===OCR macOS Vision===
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TOWN OF LUNENBURG
Office of the Planning Board
Gregory Bittner, Chair
Matthew Allison, Vice-Chair
Kenneth Chenis, Clk.
David Prokowiew, Mbr.
Michael-Ray Jeffreys, Mbr.
MASS
RECEIVED & FILED
NOV 2L 2017
LUNENBURG TOWN
CLERK OFFICE
Tel: (978) 582-4147
Fax: (978) 582-4353
960 Massachusetts Avenue
Lunenburg, MA 01462
Adam R. Burney
Land Use Director
Marjorie J. Boggio
Administrative Assistant
Minutes
Public Hearing
234 Summer Street
November 13, 2017
Meeting Posted: Yes
Time: 6:54 PM
Place: Town Hall, 17 Main Street, Lunenburg, MA 01462
Present: Gregory Bittner, Matthew Allison, Kenneth Chenis, David Prokowiew, Michael-Ray Jeffreys, Adam R. Burney
The Public Hearing was to hear and discuss a modification to a Site Plan Approval under §250-8.4. of the Code of the Town of
Lunenburg, MA to place a fence on the property line at 234 Summer Street (Map 117, Parcel 0031).
A Condition of a Zoning Board of Appeals Special Permit issued May 25, 2016 was for the erection of a solid construction fence
on the west side of the property. The Planning Board issued a Site Plan Approval June 13, 2016 to replace the existing retail
facility with a single family home. The application submitted for that Site Plan Approval included a proposed viny privacy fence.
The Applicants, Stanley and Lydia Miller, noted a National Grid letter dated May 5, 2017. The letter stated that National Grid
opposed the fence construction as it would be located within a National Grid and Boston Gas Company ten foot (10) easement
area.
G. Bitter noted that he viewed the Board Hearing from May 23, 2016 and June 13, 2016, in which the Board agreed to allow the
Applicant to put the fence on the property line.
S. Miller stated that there is one foot (1) between his house and the beginning of the easement (driveway), which is shared with
the abutter.
K. Chenis recommended amending the Site Plan Approval to remove the fence requirement.
A. Burney's understanding was that the easement came off of the building nine feet (9) with one foot (1') between the easement
and the property line.
The Applicant stated the easement is twenty feet (20') wide, shared equally between the Applicant and immediate abutter.
M. Jeffreys noted he would be abstaining from a vote on this Modification as he was not a Board member at the time of the 2016
Site Plan Approval application.
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Minutes, Public Hearing
234 Summer Street
11.13.17
Page 2
Attorney Vincent Pusateri, on behalf of Dino Piermarini, 236 Summer Street, noted that this is a dispute between two neighbors
that have shared a property line with a common drive for a number of years. He opined that the entire project will now be called
into question if the fence, required by the Zoning Board of Appeals, cannot be erected due to the easement. He asked that the
Board deny the request for a Modification to the Site Plan Approval. He recommended the Applicant should approach D.
Piermarini to see what can be done. Placing the fence directly on the property line would be an imposition to his client.
A. Burney did a search on the registry website, which indicated that the easement was recorded in 1994. D. Piermarini's deed
was recorded in 1992; no easement was recorded for D. Piermarini's property. The easement is the nine feet (9) on the
Applicant's property. It was his opinion that the confusion was around the fact that the driveway is on both properties. G. Bittner
suggested the Applicant seek relief from National Grid.
A. Burney noted that the Board has various options. 1) Deny the Modification, 2) give the Applicant an opportunity to withdraw
without prejudice, approach National Grid, and then return before the Board, 3) withdraw the application and go before the
Zoning Board of Appeals for a modification to remove the fence, or 4) allow both parties to work the issue out between
themselves. The Board could also continue the Hearing to allow the Applicant time to obtain more information from National
Attorney Pusateri noted a June 27, 2017 National Grid letter to D. Piermarini which stated in part that installation of a fence at the
ten foot mark would not be an issue. The Applicant stated he would be willing to put the fence on the ten toot 10) mark (the
property line). This would also be in agreement with the 2016 Site Plan Approval. A. Burney responded that the 2016 Site Plan
Approval also states that the Applicant shall build to the approved plan and the plan shows the fence six inches (6") from the
property line.
Motion, D. Prokowiew to continue the Hearing to a date certain, Second, M. Jeffreys. The Applicant asked if they could withdraw
their application. G. Bittner noted to the Applicant that there was a Motion on the table. D. Prokowiew withdrew his Motion,
Seconded, M. Jeffreys. The Applicant again asked if they could withdraw their application.
There was Board discussion with some members opining that the fence was supposed to be placed on the property line and
others that it was to be placed six inches (6") off the property line. K. Chenis requested that the Board have a follow-up
discussion on this Decision strictly to clarify the Board's intent.
At Attorney Pusateri's request the Board recessed the Hearing to allow for discussion between the Applicant and D. Piermarini.
Motion, M. Jeffreys to recess Hearing, Second, K. Chenis, all aye.
Hearing recessed 8:26 PM
9:06 PM - Motion, K. Chenis, to come out of recess, Second, D. Prokowiew, all aye.
The agreement reached between the Applicant and D. Piermarini was that the fence will be constructed on the westerly property
line, but not over the line and all property markers currently on the property shall be entirely visible from the property of D.
Piermarini at 236 Summer Street. The fence will run from the front property line to the grade break towards the property rear as
shown on the approved plan.
There will be no change in the fence height as originally approved by the Board.
The Applicant requested to withdraw without prejudice. Motion, K. Chenis, to accept withdrawal without prejudice, Second,
D. Prokowiew, M. Jeffreys, abstain; G. Bittner, aye; M. Allison, aye; K, Chenis, aye; D. Prokowiew, aye. Vote passed
with one abstention.
Documents used:
Application for Modification to Site Plan Approval dt 11.06.17
Minutes/public hearings 2017/234 Summer Street 11.13.17