===PAGE 1=== Town of Lunenburg Conservation Commission Bob Pease, Chair Tel: (978) 582-4146 Mary Wilson, Vice Chair Richard Tremblay, Clerk 960 Massachusetts Ave. Richard Bursch Lunenburg, MA 01462 Jeffrey Viviano Catie Childs Anna Petrie Michael Larouche Conservation Administrator May 17, 2023 7:00 PM Minutes ZOOM REMOTE Roll Call: BP, RB, ML, MW, RT and Anna Petrie Absent: JV and CC Call to Order at 7pm Announcements: none Public Comment: none Minutes of previous meetings- May 3, 2023- Motion: ML, Second: RB, to approve minutes of 5/3. Roll Call Vote, unanimous to approve. Appointments/Hearings: LSIC year-end report: Wendy Gendron (Aquatic Restoration Consulting) and Joanna Bilotta. Wendy screen-shared the Lake Shirley Lake Management Annual Report for 2021-2022. She reviewed the Water Level Monitoring Chart of draw-down rates to control aquatic plants and allow residents to manage their shorelines. The target is 6’ but it was not achieved due to excessive precipitation during the year. The average was 3.7’ draw-down and the downstream flows were maintained. The herbicide pre-treatment was done on 7/27 and 8/23, treating 81 acres with Diquat. The plant cover was consistent with the past year. Wendy screen- shared the chart of plant species and plant diversity. They did not observe Bluegreen algae and coontail. They did see an overabundance of bladderwort and bushy pondweed, in relation to other species present. Volunteers did water quality checks, measuring water clarity. If the clarity goes below 5’, they take samples to look for algae. Wendy noted in July 2022 the nitrogen concentrations were extremely high but they did not know why and will compare it to July 2023 data. She stated they are not looking to propose any changes to the treatment plan for the coming year. The herbicide contractor will look to see if they need to do the clipper treatment plan for fanwort. Dominic will present the pre-treatment plan to the Commission next month. Bob P. asked if ===PAGE 2=== Wendy’s report was available on the drive and Anna replied no. Wendy will forward another copy. Mary asked Wendy if there had been other historically high nitrogen levels in the past. Wendy replied she will look at past figures and send comments on past history. Bob asked if the nitrogen concentrations came from the north basin where the Catacoonamug comes in and Wendy replied correct. Rich B. asked if they took new samples and Wendy replied they just had the lab re-run it. She added that sometimes if the bottles get too hot, the preservative reacts to the plastic bottle, so they try to use fresh bottles only. Wendy pointed out that it was only the north basin that showed high levels. Anna will email the report, along with Wendy’s comments, to the Commissioners. NEW PUBLIC HEARINGS- Pursuant to MGL ch 131, s40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Notice of Intent by Ashley Owens for the proposed demolition and reconstruction of a single-family home in the existing footprint of 68 Laurel Lane. Jamie Schwadel and Ashley Owens – architects for RE Architect and homeowners. Jamie screen-shared the tree removal proposal plan for the property. They submitted a permit to split 68 Laurel Lane into 2 lots and tonight they are concerned with just 68 Laurel Lane. The house is currently within the 50’ and 100’ wetlands buffer zone from Lake Whalom. The plan is to take the house down, leave foundation as is and rebuild the house on the existing foundation. They will leave the deck and sitework as is. Some trees will be removed to allow for the second story and the tree company will evaluate the health of other trees. Jaime screen-shared photos of the trees they want to take down and Mary asked if they had the plan on the shared drive. Ashley replied that this was the updated plan with the trees noted for removal and the updated plan will be sent. She noted the DEP number is # 208-1293 and the DEP had no comments. Rich T. asked if there was a plan to replace the trees removed and Jamie replied there is no intent to replace them. They have had trees come down onto some structures already. Rich asked how far the trees were from the water and Jaime replied 34’, 35’ and 70’. They will keep trees nearer the water for shade. Mary asked how they determined the distance from the water for the trees and Jaime replied they used line measurements on the civil site plan. Mary added that at the site visit, she did not observe any damage on the 2 trees nearer the water. She would like to hear from an arborist before the trees are taken down. Jaime asked what the process would be. Rich B. asked when they wanted to start construction and they replied as soon as possible. He suggested holding their decision on the tree removal, pending receipt of the arborist’s report. The Commission could approve the permit without removing the trees, and pending the arborist's report, they could resubmit for a field change with taking the trees down. Rich B. pointed out he did not see any erosion protection and suggested putting down haybales and a silt fence in the limit of work area. Jamie clarified that the foundation is a crawl space and they are removing the oil tank in order to go all electric. Bob stated they have a regulation that requires replacing trees removed within 30’ of resource area and it may be a point for future discussion. ===PAGE 3=== Motion: M L, Second: MW, To approve this NOI with the condition that the removal of the trees is not approved at this time and there would be erosion protection at the limit of work. Roll call vote was unanimous to approve. CONTINUED PUBLIC HEARINGS Pursuant to MGL ch 131, s40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Notice of Intent by Lunenburg Skate Park, Inc. for the proposed construction of a skate park and drainage basin at 100 Chestnut Street (DEP #208-1290) Anna reported Greg Roy requested a continuance to the June 7th meeting. Motion: MW., Second: RT. --To continue it to June 7, 2023. Roll call vote was unanimous to approve. Pursuant to MGL ch 131, s40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Notice of Intent by Thomas and Melanie Payne for the proposed construction of three replacement retaining walls, a replacement patio and a set of replacement stone stairs at 647 Reservoir Road (DEP #208-1289) Anna reported that Matt Marro asked to continue to the June 7th meeting. Motion: RT., Second: ML.--To continue it to June 7, 2023. Roll call vote was unanimous to approve. Pursuant to MGL ch 131, s40 as amended and the Town of Lunenburg Wetlands Protection and Municipal Bylaws a public hearing on a Request for Determination of Applicability by Lisa and Jeffrey Richard for the proposed installation of a deck at 52 Spring Street Extension Anna stated she is representing the applicants and the application is for installing a dock-not a deck. She screen-shared the applicants site plan, and pictures of the type of dock they want to install, along with a near map as a visual for the property. There is no dock currently but the neighbor’s dock appears to be on the property line. Bob P. pointed out the overlay on these aerial’s are off a little so the dock may be not on the line. Rich T. asked Anna to point out where the dock would be going and she indicated at the waterline where there is a slope and stairs. Motion: RT, Second: MW, --For a negative determination, upon receiving confirmation that the dock near the property line is not on the 52 Spring Street Extension property and does not belong to the owner. Roll call vote was unanimous to approve. NEW BUSINESS: Update on Timber Rights Fund Master Plan Committee – Bob asked if Rich B. would serve on this committee for 2 years and he agreed. Bob added he would be putting his 2 cents worth in that the town needs more commercial development. Lessons learned, wetlands delineation, lot, 5 Northfield Rd – Bob reported he was driving on Northfield Road and observed a large intermittent stream, flowing within 10’ of the foundation for a new home. He remembered participating in that hearing. He asked Anna to investigate and she said the minutes noted ===PAGE 4=== Maryanne DePinto claims they are not technically in wetlands. The Commission stated there needs to be a definitive survey from a wetlands scientist to say whether it is wetlands or not. Bob added there is a lot of water there and Mary said the Mass. DEP map of wetlands shows it as a connector between an upstream and downstream wetland. Bob noted Matt Morro and Maryanne said it was not wetlands. He asked Rich B. for input and he said he was not able to check a soil sample, but there are sporadic wetland plants throughout the basin. Given the amount of water that is still flowing through there, despite dry weather in April, it is clearly an intermittent stream and considered a resource area under their bylaws. Bob noted they had approved it but now was asking what they could do differently in the future. Rich B. replied they should take more than one lot into consideration. There was no water flowing at that time and they did not know if Maryanne took a core sample for hydric soil. Now there is a fairly high-water table and water in the retention basin is at the level of the intermittent stream. Bob stated he would like to require a soil sample in addition to wetlands plants and to submit the DEP map as part of the application. Rich B. noted that the owners have disturbed up to the intermittent stream. Mary said she walked with Nadia (past administrator) to see the site and Nadia stated Matt M. had done a soil sample. Mary said the hearing was continued a few times and she heard Nadia had also done a soil sample. Rich B. pointed out intermittent streams are dry part of the year and under DEP, there are not considered a resource but under Lunenburg by-laws they are a resource area. Mary talked to Matt M. and he said even though it shows up on the DEP wetlands map, if it doesn’t show on the USGS map, it is not a protected resource. Rich B. noted they are not wetlands but vernal pools are entitled to the 100’, 50’ and 30’ buffer zones under Lunenburg bylaws. The vernal pool needs to be certified and there are a bunch in Lunenburg. Rich B screen shared the map, showing the certified vernal pools. Bob suggested asking for volunteers in town to locate these vernal pools. The Commissioners agreed it is a lesson for what to look for in the future. Topics unknown 48 hours in advance of meeting – Bob received an email from Elaine Peterson stating that Rich B. and Catie Childs terms will be expiring. Catie has asked not to be reappointed but Rich B. is willing to serve again. There are also 2 applicants for the openings. Bob asked the Commissioners to support him writing an enthusiastic recommendation for re-appointment of Rich B. Motion: MW, Second: ML -- To have the chair write an enthusiastic recommendation for re- appointment of Rich B. Roll call vote was unanimous to approve. Bob said he will also write a letter of endorsement for the application of Chris St. Germain. Sam Welch is also interested and previously attended meetings. Bob suggested he may be better suited for the Open Space Committee but that decision is up to the Select Board. He will share the letter he is writing in support of Rich B. and urged others to write letters. OLD BUSINESS Grant Application Proposals Update – no updates Update if any on encroachment issues at: Bob will be meeting with Town Counsel on 5/22 to discuss final drafts for Chase Road and Hollis Road lease agreement, documentation of hours and his request to Town ===PAGE 5=== Manager to talk to the tax attorney. Heather replied that he could talk to Myleen (Tax Collector) and he had asked Myleen a year ago about obtaining the 2 properties off Page Street which would give access to the rear Conservation properties. There is a swamp in the middle of the Cowdrey property and at 250 Howard rear, which should be Conservation. Bob will discuss doing a title search on these properties with Counsel. 950 Chase Road 315 Lancaster Ave. 26 Mulpus Road Update on maintenance work at Hollis Road Residence: Mike L. reported he met with Facilities Director Chris Ruth to discuss the cabinets, carpet replacement, painting the house, and siding repairs. Chris said he had carpenters and painters available. He gave Mike the go-ahead to have ACME Carpet replace the bedroom carpet, which was done today. Administrative Determination: 17 Horizon Island Rd.- Anna screen-shared pictures of a tree with heavy damage from Pileated Woodpeckers and Carpenter Ants. The tree is within the 30’ no-touch area. The homeowner would like the tree removed due to concern of damage if it fell and is willing to replant. Mike requested to make sure there are no woodpeckers in the tree when it is taken down and Mary asked to add a stipulation that 2 native hardwoods be planted. Motion: ML, Second: RB To approve the removal of the damaged tree, with the stipulation that 2 native hardwoods be planted on the property within the 30’ no-touch area. Roll call vote was unanimous to approve. 38 Oak Ridge Road- Anna shared photos of 2 trees – one up against the house foundation (just outside of the 30’) and a multi-stem tree with a lot of crown damage (on the 50’ line). The homeowner would like to have the trees removed and Anna told the owner the Commission may want the tree replaced next to the house. Mary checked for foliage cover and made a motion. Motion: MW, Second: ML To approve the removal of both trees and that the tree at the 30’ be replaced with 2 blueberry bushes. Roll call vote was unanimous to approve. Extension Request Permits: Certificates of Compliance: Notice of Project Change: ENFORCEMENT: Violations (Enforcement Actions and Hearings) EO 23 Cove Road NON 205 Sunset, Beers lot- Anna reported she received the plans from Dillis & Roy and they will submit them at the June 21st meeting. Open Space and Land Use ===PAGE 6=== Howard Street Driveway- - Bob will be reaching out to Bill B. (DPW) to see if they have found money for the driveway. If he says no, Bob will ask the Select Board for money. Timber Sales – Bob stated he is hoping the loggers will be able to go into the Rayno property now. Authorization of Chair to Sign Unitil Release – for request to Unitil for used utility poles. Bob noted that all present bridges in Lunenburg were constructed from used utility poles and most were built by the Lunenburg Snow Riders. Right now, the DPW does not have poles available. In the near future, they will need to beef up the bridge at Hunting Hill and in 2-3 years to build a bridge over Mulpus Brook, by the Harold Harley viewing platform. Unitil is happy to give the poles but asked Bob to sign a release. Motion: ML, Second: MW To authorize Bob P. to sign the Unitil Release. Roll call vote was unanimous to approve. Conservation land improvements Committee Reports – Bob noted Rich T. will be the chair of the Stormwater Committee. Open space – no updates Communications/Public Comment – Anna stated she received an email from Karen Menard (Parks) in regard to an offer from a resident to plant a Red Maple Cultivar tree at the Town Beach. Rich B. said there is an exemption if native and hand dug. Bob asked Anna to let them know it needs to be a native Maple and hand dug. Bob noted there is a tool called United States Geological Survey Stream Stats. You can pick a spot on a stream and it will delineate and calculate the area of the watershed. Mike reported John Jones spotted Bobolinks at Hunting Hill and has supplied great pictures. Bob also noted he put chains on the bridges at the Lane property to prevent washing away in high water. Adjournment- Motion: MW, Second: ML To adjourn at 8:28pm. Roll call vote was unanimous to approve. ___________________________________________________________ Meeting schedule: Next meeting is June 7, 2023 at 7:00 PM by Zoom platform Respectively submitted, Jane Ranley, Minutes Clerk