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Also present: Heather Lemieux, Town Manager
The meeting commenced with the Pledge of Allegiance.
ANNOUNCEMENTS
Mr. Toale announced the front cover of the Special Town Meeting warrant lists the date as being on Monday,
November 28, 2017. The meeting is actually on Tuesday, November 28th.
". The actual warrant inside that mailer
lists the correct date and time.
The annual Tree Lighting ceremony will be held at the Town gazebo on Thursday, November 30 at 6:00 p.m.
Ms. Luck announced the Lunenburg High School Marching Band will be playing at the school at 6:30 p.m. and
6:45 p.m. before the Special Town Meeting on November 28th.
PUBLIC COMMENT:
Tom Alonzo, 284 Lancaster Avenue, reported the Boys & Girls Club 3d Annual Rockin' Auction will be this
Saturday, November 18' at 7:00 p.m. at the Leominster Eagles Club. More information is available at their
website; http://bgcluboflunenburg.org. Tickets can be purchased online or at the door.
APPOINTMENTS
License Violation Hearing- Embers Pizzeria-84 Lakefront Drive
Mr. Toale reported the owner of Embers Pizzeria did not receive the certified letter notifying him of the hearing
and would like to reschedule to December 5th
Motion: R. Ebersole
2"': D. McQuaid
To reschedule the Embers Pizzeria license violation hearing for 84 Lakefront Drive to December 5, 2017
at 7:15 PM
Mr. Ebersole amended his motion to 7:00 PM and it was seconded by Mr. McQuaid Vote: All in Favor
Police Chief Marino suggested the Police Department hand deliver the next hearing letter.
Tollbooth Request -December 9; Salvation Army- Dave MacDonald
Dave MacDonald, 155 Island Road, and Envoy Lynette Valentine of the Salvation Army presented the request
for the tollbooth fundraiser for December 9. The funds send children to camp, pays for summer programs,
funds a music mentoring program, and/or funds the food pantry (for Fitchburg, Leominster and Lunenburg).
There is a lot of need in the area. MacDonald stated they would like to conduct the tollbooth fundraiser in the
center of town and at the intersection of Route 13 near CVS from 9:00 a.m. to 3:00 p.m. They also have a red
mailbox in the Town center for letters to Santa. Santa will also be there on the 9th
, weather permitting.
Motion: D. McQuaid
2"°: P. Luck
To approve the tollbooth fundraiser for the Salvation Army on Saturday, December 9"* from 9 am to 3
pm
Vote: All in Favor
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dressed appropriately for his age without attempting to present himself as older or younger than he was. He
wore a green Bar Harbor Whale Watch t-shirt, light brown khaki pants and black boots. A picture was taken of
the party's attire. He was instructed to enter stores and bars and to attempt to purchase alcohol without
identification and to not have any other belongings with him for the duration of the program and to not be
deceptive with his requests. The party was subjected to a Preliminary Breath Test (PBT) at the beginning which
yielded a blood alcohol concentration (BAC) of .000%. He was provided with $80.00 for use if he was able to
successfully purchase alcohol. If he was successful at a store, he was to bring the alcohol directly to us. If he
was successful at a bar, he was not to touch the alcohol in any way. The initiative was conducted at all stores
and bars in town that sell or serve alcohol.
Bakers Whalom Variety- 423 Electric Avenue. At 6:15 p.m. the party entered the store, removed a 12 pack of
Coors Light cans and brought them to the counter. He advised that the store clerk, later identified as Rosita
Claudio, did not request identification and processed the sale. He then exited the store at 6:17 p.m. and turned
the beer over to us. A receipt is attached to this report. At the conclusion of the initiative the party was
administered another PBT which resulted in a BAC of .000%. Officer Tocci and I returned to the establishment
to advise them of the violation.
Owner Carol Baker stated it did happen as Officer Morreale stated. She stated she was not there and when the
officers came back to tell Ms. Claudio that she had sold alcohol to an underage person; it wasn't done
purposely. She called me right away very upset. I was very upset also because this was the first time in twenty
years that this has happened. I believe what they said is right, I'm not denying it. What I tell my employees now
is to make sure they look at the person; 1 have told them to check identification for anyone who looks thirty
years or under. I also want them to be cognizant of new people coming into the store that they have never seen
before, sold alcohol to before or ever carded before; to actually card them no matter what age.
Mr. Toale after asking for any more testimony and receiving none, closed the hearing.
Motion: R. Ebersole
2': D. McQuaid
That a liquor license violation did occur on September 21% at Baker's Whalom Variety Vote: All in Favor
Motion: R.Ebersole
That the Board issues a written warning as this is the first offense
2"d: D. McQuaid
Vote: All in Favor
Ms. Baker thanked the Board and exited the meeting.
Minutes/ Warrants/ Action File Issues
Mr. Toale reported there were minutes from October 10 and November 9, 2017. He thanked Ms. Luck for
documenting the November 9" meeting.
The Board signed an accounts payable warrant in the amount of $254,015.09; a payroll deduction warrant in the
amount of $24,125.06; a payroll warrant in the amount of $1631.18 and a payroll warrant in the amount of
$783,204.53.
Ms. Luck stated she has not received the master plan for Turkey Hill Elementary School, the options for
relocating the central offices and the points of discussion for the joint meeting with the Board of Selectmen. Ms.
Lemieux referred her to the Board's google drive folder for November 21st
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We are currently in the design phase and plan to launch the new website at the end of January or early February.
Tax Classification Hearing
Mr. Toale read the following hearing notice aloud:
The Board of Selectmen will hold a public hearing on November 14, 2017 at 7:30 P.M. as required by M.G.L.
Coper to or the ise lo thing the local prety tax he among the four class, rear, lasers ill
Floor, Joseph Bilotta
Meeting Room, at 17 Main Street, Lunenburg, MA. Jamie Toale, Board of Selectmen Chairman
Mr. Toale opened the hearing.
Rebecca Boucher, Associate Regional Assessor, gave tonight's presentation. She stated every year before the
ax rate is set at on ve 0312053.224, the estimate ling to a raised is 25,84,541.01. Non the heater r
ggregate valuation ot $1.312,058.224
at $481,496. The excess levy capacity is $928.99. Residential property valuations are about 90% and
commercial property valuations are slightly less than 10%. The estimated tax rate is $19.70. For every $1.00 the
commercial, industrial and personal property tax rate is increased, the residential rate would only see a decrease
of 11 cents, which isn't much of an alleviation of the tax burden. The tax value went up for the average single
family home from $267,155 for fiscal year 2017 to $282,996 for fiscal year 2018. The average tax bill increased
by 4.4% from $5,337.76 in fiscal year 2017 to $5,575.02 in fiscal year 2018. Commercial and industrial values
did stay relatively flat this year and the residential class increased by 5%.
The Board of Assessors recommends that the Board of Selectmen adopt a single tax rate to be applied to all
classes of property in Lunenburg.
Motion: R. Ebersole
2"°: D. McQuaid
That the Board of Selectmen votes in accordance with M.G.L., C. 40, §56, as amended, the percentage of
local tax levy which will be borne by each class of real and personal property, relative to setting the Fiscal
Year 2018 tax rates and set the Residential Factor at 1.0 with a corresponding commercial, industrial and
personal shift of 1.0 pending approval of the town's annual tax recap by the Massachusetts Department
of Revenue.
Vote: All in Favor
CURRENT BUSINESS
1. Discussion and possible recommendations, if any on Special Town Meeting Articles
Mr. Toale reported the Board had a posted meeting in conjunction with the Finance Committee public hearing
on the Special Town Meeting warrant articles. The Selectmen, except for Mr. McQuaid, went through all the
articles and voted recommendations which we will share with Special Town Meeting as the Town Moderator
requests. Mr. McQuaid reviewed the minutes of November 9* and watched the video of the meeting. Mir.
McQuaid agreed with the recommendations and also with the ones we wish to wait for a presentation to be
given. Mr. Toale stated the Board came up with three possible responses to the moderator; 1) they would like to
wait until the presentation is given at town meeting; 2) we recommend for approval and 3) we recommend
against approval.
Mr. Ebersole stated they did not take a stance on the collective bargaining agreement articles because they need
more information; they held a recommendation on the playground and are recommending disapproval on the
moratorium on selling public buildings. All other were recommended for approval.
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introduced to stormwater, drainage catchments and watersheds.
Mr. Ebersole reported the Charter Review Committee meets tomorrow night. They sent the town charter out to
various departments/committees and they are reviewing it. They continue to meet and go over various items.
Mr. Toale reported the Finance Committee met and held their hearing on the Special Town Meeting articles. He
attended the Council on Aging meeting this morning. They are in the process of setting their goals and would
like to present them to them to this Board at a later date.
3. Designer Selection Procedures (from Town Manager Report)
The designer selection law M.G.L. c. 7C, S§ 44-57, requires municipalities to adopt written designer selection
procedures which must be used when contracting for design services for any building construction,
reconstruction, alteration, remodeling or a repair project that has an estimated construction cost of more than
$100,000 and an estimated design fee of $10,000 or more (must meet both criteria).
Design services include the preparation of master plans, feasibility and other studies, surveys, soil tests, cost
estimates and programs, preparation of drawings, plans and specifications; supervision or administration of a
construction contract; and construction management and scheduling. The Office of the Inspector General has
model procedures, which the Designer Selection Procedures before the Board tonight are based upon. The
Town last updated these procedures in 2005 and there have been changes in the statute which are reflected in
the updated version. There are three basic steps of design services, 1) Planning Stage (feasibility study, value
engineering), 2) the Design Stage (schematic design, preparation of final plans, specifications and other bid
documents, updated project cost estimates), 3) Contract documents, contract administration services.
Motion: R. Ebersole
2nd: D. McQuaid
To adopt the designer selection procedures as submitted
Mr. Toale noted that there is one article on the Special Town Meeting that calls for some design work but it
doesn't meet this criteria.
Vote: All in Favor
APPOINTMENTS
Architectural Preservation District Commission (APDC) Guidelines
Richard McGrath, APDC Chairman, reported at the May 2, 2015 Annual Town Meeting, the Town voted to
create the Architectural Preservation District. This bylaw was created to protect the historic architectural
heritage of Lunenburg when the Town voted to open up the center of Town to development with the Village
Center District bylaw.
The APDC was set up to form the rules and regulations of the APD and to administer them. We are an
independent commission. After two years of work with many meetings and loads of homework and research,
the APDC regulations and guidelines are complete. Tonight we will review the document page by page and
following that I assume the Board of Selectmen will have comments and questions as well as public comment.
On November 20, 2017 at 7:00 p.m. at the Ritter Building, the APDC will hold a public hearing at the end of
which the commission will vote to accept the APD guidelines and regulations. In the spirit of truth, gratitude
is always in order. I wish to acknowledge the commission members, Brian Corcoran, Cullen Dwyer,
and Jim Laveck, who collectively worked diligently on the formation of this document. I was amazed and
elevated by their capacity, intelligence and devotion to the task. My gratitude goes forth to Land Use Director
Adam Burney, our guiding light without whose extensive experience and understanding of the structure of
documents, procedures and government; we would have been lost in the woods without a compass. His door
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that have been made since that date. One of the things we did was to identify the areas in which the regulations
and the guidelines met with the bylaw where they were supported with the bylaw. Our mission had not changed
since August and this is supported by section one of the bylaw. The mission is to preserve and enhance the
historic character of the APD and of the Town in general. Specifically the bylaw authorizes the APDC to
regulate the alteration or demolition of Contributing Properties. Any building or structure, including stone
walls, that is within the APD that is greater than 75 years old is a Contributing Property.
He noted there was some concern about the meaning of historical value and how the APDC was using that in
how they are making decisions. We are looking at a project as a whole, not as individual pieces; how it either
maintains or adds to the architectural preservation of the property.
Some of the things we would look at relative to historical value are the known history of the property,
originality, antique value, authenticity of the materials and methods of construction and appropriateness within
the context. We did identify the field guides and listed some style guides to provide additional background. We
added some references and websites for more information.
We removed some wording on rotten chimneys as we determined that was not supported by the bylaw. There is
a reference to it in the criteria of evaluation under situations that would be considered demolition by neglect.
Under the APDC Approval Decision Process, we removed the reference to the APDC weighing cost. It is not up
to the APDC to determine it it is a cost ettective solution or necessary correction. We are not assigning any
dollar values due to the subjectivity. The effective date of this document will most likely be December 1' of this
year. The only change in the appendices is the addition of a Certificate of Completion to the workflow chart and
the written portion of the Descriptive Workflow. We also removed the old pdf version of the scanned bylaw that
was difficult to read and added the bylaw directly from the Town website General Code e360 which also
includes the amendments that the previous version did not have. We included the demolition delay bylaw
because this was transferred from the Historical Commission to the APDC.
Mr. McQuaid thanked the APDC for all their effort on this document. He asked if the Land Use Director had
reviewed this version. On page 26 he wanted to make sure anyone reading item 5 would know what you are
referencing. Mr. Laveck stated they could insert the new numbering structure from the General Code e360
before their hearing on the 20# for clarification. Mr. Ebersole echoed thanks to all the members, current and
past, for the work. He noted once the guidelines are implemented, the APDC may return to propose changes.
Mr. Toale commended the commission on their work noted the difficulty of the topic. Without a document like
this the bylaw doesn't work. Mr. Laveck noted as a resident of the district he had asked himself if this would be
a hoop he would want to jump through; we tried to not make it encumbering. Mr. Toale asked for any feedback
from the public before the Board made any recommendation.
Dave Rodgers, 82 Highland Street, requested clarification on temporary buildings, specifically a motor home.
He noted it states they are exempt and then it has time limits. The time limit depends where it is located on the
property and whether it is parked or not parked on land cleared and graded for use by motor homes. If it is
located in the back of the house and parked on land that is cleared and graded, it can remain there indefinitely.
Mr. Rodgers stated there is a section that states if the APDC requires additional changes in the plans, they can
request it. Mr. Ebersole stated this is consistent with the way the Planning Board operates on subdivisions or
plans. Mr. Rodgers moved on to sliding glass doors; Mr. Ebersole noted the wording. The APDC may allow the
installation of new sliding glass doors or solariums in areas of the property that are not visible from the public
right of way. Mr. Laveck stated we are looking at projects as a whole. If it requires a permit, the Land Use
office will notify the APDC. If you were just replacing a sliding door that was already there, we would most
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Mr. Toale reviewed the upcoming meeting schedule. The November 21" meeting will be a continuation of the
discussion on town buildings and infrastructure. Tuesday, November 28" is the Special Town Meeting.
Saturday, December 2d at 10:00 a.m. there will be the tour of the town buildings beginning at Town Hall. A
charrette is planned for December 7. Ms. Lemieux will check with the Planning Board and the Sewer
Commission about holding the economic development workshop on December 12'h
Motion: R. Ebersole
2"d: D. McQuaid
To enter Executive Session under M.G.L. c. 30A, §21, Reason # 3; To discuss strategy with respect to
collective bargaining, if an open meeting may have a detrimental effect on the government's bargaining
position and the Chair declares so, not to return to open session. (AFSCME Council 93, Municipal
Employees Union contract negotiations)
Vote; Mr. McQuaid-aye, Ms. Luck-aye, Mr. Ebersole- aye, Mr. Toale- aye
************************Executive Session Minutes are Separate*********
*****
The meeting adjourned at 7:34 p.m.
Respectfully submitted,
Claire m. Delerson
Elaine M. Peterson
Executive Assistant to the Town Manager