===PAGE 1=== TOWN OF L UNENBURG Office of the Planning Board Matthew Allison, Chair Tel: (978) 582 -4147, ext 5 Matthew Brenner, Vice Chair Fax: (978) 582 -4353 Amanda Reid, Clerk 960 Massachusetts Avenue Erik Torgersen , Member Lunenburg, MA 01462 Member Adam R. Burney Land Use Director Marjorie J. Boggio Administrative Assistant Minutes Public Hearing Town Meeting Warrant Article – Citizen Petition October 24, 2022 Meeting Posted: Yes Place: Town Hall, 17 Main Street, Lunenburg, MA Time: 6:05 p.m. Present: Matthew Allison, Matthew Brenner, Amanda Reid, Adam Burney Absent: Erik Torgersen The hearing was to hear a citizen’s petition to amend the Zoning Map by rezoning a portion of the land located at 199 Massachusetts Avenue (Par cel 074-0051-0000) from Residence A to Commercial District so the entire lot is in the Commercial District. ARTICLE XX To see if the Town will vote to amend the Zoning Map by rezoning a portion of the land located at 199 Massachusetts Avenue from Residence A to Commercial District so the entire lot is in the Commercial District, as shown on a plan on file at the office of the Town Clerk, Select Board and Planning Board, or take any other action thereto Property co-owners Michael and Mark Chapdelaine (article petitioners), noted they had owned the property for 53 years. They became aware that a portion of the property was zoned Residence A when they began to research leasing a portion of the property. The property consisted of ~17 acres, but o nly about 1/3 of the property was zoned Commercial. The property ha d been used commercially since 1938 by both current and prior owners. The Chapdelaine’s had approached A. Burney as to available options. A. Burney noted the property had been used commercially f or probably the past 80 -90 years; there was an assumption of pre-existing, non-conforming commercial use. If the Town voted against the Zoning Map amendment, there were other options at the petitioners’ disposal ; i.e., a Zoning Board of Appeals special pe rmit. It would be more beneficial for a “hard codified” zoning change. If the use remain ed pre-existing, non-conforming, other uses could be brought onto the property ; i.e., if a non-conforming use was introduced into a residential zone the transfer of one non-conforming to another non-conforming could be extremely different and “out of the box”. The change to a commercial zone would create more structure on future uses. A. Burney mentioned that the Select Board had noted concerns when reviewing the w arrant article ; a buffer zone for existing neighbors, development of the property by a new owner. A. Burney clarified that Site Plan Approval would still be required, which would involve notification of abutters. The Select Board also noted concern that the abutters had not been notified of the zoning change. A. Burney stressed that was not required within the statute. The Board utilized the legal advertisement process and town meeting. ===PAGE 2=== Minutes, Town Meeting Warrant Article, Citizen Petition, 10.13.2022 Pg 2 Both the process for a citizen petition zoning change and a zoning change initiated by the Board follow the same legal process. The only difference is that a citizen petition must gather the required number of signatures. David Rodgers, 82 Highland Street- Noted he was in favor of the zoning change. M. Brenner made Motion to close the hearing for the citizen petition for 199 Massachusetts Avenue, A. Reid Seconded, passed unanimously. Hearing closed 6:21 p.m. Documents used at Hearing: Citizen Petition for Zoning Change