===PAGE 1=== Town of Lunenburg Conservation Commission Bob Pease, Chair Tel: (978) 582-4146 Richard Bursch, Vice Chair 960 Massachusetts Ave. Patricia Adams Lunenburg, MA 01462 Catie Childs Jack Rabbitt Matthew S. Marro, Jeffrey Viviano Conservation Administrator Michael Larouche July 7, 2021 7:00 PM . By ZOOM REMOTE In accordance with the requirements of the Open Meetings Law, please be advised that this meeting is being Audio/Video 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. This meeting of the Conservation Commission will be held By Zoom at the Link provided on this notice. ZOOM Link: Topic: Conservation Commission Time: Jul 7, 2021 07:00 PM Eastern Time (US and Canada) Join Zoom Meeting https://us02web.zoom.us/j/88411157038 Meeting ID: 884 1115 7038 One tap mobile +19292056099,,88411157038# US (New York) +13017158592,,88411157038# US (Washington DC) Dial by your location +1 929 205 6099 US (New York) +1 301 715 8592 US (Washington DC) +1 312 626 6799 US (Chicago) +1 669 900 6833 US (San Jose) +1 253 215 8782 US (Tacoma) +1 346 248 7799 US (Houston) 877 853 5257 US Toll-free 888 475 4499 US Toll-free Meeting ID: 884 1115 7038 Find your local number: https://us02web.zoom.us/u/k5QIevDw ===PAGE 2=== MINUTES final amended Call to Order Announcements The meeting was called to Order at 7PM by Chairman Pease. He noted MM was on vacation and as such would not be at the meeting. BP welcomed two new members Michael Larouche and Patricia Adams. All members were present (JV attended later in the meeting) 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 –June 16, 2021 The minutes were accepted with Scribner revisions by a motion of RB and a second by JR and a unanimous roll call vote to approve the minutes Appointments/Hearings –commences at 7 PM Appointments:  Review of Draft Rayno and Hollis Road Forest Cutting Plans Gary Gouldrup was present and outlined the cutting plans BP noted that he felt the skid trails should have estimated widths be noted on the plans. RB noted that the main parking lot ( Hollis Road )would have improved access and better markings with an improved access trail by the butterfly habitat. He noted that the cutting access area was slated to be the water district property to ensure that it would not be detrimental to the parking and access areas. RB also reminded on the Hollis Road we would leave some debris behind for enhancing the bird habitat. The chair noted as he requested this item be advertised in the legal notices he welcomed public input. ( there was no public input ). RB asked if the increase in lumber values would affect the project with increased revenue. Mr. Gouldrup noted no and the reasons why. RB asked how we were bidding the project, Mr. Gouldrup indicated they should go together and he is examining the wood chip market currently due to a shortage of good quality chip however, he is still examining it. RB asked in there is any rough specs for the trail and parking area? RB indicated a preference for a flat graveled area however, indicated it could be considered at a later time, Mr. Gouldrup did review the specs involved and the equipment a bidder would have to meet. He also asked if the DPW could potentially improve the parking lot to save cost. Paula Bertram noted to the commission the snow riders and Hickory Hills Association would volunteer to help with a parking lot as they have equipment available and experience with other open space lots.ML asked who would do the better job of doing the parking lot. JR noted he would like to see all the work in one package and having the leverage for holding the contractor / bidder responsible. CC noted that she did not think it would be a bad idea for one package. PA noted she would like to see it all on one bid and perhaps there could be the volunteers added into the scope in order to bring the costs down. BP examined the RAYNO proposed cutting plan and suggested that some of the trail that goes from one end to the other end of the property be established and left clear of debris and ensure the skid trails are not too wide similar to the items spelled out in the Hawes Road proposal. JR and BP examined proximity to the abutters lots. Mr. Gouldrup noted some encroachment onto the Conservation Land. ( A trailer parked in the town land). RB suggested leaving a 100 foot buffer from the property line. BP indicated he wasn’t sure it would be necessary in all of the areas of the cut. RB suggested staying on the east side of the stone wall in the S-2 area. BP spoke to future access to connect the RYANO parcel to the Table Rock Parcel. The size of the landing zone was determined to be approximately one acre and could serve as a parking area.  LSIC- annual treatment This matter was moved to the July 21, 2021 agenda ===PAGE 3===  HHL Field change request for alum treatment – Paula Bertram outlined the extent of the algae issue for the commission and requested per mission to use Diquat or Imamza mox at Hemlock Beach. RB asked what the phosphate reading was at the beach. Paula Bertram noted only the deep area and the surface of the lake were completed and found to be normal however, provisions are being made to fund extra testing for storm water outle ts. Joan Pease reviewed the areas of higher phosphate and explained the chemical principles for phosphate treatment. And how it is effective. Nicole Waters expressed support for the proposal; and asked if the HHL Board consulted with ESS. Joan Pease explained the mixing of waters and the reasons why the treatment would be effective. PA expressed support to treat the area and fix the problem. RB moved to approve the treatment as a field change with the added condition they will test Phosphate both pre and post and the office would have a map of the treatment area 72 hours prior to treatment. CC seconded and the commission unanimously approved by roll call vote. NEW PUBLIC HEARINGS Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Request for a Determination by Petricca Residence Trust for work at 207 Fire Road 16 will be held. Work proposed is for the repair of a septic system. Maryann Dipinto and Dan Proctor represented the applicant. They outlined the project for the commission. RB made a motion for a negative (3) determination. CC seconded and the commission voted to unanimously to approve the motion by roll call. NOTE JV appeared at this point in the meeting at 8:08 PM CONTINUED PUBLIC HEARINGS 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 at 326 Highland Street by Steve Fenner for the placement of a swimming pool, landscaping and tree removal within the buffer zone. NOTE : RB RECUSED FROM THIS HEARING. Mark Bursch noted that there was still no DEP number as of yet. JV noted that the only item he had to speak to was the trees marked on the north side, he felt they did not need to be removed. BP agreed. He noted that there was no valid concern of the trees falling on a septic system in the future although, in agreement with the applicant, there was no real issue with pruning. The meeting wa s continued to July 21, 2021 by a motion of JV and a second by JR with a unanim ous roll call vote to approve the motion. 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 The Town of Lunenburg, Thomas WU and Scott Benjamin will be held. Work proposed Restoration of a parking area to a naturalized state on town property at Fire Road 12 A motion to approve an Order of Conditions with a letter from Town Counsel to the applicants outlining timelines and responsi bilities by RB with a second by CC and a unanimous vote to approve with PA abstaining from the vote. Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Request for a delineation of a resource area at 988 Reservoir Road by John Keating will be held. Brian Butler noted the final issue was awaiting the DEP to issue the file number. RB moved to approve the delineation as presented. JV seconded and the commission voted unanimously by roll call vote (PA abstained)(ML Abstained) 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 at 163 Beal Street Margaret and Allison Brooks. Work proposed is a septic upgrade Greg Roy represented the applicant Mr. Roy reviewed the revisions the commission requested. RB noted that DEP had a comment on the method of delineation. RB requested that the report be forwarded on. RB moved to approve an Order of Conditions with a condition that the Order not be handed out until the wetland delineation report was submitted. CC seconded and the commission voted unanimously (PA abstained)(ML abstained) ===PAGE 4=== Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Request for a determination 4 Brook view Terrace by John Leblanc will be held. Work proposed is addition of sand to a beach . The applicant reviewed the scaled diagram sent in by the applicant per the commission request. A motion was made for a negati ve (3 ) determination by JV with a second by CC with a unanimous vote to approve with RB, PA and ML abstaining. 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 at 250 Howard Street by Joel Normandin will be held. Work proposed is for multiple crossings of a wetland to accommodate an access driveway. Greg Roy and Joel Normandin were present to represent the applicant. Mr Roy addressed the commission comments from the previous meeting being most noteworthy that the wetland filling is a limited project category as the lot is within the Squa nassitt ACEC. He enclosed the limited project provisions of the regulations in an exhibit. JR inquired as to the amount of the crossing tha t was within the 30 foot no touch zone ( ans. 15,000 sq ft ). JR asked about the amount of trees being taken out. Mr. Roy noted that the disturbance for the driveway was very minimal to keep disturbance to as low as possible. JR outlined what he felt was the impacts. He not ed the trees and the location of the crossing being a head waters of the Mulpus Brook and noted there was no turnaround. Mr. Roy noted that the turnaround would be out of the buffer zone. RB and JR noted that tree replacement is required within the 50 foot no struc ture zone and that should be examined . RB requested and adjustment of the density of the p lantings He did note that there was a right by the applicant to access the upland and he thought the applicant did a good job attempting to minimize impacts however, some more refinement was needed. Andrea Adams asked if the trees could tolerate being on a hummock and how would the roots tolerate the adaptation. Greg Roy noted that the over story vegetation was similar and were considered facultative for the most part and were showing adaptive properties on site presently. Mr. Roy read the replication const ruction narrative. He noted that post construction of the driveway the majority of the canopy would still be intact. JV noted that he felt they have done a great job of planning for the impacts to the wetlands. BP spoke to the location of tree planting and expressed it was limited to the existing fields. JR noted that although the driveway is listed as 12 feet with the walls and other items there would be a total of 18 to 20 feet wide of disturbance. Mr. Roy noted that the retaining walls are proposed to keep the grading to a minimum to allow for t he disturbance to be minimized. Jr asked If the driveway had to be paved? Mr. Roy noted that it is not and misspoke at the last meeting. JR indicated he woul d like a tree count. The applicant requested a continuance to the meeting of July 21 at 7 PM. RB moved to continue. JR seconded and th e commission voted unanimously (PA and ML abstaining) Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg W etlands Protection and Municipal Bylaws a public hearing on a Notice of Intent by Town of Lunenburg for a replacement of the bridge at Flatt Hill Road adjacent to 878 Flatt Hill Road ( note 878 Flatt Hill is a private residence used for reference purposes only) Olivia Richards noted the adjusted and revised narrative that addressed the commissions issues . JR examined the maintenance of flows and flow integrity during the work to adjust for any extreme weather event. RB examined the conditions of the timing of the mobilization of the contractor to perform the work and if some of that is designed to allow consideration of drawdown. It was noted that planning was placed to allow for construction to take place within the period of high water as well. Andrea Adams noted that the applicant should do outreach to the immediate abutters to inform and educate them of potential impacts. RB moved to approve a n Order of Conditions CC seconded and the commission voted unanimously to approve.( PA and ML abstainin g ) 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 MA Pleasant LLC will be held. Work proposed is construction of a six lot subdivision, Roadway, utili ties and a proposed wetland crossing at 101 Pleasant Street The meeting was continued at the request of the applicant to the July 21, 2021 meeting. RB moved to continue to the July 21, 2021 meeting with the commission approving by roll call vote ( PA and ML abstaining ) CONTINUED TO JULY 21, 2021 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 Christopher and Suzanne DeGeorge will be held. Work proposed is improvement of access to Lake Shirle y and control of erosion within 100-feet of a wetland resource area at 48 Pearl Street. Pursuant to MGL ch 131, s 40 as amended and Under Lunenburg Protective By Law chapter 335, the Lunenburg Conservation Commission will hold a public hearing for a Notice of Intent by Cynthia Ritchie for work at 137 Flynn Road to build a natural stone wall along the waterfront to protect against future erosion of the edges of the land and beach. Motion to Continue to the July 21, 2021 meeting by PA with a second by JV and a unanimous vote to approve t he motion. ===PAGE 5=== Pursuant to MGL ch 131, s 40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing o n a Request for a determination 90 Ruth Street by Brian Dalmaso will be held. Work proposed is addition of sand to a b each. Motion to Continue to the July 21, 2021 meeting by JR with a second by CC and a unanimous vote to approve the motion. Old Business- ENFORCEMENT: Violations (Enforcement Actions and Administrative Hearings). Leominster Road- Illegal Dumping activity NON 467 Lancaster Ave – Monitoring site regrowth through the 2021 growing season NON 48 Oak Ridge EO 205 Arbor Street NON 37 Pearl NON 23 Cove Road New Business Election of officers (If all members are present) BP was nominated to be chair by RB with a second by CC and a unanimous roll call vote to approve the motion. RB was nominated by JR for vice chair. ML seconded and the commission voted unanimously to approve the motion by roll call vot e. CC nominated JR for the role of clerk. JR declined the nomination. RB nominated JV for clerk. BP seconded and the commission voted to approve the motion by roll call vote. Request to survey and mark additional property lines of Cowdrey lot near Townsend Harbor Road Scheduling public hearings to amend Land Use Plans for Table Rock and Lane Properties BP noted at the BOS meeting he had reviewed a letter he sent requesting a survey of 192 Townsend Harbor Road and the sidelines of the cowdery lot He requested to add to the initial request to also survey the sidelines along the frontage access to the Harley ADA wildlife viewing platform and to add permanent stakes at those areas. RB moved to do such, CC seconded and the commission voted unanimously by roll call vote. 40B project at 318, 390, and 400 Howard Street for 200 units of rental housing with possible site visit Thursday, July 8th at 1p.m – BP outlined the procedure for what is involved in a 40 B and that the commission would retain its ability to regulate the proposed project under 40 B regulations. He noted that there was no work proposed within the 30 and fifty foot local zones. Update on trails grant – status report, if any. Certificates of Compliance Extension Permit – Committee Reports – Any Updates Administrator’s Reports/action items: Administrator’s determination – 54 Pine Acres Drive Removal of three trees 50 Sunset Lane, Carl Luck 22 Brookview, Zeke Sampson Open space and land and Trail use issues and strategies: BP requested meeting for modifying the open space regulations concerning the need for a permit for bow hunting and may be taken up at the next meeting or the meeting after. Communications / public comment Adjourn Meeting schedule: Next meeting is July 21, 2021 at 7:00 PM The meeting adjourned at 9: 53 PM by a motion of JR and a second by RB and a unanimous vote approve by roll call vote