# planning-board — 26 documents, concatenated for reading and search # # This is a CONVENIENCE BUNDLE, not a source. Every document below is # published separately and byte-identically; cite the individual file, # whose path is given in each header, rather than this bundle. # Index of all boards: https://lunenburgbudgetproject.org/minutes/INDEX.txt # The town's own scanned original is linked per document. ======================================================================================== DOCUMENT : 2011-09-12-minutes-3613.txt BOARD : planning-board DATE : 2011-09-12 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2011-09-12-minutes-3613.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_09122011-3613 ======================================================================================== ===PAGE 1=== LUNENBURG PLANNING BOARD TOWN OF LUNENBURG Emerick R. Bakaysa, Chair Tel: (978) 582-4147 Joanna L. Bilotta-Simeone, Vice-Chair Fax: (978) 582-4353 Thomas W. Bodkin, Jr., Clk. 960 Massachusetts Avenue Robert J. Saiia, Mbr. Lunenburg, MA 01462 Nathan J. Lockwood, Mbr. Marion M. Benson, Planning Director Minutes September 12, 2011 Meeting Posted: Yes Place: Town Hall, 17 Main Street, Lunenburg, MA 01462 Time: 6:30 PM ROLL CALL: Present: Joanna L. Bilotta, Thomas W. Bodkin Jr., Robert J. Saiia, Nathan J. Lockwood, Marion M. Benson Absent: Emerick R. Bakaysa MINUTES – APPROVAL: Signed 8-15-11, Motion, Mr. Lockwood, Second, Mr. Saiia, Motion passed. Signed Executive 8-15-11, Motion, Mr. Lockwood, Second, Mr. Saiia, Motion passed. NOTICES AND COMMUNICATIONS: The following were noted: Zoning Board of Appeals Special Permit for Dee Bus Service Inc., to park eleven school buses at 39 Massachusetts Avenue. Paving of Lancaster Avenue to commence September 13 th. Land use law update from law offic es of Daniel C. Hill regarding appeals court expanding options for grandfathered houses. Board of Selectmen September 8 th meeting held for an Intermunicipal Agreement for Operation of a Regional 911 Emergency Communications District. No decision made as of this date. Grant being sought by MRPC . This would benefit Lunenburg as the grant could be used toward Master Planning and to update Lunenburg’s Community Affordable Housing Strategy. Verizon inquiring as to signage for possible siting at Lunenburg Crossing. ANR APPOINTMENTS: Joe Russo, 493 West Street- Withdrawn without prejudice Joe Russo, 357 Electric Avenue- Withdrawn without prejudice The following ANRs were presented to the Planning Board and will be distributed for review. Rocco Lastella & Ron LaP ointe, 146 Elmwood Road - ANR originally presented at August 15 th Board meeting. After being accepted for review, Applicant requested withdrawal without prejudice in order to revise one of the lot lines. Revised ANR submitted this date. June & Frank Riddle, 291 West Street Anders Rhodin, 168 Goodrich Street ===PAGE 2=== Minutes 9-12-11 Page 2 COMMITTEE REPORTS: MJTC- No report MRPC- No report DPW Building Committee- Construction moving forward. Minor conservation issue noted per Agent Matt Marro , which will be remedied via Conservation Commission procedure of a public hearing. Capital Planning Committee - Noted meeting of September 7 th. Form B’s, inventory sheets, and five year plan forms distributed to Department Heads for completion. Mr. Saiia inquired if inve ntory form assists the Committee in identifying equipment that needs replacement; e.g., vehicle turnover. PLANNING DIRECTOR’S REPORTS/NEW BUSINESS: 1263 Reservoir Road, P J Keating- As Built Plan received in office. Mr. Lockwood inquired as to as built process. Open Space- Noted Ad Hoc Committee met September 9 th. Open Space and Recreation Plan notes lack of public access for recreation to Lunenburg’s lakes and ponds. There is a portion of Town owned land off of Parmenter Road adjacent to Lake Shirley. Committee to discuss if it wants to pursue public access through the technical expertise and funding from Department of Fish and Game. Some Board members noted concern regarding boats coming from other lakes/ponds with Milfoil Weeds attached to bottom. Committee requested Ms. Benson check current status of Woodruff property. Committee would like a copy of MRPC’s recreation trail mapping. Committee member Ms. Jordan to discuss with Assessor’s office the possibility of Assessor maps being put on web. Eagle House Parking Lot - Ms. Benson noted no senior center project grants were awarded by the State. Mr. Saiia noted it might be advantageous for a news article noting same. Summer Street- MRPC has an appointment at the September 19 th Master Planning Workshop to present a Summer Street draft bylaw for discussion. Green Community Task Force - Borrego Solar’s contract for the Town landfill reviewed by Town Counsel. Two other possible applicants are EOSOLAMERICAS for Chase Road and EPG Solar on Electric Avenue. School Reconfiguration - The School Committee is expanding its membership of an Advisory Committee to the School Committee and is requesting inclusion of a Planning Board member. Advisory Committee will identify long -term educational opportunities and challenges around the reconfiguration. Chair Bakaysa had relayed to Vice Chair Bilotta -Simeone that he wished to appoint Mr. Lockwood to the Advisory Committee . Mr. Lockwood has children in the Lunenburg schools and presently is not a Planning Board representative to any other reporting committee. Discussion ensued. Mr. Saiia noted he would like to sit on the Committee with Mr. Lockwood, but it was noted that the School Committee requested one individual from the Planning Board. If Mr. Lockwood was unable to attend, Chair Bakaysa would fill in. Mr. Bodkin Jr. suggested that Mr. Saiia be the alternate when Mr. Lockwood is unavailable. Motion made, Mr. Bodkin Jr., that Mr. Lockwood serve on the Advisory Committee with Mr. Saiia as an alternate, Second, Ms. Bilotta-Simeone, Motion passed. DEVELOPMENT STATUS REPORTS: DPW Facility, Chase Road- Planning Board signed Development Plan Review Approval. Applicant (Lunenburg) to file Approval with Registry of Deeds. Asian Imperial, 332 Massachusetts Avenue - Site Development Plan received. MA DOT has granted ingress and egress on Electric Avenue. Emerald Place at Lake Whalom, 10 Lakefront - Update notes foundations being constructed for five villas. The last multi should be completed by end February 20 12. Determination of designated over -55 units not yet determined. Per Town Counsel recommendation, minor verbiage changes needs to be made to the condominium documents. Planning Board signed Addendum Approval for commercial office/management building at 1 Carousel Lane. Applicant to register with Registry of Deeds. Tri Town Landing, 37 Youngs Road - Update notes developer’s opinion is that competition will be high for subsidy assistance applications. Developer does not expect to be on October 2011 lis t and will apply again for the spring round for construction of Building 3. Ms. Benson presented to Board of Selectmen on current inventory status. ===PAGE 3=== Minutes 9-12-11 Page 3 Highfield Village, Mass Ave/Northfield Road - Ms. Benson reiterated that the Se wer Commission remains in support of the current conceptual plan as it provides improvements to the residents on Maple Parkway and a portion of White Street and allows for future expansion of the Town’s sewer system. The Sewer Commission does not believe a workshop with the Planning Board is necessary. Project timeline from initial application to present was provided to the Board. Letter dated this date was received from the Developer’s Designing Engineer stating that they are working on a resubmission t o the Planning Board . The Sewer Commission also requires a set of plans involving the design of the sewer for the connection to the municipal sewer system. The Developer has submitted the Environmental Notification Form (ENF) to the Executive Office of E nvironmental Affairs (EOEA) and is awaiting its comments prior to final plan revisions to the Plannin g Board. Upon approval from the Sewer Commission, plans will be submitted to the Planning Board. Discussion ensued as to timeframe before plans would be submitted to the Sewer Commission. Ms. Benson will request a more definite timeline from the Applicant. It was also noted that Applicant enjoys the zoning that was in place at the time of the initial submission in 2004. Stone Farm Estates, Massachusetts Avenue- Developer has requested amendments to the Master Deed and Declaration of Trust. The documents have been sent to Town Counsel for review. Board also requesting clarification as to whether or not Developer is requesting an increase in the number of units beyond the 58 originally approved. Note: Board has requested supporting documentation pertaining to agenda items be sent to them the Thursday prior to a Planning Board meeting. UNFINISHED BUSINESS/OLD BUSINESS: 925 Massachusetts Avenue - Board of Selectmen working in conjunction with Fire Department to have product drained from tanks. MEETING SCHEDULE: September 19, Master Planning/Bylaw Workshop, Ritter Building September 26, Planning Board Meeting, Ritter Building October 10, Holiday – meeting date needs to be changed October 17, Master Planning Workshop October 24, Planning Board Meeting MEMBER ISSUES: Mr. Bodkin Jr. noted that MRPC conducted a survey of the bylaws of the towns/cities in its service area and Lunenburg was noted as not having a scenic road bylaw. Ms. Benson noted that the scenic road bylaw is a State law. ADJOURNMENT: Motion to adjourn , Mr. Saiia, Second, Mr. Bodkin Jr., roll call vote, Mr. Saiia, aye, Mr. Lockwood, aye, Ms. Bilotta, aye, Motion passed. Adjourned 8:45 PM. Minutes/2011/09.12.11 ======================================================================================== DOCUMENT : 2011-09-19-agenda-3614.txt BOARD : planning-board DATE : 2011-09-19 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2011-09-19-agenda-3614.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_09192011-3614 ======================================================================================== ===PAGE 1=== LUNENBURG PLANNING BOARD TOWN OF LUNENBURG Emerick R. Bakaysa, Chair Tel: (978) 582-4147 Joanna L. Bilotta-Simeone, Vice-Chair Fax: (978) 582-4353 Thomas W. Bodkin, Jr., Clk. 960 Massachusetts Avenue Robert J. Saiia, Mbr. Lunenburg, MA 01462 Nathan J. Lockwood, Mbr. Marion M. Benson, Planning Director NOTICE OF MEETING September 19, 2011 – 6:30 PM Ritter Memorial Building, 960 Massachusetts Avenue Lunenburg, MA AGENDA APPOINTMENT: 6:30 MRPC Draft Bylaw for Summer Street 9/11/11 Model Low Impact Development (LID) Bylaw Grant – Housing and Planned Production Subsidized Housing Inventory Report Municipal Planning and Subdivision Legislation, M.G.L. Ch.41 Section 81-D. Master or Study Plan (current) Comprehensive Land Use Reform and Partnership Act (CLURPA) 41: 81D. Master Plan (proposed standards for Master Plan under M.G.L.) Table I-1 Planning Goals and Policies Discussion Procedures for Master Planning Review Minutes- Sign 3-30-11 workshop October Meeting Dates- October 10 – HOLIDAY October 17 – Master Planning Workshop October 24 – Planning Board Meeting Agenda/2011/09.19.11 Mp workshop ======================================================================================== DOCUMENT : 2011-09-19-minutes-3614.txt BOARD : planning-board DATE : 2011-09-19 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2011-09-19-minutes-3614.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_09192011-3614 ======================================================================================== ===PAGE 1=== LUNENBURG PLANNING BOARD TOWN OF LUNENBURG Emerick R. Bakaysa, Chair Tel: (978) 582-4147 Joanna L. Bilotta-Simeone, Vice-Chair Fax: (978) 582-4353 Thomas W. Bodkin, Jr., Clk. 960 Massachusetts Avenue Robert J. Saiia, Mbr. Lunenburg, MA 01462 Nathan J. Lockwood, Mbr. Marion M. Benson, Planning Director Workshop Minutes Master Planning September 19, 2011 Meeting Posted: Yes Place: Ritter Memorial Building, 960 Massachusetts Avenue, Lunenburg, MA 01462 Time: 6:30 PM ROLL CALL: Present: Emerick R. Bakaysa, Robert J. Saiia, Marion M. Benson Absent: Joanne Bilotta-Simeone, Nathan J. Lockwood, Thomas W. Bodkin Jr. Minutes: 3-30-11 tabled to next workshop due to lack of quorum. Appointment- MRPC- Draft Bylaw for Summer Street 9/11/11 - Chantell Fleck from MRPC reviewed the Summer Street Revitalization District proposed bylaw. Ms. Fleck noted that she research ed other towns’ bylaws such as Watertown, Gardner and Pioneer Valley. In discussion questions arose such as to the extent of residential mix within the overlay, number of floors, types of appropriate units, design standards, landscaping, and streetscapes. Questions to be answered, 1) commonly held lots and, 2) conflicts with other laws and severability. Ms. Fleck presented a design requirement for parking lots and facilities with schematics. She is also preparing a booklet showing renderings of different designs. A brief di scussion was held on the engineered la yout for the road and the timeline . Chair Bakaysa related his interp retation and insight as to how , in his opinion , the area should look. Director Benson noted that copies will be supplied to the absent members and discussion will be held on the proposed Overlay. Model Low Impact Development (LID) Bylaw- Jennifer Sic iliano from MRPC presented a full explanation on Low Impact Development (LID). She supplied a PowerPoint paper copy and a map showing Lunenburg wa ter areas. The presentation consisted of what are Low Impact Development s and the benefits. Recommendation is for Lunenburg to write a zoning bylaw. Also noted were an upcoming workshop September 26 th and a field trip on October 7th. A copy of a model LID Bylaw was also presented. Noted again was the September 26 th workshop, 3:30 PM to 6:00 PM at Miller Environmental Center in Athol. The public is invited. Grant – Housing and Planned Production - MPRC noted that letters were requested . Director noted she will serve as the in kind donation. Remaining Agenda items below were tabled due to lack of quorum. Subsidized Housing Inventory Report Municipal Planning and Subdivision Legislation, MGL Ch. 41 Section 81-D Master or Study Plan Comprehensive Land Use Reform and Partnership Act (CLURPA)- 41-81D Master Plan Table I-1 Planning Goals and Policies Discussion- Procedures for Master Planning Review Setting of October Meeting Dates Motion to adjourn, Mr. Saiia, Second, Mr. Bakaysa, adjournment 8:55 PM. Minutes/2011/9-19-11 MP workshop ======================================================================================== DOCUMENT : 2011-09-26-agenda-3615.txt BOARD : planning-board DATE : 2011-09-26 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2011-09-26-agenda-3615.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_09262011-3615 ======================================================================================== ===PAGE 1=== LUNENBURG PLANNING BOARD TOWN OF LUNENBURG Emerick R. Bakaysa, Chair Tel: (978) 582-4147 Joanna L. Bilotta-Simeone, Vice-Chair Fax: (978) 582-4353 Thomas W. Bodkin, Jr., Clk. 960 Massachusetts Avenue Robert J. Saiia, Mbr. Lunenburg, MA 01462 Nathan J. Lockwood, Mbr. Marion M. Benson, Planning Director NOTICE OF MEETING Monday, September 26, 2011 – 6:30 PM Ritter Memorial Building, 960 Massachusetts Avenue Lunenburg, MA AGENDA 1. ROLL CALL 2. MINUTES – APPROVAL: Sign 9-12-11 3. ANR APPOINTMENT: 6:40 PM- RIW Realty Trust, 217 White Street, Hannigan Engineering 4. ANR APPROVALS: 279 & 281 West Street, Frank & June Riddle 146 Elmwood Road, Rocco Lastella & Ronald LaPointe Jr. 168 Goodrich Street, Anders Rhodin 5. NOTICES & COMMUNICATIONS: Zoning Board of Appeals (e-mailed out for comment to ZBA) MRPC Meeting, October 7th 6. COMMITTEE REPORTS: MJTC MRPC MRPC Energy Advisory Committee DPW Building Committee Capital Planning Committee School Reconfiguration Committee 7. PLANNING DIRECTOR’S REPORTS/NEW BUSINESS: Mass PV1, LLC, 651 Chase Road- solar farm Eagle House Parking Lot Open Space Summer Street Green Community Task Force 8. DEVELOPMENT STATUS REPORTS: DPW Facility, Chase Road Asian Imperial, 332 Massachusetts Avenue Emerald Place at Lake Whalom, 10 Lakefront Highfield Village, Mass Ave/Northfield Road Stone Farm Estates, Massachusetts Avenue 9. UNFINISHED BUSINESS/OLD BUSINESS: 925 Massachusetts Avenue See Above Planning Director’s Reports and Development Status Reports 10. MEETING SCHEDULE: October 10 – HOLIDAY October 17 – Master Planning Workshop October 24 – Planning Board Meeting 11. MEMBER INFORMATION & ISSUES: 12. DATA INFORMATION Impaired Waters 13. OFFICE 14. EXECUTIVE SESSION: In accordance with M.G.L. Chapter 39, §23B(3) for the purpose of discussing strategy with respect to collective bargaining or litigation if an open meeting may have a detrimental effect on the government’s bargaining or litigation position. 15. ADJOURNMENT Agenda/2011/09.26.11 ======================================================================================== DOCUMENT : 2011-09-26-agenda-3632.txt BOARD : planning-board DATE : 2011-09-26 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2011-09-26-agenda-3632.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_09262011-3632 ======================================================================================== ===PAGE 1=== Planning Board Meeting Executive Session PL_BD_MINUTES_09.26.11_EXECSESSION.PDF 1. Documents: ======================================================================================== DOCUMENT : 2011-09-26-minutes-3615.txt BOARD : planning-board DATE : 2011-09-26 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2011-09-26-minutes-3615.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_09262011-3615 ======================================================================================== ===PAGE 1=== LUNENBURG PLANNING BOARD TOWN OF LUNENBURG Emerick R. Bakaysa, Chair Tel: (978) 582-4147, ext 5 Joanna L. Bilotta-Simeone, Vice-Chair Fax: (978) 582-4353 Thomas W. Bodkin, Jr., Clk. 960 Massachusetts Avenue Robert J. Saiia, Mbr. Lunenburg, MA 01462 Nathan J. Lockwood, Mbr. Marion M. Benson, Planning Director Minutes September 26, 2011 Meeting Posted: Yes Place: Ritter Memorial Building, 960 Massachusetts Avenue, Lunenburg, MA 01462 Time: 6:30 PM ROLL CALL: Present: Joanna L. Bilotta, Thomas W. Bodkin Jr., Robert J. Saiia, Nathan J. Lockwood, Marion M. Benson Absent: Emerick Bakaysa MINUTES – APPROVAL: Signed 9-12-11, Motion, Nathan Lockwood, Second, Mr. Saiia, Motion passed. NOTICES AND COMMUNICATIONS: Zoning Board of Appeals - 50 Massachusetts Avenue seeking special permit for covered walkway, 2 nd floor deck and outdoor seating to right of existing restaurant. MRPC- Reminder of an October 7th field trip to view various Low Impact Developments (LID) within the Montachusett Region. Electric Avenue- Notification of proposed commercial project. Issue is frontage encumbered with above ground sewer pipeline and part of lot outside Sewer District. Applicant to meet with Sewer Department. Building Permit- 64 Spring Street Ext. Construction of new home approved by Zoning Board of Appeals 7-20-11. Conservation Commission- The following were noted: Determinations of Applicability for 228 Northfield Rd to excavate and install a 16x32 swimming pool , 56 Laurel Lane to replace/rebuilt deck area, rebuild retaining wall, support retaining wall, and rebuild steps to retaining wall, 390 Page St for house w/associated appurtenances, 171 Island Rd to clean up and remove debris on shore, 338 Townsend Harbor Rd to install new septic tank, and 96 Laurel Ln to build ramp to door and enclose front of house overlooking water for disabled person. Certificate of Compliance for 11 Beachview Rd. ANR APPROVALS: The following plans were approved and signed by the Board. 146 Elmwood Road, Rocco Lastella & Ron LaPointe 291 West Street, June & Frank Riddle 168 Goodrich Street, Anders Rhodin COMMITTEE REPORTS: MJTC- Mr. Saiia submitted the 1) Montachusett Regional Transportation Plan, 2) letter noting MJTC‟s need of membership and, 3) “The Project Development Process” booklet (9-21-11). Noted was approval for Hubbardston. MRPC- Notice of October 7th field trip to view various Low Impact Developments (LID) within the Montachusett Region. MRPC Energy Advisory Committee - Montachusett Region Energy Plan distributed to members. Director noted report is a draft. Final will be forthcoming with an approval meeting. Copy on file in Planning Office. DPW Building Committee- Ms. Bilotta-Simeone reported that project is advancing. Capital Planning Committee - Director reported that Inventory over $10,000, FY13 Plan requests, and 5 Year Plan are due on September 30th. School Reconfiguration Committee - Mr. Lockwood submitted School Facilities Study discussion. Reported that since regionalization studies were not fruitful, the State demands a plan for reconfiguration of present school system (ex 7 -12) before any reimbursement consideration. A plan will be required. Plan cost can be approximately $750 K. Reconfiguration can result in one less school. Two other issues were brought up in discussion; exit plan for any discarded building and a maintenance plan. ===PAGE 2=== Minutes 9-26-11 Page 2 PLANNING DIRECTOR’S REPORTS/NEW BUSINESS: Mass PV1, LLC, 651 Chase Road -Solar Farm- A draft Environmental Impact Statement was submitted by Sta ntec Planning and Landscape A brief meeting was held wit h Stantec representatives, the Zoning Officer , and the Director to review the necessary data to be submitted. A complete submittal will be submitted September 30 th with a Tech Meeting being held September 28th. Eagle House Parking Lot- Director called to meeting on September 27th. Open Space- Open Space plans for consideration for recreational options on Town lakes. State Fish and Game Department is interested in providing an entrance to Lake Sh irley for car-top vessels. Brandon Kibbe from Town Open Space Committee and Fish and Game is investigating the proposed project. Issues are 1) ownership of the Lake, 2) ownership of area on Parmenter St for entrance and, 3) the possibility of contamination of the Lake by a particular weed. Open Space Committee has requested Mr. Kibbe to speak to the Committee on Fish and Game‟s goals and plans. Summer Street – Noted Status Report and rescheduling of next Summer Street Task Force Meeting from September 27 th to November 1st. This meeting will involve Mr. Bakaysa and Mr. Lockwood. Following meeting on Bylaw Overlay for Summer Street with Lunenburg Planning Board, a copy was sent to Fitchburg by MRPC. Green Community Task Force - Director reported that the Ta sk Force has asked the Board of Selectmen to place an article on the Fall Town Meeting Warrant requesting the Town vote to become a Green Community under the State Statute. The Board of Selectmen has asked the Task Force to present workshops, etc. for the public prior to Fall Town Meeting. ANR Issue - Director noted the Board of Health‟s issue with ANRs. Director described the process. Procedure data was submitted to the Board. Director noted she wou ld have further conversation with the Town Manager. Noted Fee Schedule of $100.00 basic administrative fee plus $75.00 for each additional lot created. Board of Appeals Bylaw Request - Chair Bowen requested that Bylaw Section 4.1.5.1. , Uses Prohibited in all Districts , be reviewed. The issue is the parkin g of non -permanent structures at private residential lots. As the bylaw is written, it encompasses all sizes and shapes and creates neighborhood problem s. Suggestion is to refine the Bylaw to prohibit certain types and size but allow small GVW load vehic les. All the larger stru ctures, vehicle be garaged if on property. The Board requests more information and examples and suggest the Zoning Board of Appeals provide data of size and types. DEVELOPMENT STATUS REPORTS: DPW Facility, Chase Road- Determination of Applicability has been filed with the Conservation Commission. Asian Imperial, 332 Massachusetts Avenue- All permits are granted. Beginning date has not been determined. Emerald Place at Lake Whalom, 10 Lakefront - Lakefront sand has been check ed and has been approved . Non -compliance dock will be removed. Issue with Management„s message will be corrected. Highfield Village, Mass Ave/Northfield Road - A copy of the Application to Massachusetts Environmental Policy Act ( MEPA) Office was submitted t o the Planning Office. MEPA meeting wi ll be held September 30 th, 10:00 AM, at Northfield Road site. Information concerning comments will be posted on Town‟s website. Mr. Saiia and Ms. Benson will attend. Stone Farm Estates, Massachusetts Avenue - Office still awaiting response from Town Counsel . Stone Farm is seeking an answer ASAP. UNFINISHED BUSINESS/OLD BUSINESS: 925 Massachusetts Avenue- Clean Harbors pumped 537 gallons of waste gasoline from the station. Fire Chief does not have any reason to bel ieve the tanks were leaking. It was noted that the Fire Chief‟s authority to go onto the property to pump the tanks will not extend to any other work at that site. MEETING SCHEDULE: No meeting on October 10th due to Columbus Day. October 17th Master Planning/Bylaw meeting. October 24th Regular Planning Board Meeting (Director to try to set up this meeting on local access channel). EXECUTIVE SESSION: See separate minutes ADJOURNMENT: Motion to adjourn regular session and enter executive session, not to return to regular session, Mr. Lockwood, Second, Mr. Saiia, roll call vote, Mr. Saiia, aye, Mr. Lockwood, aye, Ms. Bilotta, aye , Motion passed. Adjourned 8:45 PM. Minutes/2011/09.26.11 ======================================================================================== DOCUMENT : 2011-10-17-agenda-3616.txt BOARD : planning-board DATE : 2011-10-17 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2011-10-17-agenda-3616.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_10172011-3616 ======================================================================================== ===PAGE 1=== LUNENBURG PLANNING BOARD TOWN OF LUNENBURG Emerick R. Bakaysa, Chair Tel: (978) 582-4147 ext 5 Joanna L. Bilotta-Simeone, Vice-Chair Fax: (978) 582-4353 Thomas W. Bodkin, Jr., Clk. 960 Massachusetts Avenue Robert J. Saiia, Mbr. Lunenburg, MA 01462 Nathan J. Lockwood, Mbr. Marion M. Benson, Planning Director NOTICE OF MEETING October 17, 2011 – 6:30 PM Ritter Memorial Building, 960 Massachusetts Avenue Lunenburg, MA AGENDA ANR Approval- RIW Realty Trust, 217 White Street Bylaws  Summer Street  Right to Farm  Zoning Bylaw § 4.1.5.1. Uses Prohibited in all Districts  Design Standards Review  Municipal Planning and Subdivision Legislation, M.G.L. Ch.41 o Section 81-D. Master or Study Plan (current)  Comprehensive Land Use Reform and Partnership Act (CLURPA) o 41: 81D. Master Plan (proposed standards for Master Plan under M.G.L.) Discussion  Master Planning o Table I-1 Planning Goals and Policies o Anticipated Build Out o Review of Bylaw Elements o New Master Planning Topics Minutes- Sign 3-30-11 workshop, 9-19-11 workshop October Meeting Dates-  October 24 – Planning Board Meeting & Public Information Meeting- televised November Meeting Dates & Vacations-  November 14- Planning Board Meeting, Town Hall ?  November 21- Master Planning Workshop, Ritter Memorial Building ?  November 28- Planning Board Meeting, Ritter Memorial Building Agenda/2011/10.17.11 Mp workshop ======================================================================================== DOCUMENT : 2011-10-24-agenda-3617.txt BOARD : planning-board DATE : 2011-10-24 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2011-10-24-agenda-3617.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_10242011-3617 ======================================================================================== ===PAGE 1=== LUNENBURG PLANNING BOARD TOWN OF LUNENBURG Emerick R. Bakaysa, Chair Tel: (978) 582-4147 Joanna L. Bilotta-Simeone, Vice-Chair Fax: (978) 582-4353 Thomas W. Bodkin, Jr., Clk. 960 Massachusetts Avenue Robert J. Saiia, Mbr. Lunenburg, MA 01462 Nathan J. Lockwood, Mbr. Marion M. Benson, Planning Director NOTICE OF MEETING Monday, October 24, 2011 – 6:30 PM Town Hall, 17 Main Street Lunenburg, MA AGENDA 1. ROLL CALL 2. INFORMATION MEETING: 6:30 PM MASS PV1, LLC, 651 Chase Road 3. MINUTES – APPROVAL: Sign 9-26-11 Executive 9-26-11 4. NOTICES & COMMUNICATIONS: 5. COMMITTEE REPORTS: MJTC MRPC MRPC Energy Advisory Committee DPW Building Committee Capital Planning Committee School Reconfiguration Committee 6. PLANNING DIRECTOR’S REPORTS/NEW BUSINESS: Mass PV1, LLC, 651 Chase Road Lunenburg Crossing Sprint Nextel, 9 Chase Road Subsidized Housing Inventory Report Summer Street Green Community Task Force 7. DEVELOPMENT STATUS REPORTS: DPW Facility, Chase Road Asian Imperial, 332 Massachusetts Avenue Emerald Place at Lake Whalom, 10 Lakefront Highfield Village, Mass Ave/Northfield Road Tri Town Landing, Youngs Road 8. UNFINISHED BUSINESS/OLD BUSINESS: 925 Massachusetts Avenue See Above Planning Director’s Reports and Development Status Reports 9. MEETING SCHEDULE: November 7 – Planning Board Meeting, Town Hall November 21 – Planning Board Meeting & Public Hearing for Zoning Articles, Town Hall November 27 - ? 10. MEMBER INFORMATION & ISSUES: 11. DATA INFORMATION 12. OFFICE 13. EXECUTIVE SESSION: In accordance with M.G.L. Chapter 39, §23B(3) for the purpose of discussing strategy with respect to collective bargaining or litigation if an open meeting may have a detrimental effect on the government’s bargaining or litigation position. 14. ADJOURNMENT Agenda/2011/10.24.11 ======================================================================================== DOCUMENT : 2011-10-24-agenda-3618.txt BOARD : planning-board DATE : 2011-10-24 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2011-10-24-agenda-3618.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_10242011-3618 ======================================================================================== ===PAGE 1=== ======================================================================================== DOCUMENT : 2011-10-24-minutes-3617.txt BOARD : planning-board DATE : 2011-10-24 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2011-10-24-minutes-3617.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_10242011-3617 ======================================================================================== ===PAGE 1=== LUNENBURG PLANNING BOARD TOWN OF LUNENBURG Emerick R. Bakaysa, Chair Tel: (978) 582-4147, ext 5 Joanna L. Bilotta-Simeone, Vice-Chair Fax: (978) 582-4353 Thomas W. Bodkin, Jr., Clk. 960 Massachusetts Avenue Robert J. Saiia, Mbr. Lunenburg, MA 01462 Nathan J. Lockwood, Mbr. Marion M. Benson, Planning Director Minutes October 24, 2011 Meeting Posted: Yes Place: Town Hall, 17 Main Street, Lunenburg, MA 01462 Time: 6:30 PM ROLL CALL: Present: Emerick R. Bakaysa, Joanna L. Bilotta, Thomas W. Bo dkin Jr., Robert J. Saiia, Nathan J. Lockwood, Marion M. Benson INFORMATION MEETING: MASS PV1, LLC, 651 Chase Road: See separate minutes. COMMITTEE REPORTS: MJTC- No report. MRPC- Meeting scheduled for October 25th. MRPC Energy Advisory Committee- Ms. Benson awaiting final report. DPW Building Committee - Walkthrough held October 13 th to view ongoing construction. The Committee plans on doing bi - weekly walkthroughs. Capital Planning Committee- Committee to meet October 27 th. Departments have been providing Form B’s, Five Year Plans, and Inventories to the Committee. School Reconfiguration Committee - Presentation being prepared for an upcoming public hearing . Mr. Lockwood will confirm and provide date to Ms. Benson. Current goal is to present educational benefits of reconfiguration. PLANNING DIRECTOR’S REPORTS/NEW BUSINESS: Mass PV1, LLC, 651 Chase Road-Solar Farm- See Information Meeting minutes this date. Lunenburg Crossing - RJ O’Connell & Associates, Inc., provided site inspection report n oting signs, catch basins, pavement, handicap access, and refuse all meeting required level of maintenance. Sprint Nextel, 9 Chase Road - Requesting Modification to Special Permit to swap existing antennas out for same quantity new antennas and swap out and add equipment cabinets within existing shelter. The Lunenburg Water District ( landlord) has requested these improvements to ensure the continued technical and economic feasibility of the facility. Subsidized Housing Inventory Report - The Town has 132 subsidized units . Mr. Bakaysa inquired as to percentage. Ms. Benson to provide figure. Mr. Lockwood inquired if programs available for bringing existing structures under affordable housing mandate or is this strictly new projects? Ms. Benson noted this all comes under DHCD (Department of Housing and Community Development). Summer Street – Summer Street Revitalization Overlay District Bylaw to be placed on the December 5, 2011, Special Town Meeting Warrant. Comments have been requested from the Town Land Use Departments. Green Community Task Force- Article to be placed on Town Warrant for December 5, 2011 Special Town Meeting for Town to be accepted as a Green Community. An Information Meeting will be held for the public. Date TBD. ===PAGE 2=== Minutes 10-24-11 Page 2 DEVELOPMENT STATUS REPORTS: DPW Facility, Chase Road- Weekly progress reports on file in Planning Office. Asian Imperial, 332 Massachusetts Avenue- Will move forward with project – no starting date at this time. Emerald Place at Lake Whalom, 10 Lakefront- Developer informed office that the General Manager is no longer required on site, due to progress of development. If any issues arise, contact will be made directly with the developers. Ms. Bilotta inquired if the beach will remain open duri ng the winter months for snowmobiling, skating, etc. Ms. Benson noted private beach only open during summer months. Highfield Village, Mass Ave/Northfield Road - Mr. Saiia attended MEPA (Massachusetts Environmental Policy Act) walkthrough conducted by the Executive Office of Energy and Environmental Affairs (EOEA). Project Engineer, Kent Oldfield reported that the EOEA appeared pleased with the design changes and noted that the project was well planned. MEPA report will be forthcoming. General Board consensus was Mr. Oldfield be requested to come before the Board to discuss project. Tri Town Landing- Project has received State subsidy to build the third building of 33 units. UNFINISHED BUSINESS/OLD BUSINESS: 925 Massachusetts Avenue- Fuel has been removed from tanks. Mr. Bodkin Jr. feels the next step would be for a letter to be sent to the mortgage holder asking his/her course of action. Mr. Saiia inquired as to how site affects Master Planning. Ms. Benson noted that the Master Planning does not deal with private properties. MEETING SCHEDULE: No Master Planning workshop during the month of November. Planning Board meetings November 7 th and 21st at Town Hall. November 21st meeting includes a Public Hearing for the Special Town Meeting Zoning Ar ticles. MINUTES – APPROVAL: Signed Executive 9 -26-11, Motion Mr. Lockwood, Second, Mr. Saiia, Roll Call Vote, Mr. Saiia, aye; Mr. Lockwood, aye; Mr. Bodkin Jr., Ms. Bilotta, aye. ADJOURNMENT: 8:30 PM Minutes/2011/10.24.11 ======================================================================================== DOCUMENT : 2011-10-24-minutes-3618.txt BOARD : planning-board DATE : 2011-10-24 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2011-10-24-minutes-3618.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_10242011-3618 ======================================================================================== ===PAGE 1=== LUNENBURG PLANNING BOARD TOWN OF LUNENBURG Emerick R. Bakaysa, Chair Tel: (978) 582-4147 ext 5 Joanna L. Bilotta-Simeone, Vice-Chair Fax: (978) 582-4353 Thomas W. Bodkin, Jr., Clk. 960 Massachusetts Avenue Robert J. Saiia, Mbr. Lunenburg, MA 01462 Nathan J. Lockwood, Mbr. Marion M. Benson, Planning Director Minutes Information Meeting MASS PV1, LLC, 651 Chase Road October 24, 2011 Meeting Posted: Yes Time: 6:30 PM Place: Town Hall, 17 Main Street, Lunenburg, MA 01462 Present: Emerick R. Bak aysa, Chair, Joanna L. Bilotta, Vice Chair, Thomas W. Bodkin, Jr., Robert J. Saiia, Nathan J. Lockwood, Marion M. Benson, Planning Director The Information Meeting opened with the Chair reading the legal notice advertised in the Sentinel & Enterprise, October 17 , 2011. The Information Meeting was to hear and discuss an application for a Development Plan Review under Section 8.4. of the Protective Bylaw of the Town of Lunenburg for construction of a ground-mounted solar energy facility at 651 Chase Road. The Applicant, MASS PV1, LLC was represented by Agustin Abalo Principal, and Robert Corning, Principal, Stantec Consulting. The project consists of solar panel arrays in three separate chain-link fenced areas on an approximately 110 acre site. Having three separate areas will avoid infringement on the wetlands. The three areas consist of eight, seventeen, and three acres; totaling 28 acres. Ingress/egress is off Chase Road. A maintenance shed consisting of a small office, restroom and storage will be located along the access road to the site for the persons that come on site for monitoring . Some work will be done within the buffer areas. The Applicant filed a Notice of Intent with the Conservation Commission and has received an Order of Conditions. A detention basin will be provided at each panel location. A pre -fabricated bridge structure will be installed at the location of the existing footbridge that crosses the intermittent stream that currently cuts through the site. Bridge will be 12 feet wide to support both construction vehicles and emergency vehicles . A UNITIL easement is located on site. Landscape screening will be provided to the abutters closest to the site along West Townsend Road with existing vegetation and supplemental pl antings. Ms. Benson noted the following additional comments from the September 28 th Tech Meeting. 1. Twelve-foot gravel roadway (Fire, Police and DPW see no problem) 2. Gated entrance for each array area with lock boxes 3. Security cameras at each grid 4. Grid wiring underground 5. UNITIL – power line to tie into Chase Road 6. Monitoring 1-2 times per month 7. Signage 8. As Built required at completion Ms. Bilotta-Simeone inquired as to how close were residential abutters. The nearest abutters on Chase Road are Central Mass Garden Center and a car dealership. The land to the north of the site is undeveloped. On the West Townsend Road side, a minimum of 50 feet of existing vegetation will remain on the site, in addition to whatever vegetation is already located on a butting property. The panels are low – three feet off the ground to a maximum height of seven feet. Mr. Lockwood inquired as to site security. Security cameras will be remotely monitored. The Applicant will provide training to the Lunenburg Fire and Police Dep artments, and in the event of an incident, the Applicant can have persons quickly on site as they have other sites within Massachusetts. ===PAGE 2=== Information Meeting Minutes MASS PV1, LLC 10-24-11 Page 2 Mr. Bakaysa inquired as to why no second ingress/egress on West Townsend Road in the event Chase Road inaccessible. Mr. Abalo noted that was so there would be no traffic impact for West Townsend Road. Neither the Fire Department nor the Reviewing Engineer had an issue with only one ingress/egress. There will be no “phasing” of the project ; will be built all at once. The Applicant hopes to start prepping the site in spring 2012, with complete installation of the panel arrays by fall . Site has a State mandated 6 Megawatt cap. Ms. Benson read review report of Marsden Engineering into record – as follows: “The drainage was done using the latest computer modeling software. They also included the swale sizing and rip/rap sizing calculations to ensure there would not be a problem with overtopping or erosion. The Stormwater form is complete and signed. There is significant work within the wetlands buffer as such and Notice of Intent must be filed with the Lunenburg Conservati on Commission. In addition, a stormwater pollution plan and Notice of Intent filed with the EPA. Also, in accordance with Stormwater regulations, there needs to be a storm water prevention plan filed. The plan will provid e schedules and details of the construction to better manage the inspection and construction of the site. It should not make any substantive changes to the plans or scope of work and as such, can be a condition of approval prior to start of work. As par t of that plan the Planning Board should request a schedule of construction, phasing, stabilization methods and maximum ar eas to be unstable at any one time. There is a significant amount of area to be cleared, and as long as the proce dures and the plan are well written there can be clear inspection criteria and thus, control of the site. This will prevent erosion or draina ge issues on the site.” Reviewing Engineer Mr. Marsden noted that the installation of a bridge will be an asset to the Conservation Commission to limit the disturbance of the wetlands. He noted that a storm water prevention plan is necessary as it defines how the site will be taken care of during construction. Mr. Saiia inquired as to the 100 Year flood. Mr. Marsden noted all drainage structures and swales have been sized for a 100 Year storm event, but there is no 100 Year flood plain on site. Mr. Lockwood inquired as to how any damage to the panels would be handled . They will be resolved according to an Operation & Maintenance Plan. Equipment is not to be handled by the Fire, DPW or Police Departments. It is not flammable and only toxic if broken and ingested. Panels are self -maintaining during the winter months – elevated to allow for runoff. Production is monitored and if there is a falloff in production, e.g., snow-covered panels, someone will come on site to determine the reason. Applicant will own the site. Mr. Bodkin inquired as to if the site “fails”, e.g., due to economy, etc., what would happen? Mr. Abalo states that he has to post a Decommissioning Bond with the Town. Mr. Bakaysa opened Information Meeting to public comments. Walter Murray, 312 West Townsend Road - his daughter will soon be building on a lot to the rear of his property which is higher that the solar site and he is concerned about her view and if the panels emit any noise. Mr. Abalo noted there will be no future expansion of the three array areas. His response was inaudible regarding noise. Mr. Saiia asked if radiation was emitted from the panels. None. Heli Kokk, 552 West Townsend Road - asked about site lighting, construction timeline, and base for the panels. Only emergency lighting if someone has to go on site during the night and construction is expected to be within six months from start to finish. She also inquired as to the danger in the panels and if the Applicant had other similar sites in Massachusetts. Mr. Abalo noted the legislation passed in Massachusetts in 2009 and seven sites will be built in the state this summer. The technology has b een around over 20 y ears and other states have much larger sites with no incidents. Panels will be built on the grass to aid in stormwater and reduce erosion. ===PAGE 3=== Information Meeting Minutes MASS PV1, LLC 10-24-11 Page 3 Mr. Bakaysa wanted residents to be aware this is not the first solar array in Lunenburg – there is one located on the roof of the Turkey Hill Middle School. John Whalen 526 West Townsend Road - What is the lifespan of the project? Twenty years. At that point, it will be decommissioned, disassembled and the site replanted if it is no longer viable to buy energy from that site. Mr. Whalen said he’ll be able to see right into the site from his property during the winter months. He doesn’t feel 50 feet of landscape screenin g is enough. He felt that the Planning Board was not watching out for the residents. Mr. Bakaysa noted that under the Green Communities Act the developer has the right to develop the site with a solar farm . The Planning Board feels the amount of buffering is adequate. Mr. Bodkin noted that the solar farm will contribute to the mitigating of fossil fuels and supplement energy needs. Mr. Abalo noted that “No Trespassing” signs will be posted; yet abutters are welcome to walk through the wooded area of the property. Lil Murray, 312 West Townsend Road - felt the project could be close r to Chase Road; thereby, placing it further from the residences on West Townsend Road. Walter Murray, 312 West Townsend Road - inquired as to where the panels will be connecting into UNITI L. Applicant currently has application with UNITIL for two options, 1) to tie into the power grid on site, or 2) tie in on Chase Road. Heli Kokk, 552 West Townsend Road- Inquired as to whether applicant is renting or has purchased property. Purchased. Baron Bowser, 512 West Townsend Road- noted he does not have a buffer on his property at the rear. Fifty feet of screening on the site is not enough. Mr. Bakaysa noted that the Board has always been asked to work on what’s in the best interest of the com munity, to bring commercial development to the community to broaden the tax base with minimal effect on the infrastructure. This project meets those needs. John Whalen 526 West Townsend Road - Reiterated his dissatisfaction with amount of screening. M r. Abalo responded that he would see if distance of landscape screening could possibly be increased 30-40 feet, depending on the results of a shading study to see how the panels would be affected. Mr. Corning noted that under the Lunenburg Zoning Bylaw, t hey must conform to the 15 foot zoning setback. The Applicant did not feel this was adequate and provided almost 100 feet to the panels from the property line. Mr. Lockwood inquired if the three smaller panels (approximately 1% of capacity according to Mr. Abalo) at the northwest corner of the 17 acre array area were removed, how would the project be affected? (Mr. Bowser abuts this corner.) Mr. Abalo responded that if th e three panels were moved from the north west corner, additional screening could be placed to bring the screening up to 150 feet. The three panels could possibly be relocated to the southern corner of the 17 acre array area. Information meeting closed at 8:00 PM. Audio and visual recording on file in the Planning Office Minutes/public hearings 2011/MASS PV1, LLC. 651 Chase Road. 10.24.11 ======================================================================================== DOCUMENT : 2011-11-07-agenda-3619.txt BOARD : planning-board DATE : 2011-11-07 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2011-11-07-agenda-3619.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_11072011-3619 ======================================================================================== ===PAGE 1=== LUNENBURG PLANNING BOARD TOWN OF LUNENBURG Emerick R. Bakaysa, Chair Tel: (978) 582-4147 ext 5 Joanna L. Bilotta-Simeone, Vice-Chair Fax: (978) 582-4353 Thomas W. Bodkin, Jr., Clk. 960 Massachusetts Avenue Robert J. Saiia, Mbr. Lunenburg, MA 01462 Nathan J. Lockwood, Mbr. Marion M. Benson, Planning Director NOTICE OF MEETING Monday, November 7, 2011 – 6:30 PM Town Hall, 17 Main Street Lunenburg, MA AGENDA 1. ROLL CALL 2. MINUTES – APPROVAL: Sign 9-26-11 10-24-11 Information Meeting 10-24-11 3. APPOINTMENT: 6:45 PM- Kent Oldfield, Highfield Village 4. NOTICES & COMMUNICATIONS: Conservation Commission Zoning Board of Appeals 5. COMMITTEE REPORTS: MJTC MRPC DPW Building Committee Capital Planning Committee School Reconfiguration Committee 6. PLANNING DIRECTOR’S REPORTS/NEW BUSINESS: Special Town Meeting, 12-5-11  Zoning Articles  Comments/Citizen Participation Horizon Christian Fellowship, 2005 Mass Ave Mass PV1, LLC, 651 Chase Road Stone Farm Summer Street  Alternative Analysis Meeting, 11-15-11, 7:30 PM, Town Hall Green Community Task Force 7. DEVELOPMENT STATUS REPORTS: DPW Facility, Chase Road Emerald Place at Lake Whalom, 10 Lakefront Highfield Village, Mass Ave/Northfield Road Tri Town Landing, Youngs Road 8. UNFINISHED BUSINESS/OLD BUSINESS: See Above Planning Director’s Reports and Development Status Reports 9. MEETING SCHEDULE: NOVEMBER- November 21 – Planning Board Meeting, Town Hall Zoning Articles Public Hearing 2005 Mass Ave Public Hearing DECEMBER- December 12 – Planning Board Meeting, Town Hall December 19 - ? December 26 – NO MEETING 10. MEMBER INFORMATION & ISSUES: 11. DATA INFORMATION 12. OFFICE: MMA 13. EXECUTIVE SESSION: In accordance with M.G.L. Chapter 39, §23B(3) for the purpose of discussing strategy with respect to collective bargaining or litigation if an open meeting may have a detrimental effect on the government’s bargaining or litigation position. 14. ADJOURNMENT Agenda/2011/11.07.11 ======================================================================================== DOCUMENT : 2011-11-07-agenda-3633.txt BOARD : planning-board DATE : 2011-11-07 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2011-11-07-agenda-3633.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_11072011-3633 ======================================================================================== ===PAGE 1=== Planning Board Meeting Executive Session PL_BD_MINUTES_11.07.11_EXECSESSION.PDF 1. Documents: ======================================================================================== DOCUMENT : 2011-11-07-minutes-3619.txt BOARD : planning-board DATE : 2011-11-07 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2011-11-07-minutes-3619.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_11072011-3619 ======================================================================================== ===PAGE 1=== LUNENBURG PLANNING BOARD TOWN OF LUNENBURG Emerick R. Bakaysa, Chair Tel: (978) 582-4147, ext 5 Joanna L. Bilotta-Simeone, Vice-Chair Fax: (978) 582-4353 Thomas W. Bodkin, Jr., Clk. 960 Massachusetts Avenue Robert J. Saiia, Mbr. Lunenburg, MA 01462 Nathan J. Lockwood, Mbr. Marion M. Benson, Planning Director Minutes November 7, 2011 Meeting Posted: Yes Place: Town Hall, 17 Main Street, Lunenburg, MA 01462 Time: 6:30 PM ROLL CALL: Present: Emerick R. Bakaysa, Joanna L. Bilotta, Thomas W. Bo dkin Jr., Robert J. Saiia, Nathan J. Lockwood, Marion M. Benson MINUTES – APPROVAL: Signed 9 -26-11, 10-24-11, and MASS PV1 LLC Information Meeting 10 -24-11, Motion Mr. Saiia, Second, Mr. Lockwood. NOTICES & COMMUNICATIONS: The following were noted: Conservation Commission Certificates of Compliance for 69 Island Road and 6 Beachview Road; both for septic systems. A Determination of Applicability for 26 Spring Street Extension for rebuilding on same footprint. Zoning Board of Appeals Special Permit for 50 Massachusetts Avenue to expand existing restaurant. Noted DPW correspondence regarding debris cleanup from the October 31 st snow storm and resident drop -off at the Youngs Road landfill. APPOINTMENT: Highfield Village - Project Engineer Kent Oldfie ld, New England Engineering Group familiarized the Board with the project. Project consists of 66 units . Entrance/exit on Northfield Road with emergency access on Pope Road . Project has gone through several changes over the past five to six years , which will be noted in the EI R (Environmental Impact Report) required by MEPA (Massachusetts Environmental Policy Act) . MEPA site walk held 11 -30-11. When the plan was originally submitted, a pump station was proposed at Northfield Road. With the subsequent creation of the Sewer Commission, the Commission requested sewer instead down Maple Parkway and White Street. Applicant has finished borings and project has to go to Weston & Sampson Environmental Consultants for review. Road widening will take place at the intersections of New West Townsend/Northfield Roads and Chase/Northfield Roads . Conduit will be installed at Chase/Northfield Roads for possible future installation of signalization. Applicant is working towards a 6 -month timeline to get all required reports, paperwork, etc., completed in order to move forward with the project. Applicant currently has an Extension from the Planning Board which expires December 31, 2011. At that time, Applicant anticipates requesting another Extension. COMMITTEE REPORTS: MJTC- No report MRPC- Meeting held 11-1-11. Nothing significant to report. DPW Building Committee - Meeting biweekly on site. Core building dry walled and heating being installed. New building expected to arrive 2-3 weeks. Capital Planning Commi ttee- Meeting held at the Public Safety Facility Building with the Fire and Police Chiefs. Fire Chief asking for refurbishing of Engine 4 to extend vehicle’s longevity for eight more years. Police Chief requesting 6 Tasers. Committee will meet 11-3-11 with Technology. School Reconfiguration Committee - Advisory Committee p resentation to the School Committee to be held 12 -7-11, 7 pm, Town Hall. Presentation open to the public. ===PAGE 2=== Minutes 11-7-11 Page 2 PLANNING DIRECTOR’S REPORTS/NEW BUSINESS: Ms. Benson noted response to Mr. Bakaysa’s previous inquiry as to the current attained percentage of subsidized housing in Lunenburg; T own has 132 units which equal 3.27% - need a total of 10%. Tri Town Landing has been State -approved for another building of 33 units, which will add to the 3.27%. Special Town Meeting, 12-5-11 Zoning Articles - The Land Use Departments were provided copies of the two draft zoning bylaw articles and requested to provide any comments/input to the Planning Office prior to this e vening’s Board meeting. The two zoning articles were 1) Summer Street Revitalization Overlay District and , 2) Design Standards. Written comments were received from Ray Beal, Zoning Board of Appeals member. Comments/Citizen Participation - Zoning Board of Appeals Chair, Donald Bowen, Ray Beal, and Michael Sauvageau, Zoning Officer/Building Commissioner were in the audience. Mr. Sauvageau felt that the Design Standards were not specific enough to be design standards, e.g., “Façade and roof colors shall be appropriate to the area…..”, should instead specify what colors are appropriate. He also noted that if Design Standards is accepted at Special Town Meeting, other Sections of the Zoning Bylaw would have to be changed as they would conflict with the Design Standards, e.g., Permit Granting Authority (clarification of Zoning Board of Appeals or Planning Board). Mr. Beal’s comments focused on the Design Standards Bylaw. He evaluated the proposed Article by considering the Citizen’s Check List that is include d in the front of Town Warrant. Mr. Beal felt that “the proposed change would impose unreasonable restraints on business people who may be looking for an opportunity to operate a business in the Commercial Zoning District ”, and that the “current zoning By laws provide ample control over the use of property”. Adding Design Standards would be a “deterrent to an owner’s willingness or incentive to invest in the productive use of commercial property in our Town”. He felt that the Development Plan Review curre ntly in place was enough, as visible with the Wal-Mart/Hannaford site. He was also concerned that if this is taken further, it could infringe on the personal rights of residential home owners. Mr. Bowen’s additional comments were that as noted at the May 2011 Annual Town Meeting, the Design Standards were vague, and if an applicant appealed the Planning Board, they would always end up before the Zoning Board of Appeals. He also requested that when Town Counsel is engaged as to what the Planning Board can /cannot do, the Zoning Board of Appeals be included in the discussion for purposes of clarification. Ms. Benson will get comments in writing and work with Mr. Sauvageau on updating the Bylaw. Horizon Christian Fellowship, 2005 Mass Ave - Public Hearing sch eduled for November 21 st for applicant to locate antennas for a Christian radio station on the telecommunications tower located at 2005 Massachusetts Avenue. Application to be reviewed by Mr. Marsden. Mass PV1, LLC, 651 Chase Road -Solar Farm- Due to miscommunication regarding meeting date, in the Applicant’s absence, Reviewing Engineer Mr. Marsden was asked to give a brief summary of Applicant’s plan redesign as a result of the October 24 th Information Meeting. Mr. Marsden noted that Applicant relocate d some panels to provide more distance from abutters on West Townsend Road. Also, an additional two rows of plantings will be provided by the Applicant, thereby providing a total of four rows of plantings between the project and residential abutters adjacent to the 17 acre panel array area. Three abutters to the project viewed the revised plans. Stuart Leinson, 494 West Townsend Road, inquired if project was still in planning stages or had the Plan been approved? Ms. Benson did not anticipate any more r evisions as the Plan meets the requirements of the Zoning Bylaw. Mr. Marsden noted that wetland buffers preclude moving the array sites closer to Chase Road. Brenda Whalen, 526 West Townsend Road, inquired as to what is meant by detention basins; Mr. Marsden defined. She is also concerned with her property value with a solar field in her “back yard” . Ms. Benson noted these are allowed “by right”, per the State. Mr. Leinson asked how the Town benefits from the solar farm. Ms. Benson responded that goin g Green is a benefit to the Town . Financial benefits do not fall under the Planning Board’s jurisdiction. Ms. Whalen inquired if solar farms are allowed in res idential zoning. Under the Zoning Bylaw, yes. Mr. Marsden noted that this site has been limit ed to 6 MegaWatts, if larger; it would then become a power company. As a private project it is limited to 6 MegaWatts under the Green Communities Act passed by the State legislature. Under the Green Communities Act this is considered a public utility, wh ich is for the public good, and therefore, by right, can be sited in any zoning district. Baron Bowser, 512 West Townsend Road, noted he sent e lectronic mails to State Representative Jennifer Benson and State Senator Jennifer Flanagan. Senator Flanagan r esponded that she would look into it, but to her it sounded like a local issue. Mr. Bowser noted that t he Planning Board is saying it is a State issue. He does not feel the public is aware that this is being sited in a heavy residential area. Stone Farm- No response yet from Town Counsel regarding review of the Master Deed Amendment. Summer Street- Alternative Analysis Meeting, 11 -15-11, 7:30 PM, Town Hall . Some Board members will attend. November 1st Task Force meeting postponed due to October 1st storm. ===PAGE 3=== Minutes 11-7-11 Page 3 Green Community Task Force - Article to be placed on Warrant for December 5 th Special Town Meeting for Town to vote to become a Green Community. If passed, this does not become a section of the Zoning Bylaws of the Town. It may be included in the General Bylaws or a separate Town Law . Mr. Bodkin Jr. inquired if passed, is this predicate to a project? No. Mr. Marsden, former chair of the Green Community Task Force, noted that part of becoming a Green Community is by right placement of solar, wind, and cogeneration systems. Whether or not the Town votes to become a Green Community does not affect the by right aspect of solar farms. On November 17th the Task Force will hold a public meeting to discuss the Town “going green” and residents are encouraged to attend. Representatives from the State will be present to answer questions. If the Town votes to become a Green Community, it can then apply to the State for grants. Mr. Marsden referred back to the abutter question regarding any financial benefit to the Town from the solar farm application for 651 Chase Road – the site is considered Real Property and therefore the panels are taxable, which will generate revenue for Lunenburg . DEVELOPMENT STATUS REPORTS: DPW Facility, Chase Road- Weekly progress reports on file in Planning Office. Emerald Place at Lake Whalom, 10 Lakefront - Weekly progress reports note construction on Building 56 commencing and work continuing on Villa units 9 and 11. Highfield Village, Mass Ave/Northfield Road- See appointment above. Tri Town Landing - DHCD (Department of Housing and Community Development) has provided additional subsidies to Lunenburg for Tri Town Landing to construct another building of 33 units. Prior to construction, the developer must ensure that there is still enough water and power available from the city of Fitchburg to support the building. UNFINISHED BUSINESS/OLD BUSINESS: See Above Planning Director’s Reports and Development Status Reports MEETING SCHEDULE: November- 11-21-11, Planning Board Meeting, Public Hearings for Zoning Articles and Horizon Christian Fellowship, 2005 Mass Ave, Town Hall. December- 12-12-11, Planning Board meeting, Town Hall. OFFICE- Massachusetts Municipal Association (MMA) - Packets received in the Planning Office and distributed to Board members. Funds are not available in the Planning budget for Board members to attend MMA Annual Conference. Ms. Benson noted that monies will be needed for updating of the Rules and Regulations Governing the Subdivision of Land. MEMBER ISSUES: Ms. Benson felt that the Design Standards Bylaw needed m ore work and should not be a Warrant Article for the December Special Town Meeting. Mr. Bodkin Jr. and Ms. Bilotta felt that once Mr. Sauvageau and Ms. Benson work together on verbiage revisions, the Bylaw will be ready for the December Special Town Meeting. If necessary, a Planning Board workshop regarding the Warrant Zoning Articles will be scheduled for 5:00 PM, November 21 st, prior to the Planning Board meeting. ADJOURNMENT: Ms. Bilotta, Motion to adjourn Regular Session, enter into Executive Session, not to return to Regular Session, Second, Mr. Lockwood, Roll Call Vote, Mr. Lockwood, aye; Mr. Saiia, aye; Mr. Bodkin Jr., aye; Mr. Bakaysa, aye; Ms. Bilotta, aye. Adjourned 9:30 PM. Minutes/2011/11.07.11 ======================================================================================== DOCUMENT : 2011-11-21-agenda-3620.txt BOARD : planning-board DATE : 2011-11-21 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2011-11-21-agenda-3620.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_11212011-3620 ======================================================================================== ===PAGE 1=== LUNENBURG PLANNING BOARD TOWN OF LUNENBURG Emerick R. Bakaysa, Chair Tel: (978) 582-4147 ext 5 Joanna L. Bilotta-Simeone, Vice-Chair Fax: (978) 582-4353 Thomas W. Bodkin, Jr., Clk. 960 Massachusetts Avenue Robert J. Saiia, Mbr. Lunenburg, MA 01462 Nathan J. Lockwood, Mbr. Marion M. Benson, Planning Director NOTICE OF MEETING Monday, November 21, 2011 – 6:30 PM Town Hall, 17 Main Street Lunenburg, MA AGENDA 1. ROLL CALL 2. PUBLIC HEARINGS: 6:30 PM- Zoning Articles for Special Town Meeting 7:15 PM- Horizon Christian Fellowship, 2005 Mass Ave 3. MINUTES – APPROVAL: Sign 11-7-11 Executive 11-7-11 4. PLANNING DIRECTOR’S REPORTS/NEW BUSINESS: Special Town Meeting, 12-5-11- Zoning Articles Horizon Christian Fellowship, 2005 Mass Ave Mass PV1, LLC, 651 Chase Road Stone Farm Summer Street  Alternative Analysis Meeting, 11-15-11, 7:30 PM, Town Hall Green Community Task Force 5. MEETING SCHEDULE: DECEMBER- December 12 – Planning Board Meeting, Town Hall 6. MEMBER INFORMATION & ISSUES: 7. DATA INFORMATION 8. OFFICE: MMA 9. EXECUTIVE SESSION: In accordance with M.G.L. Chapter 39, §23B(3) for the purpose of discussing strategy with respect to collective bargaining or litigation if an open meeting may have a detrimental effect on the government’s bargaining or litigation position. 10. ADJOURNMENT ======================================================================================== DOCUMENT : 2011-11-21-agenda-3621.txt BOARD : planning-board DATE : 2011-11-21 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2011-11-21-agenda-3621.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_11212011-3621 ======================================================================================== ===PAGE 1=== LUNENBURG PLANNING BOARD TOWN OF LUNENBURG Emerick R. Bakaysa, Chair Tel: (978) 582-4147 ext 5 Joanna L. Bilotta-Simeone, Vice-Chair Fax: (978) 582-4353 Thomas W. Bodkin, Jr., Clk. 960 Massachusetts Avenue Robert J. Saiia, Mbr. Lunenburg, MA 01462 Nathan J. Lockwood, Mbr. Marion M. Benson, Planning Director NOTICE OF MEETING Monday, November 21, 2011 – 5:00 PM Town Hall, 17 Main Street Lunenburg, MA AGENDA ROLL CALL WORKSHOP – Special Town Meeting Zoning Articles ADJOURNMENT Agenda/2011/11.21.11 workshop ======================================================================================== DOCUMENT : 2011-11-21-agenda-3624.txt BOARD : planning-board DATE : 2011-11-21 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2011-11-21-agenda-3624.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_11212011-3624 ======================================================================================== ===PAGE 1=== LUNENBURG PLANNING BOARD TOWN OF LUNENBURG Emerick R. Bakaysa, Chair Tel: (978) 582-4147 ext 5 Joanna L. Bilotta-Simeone, Vice-Chair Fax: (978) 582-4353 Thomas W. Bodkin, Jr., Clk. 960 Massachusetts Avenue Robert J. Saiia, Mbr. Lunenburg, MA 01462 Nathan J. Lockwood, Mbr. Marion M. Benson, Planning Director TOWN OF LUNENBURG PUBLIC HEARING The Lunenburg Planning Board will hold a Public Hearing on November 21, 2011, 6:30 PM, Lunenburg Town Hall, 17 Main Street, Lunenburg, MA 01462. The Hearing is to amend the Zoning Bylaw by deleting current Section 4.6.5. Limitations Upon Use and replace with a new Section 4.6.5. Design Standards, adding a Summer Street Revitalization Overlay District, and amend Section 3.0. Establishment of Districts, 3.1. Typ es of Districts, from 10 to 11 . Copies are on file in the Planning Board office. Notice of said hearing will be duly posted in the usual posting places. Cc: Abutting Cities/Towns State Agencies Town Departments ======================================================================================== DOCUMENT : 2011-11-21-agenda-3625.txt BOARD : planning-board DATE : 2011-11-21 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2011-11-21-agenda-3625.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_11212011-3625 ======================================================================================== ===PAGE 1=== ======================================================================================== DOCUMENT : 2011-11-21-minutes-3620.txt BOARD : planning-board DATE : 2011-11-21 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2011-11-21-minutes-3620.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_11212011-3620 ======================================================================================== ===PAGE 1=== LUNENBURG PLANNING BOARD TOWN OF LUNENBURG Emerick R. Bakaysa, Chair Tel: (978) 582-4147, ext 5 Joanna L. Bilotta-Simeone, Vice-Chair Fax: (978) 582-4353 Thomas W. Bodkin, Jr., Clk. 960 Massachusetts Avenue Robert J. Saiia, Mbr. Lunenburg, MA 01462 Nathan J. Lockwood, Mbr. Marion M. Benson, Planning Director Minutes November 21, 2011 Meeting Posted: Yes Place: Town Hall, 17 Main Street, Lunenburg, MA 01462 Time: 8:00 PM Present: Emerick R. Bakaysa, Joanna L. Bilotta-Simeone, Thomas W. Bodkin Jr., Robert J. Saiia, Nathan J. Lockwood, Marion M. Benson MINUTES – APPROVAL: Motion Ms. Bilotta -Simeone, approve 11 -7-11 minutes, Second, Mr. Saiia, Motion passed, minutes approved. PLANNING DIRECTOR’S REPORTS/NEW BUSINESS: Special Town Meeting, 12-5-11- See Public Hearing minutes this date. Horizon Christian Fellowship, 2005 Mass Ave- See Public Hearing minutes this date. Mass PV1, LLC, 651 Chase Road -Solar Farm - Mr. Bakaysa to confer with Town Manager November 22 nd following conference call with Town Counsel , Planning Director, and Zoning Official this date regarding zoning. Mr. Bakaysa noted to audience that any questions regarding the site should be directed to the Town Manager. Attorney Scott Fenton, Bowditch & Dewey, representing the Applic ant noted that the Applicant meets, or exceed s, the requirements of the zoning bylaws, that the Plan was submitted over 45 days ago, which, under the bylaws is constructive approval ; therefore, he is recommending to his client that he go to the Planning Bo ard tomorrow for approval. Mr. Bakaysa responded tha t he is awaiting response from Town Counsel; anticipating that Counsel will indicate the use is allowed by right and Applicant will be allowed to move forward with the project. Ms. Bilotta -Simeone noted that one of the issues is that the majority of the site is zoned residential. Mr. Bodkin Jr. wanted the residents to be aware that the Planning Board does not have discretion on this matter; that MGL c. 40A, Section 3, prohibits cities and towns from pro hibiting such use subject only to site plan review. The Town’s Solar Bylaw is broad and does not designate specific sections of Town for solar farms. Mr. Whalen, 526 West Townsend Road- inquired as to what was the allowable bylaw permitting the solar fa rm. His interpretation of c. 40A is that it does not allow the Applicant as-of-right zoning. Neither does the Town Zoning Bylaw state as -of-right. He spoke with Kelly Brown, Regional Coordinator for the Green Communities Program Division of MA Department of Energy Resources (DOER). Ms. Brown stated that communities have rights and do not have to blindly accept solar farms. Mr. Whalen felt that it violated the zoning. Both Mr. Bodkin Jr. and Ms. Bilotta -Simeone noted to Mr. Whalen that if the Building Official did not issue a bu ilding permit to the Applicant, the Applicant could appeal to the Zoning Board of Appeals, who could either u phold or rescind the Building Official’s decision. Paula Bertram (Select Board member, but speaking as a private citi zen), 312 Townsend Harbor Road- Believes solar farms are not allowed under the Town’s Zoning Bylaw. The Zoning Bylaw does not allow a commercial or industrial use in a residential area. The project does not comply with the underlying zoning of the area. Stone Farm - Town Counsel has responded that the developer’s requested revisions to the condominium documents are allowable under Massachusetts law. Summer Street - The office received a copy of the presentation given by Vanasse Hangen Brustlin, Inc. on November 15 th regarding transportation improvements. Board members attended presentation. Green Community Task Force - Informational Meeting held November 17 th with a representative from the State to discuss the Stretch Code and how it applies to builders and homeowners. ===PAGE 2=== Minutes 11-21-11 Page 2 MEETING SCHEDULE: December- 12-12-11, Planning Board meeting, Town Hall. OFFICE- Massachusetts Municipal Association (MMA)- Tabled ADJOURNMENT: Motion, Mr. Bodkin Jr., Second, Ms. Bilotta-Simeone, all aye. Adjourned 8:30 PM. Minutes/2011/11.21.11 ======================================================================================== DOCUMENT : 2011-11-21-minutes-3621.txt BOARD : planning-board DATE : 2011-11-21 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2011-11-21-minutes-3621.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_11212011-3621 ======================================================================================== ===PAGE 1=== ======================================================================================== DOCUMENT : 2011-11-21-minutes-3624.txt BOARD : planning-board DATE : 2011-11-21 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2011-11-21-minutes-3624.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_11212011-3624 ======================================================================================== ===PAGE 1=== ======================================================================================== DOCUMENT : 2011-11-21-minutes-3625.txt BOARD : planning-board DATE : 2011-11-21 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2011-11-21-minutes-3625.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_11212011-3625 ======================================================================================== ===PAGE 1=== LUNENBURG PLANNING BOARD TOWN OF LUNENBURG Emerick R. Bakaysa, Chair Tel: (978) 582-4147, ext 5 Joanna L. Bilotta-Simeone, Vice-Chair Fax: (978) 582-4353 Thomas W. Bodkin, Jr., Clk. 960 Massachusetts Avenue Robert J. Saiia, Mbr. Lunenburg, MA 01462 Nathan J. Lockwood, Mbr. Marion M. Benson, Planning Director Minutes November 21, 2011 Meeting Posted: Yes Place: Town Hall, 17 Main Street, Lunenburg, MA 01462 Time: 8:00 PM Present: Emerick R. Bakaysa, Joanna L. Bilotta-Simeone, Thomas W. Bodkin Jr., Robert J. Saiia, Nathan J. Lockwood, Marion M. Benson MINUTES – APPROVAL: Motion Ms. Bilotta -Simeone, approve 11 -7-11 minutes, Second, Mr. Saiia, Motion passed, minutes approved. PLANNING DIRECTOR’S REPORTS/NEW BUSINESS: Special Town Meeting, 12-5-11- See Public Hearing minutes this date. Horizon Christian Fellowship, 2005 Mass Ave- See Public Hearing minutes this date. Mass PV1, LLC, 651 Chase Road -Solar Farm - Mr. Bakaysa to confer with Town Manager November 22 nd following conference call with Town Counsel , Planning Director, and Zoning Official this date regarding zoning. Mr. Bakaysa noted to audience that any questions regarding the site should be directed to the Town Manager. Attorney Scott Fenton, Bowditch & Dewey, representing the Applic ant noted that the Applicant meets, or exceed s, the requirements of the zoning bylaws, that the Plan was submitted over 45 days ago, which, under the bylaws is constructive approval ; therefore, he is recommending to his client that he go to the Planning Bo ard tomorrow for approval. Mr. Bakaysa responded tha t he is awaiting response from Town Counsel; anticipating that Counsel will indicate the use is allowed by right and Applicant will be allowed to move forward with the project. Ms. Bilotta -Simeone noted that one of the issues is that the majority of the site is zoned residential. Mr. Bodkin Jr. wanted the residents to be aware that the Planning Board does not have discretion on this matter; that MGL c. 40A, Section 3, prohibits cities and towns from pro hibiting such use subject only to site plan review. The Town’s Solar Bylaw is broad and does not designate specific sections of Town for solar farms. Mr. Whalen, 526 West Townsend Road- inquired as to what was the allowable bylaw permitting the solar fa rm. His interpretation of c. 40A is that it does not allow the Applicant as-of-right zoning. Neither does the Town Zoning Bylaw state as -of-right. He spoke with Kelly Brown, Regional Coordinator for the Green Communities Program Division of MA Department of Energy Resources (DOER). Ms. Brown stated that communities have rights and do not have to blindly accept solar farms. Mr. Whalen felt that it violated the zoning. Both Mr. Bodkin Jr. and Ms. Bilotta -Simeone noted to Mr. Whalen that if the Building Official did not issue a bu ilding permit to the Applicant, the Applicant could appeal to the Zoning Board of Appeals, who could either u phold or rescind the Building Official’s decision. Paula Bertram (Select Board member, but speaking as a private citi zen), 312 Townsend Harbor Road- Believes solar farms are not allowed under the Town’s Zoning Bylaw. The Zoning Bylaw does not allow a commercial or industrial use in a residential area. The project does not comply with the underlying zoning of the area. Stone Farm - Town Counsel has responded that the developer’s requested revisions to the condominium documents are allowable under Massachusetts law. Summer Street - The office received a copy of the presentation given by Vanasse Hangen Brustlin, Inc. on November 15 th regarding transportation improvements. Board members attended presentation. Green Community Task Force - Informational Meeting held November 17 th with a representative from the State to discuss the Stretch Code and how it applies to builders and homeowners. ===PAGE 2=== Minutes 11-21-11 Page 2 MEETING SCHEDULE: December- 12-12-11, Planning Board meeting, Town Hall. OFFICE- Massachusetts Municipal Association (MMA)- Tabled ADJOURNMENT: Motion, Mr. Bodkin Jr., Second, Ms. Bilotta-Simeone, all aye. Adjourned 8:30 PM. Minutes/2011/11.21.11 ======================================================================================== DOCUMENT : 2011-12-05-agenda-3622.txt BOARD : planning-board DATE : 2011-12-05 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2011-12-05-agenda-3622.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_12052011-3622 ======================================================================================== ===PAGE 1=== LUNENBURG PLANNING BOARD TOWN OF LUNENBURG Emerick R. Bakaysa, Chair Tel: (978) 582-4147 ext 5 Joanna L. Bilotta-Simeone, Vice-Chair Fax: (978) 582-4353 Thomas W. Bodkin, Jr., Clk. 960 Massachusetts Avenue Robert J. Saiia, Mbr. Lunenburg, MA 01462 Nathan J. Lockwood, Mbr. Marion M. Benson, Planning Director NOTICE OF MEETING Monday, December 5, 2011 – 6:15 PM Cafeteria, Lunenburg High School Lunenburg, MA AGENDA Review Zoning Articles Agenda/2011/12.05.11 ======================================================================================== DOCUMENT : 2011-12-05-minutes-3622.txt BOARD : planning-board DATE : 2011-12-05 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2011-12-05-minutes-3622.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_12052011-3622 ======================================================================================== ===PAGE 1=== LUNENBURG PLANNING BOARD TOWN OF LUNENBURG Emerick R. Bakaysa, Chair Tel: (978) 582-4147, ext 5 Joanna L. Bilotta-Simeone, Vice-Chair Fax: (978) 582-4353 Thomas W. Bodkin, Jr., Clk. 960 Massachusetts Avenue Robert J. Saiia, Mbr. Lunenburg, MA 01462 Nathan J. Lockwood, Mbr. Marion M. Benson, Planning Director Minutes December 5, 2011 Meeting Posted: Yes Place: Lunenburg High School, Lunenburg, MA 01462 Time: 6:15 PM Present: Emerick R. Bakaysa, Joanna L. Bilotta-Simeone, Thomas W. Bodkin Jr., Nathan J. Lockwood, Marion M. Benson Absent: Robert J. Saiia Discussion, in conjunction with Town Counsel, of zoning articles for Special Town Meeting. Minutes/2011/12.05.11 ======================================================================================== DOCUMENT : 2011-12-12-agenda-3623.txt BOARD : planning-board DATE : 2011-12-12 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2011-12-12-agenda-3623.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_12122011-3623 ======================================================================================== ===PAGE 1=== LUNENBURG PLANNING BOARD TOWN OF LUNENBURG Emerick R. Bakaysa, Chair Tel: (978) 582-4147 ext 5 Joanna L. Bilotta-Simeone, Vice-Chair Fax: (978) 582-4353 Thomas W. Bodkin, Jr., Clk. 960 Massachusetts Avenue Robert J. Saiia, Mbr. Lunenburg, MA 01462 Nathan J. Lockwood, Mbr. Marion M. Benson, Planning Director NOTICE OF MEETING Monday, December 12, 2011 – 6:30 PM Town Hall, 17 Main Street Lunenburg, MA AGENDA 1. ROLL CALL 2. MINUTES – APPROVAL: Executive 11-7-11 11-21-11 Zoning Articles Public Hearing 11-21-11 Horizon Christian Fellowship Public Hearing 11-21-11 12-5-11 3. NOTICES & COMMUNICATIONS: Conservation Commission 4. COMMITTEE REPORTS: MJTC MRPC DPW Building Committee Capital Planning Committee School Reconfiguration Committee 5. PLANNING DIRECTOR’S REPORTS/NEW BUSINESS: American Tower, 2005 Massachusetts Avenue Sprint Nextel, 9 Chase Road Glenn’s Auto Salon/Asian Imperial, 332 Massachusetts Ave Mass PV1, LLC, 651 Chase Road EPG Solar, 194 Electric Avenue Summer Street Corridor Open Space Ad Hoc Committee Green Community Task Force 6. DEVELOPMENT STATUS REPORTS: DPW Facility, Chase Road Emerald Place at Lake Whalom, 10 Lakefront Highfield Village, Mass Ave/Northfield Road Tri Town Landing, Youngs Road Horizon Christian Fellowship, 2005 Massachusetts Avenue 7. UNFINISHED BUSINESS/OLD BUSINESS: See Above Planning Director’s Reports and Development Status Reports 8. MEETING SCHEDULE: JANUARY  January 9- Information Meeting, EPG Solar, 194 Electric Avenue & Planning Board Meeting, Town Hall  January 16- Holiday – Reschedule Master Planning Workshop, Ritter Building  January 23- Planning Board Meeting, Town Hall 9. MEMBER INFORMATION & ISSUES: 10. DATA INFORMATION 11. OFFICE: MMA 12. EXECUTIVE SESSION: In accordance with M.G.L. Chapter 39, §23B(3) for the purpose of discussing strategy with respect to collective bargaining or litigation if an open meeting may have a detrimental effect on the government’s bargaining or litigation position. 13. ADJOURNMENT Agenda/2011/12.12.11 ======================================================================================== DOCUMENT : 2011-12-12-minutes-3623.txt BOARD : planning-board DATE : 2011-12-12 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2011-12-12-minutes-3623.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_12122011-3623 ======================================================================================== ===PAGE 1=== ===PAGE 2=== ===PAGE 3===