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CORPORA
Adam R. Burney
Land Use Director
Marjorie J. Boggio
Adminisirative Assistant
Minutes
January 8, 2018
Meeting Posted: Yes
Place: Town Hall, 17 Main Street, Lunenburg, MA
Time: 6:30 PM
Present: Gregory Bittner, Matthew Allison, David Prokowiew, Michael-Ray Jeffreys (left at 9:50 PM), Adam R. Burney
Absent: Kenneth Chenis
PUBLIC COMMENT: Tanner Cole, 563 Massachusetts Avenue. Speaking as a small business owner, he would like the Board
to consider amending the sign bylaw to allow a freestanding sign in front of a building without having to go through Planning
Board review. He opined that to go through the bylaw process can be quite a financial expense for a small business; the
engineering could end up costing more than the sign. He noted that in Lancaster, MA a sign can be erected of less than 30
square feet in the commercial district. M. Jeffreys commented that he feels signs should come before the Board, but an
applicant can request all rules to be waived. T. Cole responded that it just puts another obstacle in the way of small businesses;
it does not foster economic development. There will be continued discussion at the Board's January 22nd meeting.
APPOINTMENTS:
40 Summer Street, Pre-Submittal Meeting- Carlos Terrero and Aaron Cosgrove requested a waiver from the Board's site plan
The Board, at its December 11, 2017 meeting, questioned whether the Zoning Board of Appeals (ZBA)
approved the Applicant for twenty (20) or fifty (50) vehicles. Clarification was provided from the ZBA Secretary that the Decision
was for fifty (50) vehicles. M. Jeffreys made a motion to grant the waiver as requested, seconded by D. Prokowiew, all
aye.
Stone Farm Estates, Closeout & Bond Release- John Scribner, Stone Farm LLC, requested that the surety be reduced. The
suggested amount to be retained, provided by the Board's reviewing engineer, was $27,000.00 based upon a 15% adjustment
for prevailing wages. The $ 27,000.00 is for completion of construction-phase items not finished prior to the developer turning
over ownership to the condominium association. D. Prokowiew made a motion to release $ 740,984.25 from the remaining
balance of $ 767,984.25; to leave a balance of $27,000.00, seconded by M. Jeffreys. Discussion: M. Allison inquired if the
$ 27,000.00 is for completion of the work; yes; this is what it would cost if the Town has to complete the work. Elaine Mroz of the
Stone Farm Condominium Association inquired as to the incentive for the developer to complete the work if only $ 27,000.00 is
being withheld and the work will cost $ 27,000.00. A. Burney responded that the $ 27,000.00 is using prevailing wage Town
cost. The developer's engineer submitted a cost of slightly less than $ 15,000.00. It is possible that the developer may be able
to complete the work for under $ 15,000.00, and if so, will want to get back any remaining funds. All aye.
Lake Whalom Overlay District, Board Discussion- A. Burney gave a brief summary, noting that the Board had received two
previous applications for 274 Prospect Street located in the Lake Whalom Overlay District (LWOD). Both applications were
withdrawn after different issues; density of the development being a major factor. There is now a third applicant proposing a
similar development. Three different opinions had been previously provided to the Board as to interpretation of the density; two
from the previous Building Commissioner/Zoning Enforcement Officer (BC/ZEO) and one from previous Town Counsel. In one
letter the BC/ZEO stated that density would be determined by the Planning Board as part of the special permit. In another letter,
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responded that it is the density language contained in the LWOD Bylaw. A. Burney noted that the current BCIZEO is not bound
by a previous determination. M. Jeffreys opined that if you are talking about land that is less than ten (10) acres, you are not
necessarily talking about the LWOD, but the underlying zoning district. He went on to note that if it is densely populated, a
variance is required from the ZBA. Neither M. Jeffreys nor G. Bitter felt that another opinion peeded to be solicited. M. Allison
was of the opinion that it would be a waste to put only three (3) dwelling units on 3.5 acres.AA. Burney feels the Board has the
ability to allow more than one unit per lot, with a lot being the equivalent of one acre in the LWOD. D. Prokowiew questioned if
the Board can come to an appropriate densily consensus, regardless of an application, and does the Board have the right to
change the density. Both G. Bittner and-Modeffrey were of the opinion that the Board had discretion to set the density. M.
Allison was more concerned with the aesthetics of a development from the abutters' viewpoints than the density. He felt it would
be sensible to get an opinion from the BIZEO and/or the ZBA. There will be continued future discussion. A. Burney will ask the
BIZEO if an applicant can seek relief through the ZBA for the ten (10) acre requirement.
APPOINTMENT: 214 Prospect Street, Pre-Submittal Meeting- The prospective applicant was represented by Wesley Flis,
Whitman & Bingham Associates (WBA). W. Flis noted his understanding of the history of the LWOD, remarking that the former
Planning Director was a major force in its creation. Only two landowners were put under the LWOD. There didn't need to be ten
(10) acres to be developed. This piece of property has always been in the LWOD so why would the LWOD Bylaw require ten
(10) acres of property, when this piece is only 3.5+ acres. He went on to state that this proposal meets all requirements except
for density. He noted that the Emerald Place Development was developed at eight (8) units per acre. He conveyed that both the
prospective applicant and legal representation feel that the Board can grant a special permit, even if it is less than ten (10) acres
as long as the applicant does not ask for any other variances from the dimensional offsets. He feels that under §250-4.12.E.(2)
the density for the LWOD "...shall not be more than eight units per acre...
He is asking if his client can apply under a special
permit for more than three (3) units; if not, he doesn't want to waste the client's money. They are asking for eighteen (18) units.
Is the Board able to grant a special permit for eighteen (18) units?
WBA was of the opinion that they would not be able to receive a ZBA variance. To obtain a special permit from the Planning
Board, an affirmative super majority vote of four (4) would be required. M. Jeffreys noted he would vote no, G. Bittner opined
that the Board has the ability to pick a density between three (3) and eight (8), D. Prokowiew would like to see what the applicant
is proposing.
/ Visits
dinnere 8 Units for Acre
WBA presented a concept plan; eighteen (18) units, all 55+, two bedrooms, with two of the units being affordable. For
aesthetics, the back side of units facing Pond Street and Kimbail Street will be ouffitted to look like the front of a unit. Nineteen
(19) parking spaces are proposed along Kimball Street, along with a sidewalk. Units on the upper side of the site would have
one-car garages, units on the lower, two-car.
D. Prokowiew asked if the applicant would consider an outside common area, e.g., benches where the crossover is at Kimball
and Prospect to Parcel A on the lake. M. Allison wondered if the interseclion at Kimball and Prospect could be improved. M
Jeffreys felt that if the property owner could get support in the neighborhood, ten (10) signatures could be obtained in hopes of
amending the LWOD Bylaw at spring town meeting. D. Prokowiew would like to see unit scale in relation to neighboring homes.
MINUTES APPROVAL: All minutes approved
12/04/17, Executive
12/11/17
COMMITTEE REPORTS:
Capital Planning Committee- Committee to begin prioritizing departmental requests.
Storm Water Task Force-no meeting
Agricultural Commission- no meeting
School Building Committee- no report
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DIRECTOR'S ITEMS:
Lot 5, Prospect Street & Cross Road: Chapter 61B- The Board needed to provide a planning opinion to the Board of
Selectmen as to whether or not the Town should consider purchasing the property. Both M. Jeffrey and D. Prokowiew felt that
the Town should purchase the property. M. Allison and G. Bittner agreed that it was not financially feasible for the Town. A.
Burney will inform the Board of Selectmen.
District Local Technical Assistance (DLTA) The Town continues to pursue economic development through DLTA. The
Town could work with MRPC to set further priorities for housing; the Town's Housing Production Plan is effective through 2020.
Tri Town Landing is contemplating modifying its existing plan by taking the remaining family units and turning them into senior
Definitions and Use Table. The Board worked on finalizing the language up to page 11 of the December 11t draft.
MEETING SCHEDULE:
January 22 - Continued discussion of Sign Bylaw and LWOD Bylaw
January 29 - Potential workshop on Definitions and Use Table
February 12
February 26
PUBLIC COMMENT: None
ONGOING ITEMS:
Economic Development
Code §250-4.16. Registered Marijuana Dispensaries
Code §250-4.15. Solar Energy Systems
BOARD COMMENT/CONCERNS:
Student Initiative
ADJOURNMENT: 10:00 PM
Documents used at meeting:
) Summer Street- Request for Waiver
one Farm Estates, Riley Road- Request for Bond Releas
274 Prospect Street - Conceptual
Minutes- Executive 12/04/17, 12/11/17
Definitions and Use Table, DRAFT
District Local Technical Assistance, Request for Service Delivery
Minutes/2017/12.11.17