===PAGE 1=== Minutes Monday, June 24th, 2024 TOWN OF LUNENBURG Office of the Planning Board Tel: (978) 582-4146, ext. 5 Fax: (978) 582-4353 960 Massachusetts Avenue Lunenburg, MA 01462 Matthew Brenner, Chair Matthew Allison, Vice Chair Amanda Reid, Clerk Timothy Willsmer, Member Glenn McLeod, Member Richard Harris – Interim Land Use Director Logan O’Connell – Administrative Assistant Meeting Posted: Yes Address: Town Hall, 17 Main Street, Lunenburg, MA Date: 6:00 P.M. Present: Matthew Allison, Matthew Brenner, Glenn McLeod, Amanda Reid, Timothy Willsmer Absent: None CALL TO ORDER: M. Brenner called the meeting to order, and confirmed that Zoom was functional for this meeting. PUBLIC COMMENT: Pledge of Allegiance Dave MacDonald (Island Rd) asked why the Pledge of Allegiance is done before meetings instead of during them, and whether that was an individual decision of the Chair or a group decision of the Board. M. Brenner explained it was his decision he made for agenda organization, which the Chair is responsible for. His rationale included avoiding the unwelcoming feelings that the pledge might cause for certain members of the public, although he reiterated that he has no personal problem with it. D. MacDonald opined that the inclusion of the pledge should be a board-wide consideration, rather than an individual decision of the chair. M. Allison agreed with D. MacDonald and informally asked for a vote on the matter. He opined that the exclusion of the pledge could itself offend certain members of the public, such as veterans. His understanding was that Chair decisions which the group disagrees with could be put to a vote. M. Brenner declined to vote on the issue at this specific meeting as it wasn’t an explicit item on the agenda, but acknowledged the request and emphasized the importance of a board vote to him. G. McLeod concurred with M. Allison. BOARD RE-ORGANIZATION: Informal Discussion M. Brenner explained the context for the Board Re-organization’s continuation from 2024-06-12 due to technical difficulties. He then summarized the process (nominating a member and seconding the nomination) before inviting discussion about the board’s personal preferences for position membership. ===PAGE 2=== p. 2 – Planning Board Minutes, 2024-06-24 T. Willsmer (Master Plan Steering Committee) asked M. Brenner (Capital Planning Committee) about swapping their roles, which M. Brenner declined in favor of finishing his term. T. Willsmer said he wasn’t aware of CPC’s term length. M. Brenner also explained the recent formation of the Town Manager Steering Committee and its need for a member from the Planning Board, with the caveat that this wasn’t part of the board's official re-organization process. He explained that he would like to remain Chair of the Planning Board, but noted that if he did remain chair he wouldn't be confident in his ability to give the Economic Development Committee "the full attention it deserves". He then invited further discussion. T. Willsmer was content with his spot on Storm Water Task Force. A. Reid was content with MRPC and MJTC, and expressed ambivalence about the Clerk position. M. Allison said he didn’t intend to seek another term on the Planning Board and emphasized the importance of including junior members into some of the positions he’d been filling on other boards. R. Harris asked about the continuation of the MPSC. M. Brenner explained that there are members of the MPSC who are hoping to continue their work as part of a subsequent Master Plan Implementation Committee. T. Willsmer concurred. M. Brenner asked G. McLeod for his interest in any positions. G. McLeod questioned his own ability to “represent” the board given his newness. M. Allison noted that the purpose of membership with other groups isn’t necessarily “representation” of the Planning Board, but facilitating some communication with groups whose is work is impactful or of interest to the Planning Board. Formal Vote M. Allison nominated M. Brenner for Chair. T. Willsmer seconded. Passed unanimously. T. Willsmer asked if they were able to fill out the entire list and then vote on the completed list, rather than doing individualized votes, which R. Harris confirmed. M. Allison nominated T. Willsmer for Vice Chair. A. Reid seconded. T. Willsmer nominated A. Reid for Clerk. G. McLeod seconded. M. Allison nominated A. Reid for member to Montachusett Regional Planning Commission (MRPC). G. McLeod seconded. T. Willsmer nominated A. Reid for member to Montachusett Joint Transportation Committee (MJTC) M. Allison seconded. M. Allison nominated G. McLeod for member to Open Space Ad Hoc Committee A. Reid seconded. ===PAGE 3=== p. 3 – Planning Board Minutes, 2024-06-24 M. Allison nominated T. Willsmer for member to Storm Water Task Force. A. Reid seconded. T. Willsmer nominated M. Allison for member to Municipal Building Design Committee. A. Reid seconded. T. Willsmer nominated M. Brenner for member to Economic Development Committee (EDC). M. Brenner emphasized that he would accept the nomination but didn't believe he'd be able to serve them at the level he desires. T. Willsmer withdrew his nomination. M. Brenner nominated G. McLeod for member to EDC. M. Allison seconded. M. Brenner nominated T. Willsmer for member to Master Plan Steering Committee (MPSC). M. Allison seconded. R. Harris questioned whether a representative to the Town Manager Screening Committee was required to be separate from the official re-organization, and recommended including it. M. Allison nominated M. Brenner for membership to Town Manager Screening Committee (TMSC). A. Reid seconded. T. Willsmer moved to approve all nominees to their respective positions. A. Reid seconded. Voice vote, all aye. APPOINTMENTS Open Space Committee – Ana Lockwood M. Brenner explained the context behind Ana Lockwood’s application to the at-large position on the Open Space Committee: she is already on the committee, but in a different capacity for Parks Commission. He then continued with other agenda items, until Ms. Lockwood was later available at 7:10 P.M. When A. Lockwood returned she explained that she’s served on the Open Space Committee (OSC) for the Parks Commission for 2.5 years, and after leaving the Parks Commission she could now fill the OSC’s member at-large role. M. Brenner asked the Board for comment, and M. Allison noted A. Lockwood’s productivity and dedication. M. Allison moved to appoint A. Lockwood to the OSC as citizen-elect. T. Willsmer seconded. Voice vote, all aye. MBTA Zoning Presentation (Cont. TO 2024-07-08) R. Harris explained that Karen Chapman’s scheduled presentation would be tentatively rescheduled for 2024-07-08, as she was unable to attend this meeting. ===PAGE 4=== p. 4 – Planning Board Minutes, 2024-06-24 ANR 932 Flat Hill Rd (Cont. FROM 2024-05-13) R. Harris explained that this ANR had been continued from a previous meeting, noting that the issues causing the continuation had been resolved after the Planning Board’s receipt of a certification of intent to sell. M. Brenner summarized the purpose of ANRs for the benefit of the public and new board members: endorsement that re-drawn lot lines meet a small list of specific requirements, i.e. frontage and accessibility from the road. He specifically noted that there are certain questions they ask applicants (which the Planning Board doesn’t directly consider) to help applicants avoid backing themselves into undesirable situations (i.e. being ineligible for connection to septic). T. Willsmer moved to endorse the ANR for 932 Flat Hill Rd. A. Reid seconded. Voice vote, all aye. In the interest of time, the board opted to sign the plan at the end of the meeting. PUBLIC HEARINGS Special Permit – Signage for 3 Lancaster Ave (Cont. TO 2024-07-08) No applicant or representative was present in-person or online for this hearing. R. Harris explained the procedure for this and recommended continuing the hearing to the next meeting. T. Willsmer moved to continue the hearing to 2024-07-08 at 6:05 P.M. A. Reid seconded. Voice vote, all aye. CERTIFICATES OF COMPLETION 321 Sunny Hill Rd. (Cont. FROM 2024-06-10) Daniel Proctor (1529 Massachusetts Avenue), the excavating contractor for this address, was present to speak and relayed several comments from Dan Sheehan of Graves Engineering (GEI) about the property’s rain garden. D. Proctor mentioned that he had been told that there was an excessive amount of wood chips, so he removed some of them. He also mentioned that two nursery / landscaping companies recommended putting the plants in the rain gardens around the upper edges of the rain garden, which he did, and the plants are still alive 6 weeks on. R. Harris replied that GEI hasn’t been back out to the site to observe these changes, and their determination is necessary for the board to issue a Certificate of Completion. D. Proctor asked if R. Harris could have a direct conversation with GEI, claiming that although the comments construe that the site wasn’t done well, this wasn’t their intention. R. Harris replied that if he had received this information earlier he would’ve done so, but since he was receiving it verbally tonight, it wouldn’t be possible. He asked for an email including this information to be sent tonight, which he could forward to GEI to begin the conversation. D. Proctor questioned cost-effectiveness of this. M. Brenner explained the necessity of review engineers like GEI as an intermediary for complex and non-intuitive information, given the Board members’ non-engineering backgrounds. M. Allison noted that R. Harris had emailed twice prior asking about the sites’ preparation and received no response. R. Harris emphasized the importance of paper trails and clear documentation, since property owners, board members and staff members change over time. ===PAGE 5=== p. 5 – Planning Board Minutes, 2024-06-24 Tim Battle (owner of 317 Sunny Hill Rd, former owner of 321) asked if receiving a positive response from GEI would enable a “permanent Certificate of Occupancy” for 321 Sunny Hill prior to a subsequent hearing. R. Harris replied that the Building Inspector issues the Certificate of Occupancy, and T. Battle said that the inspector wouldn’t sign off on it until the Planning Board signed off on the Certificate of Completion. R. Harris explained that the Storm Water Bylaw requires the Certificate of Completion, which the Board historically relies on GEI’s determination to issue. T. Battle explained that his Certificate of Occupancy expired around the time of the Board’s next meeting. R. Harris explained that the Board could vote to conditionally grant a Certificate of Completion upon receipt of a positive response from GEI. M. Brenner asked for the Board’s thoughts, and personally preferred following set procedure over other avenues. T. Willsmer concurred. T. Battle asked about what specific language would be needed in the Preliminary Subdivision Plan or Deed of the lot he’s trying to sell (317), if it were purchased by another builder. R. Harris explained that since the site has a Storm Water Permit, the language should include compliance with the previously approved Storm Water Application and Permit conditions. M. Allison asked whether the Storm Water Permits required specific language under the new bylaw. R. Harris said that since the site’s Storm Water Permit is recorded in the Registry of Deeds, anyone buying the property would know it has been issued and the PNS and subsequent deed should reference it. PERFORMANCE GUARANTEES 430 Mulpus Rd (Cont. FROM 2024-05-13) M. Brenner opted to sign the Performance Guarantee after the meeting. BOARD DISCUSSIONS M. Brenner noted that Committee Reports were intended for this meeting but not added to the agenda. Master Plan Steering Committee’s Transition to Implementation M. Brenner invited preliminary discussion about the first steps for transitioning MPSC to an Implementation Committee, and asked about general interest. T. Willsmer approved of the idea, believing it would help get more of the Town's goals done. M. Brenner noted that this would normally be in the purview of the Planning Board directly, but that he wants to go out of his way to include individuals expressing *interest* in the Master Plan's implementation. M. Allison concurred and mentioned the repeated issue of creating in-depth plans and not implementing them, citing the Open Space plan as one example. R. Harris hoped the Master Plan would include an “implementation” chapter which would provide insight on a potential “implementation committee”, including charge, membership and structure, generally describing a body which reports back to the Select Board annually or bi-annually about the progress being made and what changes are necessary. M. Allison recommended that any implementation committee be smaller than the MPSC, which has 14 out of 15 seats filled. M. Brenner agreed, noting the struggles the MPSC has had getting quorum. M. Brenner opined that the town would benefit from moving into implementation as quickly as possible after the MPSC files their report to keep it in the public consciousness. R. Harris offered to ===PAGE 6=== p. 6 – Planning Board Minutes, 2024-06-24 reach out on the Massachusetts Planners’ ListServ to look at examples of other communities’ Implementation Committees. T. Willsmer expressed interest in continuing the Scenic Roads Bylaw had been “shelved” and asked about others’ interest in it. M. Allison replied that he still had the data for it, and M. Brenner said it would be great to bring a fairly complete and rounded-out item for the Board to look at. M. Brenner said that knowing more about the scope of the upcoming changes that MBTA Zoning would require, which K. Chapman would present on at the next meeting, would be helpful with that. Outdoor Dining Policy The board took several minutes to review the context and content of their documents. T. Willsmer summarized that the state was putting the Alcoholic Beverages Control Commision’s Covid-era practices into official long-term practice. R. Harris explained that the Select Board asked for departmental comments while making the corresponding policies. He surmised that the Planning Board's involvement would be limited to applications involving outdoor dining making sure there aren't elements which preclude outdoor dining. M. Allison noted that there would be some specific impacts with outdoor dining as opposed to brick- and-mortar (i.e. pedestrian safety, parking, etc.) R. Harris brought up an example of a brick-and- mortar dining establishment which later sought to add an outdoor patio, exposing them to the additional considerations that that entailed. M. Brenner asked whether the Planning Board wants to be included in the list of departments that would be reviewing outdoor dining with alcohol, such as in OpenGov. The board briefly compared different orderings of the hypothetical process an applicant for a liquor license looking for outdoor dining would take. M. Brenner approved of the idea of the board being a part of the review list, and emphasized the value of including explicit language about whether Site Plan Review or Special Permit may be required. R. Harris said the Select Board should build these considerations into the Outdoor Dining Policy so that applicants would know which boards they would need approval or communication with beyond the Select Board. He briefly specified the language to be used in the Planning Board’s feedback to the Select Board, emphasizing the importance of directness of requests and clarity of instructions to applicants. M. Allison asked if the opaqueness of the application process was a factor in businesses leaving the town, and disapproved of ambiguous language (i.e. “may require” as opposed to “requires”). M. Brenner asked about how Change of Use is defined and whether its scope is entirely contained to the “Use Table” (Town Code § 250-4.1G). R. Harris replied alteration of an approved Site Plan or Special Permit requires modification of the Site Plan or Special Permit. M. Allison clarified that since the Zoning Enforcement Officer (who is the Building Commissioner in Lunenburg) ultimately decides on Change of Use, the fact that he is also the temporary Land Use Director mildly simplifies the number of different places an applicant needs to go for approval. M. Brenner then explained the consolidation benefits of virtual applications submitted through OpenGov, which is currently being built out. R. Harris and L. O’Connell agreed. M. Brenner said that although he was comfortable relying on the current Building Commissioner for information on Change of Use, he didn’t want to “plan based on one human”. A. Reid asked whether the feedback from tonight’s board’s discussion would be compiled and available for further revision, ===PAGE 7=== p. 7 – Planning Board Minutes, 2024-06-24 which R. Harris confirmed. M. Brenner indicated he would get the Board members’ approval on the compiled feedback and then get it to the Select Board before their next meeting. DIRECTOR OR CHAIR REPORT Water Supply Protection District M. Brenner noted that the draft document of the proposed WSPD amendments included recent changes. R. Harris said that the document was a revised draft of the one examined at the 2024-04-22 Public Hearing. He described the timeline of its revisions, mentioning back-and-forth communication with Joan Pease and Bill Hannigan and their affirmation of the changes as-written. R. Harris reiterated a previously suggested timeline for the Board: Discussion on the July 8th or August 26th meeting where all members could attend and comment, followed by a Public Hearing in September if the board was comfortable. He also noted that the Water District wants to be involved in future discussions about the Water Supply Protection District. M. Allison informed M. Brenner that a member of the Water District was present, and M. Brenner invited him to speak. Mark Bursch (Water Commissioner) said that the Water District hadn’t seen any of the proposed changes and requested a copy for review. He also claimed that the changes needed to go back to DEP for approval. He mentioned that the District isn’t worried about the document’s current wording in Zone 1, but expected issues with the changes of treatment in Zone 1 and treatment by Special Permit in Zone 2 since the District is already engaged in this. R. Harris clarified that ”existing is allowed to continue”. M. Bursch asked Mr. Harris to clarify the statement, interpreting it as the DEP allowing for treatments in Zone 1 and 2 but the town restricting further treatment in those Zones. R. Harris offered to send M. Bursch a copy of the document to make his own judgment. He then noted that communities have the right to impose restrictions beyond those of the DEP model. M. Bursch acknowledged this, but reiterated that further restrictions would have significant financial impact to the Water District and its water takers. R. Harris replied that it would be up to the Board and the Town Meeting. M. Brenner noted upcoming discussions of the Water District Amendments on July 8th and August 26th, and said that more voices are better. M. Bursch pointed out that the Water District hadn’t been invited to these meetings and wanted more proactive invitation from the Town, which M. Brenner affirmed while acknowledging staffing issues with the Planning Department. M. Bursch signaled the Water District’s intention to get a review of the bylaw from the DEP. M. Brenner acknowledged the request and reiterated the non-technical background of the Planning Board’s members. M. Brenner asked the Board to review the material in-depth prior to the July 8th meeting. Development Update M. Brenner, citing his recent meeting with Jack Brennan, explained that the developers of Lunenburg Central built it knowing it could take a long time to fill. As a result, it doesn’t have utilities inside—the idea is that when lessees arrive, the developers can build-to-suit. ===PAGE 8=== p. 8 – Planning Board Minutes, 2024-06-24 MEETING SCHEDULE  July 8th  July 22nd PUBLIC COMMENT No members of the public had comment. BOARD COMMENT / CONCERNS M. Brenner invited any relevant committee updates, noting that the EDC wants to meet with the Planning Board to discuss obstacles for new businesses in town. M. Allison suggested that retention of existing businesses is also a relevant concern, which M. Brenner agreed with. ADJOURNMENT T. Willsmer moved to adjourn. A. Reid seconded. Passed unanimously. Meeting adjourned 8:09 P.M. Documents referenced at meeting:  OSC Volunteer Application (Ana Lockwood)  932 Flat Hill Rd Form A / Plan o Certification of Intention to Transfer Land  Graves Engineering, Inc. o Latest GEI Report on 321 Sunny Hill Rd. as of 2024-06-24  430 Mulpus Rd Performance Guarantee  ABCC o Advisory Regarding Amendments to Add Outdoor Alcoholic Beverage Table Service Areas o Guidelines for Outdoor Alcoholic Beverage Service Areas  Draft of Revised Water Supply Protection District Revision 2024-04-22 Edited 2024-06-18