===OCR macOS Vision===
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Rhodes; Karen Brochu, Finance Director/Town Accountant
The meeting opened at 7:00 p.m. with the Pledge of Allegiance. Mr. Toale stated in accordance with the
requirements of Open Meeting Law the meeting was being recorded and broadcast over the Lunenburg Public
Access channel.
PUBLIC COMMENT:
Ms. Adams stated she got an email today from Town Manager Lemieux regarding ADA compliance for the Town
and is looking forward to discuss moving future meetings to a location that is more compliant. It will be on the
September 4* agenda.
Ms. Lemieux stated those who drove on Chase Road (Rte. 13) may have noticed that the line striping was done
yesterday. The project has been completed. The DPW Director found after traveling on the road that it has an
inconsistent surface. He reached out to MassDOT, District 3 office this morning and a meeting will be set up after
August 27'h
?, when the project manager is back from vacation. The DPW Director and myself will work agressively
toward a solution and ask for your support in finding a remedy.
APPOINTMENTS
1) Special One Day Alcohol License Application for Stillman Country Fair
Julia Stillman did not present on behalf of the application. Mr. Toale stated for the record we are still waiting for a
certificate of insurance coverage and food permits.
Motion: R.Ebersole
2nd: D. McQuaid
To approve the Special One Day Alcohol License for Stillman Country Fair on September 8h with a rain
date of September 15th
Discussion: Mr. Ebersole asked if a license was issued on the property last year. Mr. Toale stated yes, but the
Lion's Club has been the applicant. Ms. Luck asked if they have talked to the Police Chief about details on site that
day. Should the license be contingent on them providing the rest of the required information? Mr. Ebersole
amended his motion that the license not be released until the other documents are provided. Mr. McQuaid
seconded the amendment.
Vote: All in Favor
INTERVIEWS/APPOINTMENTS/ RE-APPOINTMENTS/ RESIGNATIONS
Council on Aging vacancy interview- Term to expire June 30, 2021
Barbara Brown, 39 Carousel Lane, has lived in town for 50 years. She has been volunteering since the 1970s and
had previously served on the Council on Aging for five years. Mr. Ebersole noted the Council on Aging has
recommended Ms. Brown's appointment.
Motion: R.Ebersole
2nd: D. McQuaid
To appoint Barbara Brown to the Council on Aging with a term to expire June 30, 2021
Vote: All in Favor
Ms. Brown thanked the Board and the Board congratulated her.
===PAGE 2===
to supper time? Mr. Lorenzo stated most people aren't around during the morning hours. Ms. Luck asked if they let
the Police know they are in town. Mr. Lorenzo stated yes. Ms. Adams stated 8:00 p.m. felt kind of late for herself.
Mr. Ayers stated in the summertime it is still light out at that time. Further discussion about hours ensued.
Vote: 4 in favor, 1 opposed (Adams)
Mr. Lorenzo and Mr. Ayers thanked the Board and exited the meeting.
OLD BUSINESS:
Skate Park Committee Update
Aidan Moore, Aidan Swift, Griffin Caiozzo and Anthony Caiozzo reported on their fundraising progress. They
are continuing to hold fundraisers. They have raised another $3,000 and a couple of more in-kind donations.
They have a total of $18,000 in cash donations and $23,000 in-kind donations. They presented some sample skate
park conceptual designs.
Ms. Luck asked what the difference in price is on the ones they preferred. The first one (Concept A) by Pilla
Designs was in the $400,000 range ($200,000 in-kind and $200,000 in cash). Another by Spohn Ranch (SR 093-
01) is in the $300,000 range. They will continue fundraising until they reach their goal. They are looking at grants
as well for funding.
Anthony Caiozzo, 1091 Massachusetts Avenue, reported the pace of their fundraising has been accelerating. They
have 20 requests out to charitable organizations throughout the United States, besides the Tony Hawke Foundation
who is committed to seeing this project be a success. They have a letter of endorsement from them and they are
providing guidance. Over the last 60 days, they have met with organizations that have built skate parks all over the
northeast and are learning what mistakes they made, their fundraising efforts and best practices for design and
construction. Ms. Luck asked how the in-kind donations would work; how much of that do you have to have in
order to start? Mr. Caiozzo stated almost all of it. They have received a checklist from the skate park companies on
what they need. Mr. Ebersole encouraged the group to keep the public outreach going.
Ms. Luck asked how are they planning for maintenance? Mr. Caiozzo stated there is very little maintenance
needed with regards to the actual structure for the first ten years. There is the occasional graffiti that needs to be
removed, trash removal and landscaping.
Greg Roy, 105 Chestnut Street, stated we need to develop what we have so we can create a construction and
maintenance budget. We need to know what the Town needs on their side, such as legal review of documents, etc.
Mr. Toale requested the group check in periodically to keep the Board apprised.
TOWN MANAGER REPORT
Summer Street Road Reconstruction Project Update from MassDOT:
The contractor, Baltazar, is continuing with drainage installation in Fitchburg. MassDOT met with the reclaiming
subcontractor last week to discuss their schedule for beginning work on the site. They will be taking cores and
samples this week to establish their job mix formula for the project. They will submit this to MassDOT, who has
28 days to review it. Upon approval, it progresses according to their schedule and the weather. Ideally, the road
would be reclaimed from the Subway plaza in Fitchburg to the bridge over Baker's Brook. However this project
calls for an emulsion injection into the reclaimed material. The emulsion injection is finicky, it can't be done the
day after or the day of any rain, and the temperature needs to be 50 degrees or higher. It will also need to be paved
over within a week of injection. Weather conditions will factor into the remainder of the 2018 construction season.
Baltazar is expected to have a second crew on site in mid-September. This crew will most likely begin work on the
Baker's Brook Bridge.
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funding we received to create an electronic brochure. The brochure will provide a link back to a directory of all the
businesses in Lunenburg, will likely list all the functioning farms, community type events, and other recreational
areas in town.
Launch of New Town Website (TM Goal #1):
Departments are in the process of finalizing pages on the new website and uploading content that needed to be
updated. The official launch date will be Tuesday, September 4th. I have asked IT Director Steve Malandrinos to
attend the next Selectmen's meeting to discuss the features of the new website which include subscription
notifications, a Facebook feed, and maps.
Green Communities Competitive Grant (TM Goal #2):
School Facilities Director John Londa and I met with Kelly Brown from Massachusetts Department of Energy and
Resources (DOER), the grant administrator Karen Chapman of Montachusett Regional Planning Commission
(MRPC), the utility representatives, and the energy firm that will perform the work for all the projects that were
approved as part of the Green Communities Competitive Grant. We discussed the process for submitting the
energy incentive applications that will need to be approved before proceeding with the projects. Once we receive
the approval letters back from the utility companies, we will then sign the contracts with the energy consultant and
proceed with the projects.
Given all these tasks, the consultant is still confident the projects can be completed according to the grant
submission of mid-November.
Conceptual Design for Municipal Offices at the TC Passios:
I had my first meeting with Paul Lieneck of Haynes, Lieneck & Smith who will be providing the architectural and
engineering services for the conceptual design and construction cost estimate for housing town offices at the TC
Passios Building (11/28/17 SIM, Article 4) and we will do a walk-through of the building this Thursday, along
with School Facilities Director John Londa. I asked Mr. Londa to come along, as he is knowledgeable about the
condition of the building and the history of repairs and upgrades that have been done at that building. The architect
is tasked with providing an initial conceptual design that will be presented at a Board meeting and based on the
consensus, prepare a conceptual design floor plan of spaces and associated site plan with parking that supports the
proposed use. This final conceptual plan will be accompanied by an updated construction budget and report that
includes the floor plan, code compliance, budget cost statement and design comments.
Meetings and other announcements:
• Town Counsel Office Hours for August: Town Counsel Office hours on August 28th 2 - 6 pm.
• Regional Dispatch Meetings: I attended a Regional Dispatch negotiation meeting on Monday, August 20th
and will be attending a Dispatch Administration Board meeting on Wednesday, August 22na.
• Department Head Meeting: The next Department Head meeting is Tuesday, August 28th
OLD BUSINESS
1. Earth Removal Permit Renewals for Powell Sand & Gravel and PJ Keating
Ms. Lemieux reported the Board met earlier this month and continued discussion to tonight. Action will be
required as all earth removal permits expire on August 31, 2018.
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shall be permitted." I believe P.J. Keating Company is in violation of this condition. It appears that there has
been excavation well below the grade of Fort Pond Road
Recommendation: The applicant be required to provide engineering proof that they are in compliance
with the condition. If they are not in compliance, they should be required to request an amendment of the
permit. I would suggest only a three-month extension of their permit be granted.
Permit #15-165 acres, more or less, lying northerly of Leominster-Shirley Road, and westerly of Reservoir
Road, on both sides of the Boston & Maine Railroad
This permit has generally been inactive.
Condition #1 provides "When the Earth Removal operation for any area of five (5) acres or more is finished
and /or a permit is not reviewed for an area, the respective applicant must within a two (2) year period
thereafter reforest and/or provide suitable ground cover as may be deemed appropriate for that particular
area by the Board of Selectmen."
Condition #5 provides "excavation to be four feet above high water table"
Condition (F) which was added by the Board of Selectmen in 1998, requires a 250 feet buffer along
Reservoir Road. It is not clear if they are in compliance with these permit conditions.
Recommendation: They have test pits dug and monitored by a Mass Registered Engineer to document they
are a minimum of four feet above high groundwater. Provide a plan stamped by a Registered Land Surveyor
that they are a minimum of 250 feet from Reservoir Road
Development has occurred to the north of this property since this permit was issued. The Board of Selectmen
may wish to consider a new requirement for a 250 feet buffer from the residential abutters to the north. I
suggest only a three-month extension of their permit be granted to allow time for engineering be done. If the
engineering documentation is not provided, the permit would not be further renewed.
Permit #16- Parcel 11- 170 acres, more or less, lying northerly of Leominster- Shirley Road, and easterly of
Reservoir Road, on both sides of Boston & Maine Railroad and both sides of Round Road
Some of the site located between Leominster/Shirley Road and B &M Railroad in my opinion is no longer an earth
removal operation but is in fact a manufacturing operation where stone is processed. The remainder of the site
located north of the B &M is not active.
Condition #1 provides "When the Earth Removal operation for any area of five (5) acres or more is finished
and /or a permit is not reviewed for an area, the respective applicant must within a two (2) year period
thereafter reforest and/or provide suitable ground cover as may be deemed appropriate for that particular
area by the Board of Selectmen."
Condition # 5 provides "excavation to be four feet above high water table".
Condition F, which was added by the Board of Selectmen in 1998, requires a 250 feet buffer along Reservoir
Road. It is not clear if they are in compliance with these permit conditions.
Recommendation: For the area of the site north of the B & M Railroad, they have test pits dug and
monitored by a Mass Registered Engineer to document they are a minimum of four feet above high
groundwater. Provide a plan stamped by a Registered Land Surveyor that they are a minimum of 250 feet
from Reservoir Road. Development has occurred to the north of this property since this permit was issued.
The Board of Selectmen may wish to consider a new condition requiring a 250 feet buffer from the
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on the east by the Shirley town line, being the same parcel of land formerly owned by Edward Credit and
containing 28 acres, more or less
These permits include all property to the south of Leominster/Shirley Road and west of Fort Pond Road. The
conditions attached to all the permits are the same. I suggest they be considered together. Most of the site is used
for equipment repair, staging of equipment and recycling. There does appear there may be some material on the
southern boundary of this area. The southern boundary abuts residential property.
Recommendation: The permits be renewed for three months. If material does remain, a plan be
provided showing where it is located and provide a 250 feet buffer to the residential abutters. If a plan is
not provided, the permits would not be further renewed.
Permit #18-Pareel IV- 6.8 acres, more or less, lying southerly of Leominster-Shirley Road and westerly of
Fort Pond Road
The location of the permit is the southwest corner of Leominster/Shirley Road and Fort Pond Road.
Recommendation: The permit be renewed. This area is part of the active excavation associated with the quarry
located in Lancaster.
Permit #19-Parcel V—22 acres, more or less, lying easterly of Shirley Reservoir Road and northerly of
Boston & Maine Railroad and abutting the Shirley Town line
The site is located north of Leominster/Shirley Road and south of the B & M Railroad. The area is
currently used for material storage and processing. The area is not currently used for earth removal but
material remains. The area does not abut residential properties.
Recommendation: The permit be renewed.
Permit #28-On the westerly side of Reservoir Road near Round Road containing an area of
6.6 acres more or less
The location of this permit is the northwest corner of Leominster/Shirley Road and Reservoir Road. This
is the location of the main office with associated parking and a truck scale.
Recommendation: The permit not be renewed.
Permit #29 - On the westerly side of Reservoir Road South and near Goodrich Street containing 12½
acres, more or less
The location of this permit is adjacent to Lake Shirley. The only access to the property is through the
Town of Shirley. There has not been any material removed at this time. It is my understanding they do
not have permission from the Town of Shirley to allow the crossing of town lines. Since the permit was
issued, there has been a number of new and improved residences along Lake Shirley.
Recommendation: The permit not be renewed.
Permit #42- At the southeasterly side of Leominster-Shirley Road and easterly of the Boston & Maine
Railroad near the Lancaster town line containing 30 acres, more or less, owned by the applicant
The location of this permit is south of Leominster-Shirley Road and east of the B & M Railroad. This
site is part of the active quarry operation located in Lancaster.
Recommendation: The permit be renewed.
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21, 2018 meeting as you deliberate renewal of Keating's eleven earth removal permits.
As enacted, the purpose of the current Earth Removal Ordinance "is to protect the health, safety and welfare of the public by
regulating the removal of earth so as not to create dust, washouts, noise, ponds, and other hazardous conditions." As you
acknowledged, Keating has been operating under permits issued by the Board of Selectmen continuously for over a half
century. Keating believes that its performance has continually fulfilled the purpose of the ordinance.
Keating was encouraged by Land Use Director Adam Burney's workshop presentation of the draft new bylaw that he
circulated to you the previous day. As Mr. Younkin stated, we look forward to the opportunity to review and to contribute to
the fine-tuning of the bylaw at the appropriate time, noting in particular the necessity to distinguish requirements for sand and
gravel operation from those for rock quarries.
In addition, please note that, in 2006, the Massachusetts Department of Fish and Game, Division of Fisheries and Wildlife,
Natural Heritage and Endangered Species Program (NHESP) mapped nearly 40 percent of contiguous Keating property in
Lunenburg and neighboring towns as a Priority Habitat of Rare Species and as an Estimated Habitat of Rare Wildlife. In
2008, Keating initiated with the NHESP a comprehensive review of the mapping and its implications. NHESP Regulatory
Review Manager Jon Regosin, Ph.D. explained that gravel pits that are not redeveloped or that are not allowed to reforest
provide good habitat for certain animal species, such as the Blanding's Turtle that inhabits Keating land. The review
culminated in a NHESP determination that Keating may continue its long-standing operations. Given the threatened species
habitat on Keating land, Keating encourages the town to accommodate such circumstances when establishing earth removal
closure reclamation provisions.
Given Keating's reliable ongoing performance, the new bylaw efforts, and the species habitat, Keating is troubled by Mr.
Rhodes's recommendation that you not renew two permits and that you restrict renewal duration to three months for six other
permits. Keating is particularly concerned with Mr. Rhodes's suggestion that certain engineering, including provisions for
reclamation of habitat, be undertaken for the latter six permits as a prerequisite for further permit renewal, since such
engineering may prove to be unusable going forward if it does not meet the criteria that the new bylaw and its implementing
regulations ultimately establish.
Keating was heartened by Mr. Burney's advice to you to renew all permits now, in August 2018, and again in August 2019,
in anticipation of the development by Keating and other permittees of comprehensive engineering data for applications to be
made under the new bylaw in 2020. Accordingly, Keating respectfully asks that you renew for one year in the customary
manner all eleven of its permits presently before you."
Mr. Rhodes stated if you do vote not to renew any permits, he could meet with Land Use Director Burney to look
at each permit and determine if a closure plan should be appropriate.
Mr. Ebersole stated the engineer has requested all permits be renewed in anticipation of the new bylaw for 2020.
He was in favor of Mr. Rhodes' recommendations on Permits #14,15,16,17, 27, and 30 for three-month extensions
as we consider the various considerations about requiring the check on the water level (s) and set back
requirements, etc.; and complete renewal of permit #18, 19 and 42. Permit #28 would not be renewed because that
is where the office is located and Permit #29 is the land adjacent to Lake Shirley with the only access being
through the Town of Shirley.
Ms. Luck was in favor of following the Building Commissioner's recommendations.
Mr. Ebersole stated he would support that for the purposes of timing. He was not ready to make a motion without
making any conditions, such as setbacks that are greater that are currently there. He would look at that as what
would happen at the end of the three-month period. On the annual plan, we would consider additional setbacks, if
appropriate, based on additional information. He was fine with not renewing the permit for the property that has
the office and scale on it, as well as not renewing the permit for the land adjacent to Lake Shirley with the
understanding that they could come back and apply in the future with a plan. That one would not require closure
because it has not been mined as well as the parcel with the office on it.
===PAGE 7===
week and the work that needs to be done, he was not sure we would be clear enough in three months. He guessed
we would be back in three months and extending again, which would be fine.
Mr. Ebersole stated the minimum that he would be asking for the three-month extension is are they compliant with
existing conditions? Ms. Luck asked where the new homes have been built, does it make sense to give a 250-foot
buffer zone to protect the new homeowners.
Ms. Adams asked if six months might be more realistic as we keep coming back but don't have a resolution plan.
Mr. Ebersole stated he believed most of the work has been done already and there may be information that they
have already.
For the compliance part as opposed to expansion of requirements, he believed they could do that within the three-
month period. It sends a message saying we really don't want you to expand beyond what you are currently doing.
Mr. Toale stated it was also in support of the Building Commissioner's recommendations. Mr. Ebersole added it's
also an indication that if you are complying, you probably will get another extension.
Powell Sand & Gravel Earth Removal Permit
Commissioner Rhodes reported on 395 Goodrich Street (Permit# 32). He had a preliminary meeting
with their engineer, who is here tonight. He is still intending to meet with him onsite. He did confirm he
would be preparing a closure plan for the portion that is closed as well as a plan for access to the
remaining material in the back. He suggested allowing 8-9 months for that plan. It should be a simple
plan. The property is being used as a horse farm, there are pastures there and some of the area that could
be closed is flat and new vegetation is growing.
Regarding Permit# 54, 151 Leominster-Shirley Road, the Board accepted a closure plan presented at the
August 7, 2018 meeting. There is still the issue of an adjacent unpermitted parcel where earth was
removed which is on Map 146, parcel 8. I believe there should be a closure plan provided for that or if
there is a need they should apply for an earth removal permit. Mr. Toale asked if there was ever a
closure plan or permit for that area. Mr. Rhodes confirmed no, they just extended their excavation onto
that property. They are also working with the Planning Board for site plan approval, so they will be
applying to them very shortly. They may incorporate both parcels at that time. His recommendation
would be to require one of the two options within eight months.
Mr. Ebersole stated for Goodrich Street, the permit renewal technically is for 16 acres. He asked if it
will be renewed for a lesser portion. Mr. Rhodes stated we don't have a plan in front of us that would be
able to cut out that portion that is finished. That is what they need to be providing to the Board. That was
actually what the Board requested last year but they did not provide one and as of this date that has not
been provided. This year they just came back and requested to renew the permit.
Mr. Ebersole stated he would be willing to do an extension of the permit for three months with the
requirement they provide a closure plan for the remaining property not to be reviewed and a plan for the
property to continue to be mined. At the end of the three-month period we would renew that portion of
the property until August of 2019.
Motion: R. Ebersole
2": D. McQuaid
To extend permit #32 until December 31, 2018 and require a plan for the portion of the property
that will be continued to be mined and a closure plan for the unpermitted area on Map 146, parcel
8, to be submitted within three months
Discussion: Brian Marchetti, McCarty Engineering, Inc., stated after the last meeting he had wanted to
meet out there with Mr. Rhodes to review the pit as it stands now and to see exactly what would be
===PAGE 8===
banking.
Mr. Marchetti proposed an aerial photo showing the property lines similar to what he submitted for permit
#54, as a survey for the sixteen acres would run into the thousands of dollars.
Mr. Ebersole stated his proposal would be to extend the permit for three months, you come back to us
with an application for how much acreage and driveway you need to have on the new permit and in three
months we will renew that through August assuming you meet the requirements of telling us what you
are doing on the permit. Instead of renewing 16 acres, we will renew the area you are working in.
Mr. Ebersole amended his motion regarding the area on Map 146, parcel 8; that all the requirements
of a closure plan be incorporated into a site plan review to the Planning Board. Mr. McQuaid
seconded the amended motion.
Vote: All in Favor
Review and possible votes to amend the following Selectmen policies:
Ms. Lemieux referred the Board to the suggested edits following the workshop on policies on
Section 1.05 Standards of Conduct; Ms. Lemieux stated the reference to MGL was corrected to c.268A as they
apply to municipal officials.
Ms. Luck believed some of the standards of conduct are unnecessary and felt like the Board was being treated like
children. Mr. Ebersole stated he wasn't here for the initial discussion but these were created when there was a lot
rancor on the Board and it sets a standard to keep people accountable. Further discussion ensued on the reasoning
behind the standards.
Mr. Ebersole motioned to change the word "team," to "Board," and "decisions" to "votes", in the first
bulleted line, Mr. McQuaid seconded both changes.
Vote: All in Favor
Discussion about the bulleting occurred
Motion: R.Ebersole
2nd: D. McQuaid
To add the word "sufficient" to the following bullet as follows: "make decisions only after all sufficient facts
on a question have been presented or discussed;"
Vote: All in Favor
Section 1.08 Meeting Procedures;
Ms. Lemieux stated the question on this section was regarding meetings on Sundays and holidays. After review,
the law is silent on this but best practice is not to hold public meetings when access to public buildings may be
Imited and when the public does not normally anticipate the scheduling of a public meeting. She recommended
striking this wording, "Meetings falling on a legal holiday are usually canceled or rescheduled at the discretion of
the Board, "or rewording to: "Meetings falling on a legal holiday shall be rescheduled by the Board. "
Ms. Adams requested striking the following wording, "Regular meetings of the Board will be held in the Joseph F.
Bilotta Meeting Room as scheduled by the Board unless otherwise noted." Mr. Ebersole suggested holding off on
that change until they discuss and vote on it. Mr. Toale felt it was important to have a regular meeting place and
agreed with Mr. Ebersole that this is where it is until we change it.
Ms. Lemieux also recommended changing, "The Board will post notice and record minutes of all meetings as
required by MGL c. 39, to as required by Open Meeting Law."
Section 1.09 Agenda;
Members of the Board, Staff, Town Manager or others who prepare background materials for a meeting should
have such materials available by the close of business (remove "the week" and insert "on the Thursday,") prior to
the scheduled meeting date. If background information is insufficient or complex, any member should feel free to
ask for additional time for careful study of an issue or a motion.
===PAGE 9===
Section 1.13 Designer Selection Procedures; Me Tomion noted the comment at the vorteton meetin
was this would be moved to Administration and Finance Procedural manual that we would use internally.
It was decided to leave it as is until another dedicated place for it is determined.
Section 2.01 Access to Town Counsel; proposed changes italicized and underlined..
All requests for the use of Town Counsel must be submitted in writing or verbally to the Town Manager with the
exception of town counsel monthly office hours. Legal matters that require further legal review outside of monthly
office hours must receive approval from the Town Manager. The Town Manager will henceforth act as the contact
point between Town Counsel and the governmental body of the Town unless an alternate contact person is
designated by the Town Manager.
Section 2.02 Remote Participation;
There is a memorandum from Executive Assistant Peterson concerning remote participation that is required by the
state. Discussion about the policy details ensued.
Motion: REbersole
To strike current section #10 under Procedures for Remote Participation
2nG: D. McQuaid
Vote: All in Favor
Section 2.07 Appointments; Section 4.02 BYOB; and Section 4.03 One Day Liquor Licenses; were tabled until
a workshop on liquor licensing workshop is held.
Section 4.17 Taxicab License;
Ms. Lemieux stated this section has been forwarded to Town Counsel as regards to Uber and Lyft drivers.
Mr. Ebersole noted a previous discussion about whether limousine drivers should be have a CORI done on them in
addition to the owner. Mr. Toale added there was also a question if the limousine company had to be in Lunenburg
in order to operate in town.
Section 4.19 Gasoline Storage-Storage of Inflammables;
Ms. Lemieux reported the title of this section has been changed to "License for Use of Land for Inflammables"
The following paragraph has been added keeping with MGL:
Applications for Use of Land to keep, store, manufacture, or sell gunpowder, dynamite, crude petroleum or any of
its products, or explosive or inflammable fluids or compounds, tablets, torpedoes or any explosives of a like
nature, or any other explosives, fireworks, firecrackers, or any substance having such properties that it may
spontaneously, or acting under the influence of any contiguous substance, or of any chemical or physical agency,
ignite, or inflame or generate inflammable or explosive vapors or gases to a dangerous extent as defined under
MGL Chapter 148 Section 9 must be made to and approved by the Board of Selectmen according to MGL
Chapter 148 Section 13.
An has been added in front of the word Application in the line after the new paragraph. An Application for the Use
of Land for Inflammables shall be accompanied by the following:
The following was amended to read:
Plot plan showing location of storage tank for crude petroleum or any of its products, location of any building or
structure for any other inflammables, location of septic system, buildings, location of well etc.
===PAGE 10===
Section 5.01 Pole Petitions; (changed from Pole Location Requests)
Mr. Ebersole suggested similar wording as above and checking with Town Counsel.
Section 5.02 Road Acceptance or Road Discontinuance
Mr. Ebersole stated wherever it says road acceptance, or Road Discontinuance should be added in this section.
Ms. Lemieux stated this is also being reviewed by Town counsel.
Section 5.03 Use of Public Ways
New Section added at end of this section:
Signage on Town Property
No person shall place any signage, temporary or permanent, on town property without permission from the Town.
A sign permit must be first granted by the Building Commissioner conforming to the requirements set forth in the
Code of Lunenburg, Zoning Chapter 250 Section 6.5 and then sent to the Town Manager for final approval.
Discussion about content on the signage and determining what is permissible ensued. The question was asked how
does Town Manager determine what is allowed and not allowed. It was suggested that the wording needs more
work.
Section 5.04 Toll Booth/Boot Drive Policy
The following wording was added:
10. Organizer will attest that all the funds raised will be used to serve the residents of Lunenburg.
Discussion turned to number of times allowed per year per group. Suggestion to ask Ms. Peterson to report on
past requests.
Section 5.05 Disturbances of Newly Paved Roads (Adopted 9/5/17)
Added to this section:
VI. EMERGENCY REPAIRS:
A. DEFINITION: An immediate cut into the newly paved roadway that is required to address a public safety issue.
Examples of this may include, but are not limited to, a ruptured water main or water service, a faulty gas pipe, or
sewer break.
B. Immediate excavation of the area is allowed in cases of emergency repairs outside of the permitting process in
this policy
C. The utility or subcontractor that performs the temporary emergency repair will be required to notify the DPW
Director by the next business day. The temporary emergency repair will include backfilling the hole with material
to the same level as the existing pavement and compacting it. The utility that made the emergency repair will
contact the DPW Director about the final method of repair that will maintain the integrity of the roadway.
Also added was numbering (BOLDED) for the following sections:
VIl. FEES
VIII. CONSTRUCTION REQUIREMENTS
IX. OTHER REQUIREMENTS
X. SEVERABILITY
The following was removed:
===PAGE 11===
Section 7.10 Social Media Policy- Note: there will be a future workshop on this,
Section 7.11 CORI Policy; The following was added:
B. All CORI obtained from the DCJS is confidential, and access to the information must be limited to those
individuals who have a "need to know". This may include, but not be limited to, hiring managers, staff submitting
the CORI requests, and staff charged with processing job applications. The Town of Lunenburg must maintain and
keep a current list of each individual authorized to have access to, or view, CORI.
C. If the Town disseminates CORI outside the organization, including dissemination at the request of the subject, a
dissemination log must be kept. Dissemination of CORI must follow DCJS regulations and MGL c. 6 Section 172.
Section 2.07 Appointments; The following was added to this section's third paragraph:
The Town Manager's office will forward the reappointment form to the board or committee asking for their review
and response relating to the reappointment of the person as well as the written comments in the application, prior
to date of the meeting at which the reappointment will take place. The board will review and consider such
comments.
This was added to the end of the section:
This policy does not apply to appointments made to an elected Board vacancy that is done jointly between the
Board of Selectmen and the Board that has a vacancy.
Review new Flag Policy: Mr. Toale requested the policy apply to United States flags:
TOWN OF LUNENBURG
FLAG POLICY
I. Statement of policy:
The purpose of this policy is to establish uniform guidelines for the lowering of the United States Flag to half-staff
flown over municipal property.
II. Policy:
1. The United States Flag at town buildings and the cemeteries will be flown at half-staff according to the
Federal and state mandate.
2. The United States Flag will not be lowered to half-staft for any other purpose not listed in this policy, other
than for individuals, by declaration of the Board of Selectmen.
3. The Town Facilities staff shall monitor the compliance of this policy at the Town Buildings and the Cemetery
Superintendent shall monitor the compliance of this policy at the Town Cemeteries.
Chapter 61/61A/61B Policy:
MGL CHAPTER 61, 61A, 61B FIRST REFUSAL PROCEDURE
I. PURPOSE: To serve as a guide outlining general steps to be followed when landowners in the Town
of Lunenburg intend to transfer, convert, or sell their Chapter 61, 61A, or 61B land
II. PROCEDURE:
1. NOTIFICATION REQUIREMENTS (per MGL C61, Sec. 8, C61A, Sec. 14, or C61B, Sec. 9):
a. The landowner provides a Notice of Intent, by certified mail, to each of the following: the Board of
===PAGE 12===
5. Location and acreage of land, shown on a map drawn at the same scale as the assessors' map.
2. TOWN COUNSEL REVIEW
a. The Board of Selectmen's Office will immediately forward a copy of the Notice to Town Counsel for
review. Town Counsel will notify the Board of Selectmen, within 15 working days, as to whether:
i. The Notice is sufficient;
ii. If sufficient whether the Town has a First Refusal Option; or
ili. The Town does not have a First Refusal Option. In the event the Town does not have a First Refusal
Right the Town Counsel will prepare an appropriate Waiver Form.
3. INSUFFICIENT NOTICE
a. In the event the Notice does not contain all of the material and information, as required, the Town shall,
within 30 days after receipt, notify the landowner, in writing, that the Notice is insufficient and does not
comply. The landowner must resubmit the Notice with all required information and material to restart the
process.
4. ONE HUNDRED AND TWENTY DAY PERIOD FOR TOWN TO EXERCISE RIGHT OF FIRST
REFUSAL
a. The day after sufficient notification is mailed to all appropriate parties, as shown by the certified mail
receipt, begins the 120-day period for the town to consider whether to exercise its first refusal option or
assign this right to a conservation organization. Note: If the notification from the landowner is insufficient
and the Town has given notice of such insufficiency, within 30 days, the landowner must then resubmit
his/her notification, re-starting the 120-day period
S. TOWN ACTION:
a. The Board of Selectmen's Office will coordinate the following activities:
i. Confirms that Town Counsel has been provided a copy of Notice and has responded;
ii. Confirms that the following Boards have received the required Notification:
Conservation Commission, Planning Board and Board of Assessors. Advises said Boards to provide Board
of Selectmen with any input not later than 30 days from the mailing of the Notification.
ili. Notifies such other Town Boards and Commissions, as have requested notification, that said Notice has
been received and provide a copy. Advises said Boards to provide Board of Selectmen with any input not
later than 30 days from the mailing of the Notification.
iv. Notifies at least one nonprofit conservation organization (i.e. North County Land Trust) that said Notice
has been received and provide a copy. Advises said organization(s) to provide Board of Selectmen with any
input not later than 30 days from the mailing of the Notification.
v. Notifies the foregoing Boards and organizations, referenced in paragraphs ii., ili., and iv. above, in the
event the Town has notified the Landowner that the Notice is insufficient.
vi. Board of Selectmen - Schedules and organizes a meeting to discuss the First Refusal Option opportunity
within two weeks from the end of the 30 day time period from the date of mailing of the Notification,
unless an earlier meeting date is possible. At the meeting the Board of Selectmen will review all input
received.
===PAGE 13===
the Board of Selectmen shall schedule a public hearing (giving public notice in accordance with the Open
Meeting Law) regarding the Town exercising its First Refusal Option. (Note - the town cannot exercise its
First Refusal Option without a public hearing.) It is advisable that the public hearing take place by the
halfway point in the 120-day period, or earlier if possible, in order that issues such as associated contracts
and identification of funding may be resolved before the 120 days expire.
x. Board of Selectmen votes, after the Public Hearing (within the 120-day time frame), to do one of the
following:
1. Exercise the First Refusal Option;
2. Assign the First Refusal Option to a qualified nonprofit conservation organization or agency;
3. Decline to exercise the First Refusal Option.
6. REQUIREMENTS FOR EACH OPTION:
a. If option (a) is chosen: The Board of Selectmen must execute and record with the Northern Worcester County
Registry of Deeds a Notice of Exercise, containing the name of the owner of record and a description of the
premises adequate for identification, and send notice to the landowner by certified mail, accompanied by a
proposed purchase and sale agreement to be consummated within 90 days, or such extended time as may be
agreed upon by the parties.
b. If option (b) is chosen: The Board of Selectmen must execute and record a Notice of Assignment, stating the
name and address of the organization or agency which is expected to exercise the option and the terms and
conditions of the assignment. If the land trust or agency elects to exercise the option, it must send notice to the
landowner by certified mail, and record its Notice of Exercise, containing the name of the owner of record and
description of the premises adequate for identification, plus propose a purchase and sale agreement to be
consummated within 90 days, or such extended time as may be agreed upon by the parties.
c. If option (c) is chosen: The Board of Selectmen should sign and deliver a Notice of Non- Exercise,
containing: the name of the owner of record; a description of the premises adequate for identification; and a
brief description of the terms contained in the original Notice, to the landowner, sending it by certified mail to
the landowner's address as set forth in the Notice of Intent.
Note: If neither the Notice of Exercise nor the Notice of Assignment is recorded within the 120-day
period, or the Town gives Notice of Non-Exercise the Town's option expires and the landowner is free to
sell, but only upon the original terms spelled out in the purchase and sale agreement that accompanied
his/her original Notice of Intent.
Discussion about the procedure ensued, particularly the Town Action section and the 30 day deadline by other
entities. Suggestion was made to add at the beginning of vii, 'in the event the response from a Town board or
committee is not received by the 25" day, the Board of Selectmen's office will contact the Town entity."
Motion: REbersole
2nd: D. McQuaid
To approve the following sections as amended tonight: Section 1.05 Standards of Conduct; Section 1.08
Meeting Procedures; Section 1.09 Agenda; Section 2.01 Access to Town Counsel; Section 2.02 Remote
Participation; Section 2.07 Appointments; Section 4.19 Gasoline Storage-Storage of Inflammables; Section
5.04 Toll Booth/Boot Drive Policy; Section 5.05 Disturbances to Newly Paved Roads; Section 6.01 Boston
Post Cane; Section 7.11 CORI Policy. Flag Policy, Chapter 61/61A/61B Policy
Vote: All in Favor
===PAGE 14===
email from the MRPC Transportation Coordinator stating that Ayer, Harvard, Lunenburg and Shirley need to vote
on the new representative and alternate for the MPO Subregion 3. The two candidates are Jamie Toale and Harvard
Selectwoman Kara Minar. Notices have been sent to the respective Selectboards, Town Administrators and
Planning Departments. Each community gets one vote that is submitted through an online poll due by August 315t.
Motion: REbersole
2nd: D. McQuaid
To confirm the designation of Jamie Toale as the MPO subregion 3 representative and the MPO alternate
as Kara Minar
Vote: All in Favor
Council on Aging Contract with MART
Ms. Lemieux reported legal counsel is reviewing the contract. There is one provision that she is waiting for review
of under Termination. She requested to postpone this item until the September 4* meeting.
Discussion and Vote on Special Town Meeting Date
Mr. Toale referred the Board to the proposed calendar in the packet.
Motion: R.Ebersole
iscussion: Ms. Adams alad hath lan Opecial Town Meeting mode i was and town fine
would be closed
2rd: D. McQuaid
Vote: All in Favor
Minutes/ Warrants/ Action File Issues
The Board signed minutes of August 7, 2018.
Committee Reports
Ms. Luck reported the Storm Water Task Force is going to host the next meeting of the Central Mass Regional
Stormwater Coalition's steering committee meeting at 10:00 a.m. on August 28 at the Public Library. She
announced the School Department has launched their new website. Ms. Adams attended the Planning Board
meeting and they were reviewing the earth removal bylaw.
Department Reports- 4' Quarter Financial Report
Finance Director Karen Brochu reported total budgeted revenues for Fiscal Year 2018 were 1.9% higher than our
estimates, which translates into $746,058 and our overall expenditures were 1.7% lower than our original
estimates. We had appropriation and assessment closeouts of $689,738.
On the revenue side, our local receipt estimate was $527,353 than what we had estimated. We collected $207,186
more than estimated in motor vehicle excise taxes. On penalties and interest, we collected $135,040 more than the
estimate. The bulk of that increase was due to aggressive tax lien collection on the Tax Collector's part because
there was higher interest and penalties collected and we received $511,238 in tax lien revenue. As far as state aid,
we received 98.4% or $137,375 less than the state aid estimate. The bulk of that decrease is our 40S (Smart
Growth) reimbursement. We still haven't received that payment; we were told by the state that it is coming, but
she has not seen it yet.
On the expenditure side, we actually had $290,875 less in assessments less than the cherry sheet estimates. On the
General Government side there were appropriation closeouts of $22,698; Public Safety appropriations there was a
closeout of $86, 977; Education had a closeout of $50,302. For Health, Council on Aging and Veteran Services
account, there was a closeout of $37,638 and the majority of that was a decrease in active claims for Veterans'
===PAGE 15===
The Board signed an accounts payable warrant in the amount of $123,479.62, a payroll warrant in the amount of
$581,522.45 and a payroll deductions warrant in the amount of $403,258.47. There were no action file issues this
evening.
Mr. Toale reviewed the upcoming meeting schedule for September 4, 11, 18, 2018. We are working on the
workshop schedule; the anticipation is we will be focusing on town buildings/facilities in our September
PUBLIC COMMENT: there was none.
Motion: R.Ebersole
To adjourn the meeting
The meeting adjourned at 9:58 p.m.
Respectfully submitted,
Elainem Peterson
Elaine M. Peterson
Executive Assistant to the Town Manager
2nd: D. McQuaid
Vote: All in Favor
RECEIVED & FILED
SEP 1.2 2018
LUNENBURG TOWN
CLERK OFFICE