===PAGE 1=== TOWN OF LUNENBURG Office of the Planning Board Matthew Brenner, Chair Timothy Willsmer, Vice Chair Amanda Reid, Clerk Matthew Allison, Member Glenn McLeod, Member Tel: (978) 582-4146, opt. 5 Fax: (978) 582-4353 960 Massachusetts Ave Lunenburg, MA 01462 Christopher Reilly – Land Use Director Logan O’Connell – Administrative Asst MINUTES 2024-08-26 (complete) MEETING POSTED: Yes ADDRESS: Town Hall, 17 Main St TIME: 6:00 P.M. PRESENT: Matthew Brenner, Timothy Willsmer, Amanda Reid, Glenn McLeod, Matthew Allison ABSENT: None CALL TO ORDER / PLEDGE The meeting was called to order at 6:01 P.M. Matthew Allison led the Pledge of Allegiance. PUBLIC COMMENT None. PUBLIC HEARINGS 255 Sunny Hill Rd – Stormwater Management Permit (Cont. FROM 2024-08-12) Public Hearing resumed at 6:04 P.M. --- Brian Marchetti (representing applicant Stefan McSweeney) summarized previous delays—e.g. Conservation Commission’s request for 3rd party review of wetland delineations—and confirmed their approval of the current plan, which shifted the driveway north about 12 ft. He noted some run-off would be collected and piped under the driveway, and certain pipes from the neighbors’ property would be extended across the project’s driveway. Kenneth Patton (290 Leominster Rd, abutter) noted an inaccuracy with the plan’s discharge location for the pipe beginning on his property, which was addressed at the 2024-07-17 Conservation Commission meeting via a special condition to update the plan’s location later. B. Marchetti explained that the exact locations would be uncovered before drainage construction starts, and an updated plan would then be provided to the Conservation Commission before construction begins. He also noted a ===PAGE 2=== 2 of 10 - Planning Board Minutes, 2024-08-26 (complete) provision for a maintenance agreement on the project lot’s deed that would allow the owner of the abutting property (K. Patton) to maintain the pipe. K. Patton re-emphasized that he doesn’t want any digging or work done on his property without his written permission. B. Marchetti agreed this was reasonable, and M. Brenner indicated this could be added as a condition. M. Allison opined that the Stormwater Management Permits weren’t adequate for their intended purpose of protecting the neighborhood and roads and had never seen proposed construction on somebody else’s lot without accurately surveying the location. B. Marchetti explained that the proposed off-site work was part of an agreement with neighbors due to run-off which was illegally redirected across the abutters’ property: the McSweeneys discussed the problem with the neighbors and agreed to collect and pipe the run-off underneath the driveway. He noted that off-site flow wasn’t included in their Drainage Calculations as it wasn’t caused by their development. M. Allison said he wouldn’t be voting for this, noting the plan inaccuracy and the involvement of an abutting property in the mitigation development. M. Brenner asked R. Harris how common endorsing Stormwater Permits with advanced knowledge of plan inaccuracies or pending modifications was. He replied that any change would need to come back before the Planning Board for approval of the modification regardless. He noted that although expecting modifications in advance was unusual, so was the need to mitigate illegal run-off. M. Allison had visited the site and opined it could’ve been properly surveyed. B. Marchetti explained – since K. Patton only recently dug the pipe up, the true location of the pipe wasn’t available to them at the time, and they would file an accurate plan before any construction was done. He planned they’d submit the minor changes for record—which would be shown on the As-Built plan required for a certificate of occupancy—rather than pursuing a full Site Plan Modification. R. Harris recommended requiring a concurrent submission to the Planning Board and Conservation (not requiring a Public Hearing) to address the modification. T. Willsmer moved to close the Public Hearing for 255 Sunny Hill Rd. M. Allison seconded. Roll Call Vote: Yes M. Allison, T. Willsmer, A. Reid, M. Brenner No Abstain G. McLeod Public hearing closed 6:47 P.M. --- ===PAGE 3=== 3 of 10 - Planning Board Minutes, 2024-08-26 (complete) The board discussed and agreed on the following conditions: 1. The Standard Conditions 2. No work done on the abutter’s property without their written consent 3. Changes to the plan must be submitted simultaneously to the Conservation Commission and Planning Board for their review and approval 4. The inclusion of the maintenance agreement for the pipe as-discussed. T. Willsmer agreed with M. Allison that the Town’s Stormwater bylaws were inadequate for their purpose. R. Harris recommended reviewing this with the new Land Use Director. T. Willsmer moved to approve the Stormwater Management Permit for 255 Sunny Hill Rd subject to the standard conditions and the three conditions previously discussed. A. Reid seconded. Roll Call Vote: Yes M. Brenner, A. Reid No M. Allison, T. Willsmer Abstain G. McLeod The board was unsure how to proceed with a 2-2-1 result. M. Brenner explained that Glenn McLeod is unable to vote on this matter due to it beginning before his time on the board. The project engineer Brian Marchetti prepared to ask a question, but Richard Harris explained that he couldn’t ask questions now as the Public Hearing had been closed. R. Harris recommended deferring the decision to the next meeting (pending clarification from Town Counsel on whether a split vote for a Stormwater Permit constitutes a denial). T. Willsmer moved to defer the decision for 255 Sunny Hill to the 2024-09-09 Meeting. A. Reid seconded. Roll Call Vote: Yes M. Allison, T. Willsmer. A. Reid, M. Brenner No Abstain G. McLeod Near the end of the meeting, R. Harris relayed communication from Town Counsel seeking T. Willsmer and M. Allison’s specific reasons for denial (for inclusion in the draft decision to be acted upon at the ===PAGE 4=== 4 of 10 - Planning Board Minutes, 2024-08-26 (complete) next meeting). 3 Lancaster Avenue – Special Permit for Village Center District Freestanding Sign A. Reid read the legal advertisement for the Public Hearing, opened 7:05 P.M --- Sandy Leavenworth (50 Island Rd, Groton) representing AlphaGraphics briefly outlined the history and procedural delays of the application. L. O’Connell elaborated – a sign permit was originally issued by the Building Commissioner in error and later rescinded due to the property being in the Village Center District (requiring a Special Permit from the Planning Board for a freestanding sign). The board invited public comment and found none. T. Willsmer moved to close the Public Hearing for 3 Lancaster Ave’s Special Permit. M. Allison seconded. Roll Call Vote: Yes G. Mcleod, M. Allison, T. Willsmer. A. Reid, M. Brenner No Abstain Public Hearing Closed 7:11 P.M. --- M. Allison moved to approve the Special Permit for signage at 3 Lancaster Avenue with all standard conditions and as presented. T. Willsmer seconded. Roll Call Vote: Yes G. Mcleod, M. Allison, T. Willsmer. A. Reid, M. Brenner No Abstain R. Harris clarified the next steps for the applicant: The Board would receive a written decision to act upon at their next meeting, which is then filed with the Town Clerk by the Town, beginning the 20 day appeal period for the Special Permit. DECISIONS 240 Summer St – Site Plan Approval, Stormwater Management Permit ===PAGE 5=== 5 of 10 - Planning Board Minutes, 2024-08-26 (complete) This was moved later in the meeting to 9:43 P.M. in the interest of time, given the large number of public attendees for the Water Supply Protection District discussion. The voting members for this matter were T. Willsmer, M. Brenner and A. Reid, as they were present for the initial approval on 2024-07-22. They reviewed the language of both the Site Plan Approval and Stormwater Management Permit decisions. Roll Call Vote Yes G. McLeod, A. Reid, T. Willsmer No Abstain M. Allison, M. Brenner Site Plan Approved 3-0-2 Stormwater Management Permit Granted 3-0-2 BOARD DISCUSSIONS Water Supply Protection District M. Brenner invited comment from the public and the Water District. John Fortune (50 Hemlock Dr) presented a memo outlining the following requests for 250-4.9 Section F (permitted uses within Zone 1): (2)(b): Add “swimming” (2)(g): Remove “construction, installation”, and replace “associated infrastructure” with “associated current infrastructure”. (Activities conducted by the Lunenburg Water District necessary and incidental to the well) (2)(h): Remove section entirely, OR add “on-land” to “Removing on-land non-native, nuisance, or invasive species...” M. Brenner clarified that we inherit the definition of Zone 1 from the State, and confirmed with R. Harris that Zone 1 is by definition only on land, e.g. boating in a lake would not be prevented by its absence from Zone 1’s allowed uses. Joan Pease (11 Wintergreen Ct) opined that either swimming and boating should be allowed, or neither should be included. Mark Bursch (20 Buttonwood Place) of the Water District agreed that boating should be left in and noted that swimming is considered a “passive outdoor recreation” which is already allowed. Fran McNamara of the Water District disagreed with Mr. Fortune’s proposed changes to (2)(g) due to the financial burdens associated with the additional piping it would require. J. Fortune countered that excessive additional piping wouldn’t be required as the distance in Zone 1 was only 400 ft from the well. He was concerned about treatment plants storing extracted hazards so close to the water table. ===PAGE 6=== 6 of 10 - Planning Board Minutes, 2024-08-26 (complete) F. McNamara explained that any hazards interpreted from the treatment plant itself being in Zone 1 would be negated by the treatment that water would be going through there and would always be cleaner after going through treatment. J. Fortune was still concerned about the storage of the concentrated hazards removed in the treatment process, which F. McNamara didn’t consider a hazard, noting it met MassDEP standards. He later explained that hazardous contaminates have dedicated retention areas, so if a tank did explode it would be caught & not impact the water supply. J. Pease opined that the Water District’s point about extra costs due to only owning the Zone 1 within Keatings was moot since the by-law can’t be written on an individual basis, and asked the board to consider all areas in its approach. M. Brenner clarified that by-law can’t explicitly address individual wells or treat them differently, but that consideration of all the wells individual needs is considered. Debbie Ritchie (98 Royal Front Dr) clarified that verbal references to “state law” should’ve said “state regulations” (the CMR), which R. Harris confirmed. M. Bursch noted that those regulations supersede Town bylaws, but J. Pease clarified that the regulations set a minimum level of restrictions which a local government can exceed in passing a more restrictive by-law. T. Willsmer asked who the financial impacts of the Water District construction primarily affected. M. Brenner explained it was the water takers, and overruns are addressed through rate hikes. M. Bursch later mentioned that the Town itself is also a substantial water taker through (i.e. the school, DPW, Fire Department, Town Hall) and opined that this extends the effect to taxpayers. M. Brenner invited further comment from the public. Andrew Starvaski (8 Wintergreen Ct) said he had previously emailed the Planning Board members about a negative reaction to a well-intentioned resident from the Water District at their meeting, and cited that in asking for the Special Permit requirement. J. Pease agreed and opined that the Water District could prevent the potential delays of a Special Permit by better incorporating public input earlier in their processes with engineers. Dave Rogers (82 Highland St) asked whether the previous speakers had shared their documentation with the Water District. He opined that there wasn’t enough transparency between the two groups, and that the water treatment needed to comply with the State’s upcoming PFAS limits would be costly no matter what. M. Brenner informally polled the room, confirming that requiring a Special Permit was the main conflict, and asked the Board for their input. Glenn McLeod noted that he had watched the meeting mentioned by A. Starvaski before receiving his email, and presently indicated support for requiring a Special Permit. He noted the uniqueness of requiring this for a governmental entity such as the Water District. M. Brenner asked how commonly other municipalities required a Special Permit for their own governments’ entities. R. Harris explained it wasn’t common but opined that since Zoning is primarily to address local objectives and concerns, one community’s setup might not translate well to another. G. McLeod agreed, opining that communities have recently been losing Zoning rights to the State. ===PAGE 7=== 7 of 10 - Planning Board Minutes, 2024-08-26 (complete) Bob Pease (11 Wintergreen Ct) asked the Board to poll its own positions on the Special Permit requirement. M. Brenner leaned towards Special Permit but wanted to push more polling later to keep the discussion open and flexible. Bill Hannigan of Hannigan Engineering attempted to clarify the upcoming steps, including what a finalized draft of the bylaw revision would contain. R. Harris explained that the document being referenced was a working draft containing two conflicting sets of recommendations (the Water District’s and the Hickory Hills group’s), one of which must be chosen before the document is submitted for the Town Warrant. T. Willsmer asked about the history of this proposed revision. M. Brenner later explained: 1. The Water District attempted to update the Zoning map to match MassDEP’s updated map, which was voted down due to local concerns of negative impacts 2. Then-Land Use Director Adam Burney drafted heavy modifications to the Water Supply Protection District’s Zoning bylaw 3. This draft was tabled to the next Special Town meeting in Spring. Between then and that meeting, Adam Burney left the Town and Interim Land Use Director Richard Harris took over editing. 4. The Board was unable to reach consensus by that Special Town meeting, so the draft was pulled. 5. The revisions being discussed tonight are the “re-do” of that draft. M. Allison explained that an associated zoning map change had been rejected twice, and this would be this proposal’s third rejection. He opined that the Board excessively delayed its finalization of the article since the voters at Town Meeting can propose amendments on the floor. M. Brenner replied he intentionally prolonged the drafting process for an uninterested third party (the Planning Board) to oversee the in-depth discussion between the two interest groups. M. Allison lamented the confusion and lack of collaboration with the Select Board, Land Use Director, and professionals, as well as the lack of timely access to updated draft information. The Board agreed to choose the set of revisions for the proposal and discussed. M. Allison questioned the pertinence of the Planning Board’s input given the Water District being regulated by MassDEP and public health. M. Brenner opined that the Planning Board’s role in it was protecting hyper-local interests, and that the implementation would be less contentious than current discussions. M. Allison reiterated his expectation of Special Permits to significantly increase costs such as lag time. G. McLeod supported for a Special Permit, citing the tangible tension between the groups and his concern for the board’s ability to resolve a potential dispute between them without the leverage of a Special Permit. T. Willsmer supported a Special Permit, citing G. McLeod’s opinion on the protective role of government. A. Reid supported a Special Permit, noting the value of compromise and questioning the true impact of a Special Permit on a project of the Water District’s scale. ===PAGE 8=== 8 of 10 - Planning Board Minutes, 2024-08-26 (complete) T. Willsmer moved to include the amendments recommended on the July 8th Planning Board meeting, with the addition of swimming, and exclude the Water District’s proposed amendments regarding water treatment plants. M. Allison seconded. Roll Call Vote: Yes G. McLeod, M. Allison, T. Willsmer. A. Reid, M. Brenner No Abstain Accessory Dwelling Units Certain State changes to the Affordable Homes Act regarding ADUs go into effect on 2025-02- 02. The Board examined proposed revisions to the Code of Lunenburg (§ 250, subsections 2.1, 3.4, 4.1(H), 4.1(G) and 5.2) that comply with these changes. M. Brenner noted that Lunenburg’s by-law for ADUs is already permissive compared to other municipalities, allowing them by right in most cases, so the necessary changes for compliance weren’t extensive. R. Harris emphasized the importance of including this at the upcoming Town Meeting to avoid a gap period where an ADU applicant would effectively only need a Building Permit. He noted a spike of inquiries to the Building Commissioner after the State’s announcement. M. Allison asked R. Harris if there were any changes not necessitated by the updated State law. He replied that after discussion with the Building Commissioner about vagueness and applicability, he opted to remove section `k` and `h`(2). G. McLeod opined that although extensive changes weren’t needed, this was another example of the State taking zoning controls from communities. He foudn it important to communicate this to voters in any article (i.e. a blurb of “where did this come from, and why?”). T. Willsmer moved to have L. O’Connell submit the draft language (as presented) to the Town Manager’s office for the Article of Warrant, and to schedule the corresponding Public Hearing on 2024-09-23. M. Allison seconded. Roll Call Vote: Yes G. McLeod, M. Allison, T. Willsmer. A. Reid, M. Brenner No Abstain ABUTTING COMMUNITY NOTICES ===PAGE 9=== 9 of 10 - Planning Board Minutes, 2024-08-26 (complete) Postponed. ONGOING ITEMS MBTA Zoning G. McLeod suggested getting approval of a draft article the Executive Office of Housing and Livable Communities (EOHLC) prior to Town Meeting, citing examples of Towns which had passed bylaws which were approved by the Attorney General and subsequently disapproved by the EOHLC. CHAIR / DIRECTOR’S REPORT Postponed. COMMITTEE REPORTS Postponed. MINUTES APPROVAL Postponed. MEETING SCHEDULE All meetings are 6:00 P.M. at Town Hall on the 2nd and 4th Monday of each month, unless otherwise noted. Upcoming meetings: 2024-09-09, 2024-09-23 PUBLIC COMMENT L. O’Connell mentioned seeing recurring difficulties with the Town’s file-management practices (such confusion around document versioning and use of disparate platforms), and cited the Select Board’s 2024- 08-20 meeting. He opined that such practices (e.g. sending e-mail attachments & creating duplicate individualized copies) utilized what the best available technology was for many years, but that current technology is capable of a more centralized and trackable working experience for employees and Board members. He expressed interest in helping with its broader implementation. BOARD COMMENT / CONCERNS M. Brenner commended T. Willsmer and A. Reid for their recent performances as Chair in his absence. He also thanked R. Harris for his services as Interim Land Use Director, saying he’d done a bigger service through his temporary contract than most people would ever receive. He also recently attended an interview for a full-time Land Use Director as an observer, and was hopeful for the near future. ADJOURNMENT ===PAGE 10=== 10 of 10 - Planning Board Minutes, 2024-08-26 (complete) T. Willsmer moved to adjourn the meeting. M. Allison seconded. Roll Call Vote: Yes G. McLeod, M. Allison, T. Willsmer. A. Reid, M. Brenner No Abstain Meeting adjourned 10:27 P.M. Documents Referenced: • 2024-08-21_ Draft Revised Water Supply Protection District, WD and 2024-07-08 edits incl. • 2024-08-26_ John Fortune 50 Hemlocke Dr Memo (Emailed to Board Members) • 240 Summer St SW Decision – Draft • 240 Summer St Site Plan Approval Decision – Draft • Accessory Dwelling Units - Annotated Version of Affected Bylaw Provisions but not Use Table Accessory Dwelling Units - Annotated Version of Use Table Residential Uses • Accessory Dwelling Units - Proposed Draft Amendment 2024-08-20 Advisory, Affordable Homes Act