===PAGE 1=== TOWN OF L UNENBURG Office of the Planning Board Matthew Allison, Chair Tel: (978) 582-4147, ext 5 Tanner Cole, Vice Chair Fax: (978) 582-4353 Marisa Thompson, Clerk 960 Massachusetts Avenue Paula Bertram, Member Lunenburg, MA 01462 Member Adam R. Burney Land Use Director Marjorie J. Boggio Administrative Assistant Minutes March 9, 2020 Meeting Posted: Yes Place: Town Hall, 17 Main Street, Lunenburg, MA Time: 6:30 PM Present: Matthew Allison, Tanner Cole, Paula Bertram, Adam R. Burney Absent: Marisa Thompson 1325 MASSACHUSETTS AVENUE: Waiver Request from Site Plan Approval - The Applicants, Daniel and J ean Proctor, were represented by Frank McPartlan, Ducharme & Dillis Civil Design Group, Inc. (‘DDCDG’). At the previo us Board meeting the Applicant was informed that the Building Commissioner considered the earth removal a change of use that would constitute a site plan approval. This was then confirmed in the Building Commissioner’s letter dated March 2, 2020. Given the in-depth review process that has been ongoing with the stormwater permit, the Applicant , in a February 20, 2020 detailed letter to the Board, requested the requirement for site plan approval be waived. The stormwater permit application packet addressed many of the standards outlined in Code of Lunenburg, Section 250- 8.4. P. Bertram noted that the purpose of site plan approval is to ensure the project will “ not result in a detriment to the neighborhood or the environment”. She had numerous questions as to how the earth removal operation will take place; e.g. staff on -site facilities, dust control water supply. She stated the Stormwater Handbook requires a minimum of three deep holes in the proposed location of the infiltration basin. DDCDG responded that the revised plan indicate d test pits, which took place in February. She also question ed the location of abutting wells/septics and perc rate. She expressed concern with the review done by peer reviewer, Graves Engineering, Inc. (‘ GEI’); that some re quirements under the Stormwater Handbook were not initially performed and not noted in GEI review . Attorney Bowen, 1686 Massachusetts Avenue (attorney for the Applicant) addressed the Building Commissioner’s opinion memorandum regarding change of use. Atty Bowen asserted that the Building Commissioner did not state a site plan approval was “required”, only that it “could” warrant a significant change. Daniel Proctor noted there is typically a porta potty on site, there will not be any construction trailer s or office on site. For watering during dust, there will be a water truck (specified in the Earth Removal Permit), calcium flakes and Town water at the house located on the property . P. Bertram made Motion to deny the waiver request, T. Cole Seconded, a ll aye. D. Proctor requested a bulleted listing of all the Board’s concerns. Public Hearing- see separate minutes PUBLIC FORUM: Earth Removal Bylaw and Rules and Regulations - A. Burney gave a presentation noting the reasons for changing the bylaw, one of them being that earth removal would be better suited to a Land Use Board for permitting rather than the Board of Selectmen. There was a comparing of the existing bylaw and the proposed bylaw. The proposed bylaw increases the threshold for the amount of removal that would trigger a permit. Most earth removal permits will likely need a stormwater permit at some point, and if a Land Use Board is the permitting authority, this would allow for a single hearing. The proposed bylaw also allows for separate Rules and Regulations (‘R&R’) which would cover the permit application, public hearing process ===PAGE 2=== Minutes 03.09.2020 Page 2 and regulating the earth removal operation. Bringing earth into a site that may be shipped out or otherwise used would not be considered earth removal. T. Cole asked A. Burney to discuss native earth in terms of processing. Earth removal would be defined as taking native material out of the ground. P. Bertram made Motion to add the word “native” (in front of earth material) to t he definition of Earth, T. Cole Seconded. Discussion- M. Allison had concerns that it could still affect the neighbors and the local roads. All aye. Mark Bursch, 20 Buttonwood Place- Opined that the bylaw threshold of 1,500 cubic yards was too low. If a resident wished to do something on their property, the y would incur a financial impact with the cost of the permit and the hiring of an engineer. He felt the permit triggering threshold should be 5,000 cubic yards. The Board responded it had set a hi gher threshold than most communities. M. Bursch also felt the screening requirements in the R&R were too restrictive. He asked the Board to define site plan approval and its purpose. Once it was defined to him, he disagreed with the Board denying the wa iver for 1325 Massachusetts Avenue. He believed that as the Applicant did not know the final use of the site, a site plan approval should not be required. A. Burney responded that the Building Commissioner determined earth removal was a change of use fro m the current residential use of the property and was listed in the Code of Lunenburg, Ch. 250- Section 250-4.1., Use Table. Dan Proctor, 1529 Massachusetts Av enue- Requested clarification of the permit renewal process. He had concerns as the separation of ground water in current permits was four (4) feet. The proposed R&R specified no material removal within any elevation less than six (6) feet above seasonal high water table . Did that mean when his permit c ame up for renewal, that he would have to submit a new plan? A. Burney responded that in existing permits the Board could waive the six (6) feet. This also brought up the concern with new requirements for screening, but A. Burney noted that all current permit holders met the proposed screening. D. Proctor inquired if the proposed bylaw passe d would a ll earth removal over 1,500 cubic yards potentially require site plan approval as earth removal was a change of use in the Use Table. Bob Proctor, 99 Pleasant Street - Questioned the R&R offsets of 100 feet to a public way and 50 feet of any lot line. If an individual ha d a small lot to begin with, this would limit the allowable area for earth removal . P. Bertram responded that the Board is being less stringent than the surrounding communitie s. B. Proctor expressed that more and more permits are being put in place in Lunenburg, creating a financial burden on the residents. John Esposito, Mulpus Road- It is his opinion that the threshold of 1,500 cubic yard was too low; it should be 5,000. P. Bertram requested if anybody in the audience had specific instances where adherence to these R&R would be problematic, to please bring them forward. D. Proctor- Responded that the more restrictive it becomes, contractors will just tell themselves it’s not worth it. M. Bursch- Suggested the Board re -look at earth removal as a change of use. If it require d site plan approval, that is an added expense for the applicant. Katey Adams, Peninsula Drive - As a Select Board member, came to the realizat ion that the current bylaw was not being enforced. If it was, it would be more restrictive than the proposed bylaw as the current threshold is 10 cubic yards. She felt it was in the best inter est of Lunenburg to work on this proposed bylaw and R&R instead of st icking with the current bylaw. She inquired if the threshold was 5,000 cubic yards and the property was located in a water protection zone, how could the area be protected if the earth being removed is less than 5,000 cubic yards? M. Allison remarked that these R&R are to help Lunenburg. Numerous permits are sometimes the cost of doing business. The bylaws are to protect the residents; both those that do business in Town, and those that do not. ===PAGE 3=== Minutes 03.09.2020 Page 3 P. Bertram ha d concerns with the six (6) feet to g round water. A. Burney said there w ould be time to address that concern as that was covered in the R&R; only the bylaw would go to warrant for Annual Town Meeting. The main concern in the bylaw was the resident-preferred threshold of 5,000 cubic yards. A change could be made on Town Meeti ng floor if necessary. The Board will plan on reviewing the R&R to ensure an up to date draft will be available for citizens to view at Town Meeting when the bylaw is voted on. There was discussion of changing the groundwater offset from six (6) to four (4) feet. There was discussion of the cost entailed by current permit holders to comply with the R&R. Tom Alonzo, 284 Lancaster Avenue - Believed that if both the bylaw and R&R are available at Town Meeting, the citizens w ill be overwhelmed. He suggested that the Board keep the bylaw article, but tell the citizens that the R&R will be discussed at a future date. REMOVAL FROM CHAPTER, RIGHT OF FIRST REFUSAL (ROFR): 322 Flat Hill Road- M. Allison stated that the property was located across the street from his mother’s residence , but that he had nothing to gain financially from the removal from Chapter . The property owner wished to remove 10.5 acres from Chapter 61B. P. Bertram made Moti on to notify the Board of Sele ctmen that the Planning Board did not recommend the Town exercise its Right Of First Refusal, T. Cole Seconded, all aye. 57 & 63 Cross Road - P. Bertram made Motion to notify the Board of Selectmen that the Planning Board d id not recommend the Town exercise its Right Of First Refusal, T. Cole Seconded, all aye. Tract A, Holman Street & Northfield Road - This property was located at the northwest corner of Holman and Northfield. T here would be a removal of 8 acres, leaving 92 .8 in Chapter . T. Cole’s understanding was that to go through the Right Of First Refusal, there need ed to be a bona fide offer without contingencies ; this Purchase and Sale Agreement (‘P&S’) contained contingencies. A. Burney responded that prior to Boar d/Commission review, Town Counsel review ed all ROFRs for statutory compliance. 24.(f) of the P&S states, “ BUYER will deliver to SELLER a Town approved ANR Plan for Lots 1 and 2, and a Town approved plan for Lots 3, 4 and 5 prior to the date BUYER sells th e first lot from Tract “A ” . P. Bertram made Motion to notify the Board of Selectmen that the Planning Board did not recommend the Town exercise its Right Of First Refusal. 24.(h) was also noted which addressed possible adjustment of lot lines for the lo cation of acceptable wells. This raised Board concern that this could increase the acre removal from Chapter to accommodate well location. The Board requested a letter be sent to the Select Board noting concerns with the P&S, i.e., Condition (h), propert y description, lack of engineer stamp on plan, and possible reconfiguration of land to be withdrawn from Chapter. P. Bertram withdrew Motion. P. Bertram made Motion that such letter be sent to both the Select Board and the land owner, T. Cole Seconded th e Motion with amendment to involve Town Counsel, P. Bertram accepted and Seconded amendment. T. Cole wanted feedback from Town Counsel that this constituted a bona fide offer and P. Bertram wanted input from Town Counsel regarding the possible lot reconfi guration. All aye. Howard Street & West Townsend Road - Board was unable to discuss and recommend as a member was absent and one of the Board members present was the owner of 100 Howard Street. STORMWATER AND STORM SEWERS BYLAW: The CEI stormwater consultant questioned if the Board wanted Applicability to apply to disturbances of only 40,000 square feet or greater , or should it also specify development and redevelopment such as subdivisions and site plan approval. D.(5) exempted the Town from the sto rmwater permit if work was outside MS4, but not inside the MS4. Board members disagreed and felt if the people had to comply the Town should also. The consultant suggested a Low Impact Development (LID) bylaw , separate from the Stormwater Bylaw, could be put in place. The LID bylaw could apply to a disturbance within an area smaller that the 40,000 square feet. Discussion to continue. MINUTES APPROVAL: 02.24.2020- P. Bertram made Motion to approve, T. Cole Seconded, all aye. ===PAGE 4=== Minutes 03.09.2020 Page 4 COMMITTEE REPORTS: Capital Planning Committee- no report Storm Water Task Force- no report Agricultural Commission- no report TCP Building Design Committee- no report Open Space Ad Hoc Committee- no report Land Acquisition Committee- no report MRPC- P. Bertram noted she was on the nominating committee. There are funds available for culvert replacement. Requests must be submitted by March 25 th. Specific ecological standards must be met. A. Burney believed the DPW Director looked into this. M. Allison mentioned there are capital funds available for culvert replacement. DIRECTOR’S ITEMS: Citizen Party Caucus- Caucus scheduled for Monday March 16th. There are three Board positions up for election. TCP Middle/High School - Land Update - The Board was in possession of a TC Passios & Brooks House Conceptual Plan dated 04.05.16. The municipality owns the land that the buildings are on ; care and custody is assigned to individual bodies. Care and custody within Lot A is with the Town and th e Lunenburg School Committee has car e and custody of remaining land/buildings outside Lot A. The TCP Building Design Committee hopes to have the architect make a presentation at Annual Town Meeting, but at this time, there will not be a budget warrant article due to time constraints. MEETING SCHEDULE: March 23- 1325 Massachusetts Avenue, Stormwater Hearing continued Appointment with Chair of the Historical Commission for discussion of Community Preservation Act April 13-1325 Massachusetts Avenue, Site Plan Approval Hearing April 27- ONGOING ITEMS: Lunenburg Code, Section 250- 4.15., Solar Energy Systems- Lunenburg Code, Section 250- 6.1., Off Street Parking & Loading Areas- MGL, Ch. 41, Section 81D, Master Plan- PUBLIC COMMENT: Katey Adams, Peninsula Drive- Requested the Town Manager, Bui lding Commissioner or Town Counsel provides input on enforcement of the current earth removal bylaw in the event the proposed bylaw does not pass at Town Meeting. ADJOURNMENT: T. Cole made Motion to adjourn, P. Bertram Seconded, all aye. Adjourned 10:11 PM Documents used at meeting: Earth Removal Bylaw Earth Removal Rules and Regulations Removal from Chapter, 332 Flat Hill Road Removal from Chapter, 57 & 63 Cross Road Removal from Chapter, Tract A, Holman Street & Northfield Road Removal from Chapter, Howard Street & West Townsend Road Stormwater Bylaw – DRAFT Minutes, 02.24.2020 TC Passios & Brooks House Conceptual Plan dated 04.05.16.