===PAGE 1=== TOWN OF L UNENBURG Office of the Planning Board Tanner Cole, Chair Tel: (978) 582 -4147, ext 5 Matthew Allison, Vice Chair Fax: (978) 582 -4353 Paula Bertram, Clerk 960 Massachusetts Avenue Matthew Brenner, Member Lunenburg, MA 01462 Erik Torgers en, Member Adam R. Burney Land Use Director Marjorie J. Boggio Administrative Assistant Minutes December 13, 2021 Meeting Posted: Yes Place: Town Hall, 17 Main Street, Lunenburg, MA Time: 6:30 p.m. Present: Tanner Cole, Matthew Allison, Paula Bertram, Adam Burney Absent: Matthew Brenner, Erik Torgersen APPOINTMENTS: 101 Pleasant Street - Common Drive - Presentation was given by Trevor Fletcher, GRAZ Engineering, LLC, on behalf of property owner Daniel Gardner dba MA Pleasant, LLC . The zoning bylaw states that common driveways should be located along the common lot line. The applicant requested the Board allow the use of an alternate location as suggested by the Conservation Commission. The Commission requested the applicant use the location of the existing cart road, which would reduce the wetlands impact. An easement would be provided on both side s of the driveway for utilities, drainage, access, etc. P. Bertram made Motion to approve the relocation of the common drive with t he condition that the easement be structured so as to include maintenance and utilities, M. Allison Seconded . Discussion- T. Cole expressed an interest in seeing the easement language as the proposed drive would be almost fully located on only one of the properties, with little impact to the other property that would be sharing the drive . P. Bertram noted that the Board’s responsibility was to ensure the easement language note the inclusion of maintenance and utilities. It would be up to the property own ers/buyers to ensure their individual protection. The Motion passed unanimously . It was noted that the applicant did not provide any written correspondence from the Conservation Commission requesting relocation of the drive. The Board stressed that in s imilar future situations it would like to see a hard copy of the Commission’s request, not just verbal. 43 Summer Street - Uma Flowers - Representing the applicant was Attorney Valerio Romano. Uma Flowers was awarded a Community Host Agreement from Lunenb urg. The applicant wanted to discuss the filing of a special permit application with the Board without having to obtain further licensing from the Cannabis Control Commission (CCC). Attorney Romano’s opinion was that a provisional license from the CCC, a s noted in the Zoning Bylaw Section 250 -4.15(F)(11), would not be required for submission of a special permit application. The Board’s purpose in requesting a provisional license was to protect Lunenburg from applicants wasting the Board’s time when an applicant may not have the ability to obtain a license f rom the CCC. The applicant had opened a facility in Pepperell, MA and would provide in the application packet, that final license from Pepperell in place of obtaining a provisional license. T. Cole noted that Lunenburg was limited to two retail licenses. If the Board allowed an applicant to move forward with an application prior to completing the process with the CCC, the town was opening itself up to multiple applicants moving through the process at varying stages of the timeline. A. Burney would submit Attorney Romano’s correspondence to Town Counsel for clarification on the ambiguity between Sections 250 -4.15(F)(11) and 250-4.15 (K)(1). A. Burney recommended that for the record the Board take a vote on allowing Uma Flowers to utilize the Pepperell license for its provisional license with Lunenburg . P. Bertram made Motion to allow Uma Flowers to move forward with their special permit application, M. Allison Seconded, passed unanimously. PUBLIC HEARINGS: 324 Flat Hill Road- See separate minutes. ===PAGE 2=== Minutes 12.13.2021 Page 2 Agenda items below taken out of order. 97 Cross Street, 125 Cross Street, 430 Mulpus Road & 440 Mulpus Road - See separate minutes. DECISION: Review & Possible Vote to Approv e- P. Bertram made Motion to approve the Board’s Decision for 3 24 Flat Hill Road with Standard Conditions as noted and Special Condition #32. Construction hours of 7 a.m. to 5 p.m., Monday through Friday, 8 a.m. to 3 p.m., Saturday, with no construction on any Sunday or state or federal holiday , M. Allison Seconded, passed unanimously. MINUTES APPROVAL: P. Bertram made Motion to approve minutes listed below, M. Allison Seconded, passed unanimously. 11/15/2021 11/29/2021, 324 Flat Hill Road 11/29/2021 COMMITTEE REPORTS: TCP Building Design Committee- A joint meeting is scheduled for Tuesday December 14 th with the Select Board. Discussion will be on the future of the Committee. Agricultural Commission- A meeting is scheduled for Thursday December 16th. Storm Water Task Force- A meeting is scheduled for Thursday December 16 th. Open Space Ad Hoc Committee- No report. Capital Planning Committee- The DPW presented its requests to the Committee last week. The Committee is ready to begin prioritizing. Economic Development Committee- The Committee discussed its survey and intends to distribute it mid-January. There was also discussion of creating a business guide. MRPC- No report MJTC- No report DIRECTOR’S ITEMS: Water Supply Protection District- The Board viewed various documents that had been supplied to the Water District from the Department of Environmental Protection (DEP). The documents provided the Water District Commissioners with the information needed to satisfy the wellh ead protection conditions specified in the Order to Complete for its WMA (Water Management Act) Permit. The Water District had to demonstrate to DEP that it used its best efforts to have Lunenburg establish zoning controls. One of the documents the Board viewed noted items that were/were not covered in Lunenburg’s Water Supply Protection Di strict Bylaw, Section 250 -4.9. A. Bur ney would work on a new draft Water Supply Protection District Bylaw for 2022 annual town meeting. MEETING SCHEDULE: Meetings resumed at Town Hall with a hybrid model; both in-person and via Zoom. January 10 January 24 ONGOING ITEMS: Pond View Commons, LLC- No update Master Plan- No update BOARD COMMENT: Board members discussed meeting earlier. I t was n oted that one of th e Board members rarely attends meetings. A. Burney had a discussion with Town Counsel of the process involved to remove the member from the Board, if the Board members felt it was necessary. The next meeting would start at 6:00 p.m. ADJOURNMENT: P. Bertram made Motion to adjourn, M. Allison Seconded, passed unanimously. Adjourned 7:41 p.m. Documents used at meeting: 101 Pleasant Street- Request for Approval of Common Drive Handouts, Water Protection District Minutes: Draft Decision, 324 Flat Hill Road 11/15/2021 11/29/2021, 324 Flat Hill Road 11/29/2021