===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 Michael Larouche, Associate MIUNTES December 2, 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. The Zoom Meeting ID is Topic: Conservation Commission Meeting Time: Dec 2, 2020 07:00 PM Eastern Time (US and Canada) Join Zoom Meeting https://us02web.zoom.us/j/86455851398 Meeting ID: 864 5585 1398 One tap mobile +13126266799,,86455851398# US (Chicago) +19292056099,,86455851398# US (New York) Dial by your location +1 312 626 6799 US (Chicago) +1 929 205 6099 US (New York) +1 301 715 8592 US (Washington D.C) +1 346 248 7799 US (Houston) +1 669 900 6833 US (San Jose) +1 253 215 8782 US (Tacoma) 877 853 5257 US Toll-free 888 475 4499 US Toll-free Meeting ID: 864 5585 1398 Find your local number: https://us02web.zoom.us/u/kbQhXWIWGb No participant ID is needed, just press # when asked. All participants who are not members of the commission or staff will be muted by the chair. Computer and app users may use the “raise hand” feature to ===PAGE 2=== request to speak. To access the raise hand feature, open the participant list by clicking on participants. To raise your hand, click on the button at the bottom of the participant list. The chair will call on you and unmute you. Telephone audio users may dial star (*) 9 to request to speak after joining the meeting. Members of the public must give their name and address before they begin speaking. Please direct all comments to the chair. If you have trouble accessing zoom or have general questions you can send an email to lcc@lunenburgonline.com during the meeting. Emails containing questions or comments that are to be read aloud at the meeting must be signed with full name, address and phone number. Please be aware that if you are using video, other people will be able to see you and that anything that is broadcast will be 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. Each vote taken in this meeting will be conducted by roll call vote. Call to Order Called to order 7 PM Chairman Pease Presiding …All in attendance. Announcements JR noted the passing of past commission Chair Nancy Ireland Schoal at 96 Years of age and noted that we see this day the results of her past efforts. CL noted that he did not see any recent reports of the depths of Lake Shirley as he was concerned that it appears the lake level has gone up from about 6 ft. to 4 ft. and with rain could come up an additional 2 ft.. He noted that the Dec. 1 st. deadline on the drawdown has passed and expressed the hope someone from the Lake Association would come to the commission for an emergency approval as it is after the December deadline. He encouraged anyone on the lake to ensure they have brought their docks in. There was no comment from the public. 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 Minutes of previous meetings – October 7, 2020, November 4 2020 and November 18 2020. Appointments/Hearings –commences at 7 PM Appointments: FORUM FOR THE BENEFIT OF THE PUBLIC The Conservation Commission will hold a public forum/hearing for considerations of revisions to commission land use policy fo r land under the care and control of the Lunenburg Conservation Commission. The supporting documents are available for review a t the Conservation Commission office by calling 978-582-4146 ext 431 by appointment. Emailing a PDF is also an option on request by emailing lcc@lunenburgonline, BP noted to the public that there was a mark ed up proposal for changes to the land use policy on the website for the public to review. He noted that the commission office had received many emails and Town Counsel input the day of the meeting and the full commission may not have had a chance to revie w all of them at that point due to the timing. He asked for comments from the commission. JR noted that he had completed a lot of research and will save comments as the commission progresses in its review. He asked if town Counsels comments could be paraph rased. BP noted that he had not time to review the entire document due to timing, however it was on the cloud for the commission to review. JR noted that there was a letter received from a Selectmen and he requested that it be read at the meeting. Jr asked about reading the other letters. BP noted it was not his intention to read the letters out loud and that they were there for the benefit of th e commission. He noted it could be taken up at the next meeting. RB noted that the Selectmen’s letter did note a request to be read into the record. RB read the letter from Selectmen Michael Ray Jeffries into the record. ===PAGE 3=== CL noted that there was a statement in the letter by the Selectman that the Board of Selectmen had the regulatory authority but that the commission had received input fr om Town Counsel stating the opposite and asked for Counsels’ ruling to be reviewed for clarification. He also noted that there were specific suggestions concerning language that he felt should be addressed. He also inquired how the received letters would be made available to the general public stating that the commission should facilitate availability of the letters to the public. BP reviewed the questions to Town Counsel. The first noted the policy as written was clear that firearm use was prohibited. He read the response to the second question asked which was concluded the Conservation Commission has the authority to set its own policies regarding land under its stewardship separate and independent from the Board of Selectmen. The Selectmen could attempt to transfer the land out of commission control, however article 97 of the state constitution may complicate that attempt. BP also noted that an yone wishing to obtain copies of letters submitted to the commission co uld contact the Administrator at the office requesting them. JR noted that the Board of Selectmen ( BOS ) had control to allow th e discharge of firearms. He noted that the commission does allow bow hunting currently. He felt based on regulation allowing hunting by firearm would create a conflict with the town general by law concerning discharge of firearm creating situation where the conflict may need to be resolved with the Board of Selectmen. Tom Alonzo noted he had a copy of town Counsel’s responses to the commission questions referred to by BP and noted that Town Counsel also stated in the response that if the Conservation Commission did prohibit hunting by firearm the BOS could not overturn that, however if the commission did allow hunting by firearm, it did not supersede the authority of the BOS with regard to the town general by -law requiring BOS permission to discharge a firearm on town lands. He also reviewed the redline version and noted that the redline version did not change the ban on firearms, except hunting hill and asked if the commission were going to change that. BP indicated the redline intention was for clarification of the language and was not a final version. BP indicated that the current redline version proposes to clarify Town Counsels interpretation that hunting with fire arms is not allowed on any lands except Hunting Hill. There was a straw poll at the previous meeting indicating there were a majority of commissioners in favor of that version, however, he also noted that there was no formal vote taken as of yet. Tom Alonzo encouraged the commission not to change the restriction as he feels the mixed use of the open space was not compatible. He noted that there are areas not within the limits of town nearby where hunters often use. He also noted the issue came before the BOS last year and the vote was to uphold the commission prohibition. MM noted that he also spoke to Town Counsel on more than one occasion and clarified the BOS by law pertained to all town lands and the commission, if it were to allow for hunting would not override the BOS authority and agreed with Mr. Alonzo’s interpretation of the same by laws. KJ examined the land use polices of surrounding towns, naming Groton, Pepperell Shirley and Westminster and noted that hunting is allowed with certain exceptions. He noted that it appears that they name list only certain parcels where hunting is prohibited. He feels it is actually a commonplace practice to allow it. He feels that firearm hunting should be allowed on certain larger parcels and can be done safely. Mark Bursch addressed the commission stating his agreement with KJ. He stated that all open spaces by the commonwealth is allowed to be hunted. He noted that he comes from a long family line of outdoors men (women). He noted that his research on the data of safety and there is no indication it is unsafe. He reviewed the safety training requirements for licensed hunters. He noted the history of the Hunting Hill purchase and it was a requirement by the commonwealth that hu nting with firearms be allowed as a condition of the grant award however it is a rather small parcel . He proposed the commission examine splitting the usage of larger parcels so all could use it. He mentioned that he pays taxes and his uses should have the same right as others. RB noted his family’s history of safely hunting in the town of Lunenburg. He expressed disappointment that guns in general and guns used in hunting are generally grouped together. He noted it has been a long standing family activity. He noted that the issue of gun violence and gun control is a separate and tragic issue, however, it should not be a part of this discussion. He also noted that the City of Fitchburg also allows firearms hunting on its open space. He stated he supports firearm hunting on the larger tracks of Conservation land on the northern boundaries and named several large parcels of land in town that could potentially be segregated allowing for both activities. He expressed that it was unfair if one groups wants an acti vity on certain pieces of property but are banned because someone else says they have the right to use the property whenever they want. BP did clarify the commission allows bow hunting on all of its lands and the current discussion is only pertaining to f irearms and the continued discussion should assume it. MM noted that in Westminster hunting with firearms is allowed on all their lands with the exceptions of two parcels, due to one parcel being clear cut and converted into a scenic vista and abutting w oods are used for concentrated uses such as camping. The Crocker Pond area was prohibited due to concentrated camping as well, also being utilized by senior citizens. He outlined that in speaking to Pepperell Conservation that hunting was at one point proh ibited ===PAGE 4=== on all land, in all forms. This was changed due to the fact the open space were getting overrun by deer with only one parcel exception. He also noted in Tyngsborough, having similar dynamic also allows hunting by firearms on its larger parcels. He felt the surrounding towns appear to support RB’s position. Lyn Mann 463 Burrage Street expressed appreciation for the open discussion and can appreciated the differing views and currently was leaning towards the views RB expressed about segregating. She read a prepared statement (submitted to file).She is not opposed to hunting in general but does oppose the use of firearms on public Conservation Land. Her letter noted the heavy uses of the town lands by different segments of the population. She noted that fire arms have a longer range than bows and expressed concerns for safety. She noted that larger parcels that are not heavily used , or used for recreatio n, do have the potential to be segregated to allow firearms usage. Susan Dempsy of 108 Robbs Hill Road noted the section of current regulation does not allow for activities that disturb the peace and quiet and noted that firearms discharging would violate that particular regulation. She also noted that there are other larger parcels that c an currently be utilized for hunting. She asked how far was hunting was setback from the trail. CC noted in general she is opposed to firearms on Conservation land in gen eral, however was open to the point that RB made earlier of segregating large parcels. She also felt there should be a lot of public outreach work with regard to hunting seasons. JV also noted agreement with the points made by RB earlier. Mark Bursch stated that firearms hunting is not 365 days per year and is a very limited season and specifics could be worked out in regard to parcels that could be hunted with firearms . He noted that the police has only had 11 calls in 3 years regarding hunting, which is considered low. He also noted that at least 5 deer have been hit by autos this previous fall alone . He stated hunting is a form of passive recreation. He noted he spoke to a great number of local families and could provide a complete list of names of thos e who support hunting. JR also noted that he spoke to a number people and some concerns were expressed about children playing in the woods. He felt that segregating properties may exclude a larger segment of the population. He enumerated some administrativ e concerns over segregating that he feels should be addressed if segregating is allowed. Tom Alonzo emphasized the section 2.5 of regulation regarding the peace and quiet. He clarified that no person would be denied access, however, it would be subject to activities allowed. He noted that as pointed out, there is a large amount of open spaces in neighboring communities that could be utilized. It has been prohibited for so long he did not see the impetus allowing it at this point. Laura Boussum noted agreem ent with Sue Dempys’s and Lyn Mann’s earlier statements. She noted the Mass Wildlife schedule of different hunting seasons that appeared to stretch through the year. Lynn Mann also questioned the year round schedules of what type of hunting is allowed. BP noted that it would be researched. KJ expressed the need to be very careful about throwing out section 2.5 of the bylaw concerning “ people’s peace” citing snowmobiles as a items that could be brought up. He feels the commission should be sensitive to the t ypes of current multi uses of the open spaces. Steve Weaver at 288 Holman Street noted that he has a license to carry and has hunted in the past. He stated that he is a Vietnam veteran, has been a police officer, fire fighter and EMT. He lives near the Lane property. He noted that Children had ridden bikes on the Peabody propert y, which allows hunting with firearms, and came off it scared because they felt somebody was shooting at them. He also noted that at the State owned proper ty, Bolton Flats, every ot her year somebody is shot over there. He felt the problem was that it is open to everybody. He noted a personal friend that had been shot and killed on his own property with by a hunter. He recommended the commission not to allow it. The session was ended and will be discussed at the next meeting. BP noted the next meeting was not scheduled to be a public hearing nor an open session. He did invite the public to come to the meeting to observe the continued discussion. He also suggested the Commissioners who are in favor of firearm hunting will have a chance to draft what they want to do to see if they can get 4 votes. ===PAGE 5=== PUBLIC HEARINGS AND MEETINGS The Conservation Commission will hold a public hearing on a Notice of Intent by David and Kiley Boivin for work at 81 Maple Parkway for the replacement of a septic system . The supporting documents are available for review at the Conservation Commission office by calling 978-582-4146 ext 431 by appointment. Emailing a PDF is also an option on request by em ailing lcc@lunenburgonline.com. The hearing was continued to the December 16, 2020 at 7 PM, meeting as there was no one appearing for the applicant and lack of a DEP number by a motion of KJ and a second by RB with a unanimous roll call vote approving the motion. The Conservation Commission will hold a public hearing on a Notice of Intent by Jeff Stone for work at Lot 1 50 Page Street for the Construction of a single family home . The supporting documents are available for review at the Conservation Commission offic e by calling 978-582-4146 ext 431 by appointment. Emailing a PDF is also an option on request by emailing lcc@lunenburgonline.com The Conservation Commission will hold a public hearing on a Notice of Intent by Jeff Stone for work at Lot 2 50 Page Street for the Construction of a single family home . The supporting documents are available for review at the Conservation Commission offic e by calling 978-582-4146 ext 431 by appointment. Emailing a PDF is also an option on request by emailing lcc@lunenburgonline.com Both parcels were head in block form as they area abutting lots. Greg Roy appeared before the commission for the applicant. MM noted that DEP has not issued a file number for either lot. Mr. Roy explained the project consisting of 2 single family homes on abutting lots on Page Street. He noted they were adjacen t to the Municipal Cemetery, the boundaries sharing a stone wall. He outlined the wetlands and the setbacks for the 30, 30 and 100 foot buffer zones. He outlined the proposed mitigation for erosion. JR asked of the wall on lot one running adjacent to the wetlan d would be left in place. The answer was yes, and there would be no work proposed within the 30 foot zone. Mr. Roy noted the l ot has some constrains, however, there would be no work at all within 30 feet only grading within the 50 foot no structure zone. JR noted the applicant may want to continue the boulders along the rear of the lot to continue the demarcation of the 30 foot n touch zone. CC asked for current site conditions and the type of trees to be cut. Mr. Roy noted that lot one may have some small degree of c learing, however most of it was already cleared. BP did requires that the plans be updated to reflect the trees tha t would be removed from the site be added to the plans. He also asked Mr. Roy to stake out the house for the site visit. There was no public comment. Lot 1 : The meeting was continued to December 16, 2020 at 7 PM by a motion of KJ and a second by JR wit h a unanimous vote to approve the motion. Lot 2 : The meeting was continued to December 16, 2020 at 7 PM by a motion of KJ and a second by JR with a unanimous vote to approve the motion CONTINUED: Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public meeting on a Request for a determination by George Yapp for work at 28 Oak Ridge Road will be held. Work entails the removal of a triple stemmed oak and the rebuilding of a shed. Application and supporting documents are available for review at the Conservation Commission office by calling 978-582-4146 ext 431 by appointment. George Yapp appeared before the commission to review the updated plan . BP noted th at based on the updated plans it was apparent that the trees to be removed were not within the 30 foot no touch zone and that there was no requirement for the tre es to be replaced. Mr. Yapp did show suggested replacements on the plan. JR Noted he was pleas ed with the proposed plantings shown on the revised drawing. JR expressed a concern about trees being to close to the septic area. It was resolved that there were elevation differences. BP noted that as it has been established that the tree replacement req uirement was not required as they were not within the 30 foot no touch zone, he wanted an updated discussion on this issues. KJ noted that as he is not required, he cant be compelled to do so. CL noted that he appreciated the detail of the drawing. He appr eciated that required or not, the applicant did a nice job looking to beautify the property. KJ moved that a negative determination be issued with the condition the trees can be replaced at his own discretion. JV seconded and the commission approved the mo tion by a unanimous vote. ===PAGE 6=== The Conservation Commission will hold a public hearing on a request for a determination by Gary Kroll for work at 398 Sunset Lane for the replacement of a dock . The supporting documents are available for review at the Conservation Commission office by calling 978-582-4146 ext 431 by appointment. Emailing a PDF is also an option on request by emailing lcc@lunenburgonline.com Gary Kroll appeared before the commission to represent himself. CL recused himself from this proceeding as he is an abutter. Mr. Kroll outlined his project to the commission. JR asked if the removal will be done during the drawdown. JR moved to issue a negative determination CC seconded and the commission unanimously approved the motion by roll call vote ( CL recused). CONTINUED: Pursuant to the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public meeting on a request for a determination at 1168 R Mass Ave by M2 Trust for the demolition of an existing single family home and shed. The supporting a re available for review at the Conservation Commission office by calling 978 -582-4147 ext 431 by appointment. Dustin Powell appeared before the commission to review the updated plan. The Commission noted the plan had all of the information requested. KJ examined the plan and noted the proper placement of erosion protection. KJ moved for a negative determination . JR seconded and the commission voted unanimously. CONTINUED: Pursuant to the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public meeting on a Request for A Determination by Dan Dugas for work at 60 South Row Road. The work is for the remov al of trees for the placement of a solar energy system within the buffer zone. Mr Dugas appeared representing himself. He noted the trees to be removed and discussed potential areas for replacement. MM recommended that the tree replacement be between the elevation 350 and the shed. He did not recommend adding one too close to the house. JR did note he felt it was a fair exchange due to the constraints of the lot. MM noted that the area he suggest ed would help with the shade value. CL asked about the tree diameters and potentially ow many should be replaced. BP noted that he feels going strictly by the regulations may not be possible due to the constraints of the lot and there may not be room to plant th e required amount. CL noted that the regulations applied could amount to a total of 4 up to 6 trees. M. Dugas noted he had already plated 5 trees southwesterly side of the property and they were all fruit trees. BP asked if the shoreline has existing trees on it already. Mr. Dugas outlined the area of the shoreline that was fairly populated by trees. CL noted the south westerly side is not conducive with shading. KJ noted that the area, being fairly covered with vegetation, he could go along with a one to one re planting ratio. JR asked if the stumps would be pulled. Mr. Dugas stated no they would be ground. A motion was made by JV for a negative determination with the stipulation of 2 trees be replanted between the shed and the house and 3 shrubs where the trees are being removed. KJ seconded and the commission approved the motion by unanimous vote. CONTINUED: Pursuant to the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Notice of Intent by Cutis Nikitas for work at 232 Burrage Street The work is for grading and constructio n of a stone wall within the buffer zone. The meeting was continued to Dec 16 2020, by a motion of KJ and a second by JR with a unanimous vote to approve by roll call vote CONTINUED: 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 Jeff LaPierre for work at 1672 Mass Ave. will be held. Work proposed is rebuild of an existing shed, grading of existing lawn, repair of a retaining wall, removal of a tree and the repaving of a driveway with gravel. The meeting was continued to Dec 16 2020, by a motion of KJ and a second by JR with a unanimous vote to approve by roll call vote CONTINUED: 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 John Fournier for work at 25 Pearl Street will be held. Work proposed is a installa tion of a tight tank, an addition, expansion of a driveway and deck and the removal of a tree by the shoreline. The meeting was continued to Dec 16 2020, by a motion of KJ and a second by JV with a unanimous vote to approve by roll call ===PAGE 7=== vote. ENFORCEMENT : Violations (Enforcement Actions and Administrative Hearings). EO 90 Ruth Street – MM still has not heard from him yet EO- Town of Lunenburg Fire Road 12 ENF 2019 NOI FILED NON - 9 Valley Road- Working on NOI – working on NON – 232 Burrage Street continued hearing in progress EO – 788 Page Street – Police to execute service of the enforcement order JR noted that he wanted to get together with MM to review a potential encampment He also noted a paved area at 22 Oak Ridge. MM noted a letter has gone out. Cl noted that there was an issue of filling on fire road 16. MM had noted that he had been attempting to establish a contact. CL also asked MM to document on a list the preliminary actions of previously identified potential violations as he is working on them New Business – Old Business – Update on trails grant – status report, if any. BP is working with MRPC for the refinement of the trials maps and corresponding markers. A website devoted to public comments will be generated. Certificates of Compliance – Paul Gougen 675 Reservoir Road – CL spoke of a list of concerns he generated regarding the items deficient for the issuing of a certificate of compliance. He reviewed his lit into the record (on file) . BP directed MM to leave this item off the agenda until he felt it is completed.. Penniman 137 Burrage Street Lots 8 and 9 – MM reviewed with the commission the plans for the original order of Conditions. The file was from February 1996. He noted that based on the plans and the orders he found on file he recommended a certificate of compliance. RB asked that MM put a written notice in with the file that the site was observed and it was complaint. MM noted that he had already placed an inspection form in the folder. CL asked if there was a request from an engineer. MM noted that there was no engineer requirement in that original order. RB moved to issued the certificate.CC seconded and the commission approved the motion by unanimous vote. Extension Permit – none to present Committee Reports – Any Updates Administrator’s Reports/action items: Administrator’s determination – 106 Sandy Cove Road one tree 50 feet from wetlands edge MM noted that the tree to be replaced was 48 feet from the edge of wetland and that it would be replaced with one Japanese maple tree. KJ moved to approve the Administrator’s determination, RB seconded and the commission voted unanimously to approve the motion. Open space and land and Trail use issues and strategies:  Forestry Planning /Encroachment on town open space ( updates if any) KJ noted that there have been reports of ATV traffic on the Lane parcel. BP has the no ATV signs and will go out with KJ at some point in the near future to add the signage. Communications / public comment/ Adjourn- CL asked about No Dumping Signs. MM noted that he had the signs made up and they were available for pick up along with hunting access signs for the Robbs Hill area previously approved. - Meeting Schedule- Next meeting is December 16, 2020 at 7 PM the meeting was adjourned at 10:03 PM with a motion from JR and a second from BP with a unanimous vote to approve the motion.