===OCR macOS Vision===
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Gregory Bittner, Chair
Matthew Allison, Vice Chair
Kenneth Chenis, Clerk
David Prokowiew, Mbr.
Michael-Ray Jeffieys, Mbr.
RECEIVED & FILED
TOWN OF LUNENBURG
NOV 2& 2017
Office of the Planning Board
LUNENBURG TOWN
CLERK OFFICE
Tel: (978) 582-4147, ext 5
Fax: (978) 582-4353
960 Massachusetts Avenue
OFLELES
218
INCORPORA
Lunenburg, MA 01462
Adam R. Burney
Land Use Director
Marjorie J. Boggio
Administrative Assistant
Minutes
November 13, 2017
Meeting Posted: Yes
Place: Town Hall, 17 Main Street, Lunenburg, MA
Time: 6:30 PM
Present: Gregory Bittner, Matthew Allison, Kenneth Chenis, David Prokowiew, Michael-Ray Jeffreys, Adam R. Burney
Also Present: Attorney Adam Costa - Town Counsel
994 Northfield Road- Deliberation: G. Bittner noted the Public Hearing had been closed. He noted a document received from
behalf of the Applicant, stated they did not wish to reopen the Public Hearing.
Board members provided comments as follows:
M. Jeffreys - Stated he provided his comments at the last meeting. His assessment had not changed and he does not find the
proposal to be compliant with the Bylaw. He went on to thank the property owner and Applicant for putting together the proposal.
He also thanked the residents for their input.
D. Prokowiew - Stated that the Applicant had not met the criteria contained in Code of Lunenburg, § 250-4.15, D.(3). He read a
two page statement into record, summarizing it with the statement that this particular solar development "would substantially
derogate from the intent and purpose of this bylaw to protect existing neighborhoods from the impacts of large-scale
industrial/commercial uses in residential areas".
K. Chenis - He felt that the Applicant did a good job of meeting the Board's expectations for compliance with the Bylaw. He went
on to state that this would be an appropriate use for the land to sustain the future of the golf course and would be a financial
benefit the Town. He opined that there could be worse uses than solar, e.g., residential subdivision.
M. Allison - He was in agreement with all three prior Board members' comments. He felt the use was not appropriate for the
area and that the Applicant had not met the standards set forth in the Bylaw.
G. Bittner - He had concerns with the size of the project and impact to abutters. He went on to state that the Applicant did not
mitigate the impact to the abutters and was not wiling to compromise.
Attorney Costa briefed the Board on procedural issues. There were two applications before the Board; special permit and site
plan approval. For the special permit, a super-majority vote is required. To approve the special permit the Board needs to make
affirmative findings to each of the standards in the Bylaw; to deny, the Board need find that only one criterion was not met. He
touched upon the correspondence received on November 9, 2017 from the Applicant's counsel stating that it had been received
after the close of the Public Hearing, and therefore could not be considered. (As mentioned above, the Applicant declined the
opportunity to reopen the Hearing in order to get the correspondence into record and considered as part of the deliberation.) Site
plan approval requires a separate vote (simple-majority). The Board gave the Applicant the opportunity to withdraw its
application. Attorney Bowen, on behalf on the Applicant, stated that the Applicant was not interested in withdrawing the
application.
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Minutes, 11.13.17
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Motion, M. Jeffreys, to deny the special permit for the project at 994 Northfield Road, Second, D. Prokowiew, M.
Jeffreys, aye; D. Prokowiew, aye; K. Chenis, nay; M. Allison, aye; G. Bittner, aye. The special permit was denied by a
otion, M. Jeffreys, to deny the proposal for site plan approval for 994 Northfield Road, Second, D. Prokowiew, I
effreys, aye; D. Prokowiew, aye: K. Chenis, nay; M. Allison, aye; G. Bittner, aye. The site plan approval was denied b
Attorney Costa requested if the Board would like him to prepare the Decision; they responded affirmatively.
PUBLIC HEARINGS:
234 Summer Street- see separate minutes
5 & 9 Electric Avenue- see separate minutes
APPOINTMENT: 221 Goodrich Street- Common Driveway- Presented by Rob Oliva, David E. Ross Associates, Inc. Due to
the topography, the Applicant is requesting approval of a common driveway to serve two lots; Lots 4 and 5, 221 Goodrich Street.
A house is proposed on Lot 5. The proposed driveway will come from Goodrich Street. The grade is under 12% where it comes
in off Goodrich Street, but increases to approximately 15.2% by the time it reaches Lot 5.
Both M. Jeffreys and G. Bitter questioned if this fell within the Board's discretion. As the grade exceeds the 12% allowable
under §250-6.4.C.(2)(d), would it require a Zoning Board of Appeals decision? A. Burney noted that the Building Commissioner
will have to make a separate determination and the Fire Chief has noted that he plans to go and view the driveway before
making his recommendation. M. Allison does not see an issue with the common driveway as the Applicant is not affecting the
sight lines and will be keeping the same curb cut.
R. Oliva inquired who he should approach as some of the Board members opined that this was not within their purview.
Consensus was that he should speak to the Building Commissioner/Zoning Enforcement Officer. A. Burney noted that R. Oliva
had already spoken with the Building Commissioner/Zoning Enforcement Officer and was informed that he could not get a permit
as he has a common drive that splits the lot. The Applicant was then sent to this Board. The Building Commissioner/Zoning
Enforcement Officer did not indicate to A. Burney if a filing would be required with the Zoning Board of Appeals.
R. Oliva asked if the Board would support the driveway location.
Motion, K. Chenis to approve location only of the shared driveway, Second, M. Allison. Discussion- G. Bittner wanted to ensure
that grade did not enter into this Motion. Some Board members felt that approving the grade was outside their purview.
K. Chenis withdrew his Motion.
Motion, M. Allison, that a letter be drafted stating that the Planning Board reviewed the application for a shared
driveway plan. Upon discussion, the Planning Board does not feel that it has the jurisdiction to approve a common
driveway for a shared use existing greater than 12%, Second, D. Prokowiew, D. Prokowiew, aye; K. Chenis, abstain; M.
Allison, aye; G. Bittner, aye; M. Jeffreys, aye. Motion passed with one abstention.
PUBLIC HEARING: STM Warrant Articles- see separate minutes. Motion, M. Allison to endorse the proposed change,
Second, K. Chenis, all aye.
MINUTES APPROVAL: All minutes accepted. Motion, M. Jeffreys, that Marjorie Boggio's name (Administrative Assistant),
be added to the Board's documents moving forward, Second, D. Prokowiew, all aye,
09/25/17
09/25/17, 994 Northfield Road
10/10/27, Workshop with Board of Selectmen
10/16/17, Workshop
===PAGE 3===
Minutes, 11.13.17
Page 3
10/23/17
10/23/17, 994 Northfield Road
10/23/17, 5 & 9 Electric Avenue
COMMITTEE REPORTS:
Capital Planning Committee- Meeting November 14.
School Building Committee- No meeting
Green Community Task Force (GCTF)- MRPC consultant was present at last meeting. Grant submission due in January
2018.
Stormwater Task Force- No meeting
Agricultural Commission- Preparing Articles for spring in conjunction with looking for an open public market space.
MJTC- K. Chenis unable to attend last meeting.
MRPC- Discussion on Community Compact and grant monies available.
Open Space Ad Hoc Committee- No meeting
Charter Review Committee. Will be reviewing Articles 1 and 2 at next meeting. Exploring changes to town meeting, e.g.
spread out over multiple days, weekdays, etc. to increase citizen participation.
DIRECTOR'S ITEMS: Definitions and Use Table- tabled
MEETING SCHEDULE:
November 27- Public Hearing for 1 Main Street
November 28 - Special Town Meeting 7:00 PM, Middle/High School
December 11
PUBLIC COMMENT: M. Allison noted progress being made at the economic development sessions.
ONGOING ITEMS:
Charter Review
Economic Development- Board of Selectmen to schedule meeting
Complete Streets
BOARD COMMENT/CONCERNS:
Code §250-4,16. Registered Marijuana Dispensaries. He is proposing changes to the current §250-4.16. for it to be more
compliant with the December 2016 changes to Ch. 40A, MGL.
Student Initiative- Noted a Student Initiative he is proposing and requested Board's support to continue pursuing.
ADJOURNMENT: 10:30 PM
Documents used at meeting:
Board Member's Statement regarding 994 Northfield Road
Minutes-
9/25/17
9/25/17-994 Northfield Road
10/10/17-Workshop
10/16/17-Workshop
10/23/17
10/23/17-994 Northfield Road
10/23/17-5 & 9 Electric Avenue
221 Goodrich Street- Request for Common Driveway
Section 250-4.16. Registered Marijuana Dispensaries - DRAFT
Student Initiative handout
Minutes/2017/11.13.17