 Chase Road. Brian Marchetti and Jack Rodriquenz was present. Brian presented pictures and a drawing. He narrated the details of the pictures to show the current conditions of the site. Brian outlined the stream crossing standards and noted the actual standards would be about a 12-foot-wide culvert. He designed a culvert that accomplishes the 1.2 times bankful width featuring a 13-foot-wide culvert and showed details of such. The bottom of the exiting culvert would be left in place to continue to act as the bottom. He outlined how the required wildlife crossing would be inc orporated into the design. He outlined erosion protection that would be utilized during the installation and how it would work. RB asked how far upstream would have to be disturbed. He asked how long it would take to complete construction. Mr. Rodriquez could not estimate an exact time but would start immediately upon arrival and that he would do one half of the culvert at a time to allow for continued access. Mr Marchetti explained how the culver comes in sections and how the sections can be installed one section at a time. CL noted the plans looked good. He had presented pictures he had taken of the inside of the culvert and that a portion of the bottom was missing a nd asked if the missing part would affect the use of the culvert in the plans. Mr. Marchetti noted that the remaining could be pulled if necessary, leaving the bottom exposed and would work effectively. CL reviewed the pictures he took of the culvert top and felt there was time. Mr. Rodriquez explained that the culvert needs to be replaced right away. CL asked about the timing of the plan on filing for the Notice. MM explained the work would need to be complete within 30 days under the emergency certification and that it could be added to the Notice of Intent. CL noted we may wish to consider having a separate Notice of Intent. RB asked for a narrative for remediating the stream bed. TD expressed a concern of what precipitated the failure of the cover. He noted that as the bottom is now gone the material moving would result in a moving and shifting of the structure and the open bottom would not have that issue. He wanted to note how he could prevent future scouring with an open bottom. Mr. Marchetti noted that the depth of the footing needed be re- examined and adjusted if the current culvert bottom was to be removed. BP noted that the open shelf could be used as a wildlife culvert and what would now happen if the culvert bottom was now open bottom. Mr. Marchetti noted that even with the bottom modified the width would prove the openness to allow the wildlife corridor to be maintained. KJ noted ids 30 days enough? Mr. Marchetti could not provide a definite answer. RB requested the 1.2 ration should be maintained regardless of the bottom and if it could not, they should reconvene to address it. There was no public comment. A motion to approve the emergency certification was made with potential modifications to the bottom was made by TD with as second by KJ a roll call unanimous vote approved the emergency certification. 4. LSIC annual meeting with the commission Wendy Gendron, Dominic Merengolo and Joanna Bilotta were present to address the conservation commission. Dominic presented the year end data. He spoke about the treatments over the course of last year and the weeds targeted. He noted that there was a total of 70 acres treated and there was no algae treatments necessary. There was a post treatment survey in September. CL asked about the future potential of fanwort and the use of clipper. He noted the report called for mid-July for the timing and asked about the difference in the mechanism for delivery. Dominic noted that sonar kills the entire body and roots of the plant. Clipper would only kill the foliage and a small amount of the root ball. Clipper is more economical. Ms Gendron noted there was a maintained habitat with the current aquatic plant makeup. She noted to control growth both drawdown and chemical treatment should be effective to control growth. She reviewed 16 years of data. She examined trends over times and the different methodologies used by different ===PAGE 3=== consultants used. She noted the drop in clarity in 2005 and 2006. She compared areas of depth less than 6 feet (drawdown effected areas) and other deeper areas. She compared the differences in methodologies between Geo Syntec and Solitude in calculating biomass and density. She did note that there was no pre- drawdown data to compare with. She did note that its former use as a reservoir which may have affecte d the shoreline due to repeated drawdown by nature of the reservoir. She explained the makeup of the species diversity and richness and the statistical methodologies utilized. The natural variabilities of the species makeup was also explained. She did note a higher diversity in the drawdo wn zone likely due to the presence of seed producing plants. IT was noted that while the treatments were successful in the removal of Eurasian milfoil, there was also an impact of Robbins pond weed and coontail. She recommended the survey of the 66 points should continue to be analyzed. She recommended that areas of robbins pond weed be avoided for treatment. Coontail would recover more quickly. JR reviewed the statistical data with Ms. Gendron. CL reviewed the history of the drawdown of a period of 2002 to 2006. He did note that there was no drawdown the year before and a smaller drawdown last year and those data points would be int eresting to show. CL inquired as to the depths used for analysis drawdown verses no drawdown. She had used an average of 6 feet. RB asked about the pretreatment survey. Dominic indicated that he would be able to have the survey ready for the June 17 meeting. The LCC highlighted the need to have the survey data in advance of the review/meeting. CONTINUED FROM PREVIOUS MEETING :: Pursuant to MGL ch 131, s 40 and Lunenburg Wetlands Bylaw and regulations as listed in chapter 239, Doug Acker has filed a Request for a determination for the removal of trees without stumping within the 100 foot buffer zone at 11 Willow Circle.Application and supporting documents are available for review at the Conservation Commission office by calling 978-582-4147 ext 431 by appointment. Emailing a PDF is also an option on request by emailing lcc@lunenburgonline.com . Doug Aker was present to represent himself. He recapped the proposal that was outlined at the April 15, 2020 meeting. MM noted that the trees were marked and the site inspection resulted in 5 trees remaining. BP noted he has no issue. CL also indicated support for the proposal. TD moved for a negative determination. KJ second and the commission voted unanimously. CONTINUED FROM PREVIOUS MEETING: Pursuant to MGL ch 131, s 40 and Section 239 of Lunenburg General By -law ( Wetland Bylaw) DPW has filed a Notice of Intent for the replacement of Culverts at Sunset Lane and Northfield Road. Application and supporting documents are available for review at the Conservation Commission office by calling 978-582-4147 ext 431 by appointment. Emailing a PDF is also an option on request by emailing lcc@lunenburgonline.com. MM noted he had not received a response to his request for calculations. The meeting was continued by a motion of TD and second by JR until May 20 CONTINUED FROM PREVIOUS MEETING Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public meeting on a Notice of Intent by Nanci Bell for the replacement of an existing retaining wall at 51 Fire Road 19. Application and supporting documents are available for review at the Conservation Commission office by calling 978-582-4147 ext 431 by appointment. Emailing a PDF is also an option on request by emailing . MM noted that the final part of the data was the dimension of the work to the house. KJ made a motion for approval with work to commence at drawdown with the addition of erosion protection placed prior to the wall construction. BB seconded and the commission voted unanimously to approve the motion. lcc@lunenburgonline.com. ENFORCEMENT Violations (Enforcement Actions and Administrative Hearings). 1. EO- 179/183 Island Road- continued discussion and administrative hearing Seth Donahue and Joe O’BRien. Seth Donahue outlined the as-built he outlined the propose re-planting and the restoration notes concerning construction phasing, monitoring and erosion protection. RB asked that the wetland line that was drawn and asked about maximum height, Seth noted that the dam was close to maximum height. JR noted that the boards were not totally in and reached maximum capacity until last week. JR noted that the measurement point is critical. RB examined a grade change between the high-water mark now and if the grading was presented. Seth indicated that there was no measurement within the water area. RB noted that there was still 2 six inches boards not placed in yet and there is now a 12 inch difference. And he would want to see the edge of the lake re-surveyed. He feels the shoreline has been altered. He feels that as a result the location of the 50 foot no build zone and 30 foot no disturbance zone and now the wall is 44 feet from where the water was at the time, ===PAGE 4=== they did the measurement. The moving of the wall back should be considered. He also noted that switch grass could be removed, and lady fern added instead. MM recommended that he feels sweet pepperbush should be removed. Seth indicated that he feels the wall location was in compliance with the issued order and the new zone location is not his clients fault. JR noted a new property line, that dock is too long and there was an added second dock. TD applicant was aware of his own work and asked MM about restoration of the shoreline. It was noted it would have to be during drawdown. The Commission continued this matter to the next meeting to allow the owners representative to overlay the survey plan on the 2019 Ortho Photo to allow for better interpretation of predevelopment versus current conditions. EO-164 Page Street – Continued actions – MM noted that he has sent a certified mail for an administrative hearing 2. EO- Town of Lunenburg Fire Road 12 ENF 2019 Updates( If any) 3. Notice of Non – 232 Burrage Street - owner is currently completing survey and will file with the commission. 4. Notice of Non- 400 Electric Ave applicant is working on the RDA form – RB noted that the siltation covering on the basin needs to be removed. 5. Notice of Non - 932 Flatt Hill Road _ RDA in process 6. Notice of Non- 9 Valley Road MM recommended a fine by the next meeting if there was no response. 7. Notice of Non- 615 Townsend Street Site visit will be scheduled 8. Notice of Non – 1275 Mass Ave – Owner is working on the filing the RDA 9. Notice of Non – 7 Willow Circle – RDA in process by Mark Bursch New Business - Open Space parcels (non conservation) discussion ( if any update) Old Business – Update on trails grant – status of contracts Certificates of Compliance – 675 Reservoir Road, Paul Goguen No action: Awaiting submittal of “As Built” plan. Extension Permit – Minutes of previous meetings - review of April 1 and 15, 2020 minutes -No action was taken on the minutes at this time Committee Reports – Any Updates Administrator’s Reports/action items: Open space and land and Trail use issues and strategies Hickory Hills update Agents Determinations- 175 Peninsula Drive and 50 Sunset Lane 175 Peninsula Drive was examined for the removal of one small caliper multi stemmed tree not on the shoreline. Photos illustrated the tree was dead due to insect invasions making the tree no longer viable. The Determination was approved by a motion of KJ and a second by BP and a unanimous vote to approve the motion. 50 sunset Lane- CL recused- MM noted the determination was for the planting of 2 Hemlock trees . BP moved to approve the determination, CC seconded and the commission voted unanimously. Communications / public comment/ Adjourn - Meeting Schedule- Next meeting is May 20, 2020 at 7 PM