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STA TADM
RECEIVED & FILED
JUL 19 2017
LUNENBURG TOWN
CLERK OFFICE
BOARD OF SELECTMEN
MINUTES
Joseph F. Bilotta Meeting Room, Town Hall
June 6, 2017
The Board of Selectmen met in the Bilotta Meeting Room with Jamie Toale, Chairman; Robert Ebersole, Vice
Chairman; Paula Bertram, Clerk; Phyllis Luck, Member, Damon McQuaid, Member and Town Manager
Heather Lemieux.
The meeting commenced at 7:00 p.m. with the Pledge of Allegiance.
PUBLIC COMMENT
Mr. Ebersole stated Route 2A is under construction by MassDOT and advised caution due to raised sewer and
manholes.
Mr. Toale thanked all who participated in the Memorial Day observance ceremony. The Fire, EMT and Police
Memorial ceremony is scheduled for Sunday, June 11" at 8:30 a.m. at the Public Safety Building.
Michelle Belleza, Executive Director of the Lunenburg Boys and Girls Club, presented to request to a tollbooth
fundraiser on Saturday, June 17'h
h. This will be scheduled on the June 13* agenda.
Vote on Property Acquisitions and Award of Damages for Summer Street
Trish Domigan of Vanasse, Hangen, Brustlin, Inc. presented a draft copy of the Order of Taking for the purpose
of undertaking road construction for roadway, pedestrian and bicycle accommodation improvements along
Summer Street and temporary and permanent drainage easements. She requested the Board vote to acquire the
land that is needed for the transportation improvement project and to record the Order of Taking for the land
acquisition needed for the project.
Motion: R. Ebersole
20°: P. Bertram
To perform the Order of Taking as submitted on the handout for the temporary and permanent
easements and the Order of Taking listing all the property owners and the damages listed within the
handout Discussion: Ms. Bertram asked where the funding for the just compensation would be coming from.
Ms. Domigan stated she recalled 2016 fall Special Town Meeting allocated the funding at that time.
Mr. Ebersole stated the total amount for just compensation is $32,530.
Vote: All in Favor
Land Use Director Burney notarized the Order of Taking.
Appointment to Personnel Committee- Erik Arnold-term to expire 6/30/2020
A letter of recommendation for Mr. Arnold was presented from Town Moderator tim Murphy, who could not be
present this evening. Mr. Toale invited Mr. Arnold to the podium. Mr. Arnold stated he heard there was a need.
He has some experience in negotaiting contracts; he is the High School Principal and he has also been a teacher.
Ms. Bertram stated she knew Mr. Arnold personally and has worked with him. He will be a valuable asset to
the Personnel Committee. She thanked him for coming forward.
Motion: P. Bertram
2": R. Ebersole
To appoint Erik Arnold to the Personnel Committee
Vote: All in Favor
Thank You letters to Building Reuse Committee
Mr. Toale stated the members worked for almost four years on their charge. They have finished their work. The
Board signed the letters to Damon McQuaid (Planning Board), Mike Mackin (School Committee), Mark
Erickson (Finance Committee), Rebecca Lantry (Historical Commission), Dave MacDonald and Ron Albert
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(Citizens at Large). He also wanted to thank John Londa, Facilities Director, Adam Burney, Land Use Director,
and Ms. Lemieux for their support to the committee. He read the letter aloud:
The Board of Selectmen, on behalf of the Town of Lunenburg, would like to thank you for serving on the Building
Reuse Committee. This committee researched the existing condition of Town-owned property and explored possibilities
for consolidating the Town's municipal operations at a single location, compared costs and benefits and made
recommendations that will become part of the Town's operating plan in FY18. In addition your committee was
instrumental is driving the creation of the zoning bylaws for the Village District and the safeguards created under the
Architectural Protection District. Thank you for the many hours you have put into this important project and your
dedication to the "charge" the Selectmen gave you. You delivered on your assignment and should be proud of your
achievements.
Motion: P. Bertram
2'd; D. McQuaid
To sign the thank you letters to the Building Reuse Committee as read by the Chairman Vote: All in
Favor
Mr. McQuaid thanked Mr. Toale for chairing the committee for all four years.
Public Hearing to Discuss the Unifier Festival at 300 Holman Street: Weekday Entertainment and
Sunday Entertainment License for June 22- 25, 2017.
He reminded those present that the Board of Selectmen is here to review the Weekday Entertainment and
Sunday Entertainment Licenses. The Board of Selectmen does not have jurisdiction over zoning.
Morgan Leger, Lunenburg Ledger reporter, stated he has been covering the Unifier event and the background of
the former Lane property, part of which is now owned by Daron Massey.
Attorney Thomas Lesser, of Lesser, Newman, Aleo & Nassar, LEP, stated he was here representing the Unifier
Festival. Attorney Lesser noted the Board previously issued an entertainment license after consultation with the
Building Department, Board of Health, Police Department and the Fire Department. The Unifier Festival has
been vigilant about working with those departments and finding out what their concerns are. Those concerns
were addressed as conditions of the entertainment license that was issued. The festival occurred for the last two
years in Tolland, MA and had no incidents. This festival is family oriented for ages eight to eighty and there is
no alcohol or drugs allowed at the festival. This event is professionally produced by Greg Jones who
coordinates the Green River Festival with 15,000 attendees. This festival is limited to 500 tickets. It is issued
appropriately under section 181 of M.G.L. Chapter 140: No application shall be denied if the anticipated harm is not
significant or if the likelihood of its occurrence is remote. The mayor or selectmen may impose conditions upon a license
but said conditions may only relate to compliance with applicable laws or ordinances, or to public safety, health or order,
or to steps required to be taken to guard against creation of a nuisance or to insure adequate safety and security for patrons
or the affected public.
He stated the Board has set the conditions. We are here tonight for a technical process, to issue a Sunday
Entertainment license. We ask that you revise the Weekday Entertainment license and issue a Sunday
entertainment license.
Jeffrey Mendoza, 162 Lancaster Ave, also the Agricultural Commission Chair, felt strongly that Lunenburg is
appealing due to the amount of open space. He believed if those of us who own large pieces of land are not
allowed to do what we want with it; the incentive to sell to developers becomes very strong. In this case, owner
Daron Massey is not only looking to host this one-time event; he is open to letting others use the land. Local
farmers have been approached to provide food products for the festival. From an economic standpoint for the
farmers, he would hate an economic opportunity to be denied to them. Unifier is also bringing local vendors to
the festival.
Attorney John Dombrowski of Dombrowski, Aveni & Bunnell, P.C., stated he sent a letter to the Board
representing Christopher Barrile, Dana Barrile, Steven Whitman, Linda Whitman and at least thirteen other
households on Holman Street. We don't doubt the veracity and the good intentions of the petitioners; everybody
loves a festival. These people all live there. This is a four-day event with five hundred people, you read the
social media and it really is a five-day event as there is a breakfast the following morning.
He asked the Board to consider that the following activities are not permitted by town zoning bylaw; vendors,
food trucks, campground... This street is about fourteen feet wide at many locations and is a dead end road due
to the bridge being closed. Access for emergency vehicles is going to be greatly impacted. Loud music will be
played throughout the day; he was glad he didn't live there. This Board needs to address pedestrian and
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vehicular traffic, parking, probable disruptive conduct and increased noise level. The remedy for the owner of
this property is to seek a special permit. This action is ill advised at this location. We ask the Board to rescind
this entertainment license.
Heather Bowen, 188 Flat Hill Road, stated she worked at the first Unifier Festival four years ago and has
worked at several other larger festivals over ten years and she was completely impressed by Jason Cohen's
festival and how he organized it. People came to the festival in small groups during the event. Traffic was not
an issue. People leave at different times during the festival. It is a very slow coming and going. She added it is
the quietest festival she has ever attended. The respect for the land and the community around them is surprising
and enlightening. She thought the people on the street should come and enjoy it rather than try to push
something so great away from our community.
Chris Barrile, 484 Holman Street, was upset to learn the entertainment license was issued. This Unifier event is
just part of a larger calendar of events for 300 Holman Street. Recently the owners at 300 Holman Street have
held several events. Neighbors have reason to believe there will be a wedding held there later this summer.
This is not a one-time event; this is an event venue being operated at 300 Holman Street. He stated this event
might have an environmental affect on private wells, Mulpus Brook and Hickory Hills Lake. Security has not
been adequately addressed. Holman Street will not be able to accommodate all the vehicular traffic. Noise
pollution has not been accurately addressed. He hoped the Board would revoke the entertainment license.
If this event is approved, he asked to add three additional conditions to the license. No on-site parking should be
allowed. Secondly, this event be limited to Friday and Saturday during normal business hours of 9:00 a.m. to
5:00 p.m. with no overnight camping and no activities on Sunday. If camping is still allowed, he asked that a
licensed environmental company conduct daily testing of Mulpus Brook and that Unifier place $100,000 in
escrow in case of needed remediation.
Matthew Allison, 188 Flat Hill Road, stated Holman Street is not a dead end road. The DPW pavement
management plan dated March 2016 classifies Holman Street as a secondary road equivalent to traffic volumes
on Lakeview or Flat Hill before the bridge was closed in 2010. It remains closed at the request of the Holman
Street landowners. It may be loud during the day but there is no noise regulation in Lunenburg. A special permit
probably will probably be sought in the future but this is a single event. Mr. Allison pointed out that if camping
is allowed on conservation land, then there could potentially be camping within 300 feet (on the other side of
Mulpus Brook) of the previous speaker's property.
Vincent Wnuk, 503 Holman Street, stated his objection is on a personal level; his cat and his neighbor's dog
have been sighted in the middle of the road. He has seen his neighbors' children in the road. It's a very small
road. He was one of the ones that said don't fix the bridge, our traffic problems have gone away and we want to
keep it that way.
Thea St. Martin, 484 Holman Street, stated she did not think that any of us have any doubt that Unifier is a
professionally organized group. This road is small and private and cannot handle that amount of traffic. She
requested the Board reconsider the license.
Eric Short, 502 Holman Street, is still dismayed that the residents were not notified in writing of the license
hearing. He had major concerns about future events at this property. He had several questions concerning the
details of the event. He encouraged the Board to reconsider the license.
Mary Thurston, 487 Holman Street, echoed what the other previous residents stated. She added she has three
children and they ride their bikes up and down the street. Safety is her main issue. Who's paying for the police
detail, taxpayers?
Jessica Frank, 278 Holman Street, expressed concerns about infrastructure. The Town is ill-equipped to handle
emergencies. What if there is an emergency, are people going to be trampling thorough our property to get out?
Are people going to be breaking into our houses?
Ann Lockwood, 91 Main Street, read aloud a letter she sent to the Board to express support for the Unifier
event.
Dana Barile, 484 Holman Street, stated she had concerns about safety, noise and traffic.
Diane Aldrich, 500 Holman Street, wanted to add to the previous concerns about the width of the street. If you
haven't been on the street, you should go down there. Would you want it on your street for four days?
Derek Matson, 4 Windemere Drive, stated he did not understand why there was no notification regarding the
entertainment license. This event sets precedent for future events and is not the correct location for this.
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Carol Higgins, 41 Hilltop Lane, stated she did not know the history of the Lane estate and hoped something
could be worked out. It is an incredible piece of property. She hoped it could be a venue for the arts in the
future.
Steve Weaver, 288 Holman Street, echoed what the other residents stated. He has called the Police several times
about people parking down by the bridge doing whatever. He was concerned about the pond and people
swimming in it and raising bacteria levels.
Katey Adams, 45 Williams Drive, did not want to weigh in on the event. But she was present for the last two
meetings addressing the event. Maybe letting it happen will give us a chance to see if it has all the negative
outcomes, we will learn what type of impact these events would have.
Mr. Toale stated at this point he was closing the public comment. Ms. Bertram stated she was very familiar with
Holman Street and was a member of the land acquisition team for the Lane property. She stated she is
sympathetic to the residents on Holman Street and when the initial request was submitted, she had many of the
same concerns voiced this evening. The applicant was directed to go to the pertinent town departments (Board
of Health, Conservation, Fire and Police) and ensure all of their requirements could be satisfied. We continued
the hearing to give the applicant time to contact those departments and receive comments from them. All of the
requirements of those boards have to be met as a condition of the license being granted. As was stated earlier
by the applicant's attorney, the law requires us to approve a license absent significant public health or safety
issues. There was a problem procedurally as a Sunday Entertainment license should have been issued.
However, she believes this Board has approved the license and answered those requests. If all the requirements
for the license are not met, the event won't go forward. At this point she would not recommend this Board
revoke the license.
Mr. McQuaid stated he was not a Board member when the entertainment license was originally approved, but
he was present for both of those meetings. As concerns were raised tonight, he believed this Board did a good
job addressing those issues. He would have a hard time agreeing to revoke a license based on the thoroughness
of the license requirements and one that has already been granted
Mr. Ebersole stated he has walked that property. He echoed his Board members regarding to the requirements
of the law that this is not in our discretion to disapprove if the safety concerns have been addressed to the
satisfaction of the town departments. He believed the Board could handle the bureaucratic process of the
weekday and Sunday entertainment licenses. He encouraged the proponents of the application to hear the
comments regarding future events; to make sure future events don't turn into a commercial establishment.
Mr. Toale wanted to clear up one item, obviously our public safety personnel are going to do their jobs, but any
additional details will be at the expense of the applicant not the taxpayers.
Motion: R. Ebersole
2n°: P. Bertram
To amend the approval of the weekday entertainment license to include the dates of June 22- 24, 2017
Discussion: Ms. Bertram added all of the requirements of the prior approval stand.
Vote: All in Favor
Motion: R. Ebersole
2nd: P. Bertram
To approve the Sunday Entertainment License for June 25, 2017 until 10:00 p.m. with the same
conditions as the weekday license
Vote: All in Favor
Mr. Toale thanked everyone for their input. He called a five-minute recess in order to allow people to leave the
meeting. The meeting resumed at 8:33 p.m.
Rain Barrel & Compost Bin Proposal from Storm Water Task Force (SWTF)
Ms. Luck reported currently rain barrels ($56) & compost bins ($43) are individually sold at cost.
The 2017 Annual Town Meeting established a revolving fund so that sales revenue from the rain barrels and
compost bins will be placed into this fund (formerly they went into the Town's general fund). The grant
through which these are purchased, currently $3400 annually, allows funds to be saved and expended over time
on a variety of named items/tasks. There is no cost to the Town to purchase the rain barrels/compost bins. It
benefits the Town is to get more of them out into the community to mitigate stormwater runoff issues (rain
barrels) and reduce the amount of waste (compost bins) that needs to be hauled out of town.
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In an attempt to get more rain barrels and compost bins out into the community, the SWTF has suggested that if
purchased together, the pair be sold for $80 (a $19 savings). Town departments/boards may also request to
receive barrels/bins at no charge. There is a Conservation Commission request outstanding at this time.
It seems appropriate to establish a policy, approved by the Board of Selectmen through which these goals may
be accomplished.
The Storm Water Task Force, in an effort to promote the use of rain barrels and compost bins in our
community, proposes the following policy:
• Rain barrels/compost bins, when sold as a pair, will be sold at a reduced price. Using the current cost of
$99 per pair, the proposed reduced rate would be $80 for the pair (a $19 savings, about 20%).
• Rain barrels/compost bins may be awarded when requested, to Town departments/boards at no charge.
• Any other such reduced price/give away offer will be at the discretion of the SWTF, as approved by the
Board of Selectmen.
Ms. Bertram applauded the effort in order to get them out into the community. She asked how long is the grant
good for. Ms. Luck stated we apply annually. Ms. Bertram asked if the Town is paying for the compost bins and
the rain barrels with the grant funding. Ms. Luck stated yes. Ms. Bertram stated she did not want to leave the
discount amount open- ended and proposed establishing a limit. Mr. Ebersole recommended this be done with a
limit of $1000 annually, to include what we give away at no charge. Further discussion about use of the grant
funding ensued
Motion: R. Ebersole
2nd. P. Bertram
To approve the policy as submitted with a limit of $1000 per year for the amount discounted or given
away
Vote: All in Favor
Finance Director Contract: Vote to Approve and Sign
Ms. Lemieux reported this Board met in Executive Session to discuss the Finance Director's contract. On May
23* they came to agreement and the Finance Director agreed to their terms. Tonight the Board needs to
approve and sign the agreement.
Motion: R. Ebersole
2nd; P. Bertram
To approve the contract with the Finance Director as negotiated by the Board of Selectmen
Vote: All in Favor
Warrants/Minutes/Action File Issues
Minutes of May 2 and May 16, 2017 were approved. An accounts payable warrant in the amount of
$1,766,514.03 was signed.
Committee Reports:
Ms. Luck reported the School Committee reorganized at their last meeting. Heather Sroka is the new Chair. She
Will remain on Capital Planning. Facilities Director John Londa requested a line item transfer of $53,604. This
is due to surplus due to savings on gas and electricity. $10,000 will go to Turkey Hill Elementary for asbestos
abatement/removal of old tile flooring and replacement with carpeting and vinyl tile. They are also replacing a
counter. $20,000 will go towards patio furniture and trash barrels. $22,558 will go towards the purchase of a
John Deere tractor. The Lifelong Learning Advisory Committee has worked with Fitchburg State University
Alpha Program used primarily during the day for senior citizens. They would like to reach out to Lunenburg but
would need space, possibly the T.C. Passios at no charge.
Bill Tannacci presented a final detailed proposal for the A. J. Robbins Memorial Field House addition which
was approved by the School Committee with thanks.
The Zoning Board of Appeals granted Dan Proctor a special permit to place a car wash at 380 Electric Avenue.
They amended a special permit for Lunenburg Self Storage at 270 Electric Avenue to allow 24-hour access.
They heard the petition of Melissa Suvin, DVM, for a veterinary clinic at 324 Electric Avenue. Embers Pizzeria
owner Ken Ricker petitioned to expand his outdoor patio at 84 Lakefront Avenue. Eric and Stacy Manseau, 11
Beachview Drive, petitioned to install an 8-kilowatt small-scale ground mount solar system.
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Ms. Luck and Ms. Lemieux attended the MART Advisory Board meeting on May 30t
. MART intends to honor
all Council on Aging invoices for fiscal year 2017. For fiscal year 2018, they will limit the reimbursement of
administrative costs to a third of the cost of transportation. They will be holding a meeting for all the
communities that use the MART vans.
Mr. Ebersole reported the Library Trustees continue to work on their meeting room use policy. The Sewer
Commission is having the state install sewer manholes during the construction on Route 2A. The
Sewer Commission is paying for the manholes but the state is installing at no cost to the Town. They continue
work on grease traps.
Mr. Toale reported the Finance Committee met on May 25'h
• They will reorganize at their next meeting on June
Town Manager Report:
Ms. Lemieux added to Ms. Luck's report on the school's request to use the Passios building. After speaking
with Supt. Calmes, it has been decided the school will be able to accommodate the Alpha Program at the
Middle/High School. Because this benefits senior citizens, Ms. Calmes will approach the Council on Aging
Director and the Library Director to see if they can provide space as well.
Bill lannacci is scheduled on the next Board meeting to request to waive the permit fees for the field house
project, not including the electrical and plumbing fees.
Town Hall Update: the beginning of the removal of records from the basement began last week and will
continue this Thursday. Ten percent of the records were stored in a trailer until transferred to a remediation
center. We will be getting estimates for remediation work.
Complete Streets: we received notification that our Complete Streets Policy received a passing score and we are
now eligible for technical assistance funding. A typical technical assistance award typically ranges between
$22,000 to $38,000. We will be obtaining a scope of work proposal to submit to MassDOT in order to receive
the funding.
DLTA Grant Application for Inventory of Property: Ms. Lemieux met with John Hume of MRPC and Charles
Springer of TRC that MRPC has hired to help with their Brownfields program. MRPC will assist the Town with
creation of an inventory of the brownfields in town that includes a map to identify those parcels. This project
will be funded closer to the fall.
Announcements: Conservation Commission will be holding a hearing on June 21% to discuss the proposed
Verizon Wireless Tower at the Middle/High School.
There will be a ribbon cutting ceremony at the corner of Pearl Hill Road and Fischer Road in Fitchburg for the
Nexamp solar project.
Ms. Lemieux reported we received a letter from the Lake Shirley Improvement Corporation expressing
appreciation to Police Chief Marino and Fire Chief Sullivan who are present at the LSIC annual meeting every
year. She noted that National Emergency Medical Services week which was May 21 through May 27t
Mr. Toale stated their next meeting is June 13". The June 20 Board meeting will be a workshop and focus on
traffic rules and regulations. It will not be televised. June 15 is the Comcast cable license hearing. July 4* is a
holiday. There was no further public comment.
Motion: P. Bertram
To adjourn the meeting at 9:00 p.m.
2"%: R. Ebersole
Vote: All in Favor
Respectfully submitted,
Elaine M. Peterson
Executive Assistant to the Town Manager