===PAGE 1=== TOWN OF LUNENBURG Office of the Planning Board Matthew Brenner, Chair Tel: (978) 582-4147, ext 5 Matthew Allison, Vice Chair Fax: (978) 582-4353 Amanda Reid, Clerk 960 Massachusetts Avenue Erik Torgersen, Member Lunenburg, MA 01462 Timothy Willsmer, Member Richard Harris Interim Land Use Director Annie M. Aubrey Administrative Assistant Minutes February 26, 2024 Meeting Posted: Yes Place: Town Hall, 17 Main Street, Lunenburg, MA Time: 6:00 p.m. Present: Matthew Brenner, Matthew Allison, Amanda Reid, Timothy Willsmer Absent: Erik Torgersen Minutes, 2/26/24 Greg Roy – Public comment – asked about ROFR process. M. Allison responded in starting the process with the town and Open Space Committee. 317-321 Sunnyhill – stormwater permit- public hearing 6:10pm Greg Roy of Dillis and Roy representing Tim Battles. At the last public hearing we received peer review from GEI. Continued to tonight’s meeting to give time for ZBA to respond. Did give variance for driveway grade. Feb 22 nd issued letter from GEI. Response to comments – revised plans to include the name and phone numbers of applicants. Soil testing has been performed and included in plans. Site zoning information is included in the revised plans. Revised calculations for stormwater void trench. No additional revisions were required or noted from peer review. Recharge trench was modeled at 100% - recalculated to be modeled at 40%. M. Allison asked about maintenance requirements for stormwater rain gardens. It is included in the plans. Greg Roy is requesting a temporary conditional certificate of occupancy. The building commissioner is looking for Planning Board input. 2022 building permit was granted for work to begin on the property of 321 Sunnyhill. Last fall the applicant requested a certificate of occupancy. Property was flagged due to more than an acre of disturbance. Both lots were then cleared – greater than an acre of disturbance with no stormwater permit issued. Tim Battles explained he has a contractor – for both lots it is to be $49,000. Per Richard Harris, to issue Performance Guarantee to ensure the work is completed and acknowledgement of the recipient of the property to precludes any issues once property is transferred. Greg Roy supplemented request with the following language “Prior to issuance of the final Certificate of Occupancy, the work stormwater system shall be constructed, and an as-built plan prepared by a professional engineer be submitted to the planning department and building commissioner documenting that the work was constructed in accordance with the approved plans and conditions of approval. Until this work is completed, the planning board is amenable to allowing for a temporary certificate of occupancy provided that the work is completed within 120 days of this order being issued. “ Hearing closed 6:47PM M. Brenner mentioned letter from Graves is met to satisfaction. Conditions considered accordance with approved plans, completed plans within timeframe, stabilization of structures. Discussed standard residential construction hours. ===PAGE 2=== 255 Sunnyhill - Continued public hearing Opened 6:56PM McCarty Engineering – John Plefka. Scheduled site walk with conservation commission this Wednesday. Requested continuation upon completion of site walk with conservation commission. Dave Rogers – 82 Highland Street – public comment – this is the 3rd or 4th continuation for this project. Are there any other hurdles to move project along other than waiting for this project. Response was engineers were waiting on issued DEP number for NOI and awaiting conservation site walk. Mr. Rogers continued – “the area has a lot of wetlands, and it would be a travesty to have a house built in an area of wetlands. I do not think the building of this site makes sense and hope the Board hears and acknowledges comments.” Mr. Harris made a note to have Mr. Rogers express concerns about Conservation regarding concerns for wetlands and conservation of land. Ken Matson – public comment – Leominster Rd. Driveway is at an elevation 2ft below his driveway. A lot of water comes off the hill and runs into his yard and is concerned about water flowing onto his property. Ken is asking if he can “take it to the bank” of that McCarty engineering that driveway will in fact be built 2ft below. M. Allison said plans need to be in conformation and compliance with plans submitted and approved to the planning board. Plan shows a 2ft grade at least. Continuance is being requested until the next Planning Board meeting March 11th. No major changes and just waiting on conservation site walk. M Allison made motion to continue to March 11th. A. Reid seconded. 7:25PM Certificate of completion for 147 & 159 Holman – GEI reviewed property and plantings in basin need to be planted and stone trench drain has minor sedimentation that needs to be removed. M. Brenner asked for clarification and why plans are not complete. Per Mr. Harris plantings for stormwater drains and sedimentation in drainage trench that need to be removed means requirements are not met yet and will need additional reviews. A. Reid did not feel comfortable issuing certificate of completion based off GEI review. Per M. Allison if sedimentation exists in stone trench it basically has failed. M. Allison moved to not yet release certificate of completion until comments from GEI review are resolved. T. Willsmer seconded. M. Allison made Motion to not release performance guarantee until comments are resolved. T. Willsmer Seconded. Board Discussions: Solar Energy Systems: M. Brenner is not comfortable putting language together to present as a warrant. Green Communities is interested in giving input, but not anticipating being able to put anything together to present at the Annual Town Meeting. Add-on of Battery Energy Storage systems is important in including in language of bylaw. By next Monday Richard Harris will provide a draft of the battery energy systems bylaw. It will help regulate storage systems; solar operating systems have a battery storage system in place as accessory use. The fire chief and police chief have helped implement a site safety plan to include as a precursor to include prior to approval. A preliminary level of detailed review will be included in the draft bylaw. Current bylaw includes threshold of 10kw between small and large and most other towns have that as a threshold of 10kw between small and medium. It is in question to include in water supply protection district due to possible risk of leeching into the ground or contamination due to batteries in ground. Discussed Site Safety Plan requirement which addresses precautionary measures to be taken by developers and homeowners in compliance with bylaw developed by fire department in handling safety measures in the case of disaster to reduce risk of fire, contamination or other disaster. A bylaw would address any battery storage unit based on size and/or storage capacity. M. Allison recommended using language from Marijuana bylaw. Scenic Roads – M. Allison is almost ready to submit draft to Board Water Supply Protection District - Mr. Harris submitted a line-by-line comparison of the water supply protection district for the board to review. M. Allison has concerns about current bylaw does not match M.G.L. and that special permits are required, and the planning board has not issued special permits for the water supply protection district. DEP map has Zone 1 and zone 2 overlapping – if map has zone 1 and zone 2 in same area, it counts as zone 1 and is controlled by the state not by the municipality. The Planning Board will have discussion about drafts at the next planning meeting March 11th prior to public hearing for warrant articles. The Green Committee will have a possible joint meeting on March 6th with the Planning Meeting to discuss solar bylaw. ===PAGE 3=== Master Plan Steering Committee- No report. Open Space Ad Hoc – No report – site walk on Lake Shirley last Saturday – to recommend transfer to control of Lunenburg. Parameter Rd to stump cove on Reservoir Rd: 3-acre parcel. No movement yet. Lunenburg Municipal Building Design Committee – No report. Agricultural Commission – No report. Next meeting is on March 7th. Capital Planning Committee – No report. Economic Development Committee – No report. Stormwater Task Force – Met with CEI – topic was making stormwater management fund. Expect a years' worth of public outreach before going before town. MRPC (Montachusett regional planning commission) - Municipal help MRPC would like to provide, though Lunenburg is not on the list. Discussion to potentially bring in MRPC once we do not have interim land use director. Per A. Reid, the position of MRPC would not be at the level of director or regional planner and would provide more support to the Planning Office. MJTC (Montachusett joint transportation committee) - No report. Meeting schedule: March 11th, March 25th Meeting adjourned 9:05PM