===PAGE 1=== INITIALS _______ _______ _______ _______ _______ LUNENBURG PLANNING BOARD TOWN OF LUNENBURG Emerick R. Bakaysa, Chair Tel: (978) 582-4147, ext 5 Joanna L. Bilotta-Simeone, Vice-Chair Fax: (978) 582-4353 Thomas W. Bodkin, Jr., Clk. 960 Massachusetts Avenue Nathan J. Lockwood, Mbr. Lunenburg, MA 01462 Marion M. Benson, Planning Director 35 Leominster Road Public Hearing Minutes February 25, 2013 Meeting Posted: Yes Place: Town Hall, 17 Main Street, Lunenburg, MA 01462 Time: 7:00 PM Present: Emerick R. Bakaysa, Joanna L. Bilotta-Simeone, Thomas W. Bodkin Jr., Nathan J. Lockwood, Marion M. Benson Chair opened the Public Hearing with the reading of the legal notice published in the Sentinel and Enterprise on February 11 and February 18, 2013. The Hearing was to hear and discuss a Special Permit under Section 4.2., Subsection 4.2.3.4. of the Protective Bylaw of the Town of Lunenburg. The Special Permit is for 35 Leominster Road for a saw mill operation and workshop. Owner is Lunenburg Realty, 12 Brook Street, Wellesley, MA 02482. Applicant is Brian Brown, 35 Leominster Road, Lunenburg, MA 01462. Mr. Bodkin Jr. recused himself from the Hearing. Mr. Brown is requesting a special permit for the sawmill operation on the site. He feels abutters have issues as the site is currently an “eyesore”. He states this is because he is restoring a large house and building a barn on the site. Mr. Bakaysa noted Building Official letter dated March 29, 2012, which informed Mr. B rown that the letter was serving as a “CEASE AND DESIST ORDER” as the applicant did not have the proper approvals in place. (Complete letter on file in Planning Office.) Mr. Brown stated that after meeting with Mr. Sauvageau, the Cease and Desist was lif ted as he came into compliance with the letter. He noted that the sawmill will not be used on weekends or holidays. It will operate between 9 AM and 5 PM. He noted he also met with Fire Chief Sullivan. He plans for the barn to contain approximately 90% of the operation. Mr. Lockwood asked if the mill would be located inside the barn. No, the mill is currently located in another building, and it will remain there. Mr. Bakaysa noted February 13, 2013 electronic mail from Fire Chief Sullivan to Ms. Benson, which contained Chief Sullivan’s Conditions (see below). 1. Permit to be obtained from Fire Department. 2. All weather access to be maintained for fire apparatus to and from sawmill and barn. Surface shall be durable and not subject to mud conditions. Asphalt, graded base or similar solid material. Suitable solid area to allow fire apparatus to turn around in yard shall be maintained. 3. No yard storage of raw materials or finished product. All materials to be stored within barn. 4. Storage of waste mat erials (bark, sawdust, etc.) for use in composting ONLY shall be allowed; said storage shall not exceed 300 yards; storage shall be neat and orderly. If piled, pile shall have minimum 25 foot clearance from structures or nearby combustibles. 5. Current accumulations of waste materials to be removed (recommend no more than 6 months to remove current waste materials). 6. General area to be kept free from weeds, grass, etc., especially around structures or waste storage area. 7. No smoking in sawmill or barn; also no open burning on site. ===PAGE 2=== Minutes 35 Leominster Road Public Hearing 02.25.13 Pg 2 8. Sawmill and barn to be equipped with suitable fire extinguishers in accordance with NFPA 10. (Based on sizes shown on plan, minimum 1- 4A rated extinguisher in each building.). 9. Suitable notification method for emergencies in sawmill. A working cell phone with adequate signal in possession of the sawmill operator shall be sufficient. Furthermore, while not required, we would always recommend a monitored fire alarm system and/o r automatic sprinklers for the structures in question. Mr. Lockwood questioned noise levels in a residential district. Noise levels can be regulated under Zoning Bylaw Section 4.2.3.4. c) and Section 6.6. Mr. Sauvageau, Building Official/Zoning Officer gave background, noting home occupation business allowed under the Zoning Bylaw. He also noted property was under agricultural preservation exemption, which allows certain uses. Lumber milling is allowed under agricultural preservation provided the trees are from the same piece of property. He no ted that Mr. Brown has come to him twice for a home occupation, but Mr. Sauvageau did not sign off on it because he wanted Mr. Brown to come before the Planning Board for a Special Permit. If he brought wood in from off-site it would have to be stored out of sight. Mr. Brown noted proposed location of new barn. Ninety-nine (99%) percent of the lumber will be contained with in the barn. The barn will also house his building shop. The existing shed will house the saw mill. Mr. Bakaysa read into record abutter letter (attached). Proponents- Jeff Mendoza, 162 Lancaster Avenue- No issues with project. Opponents- John Murphy, 125 Lancaster Avenue - Spoke on behalf of individuals who submitted above letter. Felt the property has been “jewel of historic property” and concerned with deterioration of property. Feel s neighborhood is being submitted to “industrial activity”. Concerned with noise and visual pollution. Attorney Robert Bowen, representing Kent Russell and Aisling Gaughan, 73 Lancaster Avenue - Submitted correspondence to Planning Board (on file in Planning Office). Disagrees with Building Official. Does not believe Mr. Brown has the right to a special permit - inappropriate location for this type of structure - concerned with hours of operation, sound, air pollution. Gare Thompson, 10 Whiting Street - Devalues houses, thinks a time limit should be placed on clean up. Concerned with logging trucks parking on street. Tom Mulholland, 2 Leominster Road- Questioned if the individual carrying out the home occupation ha d to be the property owner. Mr. Sauvageau responded that the individual has to live there, but does not have to be the owner. Lucia Kidney, 86 Lancaster Avenue - Where is access for fi re equipment? Chief Sullivan noted they do have access to the property. Bonnie Reynolds, 91 Lancaster Avenue - Inquired as to limitations of work, e.g., can wood be produced that will go off -site for other purposes? Mr. Brown responded that approximatel y 75% of the lumber they cut remains on site. They do intend to sell some of the remaining to furniture builders, etc. Mr. Sauvageau noted that would be permitted. Richard Leslie, 89 Leominster Road- Inquired where alternate access is for fire apparatus. Mr. Bakaysa responded that to do so would require easement over a neighboring property. Chief Sullivan noted if the road existed it could be used, but his understanding is that it does not exist at this time. It was clarified that the existing drive is wide enough for fire apparatus. Mary Ann Sudolnik, 247 Highland Street - Concerned with historic preservation of Town Center. Ms. Benson noted the district is a district of design and does not have any regulations that can be applied, e.g., all doors mu st be painted white. Rebecca Marshall-Waggett, 376 Mulpus Road - Asked for clarification on special permit process. Mr. Bakaysa responded that if a special permit is granted, it contains findings and directives that are legally defensible. If the Planning Board denies a special permit it has to be extremely conscious as to why it is being denied and would again have to contain legally defensible arguments. He also noted if granted, the special permit directives could contain a compliance date. Attorney Bowen- Feels the Board has wide discretion to deny special permit if it adversely affect s the neighborhood. Mr. Bakaysa stated that putting a saw mill in does not detract from the rural character of the community, as years past it was once the fabric of the community. (He noted that his vote will not be affected by this comment.) Aisling Gaughan- Concerned with noise level. ===PAGE 3=== Minutes 35 Leominster Road Public Hearing 02.25.13 Pg 3 Lucia Kidney- Concerned with property devaluation. Doesn’t Board have to take this into consideration? Robert Beck, 106 Houghtons Mill Road - Concerned with property deterioration, noise concerns. He is also concerned that this will set a precedent for other permits. Ms. Bilotta-Simeone responded that this permit is only for 35 Leominster Road. Al Dettenrieder, 72 Lancaster Avenue - Timeline for construction? Mr. Sauvageau noted that a special permit must be recorded at the Registry of Deeds and there is a timeline in which an applicant must exercise a special permit. Mr. Bakaysa noted that the building of the barn MAY not be a part of the Special Permit. Bonnie Reynolds- Can the o utput off-site from this operation be limited, e.g. truck traffic. Mr. Bakaysa noted Directives can be put in place. Mr. Sauvageau clarified that applicant is before the Board for a saw milling permit. He can do the home occupation. Ms. Benson noted citizen letters were submitted to the Planning Office prior to this evening’s Hearing. June Dettenrieder, 72 Lancaster Avenue- Concerned with historic district and how soon lumber can be cleaned up. Mr. Brown responded that’s important to him ; he feels the issue is the mess at the rear. The lumber is currently taking up so much space because it’s not stacked. Once he has the lumber ins ide a building, it will be an improvement to the Town. He did not respond to questions pertaining to a timeline. Ms. Benson asked for a direct timeline in his business plan to complete t he barn. He noted it could take up to two years to build the barn; will start it this summer. Mr. Murphy stated that a two year time line is not acceptable. Mr. Lockwood inquired if the Special Permit is denied, is there a Bylaw that governs the unsightliness. Mr. Sauvageau referred to Section 4.2.1.1.m)3. in regards to a home occupation . Mr. Lockwood inquired of Mr. Brown how can the noise be mitigated. Mr. Brown responded that the saw mill cannot be made any less quiet ; but it runs infrequently. Mr. Lockwood suggested that the Special Permit could limit the numbe r of hours the saw mill runs per year. Mr. Brown felt it probably ran 150 hours per year in the past. Mr. Lockwood suggested that possibly the Directives could limit the saw mill to 300 hours per year. Mr. Bakaysa inquired if fencing would be an altern ative to mitigate the unsightliness and noise. Mr. Brown felt that would be more unsightly then the current condition. The Board discussed whether to close the Hearing or continue it. The next regularly scheduled meeting date would be March 11th. As Town Caucus is also March 11 th, the Board came to consensus to have draft Findings and Directives prepared for a Board meeting to be held March 4 th, Ritter Memorial Building, 6:30 PM. Subsequent to the meeting on the 4 th, the Board will set a hearing continuation date. Motion to continue the Hearing to a date TBD on March 4 th, Ms. Bilotta-Simeone, Second, Mr. Lockwood. Hearing recessed 9:15 PM. Minutes/public hearings 2013/35 Leominster Road 02.25.13