===PAGE 1=== Town of Lunenburg Conservation Commission Bob Pease, Chair Tel: (978) 582-4146 Kenneth Jones, Vice-Chair 960 Massachusetts Ave. Richard Bursch Lunenburg, MA 01462 Catie Childs Carl Luck Jack Rabbitt Matthew S. Marro, Jeffrey Viviano Conservation Administrator October 28, 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 at a future time. 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. To Participate Remotely on Zoom members of the public may use cell phones, tablets or computers with audio and video capabilities. 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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. Each vote taken in this meeting will be conducted by roll call vote. MINUTES Call to Order Announcements Note : All votes were made by roll call vote. The meeting was called to order by Chairman Pease with all in attendance. 1.0 LSIC- Change request- Date of Drawdown modification. Wendy Gendron appeared before the commission representing the LSIC. CL asked if JV wanted to know if his disclosure form was submitted and approved. BP noted that is between JV and the ethics commission and consultation with town counsel it was stated that is up to the individual. JV noted it was filed and feels there is no conflict on this issue. Wendy Gendron wanted to present the commission with a request for field change and that it was not for this year as it was going ok. She asked for this for future years. CL noted that it is difficult sometimes to get to lower levels. He asked what was the justification for the request to change it for a date (Dec 1) that has not come in range as of yet and stated this issue could be discussed at the November 18, 2020 ,meeting if there was an issue. WG noted was the request for future years and indicated LSIC would be willing to consult with the commission was for future yeas and rather than come back for emergency certifications that having it written within the order of conditions would allow for it for be written into the process. Cl noted that this depth of a change should be subject to a more intensive review. BP asked MM to verify the written request. MM noted it was the same in writing as what Wendy Gendron stated earlier and this was for a field change request. JR verified what the language was with the applicant. Wendy noted that the Shirley Con Com adjusted their version of the order that if further time is needed they could come to the ===PAGE 3=== commission as a part of the current order instead of an emergency certification. Jr noted he visited the site and noted that the past Order allowed for a drawdown up to 9 feet. He further noted the GEIR required the Dec 1 date and deviation had to have justification. Wendy Gendron noted that the GEIR calls for consultation with Fish and Wildlife if the level goes beyond 3 feet. She noted that Fish and wildlife could be consulted in the odd ball years. JR noted that fish and wildlife approved up to 6 feet. JR noted if we go beyond 6 feet then we would have to go to fish and wildlife if they go deeper. KJ noted that the request was not for deeper than 6 feet. JR noted that if was beyond Dec 1 the applicant needs to go back to fish and wildlife. BP clarified the request was to be allowed to go to Dec 31 if the 6 foot drawdown was not approved by Dec 1 they could come to ask for the extended date by procedure. CL noted that the order discussion was geared towards variability and noted that if the commission allows for the extension it shouldn’t be on reaching a certain level. KJ just allowing the flexibility based on weather is appropriate with the condition that they come to the commission for review and permission. Wendy Gendron noted KJ was correct that the level variability was based on weather and the request is not totally based on level. For example if the target footage was four feet and an extension was granted and it did not make it 4 and only 3 feet that was the variability. JV noted he let 6 feet for this year was critical and felt it should be up to fish and game at this point. He noted a variability could be based on. RB asked if they have been in front of the town of Shirley. He noted that during those times they needed the extended date it was allowed by the LCC and the town of Shirley was the agency that was against it. JR asked if fish and game gave us a waiver to go to the end of they year. RB noted it was DEP that had gotten involved and allowed it until Dec 31. He further noted subsequent discussion with DEP they had noted it could be allowed until Dec 31 by the commission. He noted that he felt the order could be adjusted to allow the commission to approve an extension of the drawdown on the extended basis. He also noted it could be an agents determination based on criteria of weather in the future but should not be part of that vote tonight until the criteria was established and he felt that it could be granted tonight as long as it was reviewed yearly. Cl asked for clarification if RB was in agreement with modifying the order of conditions tonight and wanted to know if they could come back every year at the second November meeting. RB noted he would be in favor of the change as long as it was brought back to the commission every year. BP asked if a filed change was the correct way to do this. MM at the request of BP narrated the fields change versus the amendment process and what could trigger an amendment. B P polled the membership CC JR KJ BP and JV noted a field change was appropriate RB and Cl noted they felt it should be an amendment. BP noted that the field change requested would require a change to the order of conditions and didn’t think a field change would be sufficient. Joy Derner abutter noted she had concerns that she had concerns about the effects of the depth of the drought. She noted that there was a rapid draw down and it looks like its likely 6 feet in depth. She asked if the actual depth has been measured and even just the Dec 1 st could be greater than 6 feet. BP screen shared the data from the LSIC on the dam measurement at 45 inches. KJ noted that the request was not for this year. Wendy Gendron confirmed it was not for this year, She also confirmed at the start of this year the lake was indeed down by 8 inches. RB noted that depth below 6 feet usually would up having generated complaints from the residents for we ll issues. JV noted he used a laser level and got a measurement of 48 inches From a reference he established as the normal lake level. JR noted that by his estimates they could reach the levels this year was this vote even necessary at this time. Wendy Gendron noted she wanted to ensure that the administrative record would be clean. BP noted that his understanding was that Shirley Con Com was open to allowing the DEC 31 date if Lunenburg was willing to allow it and both towns would be consistent. CL noted the commission is being asked to change their order to accommodate wishes of the Shirley Conservation Commission and didn ’t understand why the vote was even necessary. Wendy Gendron noted the purpose was to allow for an administrative record allowing a revised procedure that would be consistent with both orders. CL felt that an amendment was the cleanest way to go administratively. Wendy noted that the filed change would generate a record and not necessarily a change but it would accomplish the same thing. RB stated that a change to the order would require an amendment. RB made a motion to send a letter to the Shirley ConCom, pending a positive vote, stating that the LCC will amend the order of conditions to end the drawdown at 6 ft. of depth or until Dec. 1 st and that they would be open to annual approval of extending the drawdown until Dec. 31st pending proper notification and amendment to the order. RB further clarified his opinion that a change to a line item in the order could not be changed via a field change.. CL seconded. KJ noted the cleaner way to do it was an amendment. JR noted he was in agreement with RB. The motion was passed by the commission by a vote of ===PAGE 4=== RB, CL, BP, CC, KJ yes and JV no. JV and BP both restated that they felt a field change would have been appropriate. MM noted that a limited abutter notification could be attempted to allow the process to move forward. RN indicate he was comfortable with that as long as there was notification in the paper. CL expressed concern that a limited notification for a requested amendment would not comply with regulations. KJ was OK as long a notifications met the regulations. Wendy stated that they would proceed with an amendment in Shirley as there were only 22 abutters but the expense to process an amendment in Lunenburg would be too expensive and they would proceed based on waivers as required in the future years. JR asked if a workshop could be added for procedures on when items are denied and narratives as such to the next agenda. 2.0 Adjourn RB motioned to adjourn KJ seconded and the commission voted unanimously. At 8:05 PM