===OCR macOS Vision=== ===PAGE 1=== BOARD OF SELECTMEN MINUTES Joseph F. Bilotta Meeting Room, Town Hall December 6, 2016 The Board of Selectmen met in the Lunenburg Town Hall, Joseph F. Bilotta Meeting Room, as scheduled with Jamie Toale, Chairman; Robert Ebersole, Paula Bertram, Member; Phyllis Luck, Member and Acting Town Manager Adam Burney Not present: Tom Alonzo, Clerk The meeting commenced at 7:00 p.m. with the Pledge of Allegiance. PUBLIC COMMENT: Ms. Luck noted how great the Christmas lights outside looked and to thank Mark Flagg and everyone else who was involved in helping them set them up. Mr. Toale announced Heather Lemieux has signed a contract with the town and will be starting as Town Manager on January 17" APPOINTMENTS Genghis Inc. Change of D/B/A from Centre Pizza and Variety to Jaxx Country Variety Alan Wernick presented to explain they wanted to change the name of the business as it was causing confusion. They did not realize they had to change it officially until they were notified. Mr. Ebersole asked if everything was the same except for the name. Mr. Wernick confirmed. Motion: P. Bertram 2"d R. Ebersole To approve the change of the doing business as from Centre Pizza and Variety to Jaxx Country Variety Vote: All in Favor Mr. Wernick thanked the Board and exited the meeting. Resignation from Building Reuse Committee Mr. Toale read the resignation of Ronald Albert effective immediately. Motion: R. Ebersole 2nd. P. Bertram To accept the resignation of Ron Albert effective immediately Vote: All in Favor Mr. Toale thanked Mr. Albert for his contribution to the committee. At this point the committee will not seek to replace him. They will probably be seeking someone when they go into their next phase. Minutes/ Warrants/Action File Issues The Board signed an Accounts Payable warrant in the amount of $269,894.96 and a revised FY'17 LA-5 Certification was signed due to a change in the excess levy amount from $961.11 to $1,240.11. Mr. Toale presented a proclamation for an Eagle Scout Ceremony on December 17" for Stephen Hoffmann for signatures. Right of First Refusal Letter for 200 Reservoir Road Motion: R. Ebersole To sign the release of option to purchase the property at 200 Reservoir Road 2"l. P. Bertram Vote: All in Favor ===PAGE 2=== Committee Reports: Ms. Luck reported the Zoning Board of Appeals granted Adam and Julie Goodwin, 172 Reservoir Road, a special permit to remain in their existing residence while building a new one on the same lot. Steven Randle petitioned to place a 60 panel solar array at 615 Leominster Road consisting of 3.75 acres of land. Signature Living LLC, 55 Chase Road, is seeking a permit for 654 Massachusetts Avenue to demolish an existing three family home and replace it with three condominium units. Steven White, 41 Mountain View Road, Leominster is seeking a permit for 70 Oak Ridge Road to demolish the existing two bedroom dwelling and replace it with a single family dwelling. The Storm Water Task Force is meeting Thursday with their consultant to review the work they will be doing for them. Ms. Luck attended a Central MA Stormwater Coalition steering committee meeting. WPI students presented a short video to engage fourth and fifth graders and other educational materials. The School Committee meets tomorrow evening and will be discussing budgets. Ms. Bertram reported Conservation Commission meets tomorrow night and the MPO meets on the 14" Mr. Toale reported Building Reuse Committee meets on the 19" to follow up on the Special Town Meeting teedback and to begin to prepare REPs. Their intent is to create a RFP process that lines up with the 2017 Annual Town Meeting. Capital Planning met this afternoon and DPW Director Rodriquenz presented DPW and Town Buildings requests. He will return again for the capital aspect of pavement management. They meet again on the 13t Request to Vote to Reinstate Alcohol License to Kabob-e-Licious, 165 Massachusetts Avenue Owner/Manager Tarrnum Williams presented to request the wine, malt and cordial alcohol license be reinstated now that she has submitted her husband's TIPS certificate. Mr. Ebersole noted this was' the one condition by which the Board suspended the current license. He added there are now outstanding sewer charges due and there is a new law that supercedes the town bylaw to allow the town to deny local licenses and permits to any taxpayer who has neglected or refused to pay local taxes. However 14 day written notice of a hearing is required to be given to to the licensee. Ms. Bertitam urged Ms. Williams to set up a payment plan with the Sewer Commission. Motion: R. Ebersole 2"d: P. Bertram That the alcohol license for Kabob-e-licious be reinstated effective December 7, 2016 Vote: All in Favor Ms. Williams thanked the Board and exited the meeting. 2017 License Renewals Mr. Toale requested Mr. Burney go through the various classes of licenses. Mr. Burney reported all requirements for licensees are complete; workers compensation, liquor liability insurance, server certifications have been updated, safety inspections for section 12 alcohol licenses and fees have been paid. Taxes have been checked as well as other municipal fees. Bonds or a bank letter of credit for Class Il auto dealers are on file. The first category was auto dealer license renewals. AUTO DEALER LICENSES $100.00 LICENSEE NAME CHAPDELAINE TRUCK CENTER, INC. COLONIAL IMPORTS WEST, INC. COLONIAL IMPORTS, INC. JOE SMALLEY AUTO SALES, INC. HENRY A. & CAROL A. BAKER COLONIAL IMPORTS INC. CUSTOM AUTO BODY & SALES, DBA CHAPDELAINE TRUCK CENTER, INC. NORTH END MAZDA NORTH END SUBARU DAEWOO NORTH BAKER'S TOWING NORTH END SUBARU CUSTOM AUTO SALES & STORAGE LICENSE TYPE CLASS I CLASS I CLASS I CLASS I CLASS II CLASS II CLASS I| ===PAGE 3=== INC JOHN V. GOGUEN MICHAEL BARTNOWSKI MASS AVE. MOTORS INC. MICHAEL & ROBERT LOVEWELL PETER M. KELLY P&S TRUCKS AND PARTS INC. BAKER ENTERPRISES CO. INC. MICHAEL R. CHAPDELAINE P&S TRUCKS AND PARTS INC. J.G. SERVICE KC SALES AND SERVICES LLC MASS AVE. MOTORS INC. R.C. MOTOR SALES PMK MOTOR SALES P&S TRUCKS AND PARTS INC. THE AUTO BARN CHAPDELAINE AUTO SALVAGE P&S TRUCKS AND PARTS INC. CLASS II CLASS II CLASS II CLASS II CLASS I| CLASS II CLASS II CLASS III CLASS III Mr. Burney read aloud the list of Class I auto dealers. Motion: P. Bertram To approve the renewal of the Class I auto dealer licenses 2nd. R. Ebersole Vote: All in Favor Mr. Burney read aloud the list of Class Il auto dealers. Motion: P. Bertram To approve the renewal of Class Il auto dealer licenses 2"': R. Ebersole Vote: All in Favor Mr. Burney read aloud the list of Class III auto dealers. Motion: P. Bertram To approve the renewal of Class III auto dealers 2nd. R. Ebersole Vote: All in Favor Mr. Burney read aloud the miscellaneous license renewals. MISCELLANEOUS LICENSES LICENSEE NAME DBA MARK S. TESTA FIRST CHOICE LIMOUSINE & TRANSPORTATION SERVICE LAKEVIEW DRIVING RANGE LICENSE TYPE BASE-GOLF DRIVING RANGE FEE $60.00 THOMAS L. CROUNSE FIRST CHOICE LIMOUSINE LLOYD'S LIMOUSINE SERVICE LIMOUSINE LICENSE $25.00 LIMOUSINE LICENSE $25.00 2nd, R. Ebersole Motion: P. Bertram To approve the Miscellaneous license renewals Mi. Ebersole recommended reviewing the limousine license approval process to include background checks on all limousine drivers, not just the company owner. Vote: All in Favor Mr. Burney moved on to the alcohol license renewals and read them aloud. ===PAGE 4=== LICENSEE NAME 449 CORPORATION AMERICAN GRAFFITI, INC. B & H CORPORATION CAROL A. & HENRY A. BAKER CENTRAL MASS GARDEN CENTER DONALD E. LYONS DONNELLY'S TAVERN, INC. ELENA'S GOURMET GROCERY, INC FIFTY MASS AVE. LLC GENGHIS, INC. HONEY FARMS INC. JANG JUN LOU INC. JK WATERFRONT INC. KABOB-E-LICIOUS, LLC KJ WATERFRONT INC. LUNENBURG ZEDAS INC. MELENDEZ MAGANA INC. MIJ, INC. OLE AHAD PP GROUP LLC RED PEPPER INC. SARJUDAS LLC SE-FLAN DBA LICENSE TYPE FEE LAKEVIEW CLUB GENERAL ON PREMISE ALL ALCOHOL $1,450.00 AMERICAN GRAFFITI RESTAURANT ALL ALCOHOL $1,450.00 MICKEY SHEA'S RESTAURANT ALL ALCOHOL $1,450.00 BAKER'S WHALOM VARIETY PACKAGE STORE WINE & MALT $700.00 CENTRAL MASS GARDENS PACKAGE STORE WINE & MALT $700.00 SETTLER'S PUB GENERAL ON PREMISE ALL ALCOHOL: $1,450.00 DONNELLY'S TAVERN RESTAURANT ALL ALCOHOL $1,450.00 ELENA'S GOURMET GROCERY PACKAGE STORE ALL ALCOHOL $1,450.00 THE BOOTLEGGER : RESTAURANT ALL ALCOHOL $1,450.00 JAXX COUNTRY VARIETY PACKAGE STORE WINE & MALT $700.00 HONEY FARMS STORE #93 PACKAGE STORE WINE & MALT $700.00 ASIAN IMPERIAL RESTAURANT ALL ALCOHOL $1,450.00 ON THE ROCKS GENERAL ON PREMISE ALL ALCOHOL $1,450.00 KABOB-E-LICIOUS RESTAURANT WINE, MALT, CORDIALS $700.00 EMBERS PIZZERIA RESTAURANT ALL ALCOHOL $1,450.00 ZEDAS/BAD LARRY'S RESTAURANT ALL ALCOHOL $1,450.00 DARIO'S RESTAURANT ALL ALCOHOL $1,450.00 J & M'S SPORTS BAR GENERAL ON PREMISE ALL ALCOHOL $1,450.00 HADWEN MARKET PACKAGE STORE WINE & MALT $700.00 BANGKOK HILL • RESTAURANT WINE & MALT $700.00 IXTAPA CANTINA RESTAURANT ALL ALCOHOL $1,450.00 LUNENBURG LIQUORS PACKAGE STORE ALL ALCOHOL $1,450.00 SEAN PATRICK'S RESTAURANT ALL ALCOHOL $1,450.00 VICTORY DISTRIBUTORS, LLC HANNAFORD SUPERMARKET & PHARMACY PACKAGE STORE ALL ALCOHOL : $1,450.00 Motion: P. Bertram To approve the alcohol license renewals as read except for Kabob-e-licious LLC 2"d: R. Ebersole Vote: All in Favor Motion: P. Bertram 2nd: R. Ebersole To schedule a hearing on the alcohol license for Kabob-e-licious on December 27, 2016 Vote: All in Favor Mr. Burney read the automatic amusement devices license renewal list aloud. AUTOMATIC AMUSEMENT DEVICES LICENSEE NAME 449 CORPORATION AMERICAN GRAFFITI INC. B & H CORPORATION CAROL A. & HENRY A. BAKER DONNELLY'S TAVERN, INC. LUNENBURG ZEDAS INC. MIJ, INC $35.00 EACH DBA LAKEVIEW CLUB AMERICAN GRAFFITI MICKEY SHEA'S BAKER'S WHALOM VARIETY DONNELLY'S TAVERN BAD LARRY'S J & M'S SPORTS BAR $140.00 $70.00 $35.00 $105.00 $140.00 $105.00 $105.00 Motion: P. Bertram To approve the automatic amusement devices license renewals Mr. Burney read the jukebox license list aloud. 2nd. R. Ebersole Vote: All in Favor ===PAGE 5=== LICENSEE NAME JUKEBOX $35.00 449 CORPORATION AMERICAN GRAFFITI, INC. B & H CORPORATION DONNELLY'S TAVERN, INC. JK WATERFRONT INC. MIJ, INC. ZEDAS INC. DBA LAKEVIEW CLUB AMERICAN GRAFFITI MICKEY SHEA'S DONNELLY'S TAVERN ON THE ROCKS J & M'S SPORTS BAR BAD LARRY'S Motion: P. Bertram To approve the jukebox lieense renewals Mr. Burney read the common victualer license renewal list. COMMON VICTUALER $25.00 LICENSEE NAME 449 CORPORATION AMERICAN GRAFFITI, INC. B & H CORPORATION CAROL A. & HENRY A. BAKER CHANG YE PAPADIKI CONRAD'S DRIVE-IN INC. DONALD E. LYONS DONNELLY'S TAVERN, INC. FIFTY MASS AVE LLC GENGHIS, INC. HONEY FARMS INC. JD ENTERPRISES, INC. JIANG JUN LOU INC. JK WATERFRONT INC. KABOB-E-LICIOUS, LLC KJ WATERFRONT INC. LUNENBURG EXXON LUNENBURG ZEDAS INC. MELENDEZ MAGANA INC. MIJ, INC. NASHOBA VALLEY DONUTS, LLC PP GROUP LLC PRESTO PIZZA, INC. RED PEPPER INC. SE-FLAN VICTORY DISTRIBUTORS, LLC WHITE FARM LTD. ZEDAS INC. DBA LAKEVIEW CLUB AMERICAN GRAFFITI MICKEY SHEA'S BAKER'S WHALOM VARIETY THE LUNCH BOX CONRAD'S DRIVE -IN SETTLER'S PUB DONNELLY'S TAVERN THE BOOTLEGGER JAXX COUNTRY VARIETY HONEY FARMS STORE #93 SHADY POINT BEACH & CAMPGROUND ASIAN IMPERIAL ON THE ROCKS KABOB-E-LICIOUS EMBERS PIZZERIA LUNENBURG EXXON BAD LARRY'S DARIO'S J & M'S SPORTS BAR DUNKIN DONUTS BANGKOK HILL PRESTO PIZZA IXTAPA CANTINA SEAN PATRICK'S HANNAFORD SUPERMARKET & PHARMACY CHERRY HILL ICE CREAM BAD LARRY'S 2nd: R. Ebersole Vote: All in Favor Motion: P. Bertram 2"d: R. Ebersole To approve the common victualer license renewals except for Kabob-e-licious LLC Vote: All in Favor ===PAGE 6=== Motion: P. Bertram 2nd, R. Ebersole To notify Kabob-e-licious LLC d/b/a Kabob-c-licous of the December 27" hearing concerning the renewal of all 2017 licenses Vote: All in Favor Mr. Burney read the Weekday Entertainment license renewals aloud. WEEKDAY ENTERTAINMENT $100.00 LICENSEE NAME AMERICAN GRAFFITI, INC. DONNELLY'S TAVERN, INC. MIJ, INC. B & H CORPORATION FIFTY MASS AVE. LLC DBA AMERICAN GRAFFITI DONNELLY'S TAVERN J & M'S SPORTS BAR MICKEY SHEA'S THE BOOTLEGGER Motion: P. Bertram To approve the Weekday Entertainment license renewals 2"'. R. Ebersole Vote: All in Favor Mr. Ebersole requested the new M.G.L. and bylaw be sent to the Bylaw Review Committee. Mr. Burney reported the Treasurer/Collector was going to bring this to Annual Town Meeting for local approval. Mr. Toale referred the Board to the memo Ms. Peterson sent regarding the new renewal process for alcohol license renewal with the ABCC and requesting the Board authorize her to electronically sign on behalf of the Board for the 2017 license renewals. Motion: R. Ebersole 2n: P. Bertram To authorize Executive Assistant Peterson to provide an electronic signature on behalf of the Board of Selectmen, the Local Licensing Authority to indicate the action the Local Licensing Authority has taken on 2017 license renewals Vote: All in Favor Ms. Bertram asked to amend the motion to state the Executive Assistant is authorized to cover future renewals rather than just 2017 and to not authorize one individual. Mr. Ebersole accepted that amendment. Mr. Burney suggested amending the wording to "the Town Manager or their designee". Ms. Bertram stated she would accept that amendment. Mr. Ebersole seconded the amendment. Vote: All in Favor Discussion of Hiring a Stormwater Expert Ms. Luck stated she has attended many stormwater workshops and one recommendation is to look at what you are planning to pave and determine what stormwater issues can be economically addressed to further the mission of preserving the integrity of the roadways, reduce road flooding and eliminate some of pollutants from entering the waterways by redirecting storm water. She stated she had reason to believe by setting aside less than 10% of the funds that have been targeted for storm water for an engineer would enable them to develop a plan to address this issue. She believed a plan such as this would allow the town to apply these efforts to fulfill the requirements of the new Ms4 permit, demonstrate to the townspeople that we are serious about stormwater management and provide a model of how successful stormwater management improves our roadways. This would provide a real-time assessment of stormwater management that we can use at budget time. She introduced Mike Clark from DCI Engineering and stated he would like to address the Board. Mr. Clark stated he started working with the town on the new Ms4 permit. You have funding set aside for repaving and you want to dedicate some of that toward stormwater management so you don't have to return later and tear up new roads. There is design and permitting but there is also implementation and procurement. Traditionally you would rely on the engineer for a standard design. There may be other alternatives to doing that, but at this point he didn't know enough about the watershed and paving plans to determine that. He also hasn't talked to the DPW Director so he didn't know where he would stand on this. Conservation Commission is also involved in this process. ===PAGE 7=== Ms. Bertram stated this Board will be holding a workshop meeting to discuss pavement management, identify stormwater issues on the planned roads and discuss the Complete Streets Program. She noted he is researching what has been done up to the present regarding the Ms4 permit process. Is this information going to be helpful in determining future stormwater improvements? Mr. Clark stated he just signed a contract with the town last week. As we go through the permit process, there is definitely information there. Another key issue is to look at the pavement management plan. Mr. Ebersole stated he thought procurement at this point was too early. While he supports the concept, he wanted to see the information we already have and participate in the pavement management plan/streets workshop first with the DPW Director. Ms. Bertram agreed and thought a review of the data we already have was the first step. Mr. Clark stated from a planning view you look at all the existing state and local GIS mapping and identify where water is being discharged. Then the Town can prioritize locations and strategize. Mr. Toale stated there is a stormwater task force that is addressing that, a pavement management plan and there is the Conservation Commission. All of them intersect at various points. Who do we want coming to the workshop and what is the desired outcome of it? Ms. Bertram stated there are the pavement management plan and the Complete Streets program. We need to know which roads are coming up for paving and what the drainage issues are and what the proposal is to address them. That is the stormwater piece. The second piece is the Complete Streets Program and a discussion about whether it fits Lunenburg. Mr. Ebersole stated he saw this as expanding and enhancing the pavement management plan. Further discussion ensued DPW Director Rodriquenz stated when this plan was formed we estimated the pavement and stormwater improvement costs, which was difficult to do. $500,000 was dedicated to stormwater. We consider the subsurface utilities; we always considered these types of things, especially drainage. This is something we've been doing all along. In terms of soil conditions, how the roads work, the condition of the structures, he believed he was the best person to make that decision. Where we really need help with is to review existing conditions which is time consuming and labor intensive. We combine the structure analysis with the cleaning of the catch basins so we know what we are doing before we pave. Another component of stormwater is where the water goes and many times it affects private property. We need to work with residents and get neighborhoods involved. We don't have easements. He has been working with an experienced certified horticulturist and other companies on rainwater gardens and the local micro-climate. There are a lot of things in process. Mr. Ebersole stated when we get to paving we should advertise it so people are aware. We can talk to property owners about granting an easement for placing a rain garden. Ms. Bertram stated this is the kind of dialogue we want to have at the workshop. Mr. Toale suggested scheduling this as soon as possible after the new Town Manager starts, probably February. Ms. Luck thanked Mr. Clark for coming in this evening. There was no further public comment. Motion:P. Bertram To adjourn the meeting at 8:22 p.m. 2nd. R. Ebersole Vote: All in Favor Respectfully submitted, Elaine In Peterson Elaine M. Peterson Executive Assistant to the Town Manager