===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 August 4, 2021 7:00 PM . MINUTES 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 INFORMATION: Town of Lunenburg is inviting you to a scheduled Zoom meeting. Topic: Conservation Commission Time: Aug 4, 2021 07:00 PM Eastern Time (US and Canada) Join Zoom Meeting https://us02web.zoom.us/j/83262558841 Meeting ID: 832 6255 8841 One tap mobile +19292056099,,83262558841# US (New York) +13017158592,,83262558841# 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) 888 475 4499 US Toll-free 877 853 5257 US Toll-free Meeting ID: 832 6255 8841 Find your local number: https://us02web.zoom.us/u/kc1dEKUEeT ===PAGE 2=== 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. JR noted he attended a meeting with Adam Costa regarding the proposed 40 B development. He noted that the commission should have something into the state for August 16, 2021. BP noted that he had reviewed the application materials and reviewed his opinion with the conservation commission previously. BP noted the current comments deal only with it qualifies as a genuine 40 B and noted deficiencies he spotted with Water and Sewer infrastructure. JR noted that Attorney Costa noted that the developer was working towards water and sewer availability with the developer aiming for subsequent development. Andrea Adams expressed concerns with the bridge replaced on Pleasant Street. BP noted that MM will examine it when he returns from vacation. Minutes of previous meetings –July 21, 2021 JV moved to approve the minutes as amended CC seconded and the commission vote unanimously to approve by roll call vote Appointments/Hearings –commences at 7 PM Appointments:  Field change request 16 Ruth Street Kenneth Kholstom reviewed the requirement for 6 trees to be planted from a prior determination. He noted based on is research new trees in the area planted to closely to the old trees will not be beneficial and also expressed concerns about root systems interfering with h is well. He requested planting a vegetative buffer instead. The Commission reviewed pictures submitted by the applicant. JR noted that the other trees were doing ok and was leaning towards putting more trees in a evaluating how they progress. He felt that there would be 5 trees that could be planted. JV reviewed the original issue with the applicant and the commission. BP reviewed the chain of events during the original filing and site walk. JR noted a precedent where revegetation was required and was executed after the house was sold. PA examined what the required number of trees would be under current regulation. BP also reviewed the tree replacement regulation. BP examined the lot and noted he was satisfied with three or four trees and no vegetative buffer. Mr Kohlstrom also pointed out the location of his well with a concrete cover and was concerned about tree roots interfering with the roots. JV noted that based on his knowledge of the site and agreed with BP that the smaller an\mount of trees was appropriate for shade value. Andrea Adams noted that a shade tolerant shrub like laurel would accomplish shade protection and address potential root concerns. CC noted that she was in agreement with BP. ML noted that he agreed with allowing a smaller number of trees and also noted he liked Andrea Adams suggestion about Laurel noting it may provide the same protection for the lake as trees in this area would. BP noted that a vegetative buffer would be consistent with adding Laurel. Mr Kohlstrom agreed with BP. BP asked the commission how they felt about substituting laurel for trees. JR noted that he would be satisfied with three trees and about six mountain laurel. Mr Kholstom offers to plant just mountain laurel in an amount larger than 6. JV agreed with using just mountain laurel. CC also agreed. PA noted that she would agree with perhaps 2 trees and laurel. ML noted that a shrub mix of laurel and blueberry would be beneficial. He also asked about potential dwarf trees. JV moved to approve six mountain laurel as within 10 feet of water’s edge on the northern side. PA seconded. JR asked for an amended motion to add four trees to the north side. JV declined the amendment to the motion. JR converted to a formal motion. There was no second and the motion was dropped. The original motion by JV was approved by a yes vote of BP, PA, JV, CC and ML and a No by JR. CONTINUED PUBLIC HEARING 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 by Jose Vasquez for work at 52 West Street will be held. Work proposed is for the installation of a swimming pool. ===PAGE 3=== The meeting was continued to August 18, 2021 by a motion of JV and a second of CC and a unanimous vote of the commission by roll call vote to approve. (PA and ML abstained) 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 by Greg and Tina Kroll for work at 398 Sunset Lane will be held. Work proposed is for the replacement of 316 feet of retaining wall, demolition of a dwelling with a reconstruction of a replacement with modifications to the driveway and boat ramp. The meeting was continued to August 18, 2021 by a motion of PA and a second of JV and a unanimous vote of the commission by roll call vote to approve. 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 to August 18, 2021 by a motion of JV and a second of PA and a unanimous vote of the commission by roll call vote to approve. To Be Continued to August 18, 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. The meeting was continued to August 18, 2021 by a motion of JV and a second of CC and a unanimous vote of the commission by roll call vote to approve. (PA and ML abstained) 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 The meeting was continued to Sept 1, 2021 by a motion of JR and a second of CC and a unanimous vote of the commission by roll call vote to approve. This was moved based on input by MM that the design engineer noted to him that the survey work was behind in scheduling due to heavy volumes of work. (PA and ML abstained) NEW BUSINESS - LAND USE MANAGEMENT UPDATE The Conservation Commission will be holding a hearing for updating land use management plans for the Lane property ( Holman Street )and Table Rock ( Saliba property on Howard Street), the meeting is scheduled August 18, 2021 at 7 PM the Bilotta Meet ing Room, Second Floor, Town Hall, 17 Main Street and by zoom . The public is invited to attend. BP noted that a letter was sent out for the updated of the land use management plan. The purpose was to clarify the policy on Bow Hunting. The original plan was intended to work in concert with the land use regulations and to encourage residents to read the land use regulation. This was continued until next meeting due to the advertisement noting it was scheduled to the 18 th of August. Tree standards – discussion JR noted that one of the continual problems experienced is what defined a tree. He noted a definition based on a course he and ML had taken from a national professional organization. Defined as a woody plant with a height of at least 2 meters with a single stem or if Multi stemmed at least one vertical stemmed 5 cm in 2 inches in diameter breast height. He noted that he feels the commission should adopt this definition. ===PAGE 4=== BP wanted to know what problem is establishing a definition of a tree? JR noted it would make residents and engineers easier to understand. PA asked if there is a standard for the state of Massachusetts. JR noted that there is none however, he stated that the tree is universal. BP and JR discussed the definition of a tree. JR noted that we could supplement with a list of tree species. BP felt that we have tree replacement standard and reducing the tree standard to 2 inches would be over burdensome. JR noted that this is intended as a base definition. JV noted that some guidance could make sense however he recommended the minimum for tree replacement be 6 inches. ML noted that if the tree is not on the new England species list and could help avoid some confusion. ML noted that he felt 2 inches is pretty restrictive is too broad. He noted difficulties on purchasing larger diameter trees and most purchases are saplings.CC noted that she would like to see a minimum of a 4 inch diameter tree if a definition is adopted. BP noted that the existing regulations call for a minimum of 8 inch diameter DBH. He felt our existing regulations are sufficient as is. Jr noted that he was simply attempting to start a baseline. BP wants to have a full understanding of the intended and unintended implications. ML wanted to know should we think about longevity of trees and dwarf versus semi dwarf. BP used gray birch as an example versus a black oak for succession and life span. BP suggested taking the issue back up during a meeting with another light agenda and suggested doing a redline on the wetland regulations. Authorization for License to Hay Pleasant Street BP noted that Steve Debettencourt has been routinely haying the pleasant street property and requested the commission authorize BP to pursue a lease agreement. ML asked what was involved with the haying and if there was a profit being made. BP noted that there are other locations that need to be cut such as the Hunting Hill Property as part of the land use management. It was noted in a conversation with Matt Allison and he recommended a long term lease. ML moved to pursue a long term lease, JV seconded and the commission unanimously approved. Old Business- review of encroachment onto all conservation properties using the assessors ortho photographs. BP reviewed different conservation parcels that 2019 GIS orthos show encroachments in the forms of minor items like lawns, shed and driveways. ML suggested that we should send a friendly letter showing our evidence and make the owner aware of it and see if it stops. If there is a very large encroachment, we may wish to pursue it differently. He feels that the letters and potential follow up reminders establishes a record that we are watching. The remainder of commissioners echoed ML’s comments. JR felt that we should potentially following the letter up with inviting the owner to a meeting to have a face to face discussion. JR also noted that as the addresses were discussed at the meeting and notify those owners and invite them to come and comment. BP felt th at we should not do that as we may create more stress on the situation than we intended and there was no conclusions drawn at this point. BP will review the situation with Adam Costa at the next upcoming meeting. ENFORCEMENT: Violations (Enforcement Actions and Administrative Hearings). Leominster Road- Illegal Dumping activity NON 48 Oak Ridge EO 205 Arbor Street NON 37 Pearl ===PAGE 5=== NON 23 Cove Road 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 – Tom Bertram 312 Townsend Harbor Road- 1 tree- BP noted it was a retroactive determination and outlined the situation behind the action. JR had been on site and note that it was a dead trees and noted that the small trees abutting it were not removed. JR agrees with MM’s determination and JV moved to accept it. ML seconded and the commission unanimously approved the motion. John Gallagher 376 Sunset 1 Pine – JV noted that he had been on site and that there was no planting of a replacement required and agreed with MM’s determination and moved to approve the determination. ML seconded and the commission voted to unanimously approve. Open space and land and Trail use issues and strategies: BP noted that he spoke to Pat Huckery from Fish and Wildlife and will be arranging a meeting between that state the commission rep and Shirley’s rep for hunting hill Communications / public comment - JR felt the town should have a response to the 40 B proposal on Howard Street to be submitted to the A ugust 16th deadline. BP felt that Boards and commission send in their comments to the Town Administrator and the Town Administrator and Town Counsel then send in a summary of comments. The current comments are geared towards eligibility to be approved und er 40 B regulations. BP also noted that the applicant will still have to file with the Conservation Commission under the State Wetland Protection Act. JR was under the impression based on the meeting he attended that the town may be expecting the commission to send something for comments out. BP noted to the commission if individual members have concerns that relate to conservation jurisdiction, please send in comment. It was noted the proposal ins within an ACEC Adjourn- the meeting was adjourned at 9:23 PM by a motion of PA and a second of JV and a unanimous roll call vote by the commission Meeting schedule: Next meeting is August 18, 2021 at 7:00 PM at 17 MAIN STREET SECOND FLOOR BY ZOOM PLATFORM AND IN PERSON