# planning-board — 29 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 : 2012-06-04-minutes-3660.txt BOARD : planning-board DATE : 2012-06-04 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2012-06-04-minutes-3660.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_06042012-3660 ======================================================================================== ===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 June 4, 2012 Meeting Posted: Yes Place: Town Hall, 17 Main Street, Lunenburg, MA 01462 Time: 6:30 PM Present: Emerick R. Bakaysa, Joanna L. Bilotta-Simeone, Thomas W. Bodkin Jr. Nathan J. Lockwood, Marion M. Benson Absent: Robert J. Saiia MINUTES – APPROVAL: Motion, Ms. Bilotta-Simeone, to approve 5-14-12, Second, Mr. Lockwood, minutes signed. ANR- Daniel Cronin, 1 Turkey Hill Road - The Board is still awaiting input from Mr. C ataldo, Building Official for this ANR. Ms. Bilotta-Simeone, Motion to hold approval of the ANR until the next Board meeting, Second, Mr. Lockwood, Motion passed. ANR- Alice Heikkila (owner), EPG Solar (applicant), 651 Chase Road - Board awaiting revised p lan labeling Parcel C as “buildable”. EPG Solar Development Plan Review- Findings and Directives read into record. I. Background and Procedural History 1. An application for a Development Plan Review was submitted on November 29, 2011 for 194 Electric Avenue, Map 077, Parcel 0014 and Map 078, Parcel 0069. 2. The order for a Development Plan Review was presented to the Planning Board by Zoning Officer/Permitting Authority Michael Sauvageau in letter dated January 9, 2012 (attached and on file in Planning Department). 3. The physical location of the proposed site is now defined as 265 Pleasant Street, per the Lunenburg Assessors’ Office. 4. The Applicant is EPG Solar LLC, 5425 Wisconsin Avenue, Suite 600, Chevy Chase, MD 20815. 5. Michael Borkowski is listed as principal of EPG Solar LLC. 6. The Engineer/Designer is Solar Design Associates, PO Box 242, Harvard, MA 01451-0242. 7. The name of the additional Engineer/Designer is Goldsmith, Prest & Ringwall, Inc., 39 Main Street, Suite 301, Ayer, MA 01432. 8. The owner of the property is Twin City Baptist Temple Inc. (TCBC), 194 Electric Avenue, Lunenburg, MA 01462. 9. The Reviewing Engineers for the Planning Board were Marsden Engineering, P.O. Box 509, Lunenburg, MA 01462 and David E. Ross Associates, P.O Box 368, 111 Fitchburg Road, Ayer, MA 01432. 10. The entire parcel consists of approximately 188 acres. 11. The owner filed and received an approval for an ANR Plan for 47.203± Acres; ANR Plan dated January 18, 2012; Board approval d ate of February 13, 2012. 12. EPG Solar has a 30-year lease agreement with TCBC for 20 acres of the 47.203 ± Acre parcel subdivided by the approved ANR Plan. 13. The proposed use is a solar farm. 14. The project is for ground-mounted solar arrays. 15. The Application is filed pursuant to the Protective Bylaw of the Town of Lunenburg, Section 6.6. Performance Standards, Subsection 6.6.7., Solar Energy Systems. 16. The Application included Development Plan Review plan drawings. 17. The site will have day/night surveillance cameras. 18. The project proposed for solar use consists of a series of four (4) existing mowed fields running from West Street to the north behind the houses on Pleasant Street. The largest field is the eastern field and encompasses approximately 9.9 Acres. The field bo rders a wet area, an existing driveway and house, and woodlands to the east. 19. A line of trees, bushes and vines separate the site from fields to the southwest, west and north. This area is approximately 3.3 Acres in size and is directly behind the houses on Pleasant Street. ===PAGE 2=== Minutes 6-4-12 Pg 2 20. An abutter’s yard extends into the field all the way to the wooded tree line to the east from the west field just north of it. A wood line runs along the north side of the abutter’s yard as well. This area is approximately 3.9 Acres and runs behind more hous es on Pleasant Street. 21. The area listed in #20 above is connected to the north field by a narrower strip of land, which is approximately 4.8 Acres in size. 22. The easiest access is from Pleasant Street. 23. The Notice of Intent was submitted to the Conservation Commissi on on January 8, 2012, for work required within the 100’ buffer zone of wetlands. 24. The Conservation Commission held Public Hearings on February 1, 2012, March 7, 2012, March 21, 2012, and April 18, 2012. 25. The final drainage analysis contained in Whitman & Bingham Associates Inc. report (Engineer Brian Milisci [third party reviewer]) on April 4, 2012 was accepted by the Conservation Commission and the Planning Board. 26. The Conservation Commission Order of Conditions dated April 23, 2012 lists specific conditio ns prior to Construction, Sediment and Erosion Controls, Soil Stockpiles and Fill Storage, Land Subject to Flooding, Stormwater Management, and other conditions regarding fuel storage, removal of construction debris and erection of fencing (attached and filed in Conservation Department). 27. The following documents were presented for review: o Geotechnical Investigation Report o Operations and Maintenance Manual Report o Site Visit Report by Goldsmith, Prest and Ringwall, Inc. o Spill Prevention, Containment and Countermeasure Plan o Site Plan by Solar Design Associates 28. The Reviewing Engineer’s January 9, 2012 report (Marsden Engineering) outlined a list of specifics required for review (attached and on file in Planning Department). 29. The Reviewing Engineer’s January 23 , 2012 report (Marsden Engineering) notes that Environmental Impact Statement (EIS) dated January 20, 2012, copy of lease dated October 28, 2011, and Conceptual Plan dated January 2012 by Goldsmith, Prest and Ringwa ll, Inc. were submitted for review (on file in Planning Department). 30. The Reviewing Engineer’s January 23, 2012 report (Marsden Engineering) listed additional information and documentation needed . Report noted no reduction in surface water flow to abutters. More plantings were shown and area of use is contained within area shown on ANR Plan (attached and on file in Planning Department). 31. The Reviewing Engineer’s April 20, 2012 report (Ross Associates) on the evaluation of proposed landscaping for screening the proposed fencing and photovoltaic mo dules notes the change in fence height, type of proposed screening in the western view corridor and in the northern and eastern view corridors. While overall, the species proposed are appropriate, the plan does n ot consider the intent of the screening to be continuous and fully hide the fencing and appendages (attached and on file in the Planning Department). 32. At the April 23, 2012 meeting, the Planning Board rejected the submitted landscaping and screening plan described in #31 abov e and requested that the Applicant submit a revised plan that would fulfill the stated intent of Applicant to screen the solar arrays for the best protection visibly from the neighborhood. 33. The Applicant submitted an extended landscaping and screening plan to be presented at the M ay 14, 2012 meeting. The Applicant hired Landscape Architect Lorayne Black to design an extended plan. The plan increased the number of plantings by approximat ely 300%. 34. The Reviewing Engineer’s May 11, 2012 report (Ross Associates) of the revised plan no ted the Applicant needed to indicate if the entire fencing would have vines or if there was a defined limit, and that the cluster planting details omitted from the revis ed plan should be returned to ensure proper spacing achieved for the plantings (attached and on file in the Planning Department). 35. The Landscape Architect added two -foot berms to assist in catching rain water and not create drainage issues. Berms are also to raise the landscaping beds. An additional variety of plants were added to the site, including climbing plantings for the fencing. 36. There is an historic stone wall in the middle of the project area. 37. The Historic Commission responded to an inquiry noting that they have no jurisdiction over the stone wall (letter attached an d on file in the Planning Department). 38. The applicant’s engineer notes that the wall could be straddled by the proposed arrays, thus leaving the wall intact. 39. A Planning Board Public Information Meeting was duly advertised, held on January 23, 2012, continued to February 13, 2012, and closed on March 26, 2012. 40. Abutters within 300 feet of the site were notified of the Public Information Meeting. 41. Abutters and neighbors on Pleasant and West Street strongly object to this project due to close vicinity to their residences. 42. The abutters’ main objections are to the placement in a residential area, the disturbance to their surrounding views, concern for their property values, concern over health issues, etc. (Copies of letters and electronic mails are on file in the Planning Department.) 43. A petition opposing the project was submitted to the Planning Board. 44. The abutters notified the Planning Board that position letters regarding the project would be forthcoming and desire to be pa rt of the record (attached and on file in the Planning Department). 45. In letter dated May 14, 2012, Michael J Sauvageau, Zoning Officer, states that the newly voted Solar Bylaw voted at the Annual Town Meeting on May 5, 2012 requires that any solar project that shall require a building permit under the new By law must conform to the requirements of the new Bylaw. The new Bylaw becomes effective the day it is voted, May 5, 2012 (letter attached and on file in the Planning Department). 46. The Applicant shall be notified of the date of the DPR presentation to the pe rmitting agent under Zoning Bylaw, Section 6.6. Performance Standards, Subsection 6.6.8. in effect on the date of submittal. ===PAGE 3=== Minutes 6-20-12 Pg 3 II. FINDINGS UNDER SECTION 8.4 OF THE ZONING BYLAW 47. The application submitted under Section 8.4.3. of the Zoning Bylaw complies with the submittal requirements. Specifically: A. The application for DPR was accompanied by a plan, prepared and certified by professional engineering firm GPR (Goldsmith, Prest & Ringwall), Inc. See attached correspondence from EPG Solar dated January 18, 2012. B. A Location map - Shown as Vicinity Map shown on Overview Plan was submitted with application dated as received January 25, 2012. C. Name of owner of property and name of applicants as follows: *Owner: Twin City Baptist Church-Pastor, Erven Burke Applicant: EPG Solar LLC, Michael Borkowski, Principal D. Lot Boundaries, dimension and lot areas are shown as Vicinity Map shown on Overview Plan noted above. E. Use, ownership and zoning of the lots subject to the application and of the adjacent land and the use of any building thereon within two hundred feet of the subject property are shown as Vicinity Map shown on Overview Plan noted above. F. The plan depicts existing and proposed vegetation, ground culture or surface, inc luding wetlands. EPG is proposing to remove trees within the array field indicated on plans noted above. EPG proposes to plant clover or similar non -invasive species to replace the current hayed grasses on the site. The clover will fix topsoil and its l ow growth characteristics will reduce the need for mechanical height control (mowing). *Reviewed by Peer Engineer for the Planning Board. See reports noted in Findings - Background and Procedural Data previously submitted by e-mail to Counsel. G. The plan shows existing and proposed topography at two-foot intervals. Sufficient information is given to clearly indicate areas in the site, and within fifty feet of the site where gravel and loam removal or filling is proposed and the approximate volume in cubic yards. All elevations refer to the nearest United States Coastal and Geodetic Bench Mark (NGVD). No changes in grading, other than those created in conformity to the stormwater run -off plan and any changes required to provide drainage relief to neighbors as coordinated with the Conservation Commission and the Town Consulting Engineer are shown. *See Conservation Order of Conditions, previously submitted to Counsel and reviews Board noted in Findings - Background and Procedural Data previously submitted by e-mail to Counsel by Peer Engineer for the Planning Board. H. The requirement that existing and proposed easements are to be shown is non-applicable. I. Existing and proposed watercourses are shown on the Overview Plan and Conservation Commission documents previously submitted. J. Plans must show all existing and proposed buildings, structures, parking spaces, driveways, driveway openings, pedestrian walks, loading areas, service areas, landscaped areas and natural areas on the subject’s property and dimensions thereof. The project does not show buildings and will be unmanned and unoccupied. Overview Plan shows the structures are solar photovoltaic panels mounted on machine driven steel posts. Plans show the method of mounting, the method of driving steel posts, the structural layout of the facility and other details of construction. See Conservation Commission Order of Conditions. A lso reviewed by Peer Reviewer. K. Plans must show all proposed screening, surface treatment, exterior storage, lig hting and landscaping, including fencing walls, planting areas and signs. Submitted plans show fencing plans, signage design and screening vegetation. Fence will be made of 8 foot grey chain-link fencing with natural screening in front of it. New design shows a 6 foot fence. Planning Board did not approve second presentation of landscaping and screening. A third presentation of landscaping and screening design was presented. Although more complete, it still did not meet all concerns of the Board. Noted in the minutes of May 14, 2012. L. The requirement that plans show façade elevations of any new construction and/or alteration to any existing building or structure is non-applicable. M. The requirement that plans show information describing proposed pr ovision for waste disposal, refuse removal, drainage, dust and erosion control and other utilities and their appurtenances is non-applicable. N. Photographs showing the proposed building site and surrounding properties were submitted showing overhead and complete site views. O. Tables indicating, by zoning classifications, the required and proposed setbacks, side yards and rear yard distances, the intended use of the site, existing and proposed floor area and the use or uses of the floor area by square feet and number of units and parking areas with their locations were submitted. The proposed setbacks are in compliance with the required 25 -foot setback for Residence A. The project has been designed with all setbacks to the fence boundary of the facil ity and the structures are behind the fence. Floor area and parking requirements are not applicable. P. Environmental Impact Statement was prepared in accordance with the Planning Board Rules. The statement showed no impact to critical habitats, archeolo gical areas or historical sites. The project removes no topsoil from the site, does not change impermeable surfaces, has no parking or permanent fixtures to the land. An historic stone wall is within the project. See a lso Background and Procedural History above. 48. The application submitted under Section 8.4. of the Zoning Bylaw complies with the performance standards set forth in Section 8.4.5.1. Specifically: A. The plan submitted complies with Section 8.4.3. as described above. B. Visual corridors are protected. A Landscape Plan and Screening Plan, prepared by Goldsmith, Prest & Ringwall Inc. was presented on 1/23/12. This plan was reviewed by a peer review. The plan did not fully protect the visual corridors for the abutters, particularly the West Street corridors. A second plan prepared by Lorayne Black, ASLA, Landscape Architect, revised above plan, dated 4/11/12 showed more extensive planting and coverage. All proposals noted that the plantings and screenings are expected to fully screen in a ti me-line of ten years. Noted in the minutes of 5/14/12 questioned the adequacy of the coverage. Representatives of the abutters also questioned same. C. Landscaping is used to establish buffers between incompatible land uses, including plant type and locati on. See answers to B above. Additional concerns regarding issue is the project in a residential area as allowed in Bylaw Section 6.6.7. ===PAGE 4=== D. Open spaces and pedestrian amenities are available to the public. N/A ===PAGE 5=== Minutes 6-4-12 Pg 4 E. Access points, service roa ds, driveways, parking areas, lighting and pedestrian walkways. Access point (1), parking, lighting is shown on Plan submitted 3/26/12, Sheet 6 of 10 and reviewed by Peer Reviewer. Driveways and pedestrian walkways are not contained in plan noted above therefore N/A. F. Ease of access, travel and on site movement for fire and police equipment and other emergency services for public safety. As noted above see Sheets 6 of 10. Review of Fire and Police Departments agree with plan. Fire, Police and DPW Departments will received training for emergency services. G. Utilities are all underground. Yes-as shown on plan dated revised 3/26/12 Sheets 5, 6, 7. H. Surface run -off is minimized and the protection of the site and adjacent properties from erosion as a result there is assured. Yes, by report of a third -party engineering firm, Whitman and Bingham, submitted by Applicant. Report accepted by Planning Board and Conservation Commission. I. The relationship of the buildings to the site, including the siting of buildin gs, structures and open spaces is designed to permit passive solar energy and to permit maximum protection of pedestrian areas from adverse impact of winds, vapors, or other emissions, shadows and/or noise. There are no buildings shown on the submitted pl ans. There are abutters’ concern via impacts of vapors and other emissions. Research shows no studies from state or federal government supporting any findings. J. The relationship of the buildings and site to adjoining areas, including compatibility with th e prevailing architectural style and landscape and suitable transition to adjoining properties. Site plans first submitted 1/25/12 and revised to 4/11/12 show the project as a Solar Farm and show only placement in a residential area. See Sheet cross sect ions, sheet 1 of 2 and 2 of 2 depicting transition of project to abutters’ properties. K. Historical considerations and compatibility with abutting properties and the area in which it is located are respected. Plans show a 300 year old stone wall on the pro perty. The Lunenburg Historical Commission was asked for their relationship and a response letter dated April 5, 2012 noted that they had no jurisdiction over the protection of this wall because it is on private land. Applicant offered to straddle this wall with the solar arrays to protect it. L. Provision is made for maintenance of common areas and special features. The Applicant will be responsible for maintenance via Directives attached. M. The design of parking and off -street loading areas complies with th e “Regulations of the Planning Board of the Town of Lunenburg Governing the Design, Construction and Maintenance of Off-Street Parking and Loading Areas.” The plan calls for two parking spaces for routine inspections. N. The landscaping complies with the “ Planning Board Guidelines for Non -Residential Landscaping.” The project as a Solar Farm is a first such project in Lunenburg and therefore will follow a plan for Landscaping and Screening for protection of Visual Corridors. O. Architectural style, including facades, is consistent within the development and with the character of Lunenburg. There is no consistency of the Solar Farm projects that is consistent with the development and with the character of Lunenburg. P. Alteration of the topography is limited as n early as possible to that which is necessary for the provision of access. Plans show little grading, mostly associated with landscape beds as shown on Sheet 11 -12-13 of Landscape Plan, revised 4/1/12, and possible change with installation of arrays. Cons ervation Order of Conditions dictates more extensive allowable grading near the wetlands. Q. Appropriate surface treatment, landscaping, fencing, walls, planting areas and signage is provided, in accordance with this Bylaw and the applicable Regulations of the Planning Board. Surface treatment as shown on Landscape Plan, Sheet 5, 6, 7 shows grass coverage under the panels, plus gravel on the Access Drive. Plan entitled Landscaping and Utility Plan shows a six (6) foot fence while other plans showed an eight (8) foot fence. Minutes dated 5/14/12 noted the change. Signage will be submitted to Permitting Authority but will be consistent with Zoning Bylaw. R. Adequate size, location and screening of exterior and outside storage and service areas is provided in ac cordance with this Bylaw and the determination of the Planning Board. N/A S. Appropriate provision is made for waste disposal, water supply, refuse removal, drainage, dust and erosion control and other utilities and their appurtenances, in accordance with the Bylaw, other applicable Town regulations and other applicable regulations of the Planning Board. The Applicant shall receive a form entitled “Monitoring and Construction Procedures” which notes the above. There shall be an M&O Plan submitted upon reques t for permitting. Also specific instructions are in the Conservation Commission Order of Conditions. T. Adverse impacts identified in the “Environmental Impact Statement” are mitigated. An Environmental Impact Statement was submitted with application for Development Plan Review, Section 8.4. of the Lunenburg Zoning Bylaw. Review of this document shows consistency with the elements noted in this SubSection of Section 8.4. except for changes in Landscaping and Visual listed at (f) iii. There is no written sta tement showing plans for (c), (iii), (iv) listed as Recreation and Existing Neighborhood Land Use. U. Construction of utilities, including drainage, conforms to the applicable sections of the “ Lunenburg Planning Board Rules and Regulations Governing the Subdivision of Land.” See (G), (H), of this report and Sheets 8 & 9 of Revised Plan 8 & 9 of Revised Plan 4/11/12. V. Project review, development and construction shall be monitored in accordance with the “Monitoring and Inspection Procedures and Fee System of the Lunenburg Planning Board.” Forms will be added to this report. The fee has been paid. III. DIRECTIVES AND CONDITIONS 49. The Applicant shall present a procedure for monitoring the solar arrays and all the land in the project. 50. The Applicant shall report to t he Planning Board per the attached sheet every Monday morning during construction (see attached). Further, the Applicant shall include in this report any problem during construction that affects/infringes on the neighboring residences’ properties. ===PAGE 6=== Minutes 6-4-12 Pg 5 51. The Applicant shall cooperate with the Town Reviewing and Monitoring Engineer inspecting the project to ensure construction according to the approved plans. 52. The Applicant shall show that a Storm Water Pollution Prevention Plan and a copy of the Notice of Intent have been filed with the Environmental Protection Agency (EPA). Said plan shall provide schedules and details of the construction. 53. The Applicant shall not make any substantive changes to the plans or scope of work without submitting those changes to the Planning Board for engineering review. 54. The Applicant shall submit to the Planning Board and the Building Official a schedule of construction phasing, stabilization methods, and maximum areas to be unstable at any one time to prevent erosion or drainage issues. 55. The Applicant shall supply names and other emergency contact information to the Fire Department, Police Department, Planning Board and the Building Official. 56. The Applicant shall notify the Lunenburg Planning Board the date it begins the project and operation of surveillance cameras. 57. The Applicant shall provide the Lunenburg Planning Board all future information and correspondence regarding the Conservation Commission’s Order of Conditions in regard to the Conservation Commission Directives so the Planning Board will have a complete file on the installation of the Solar Farm. 58. The Applicant shall notify the Planning Board of any problems/changes in the field that warrants an engineer’s inspection as to how the noted problems/changes affect the previously reviewed plan. 59. The Applicant shall review the last Landscaping and Screening Plan to add screening for the complete fence and adjust the pla n to include planting details omitted In the May 14, 2012 presentation. 60. The Applicant shall submit an As Built Plan prior to the final inspection. 61. The Applicant shall present a Performance Guarantee before construction as listed below: A. Insurance in a reasonable amount determined and approved by the Planning Board after consultation, and at the expense of the Applicant, with one or more insurance companies to cover damage from structures and other site liabilities. Annual proof of said insurance shall be filed with the Town Treasurer or Accountant. B. An annual maintenance bond shall be posted for the access road and site. Said amount to be determined by the Planning Board and Applicant. Date determined at time of closure. C. The Applicant shall post a bond with the Town to cover the cost of removal in the event that the applicant (owner) does not remove the arrays and any accessory structures within six months of the date that the facility ceases to be used. Board discussion ensued. Revised Findings and Directives above are as a result of that discussion. Mr. Bakaysa noted that action on the DP R needs to be taken under the old solar bylaw and that during telephonic discussion Town Counsel recommended that the Board take this action to conclusion. Applicant requested that the Board finish the DPR so they can move on to the next step of applying for a building permit and then take whatever action may be required as a result of the Building Official’s decision. For purposes of clarity, some Board members desired discussion with Town Counsel for conversation relative to the bylaw and how it relates to the DPR, and associated scenarios. Mr. Lockwood, Motion to table decision on DPR until Board meets with Town Counsel, either via regular session, executive session, or telephonic conference. Second, Mr. Bodkin Jr. Roll Call vote – Mr. Lockwood, aye; Mr. Bodkin Jr., aye; Ms. Bilotta -Simeone, aye; Mr. Bakaysa, nay. An individual in the audience requested a copy of the DPR. Mr. Bakaysa responded, “When they become official – at this point they are still in DRAFT form”. NOTICES & COMMUNICATIONS: Noted appointment of new Lunenburg Fire Chief Noted building permits issued for Jacklyn Drive, Whites Woods and Sequoia Drive COMMITTEE REPORTS: MJTC- No report MRPC- Meeting held May 29th. School Building Comm ittee- Committee submitting paperwork to Massa chusetts School Building Authority (MSBA) for next step in process. PLANNING DIRECTOR’S REPORTS/NEW BUSINESS: Highfield Village, Northfield Road - Current Extension expires June 30, 2012. Extension request letter has been requested from the project engineer. Verizon Wireless, 314 Sunny Hill Road- Requested modification currently being reviewed. DEVELOPMENT STATUS REPORTS: Emerald Place at Lake Whalom, 10 Lakefront - Five villas completed. Developer requesting meeting with Ms. Benson. Ms. Benson will get a status update at that time. Tri Town Landing, Youngs Road- No report New England Farms, 134 Leominster Shirley Road- Applicant currently before the Zoning Board of Appeals. ===PAGE 7=== Minutes 6-4-12 Pg 6 PUBLIC COMMENT: David Prokowiew, 733 West Street - requested clarification of Board’s empowe rment under the new Solar Bylaw v ersus Building/Zoning Official’s empowerments. Also i nquired as to why chain link fence v ersus solid fence. Response - climbing plantings will not adhere to a solid fence. Paula Bertram, Select Board member- noted Montachusett Regional Planning Commission’s Third Request for Service Delivery , which provides technical assistance to its 22 communities. Two of the eligible projects are, 1) identification, assessment and mapping of Pr iority Development Area s (PDAs) and Priority Preservation Areas (PPAs) at the local and regional level , and 2) implementation of zoning and permitting changes needed to create predictable permitting of housing or commercial development within areas identified by two or more communities. Ms. Benson noted she has a planned meeting with MRPC. MEETING SCHEDULE: June 18- Master Planning Workshop, Ritter Memorial Building June 25- Planning Board Meeting, Ritter Memorial Building MEMBER INFORMATION AND ISSUES: Reorganization- nominations as follows: Chair- Mr. Bodkin Jr., Motion to nominate Mr. Bakaysa, Second, Ms. Bilotta-Simeone Vice Chair- Mr. Bodkin Jr., Motion to nominate Ms. Bilotta-Simeone, Second, Mr. Lockwood Clerk- Ms. Bilotta-Simeone, Motion to nominate Mr. Bodkin Jr., Second, Mr. Lockwood MRPC Representative- Ms. Bilotta-Simeone, Motion to nominate Mr. Bodkin Jr., Second, Mr. Lockwood MJTC Representative- Tabled to next Board meeting as Mr. Saiia, current representative, not in attendance. School Building Committee- Ms. Bilotta-Simeone, Motion to nominate Mr. Lockwood, Second, Mr. Bodkin Jr. All above nominations passed. ADJOURNMENT: Motion, Mr. Bakaysa, Second, Ms. Bilotta-Simeone, Motion passed. Adjourned 8:25 PM. Minutes/2012/06.04.12 ======================================================================================== DOCUMENT : 2012-06-13-agenda-3661.txt BOARD : planning-board DATE : 2012-06-13 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2012-06-13-agenda-3661.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_06132012-3661 ======================================================================================== ===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 Wednesday, June 13, 2012 – 6:00 PM Ritter Memorial Building, 960 Massachusetts Avenue Lunenburg, MA AGENDA 1. ROLL CALL 2. APPOINTMENT: Town Counsel regarding EPG Solar, Development Plan Review (Executive Session if necessary) 3. APPROVAL: ANR, Alice Heikkila, 651 Chase Road, Whitman & Bingham Associates, LLC 4. ADJOURNMENT Agenda/2012/06.13.12 ======================================================================================== DOCUMENT : 2012-06-13-minutes-3661.txt BOARD : planning-board DATE : 2012-06-13 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2012-06-13-minutes-3661.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_06132012-3661 ======================================================================================== ===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 June 13, 2012 Meeting Posted: Yes Place: Ritter Memorial Building, 960 Massachusetts Avenue, Lunenburg, MA 01462 Time: 6:00 PM Present: Emerick R. Bakaysa, Joanna L. Bilotta -Simeone, Thomas W. Bodkin Jr. Robert J. Saiia, Nathan J. Lockwood, Marion M. Benson Also present: Joel Bard, Town Counsel EPG Solar Development Plan Review- Attorney Bard was present to discuss how the solar process changed with the new solar bylaw that was voted at May 2012 Town Meeting. He talked about EPG Solar as the Board is wrapping up the DPR (Development Plan Review), but he wanted to make it clear to the citizens that he was talking about it procedurally. The point of the Board meeting was to talk p rocedurally/legally the effect of the bylaw change. EPG filed for DPR with the Board. Discussion was then held regarding the zoning bylaw in effect at that time that governed solar facilities in Lunenburg. Attorney Bard gave the opinion that the existing Solar Bylaw only created performance standards and did not regulate solar usage. Ch. 40A Section 3 states that you cannot prohibit usage. He noted that Lunenburg’s Solar Bylaw stated any use not permitted was prohibited. Under Ch. 40A Section 3 there would be a problem as this would essentially mean they could locate anywhere in Town. May 5, 2012 Town Meeting voted to adopt the new Solar B ylaw. Prior to that Town Meeting, the property owner filed an ANR Plan which the Board endorsed. The effect of t hat was to freeze the zoning under the subdivision control law. The Zoning Act states that a plan that is endorsed – the land shown on such plan is entitled to protection of use as those uses that are permitted at that time u nder the Zoning Bylaw. The property owner could make the argument that use was allowed anywhere in Lunenburg. With the passage o f the new Solar Bylaw, other than the three sites listed in that Bylaw, any other site must have at least 20 acres, and obtain a special permit. Lunenburg is currently awaiting approval of the Solar Bylaw from the Attorney General’s Office. Once a zoning bylaw is passed at Town Meeting, it becomes immediately effective. The Attorney General may disapprove at some p oint, and if so, it will be retroactive to Town Meeting. As the Applicant has not withdrawn its application, Attorney Bard advise d the Board to act on the DPR. The review would be under the old Solar Bylaw. Attorney Bard advise d the Board to note in its Determination that this is reviewed u nder the old Bylaw, but also note there is a new Bylaw in effect, note the dimensional regulations that apply, and that those will be reviewed through the special permit process. When an ANR Plan receives Planning Board endorsement, the “use” of the land shown on the plan is protected for three years from the date of the endorsement. The use was allowed as-of-right. It now requires a special permit. Attorney Bard’s opinion is the Applicant does not need a special permit for the use, but procedurally he advises they be required to file a special permit. If EPG applies for a special permit, the issue that will be significant will be the application of the 200 foot setback requirement under the new Bylaw. The Applicant may say that is not reasonable for t he Board to apply that requirement as it will nullify the use. Ch. 40A Section 3 states that you cannot unreasonably prohibit or regulate. The decision the Planning Board has to make is, 1) is the application of the 200 foot requirement reasonable under Ch. 40A Section 3, and 2) if the Board applies the 200 foot setback, is that having the effect of nullifying the use. ===PAGE 2=== Minutes 6-13-12 Page 2 Attorney Bard reiterated that it is important to state in the Determination that the DPR is under the old Sola r Bylaw and that the Board believes the Applicant must return and apply for a special permit under the new Solar Bylaw. His opinion is there is no right of appeal from the DPR decision. The DPR is a precursor to a building permit. If a building permit i s denied, then the Applicant can appeal the denial to the Zoning Board of Appeals on the grounds there was no right to have denied them because they don’t have to get a special permit. Attorney Bard’s opinion is that if the Special Permit is granted as the use is allowed, and the Board is willing to waive the 200 foot setback, the D etermination could state that based on the language of Ch. 40A Section 3 that states they cannot unreasonably regulate, the Board finds it would be unreasonable to impose the 200 foot requirement, therefore allowing, e.g., 100 feet. Mr. Bakaysa was of the opinion that there were three elements to consider -  THE DEVELOPER’S RIGHT TO DEVELOP UNDER THE AS-OF-RIGHT BYLAW  PROTECTING THE NEIGHBORHOOD  FOR THE TOWN - AN ANNUITY STREAM OF REVENUE FROM THE PROJECT WHICH IS GOOD FOR THE OVERALL COMMUNITY The Reviewing Engineer and the Applicant need to determine a reasonable scope of work for a plan that does not unreasonably regulate/prohibit the project. Attorney Bard – The DPR cannot be converted to a special permit. The DPR process can be suspended and the Applicant apply for a special permit. The new buffers/setbacks have to go through a special permit process. Jason Talerman, Esq., Blatman, Bobrowski & Mead, LLC, attorney fo r EPG Solar- Would like to see the DPR process brought to completion. Working closely with EPG on an accelerated schedule - would recommend to EPG to immediately apply for a special permit. EPG willing to have discussion on Board concerns. Ms. Bilotta-Simeone expressed concern over waiving the 200 foot setbacks. Of paramount importance to Mr. Bakaysa were concessions to abutting neighbors. He inquired of Attorney Bard if a Directive is needed requiring EPG to return for a special permit. Attorney Bard – no. Mr. Lockwood inquired if approving the current Determination under the old Solar Bylaw, would compromise the Board’s position. Attorney Bard noted there will be a new set of ground-rules under a special permit. Citizens present had various concerns. Attorney Bard clarified to a citizen that to be locked into the old bylaw it would have been necessary for the Applicant to have a building permit approval prior to the Board’s newspaper publishing of the Public Hearing for the bylaw change. Attorney Bard noted that under the ANR endorsement, the use cannot be denied. Once the Board has reviewed new plans submitted under a special permit, if the Board choses to adhere to the 200 foot setback and the applicant states they cannot build the project due to such, then the burden is on the applicant to demonstrate why their project is no longer feasible. Citizen concerned that Determination may not state what Board is looking for, e.g., moving the project away from the neighborhood. Guidance needs to be incorporated into the Determination to give the Applicant the data they need to come back under a special permit. Ms. Benson noted that she has received requests from EPG Solar for a copy of the draft DPR. Attorney Bard responded that it can be released. Mr. Bakaysa wanted to make clear to the audience that the economic feasibility for a developer is not a concern to the Planning Board. The Board looks at a plan for its compliance with the bylaw. ANR- Alice Heikkila, 651 Chase Road- Motion to endorse Plan, Ms. Bilotta-Simeone, Second, Mr. Bodkin Jr., Motion passed. ADJOURNMENT: 8:30 PM. Minutes/2012/06.13.12 ======================================================================================== DOCUMENT : 2012-06-18-agenda-3662.txt BOARD : planning-board DATE : 2012-06-18 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2012-06-18-agenda-3662.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_06182012-3662 ======================================================================================== ===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, June 18, 2012 – 6:30 PM Ritter Memorial Building, 960 Massachusetts Avenue Lunenburg, MA AGENDA Roll Call Minutes – Approval 3-30-11 Workshop 9-19-11 Workshop 5-21-12 Workshop Master Planning Workshop with MRPC Procedure Planning Center Planning Adjournment Agenda/2012/06.18.12 MP workshop ======================================================================================== DOCUMENT : 2012-06-25-agenda-3663.txt BOARD : planning-board DATE : 2012-06-25 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2012-06-25-agenda-3663.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_06252012-3663 ======================================================================================== ===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, June 25, 2012 – 6:30 PM Ritter Memorial Building, 960 Massachusetts Avenue Lunenburg, MA AGENDA 1. ROLL CALL 2. APPROVALS: Minutes – 6-4-12, 6-13-12 3. APPOINTMENTS: 6:45 PM- ANR, Joseph Russo, 357 Electric Avenue, Whitman & Bingham Associates LLC 7:00 PM- MRPC, District Local Technical Assistance Program/Master Planning 4. NOTICES & COMMUNICATIONS: 5. COMMITTEE REPORTS: MJTC MRPC School Reconfiguration Committee 6. PLANNING DIRECTOR’S REPORTS/NEW BUSINESS: Highfield Village, Northfield Road 7. OLD BUSINESS: 8:00 PM- EPG Solar, 265 Pleasant Street- Development Plan Review under previous Zoning Bylaw Section 6.6. 8. DEVELOPMENT STATUS REPORTS: Asian Imperial, 5 Electric Avenue Emerald Place at Lake Whalom, 10 Lakefront Ave Tri Town Landing, Youngs Road New England Farms, 134 Leominster Shirley Road 9. 8:30 PM- EPG Solar, 265 Pleasant Street- project presentation to Board 10. MEETING SCHEDULE:  July 9 – Planning Board Meeting, Town Hall  July 16 – Public Hearing, EPG Solar, Town Hall  July 23 – Planning Board Meeting, Ritter 11. MEMBER INFORMATION & ISSUES: Board Reorganization – MJTC Representative 12. DATA INFORMATION 13. BOARD COMMENT 14. PUBLIC COMMENT 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/2012/06.25.12 ======================================================================================== DOCUMENT : 2012-06-25-minutes-3663.txt BOARD : planning-board DATE : 2012-06-25 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2012-06-25-minutes-3663.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_06252012-3663 ======================================================================================== ===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 June 25, 2012 Meeting Posted: Yes Place: Ritter Memorial Building, 960 Massachusetts Avenue, Lunenburg, MA 01462 Time: 6:30 PM Present: Emerick R. Bakaysa, Joanna L. Bilotta-Simeone, Thomas W. Bodkin Jr. Nathan J. Lockwood, Marion M. Benson Absent: Robert J. Saiia APPROVAL- Minutes: Motion to approve minutes of June 4, 2012 and June 13, 2012 , Ms. Bilotta -Simeone, Second, Mr. Bodkin Jr., minutes signed. NOTICES & COMMUNICATIONS: Director noted the following: Town Hall and Ritter Memorial Building will be closed from July 2 nd through July 6th. Department of Public Safety Memorandum on Preemption of Municipal Action Board of Selectmen adopted Remote Participation Policy Annual Update of Chapter 40R Smart Growth Zoning District submitted to State COMMITTEE REPORTS: MJTC- Mr. Saiia not present to report MRPC- Next meeting scheduled for June 26th. School Reconfiguration Committee- No report PLANNING DIRECTOR’S REPORT/NEW BUSINESS: Highfield Village, Northfield Road - Current Extension to expire June 30, 2012. Office in receipt of extension request to December 1, 2012. Ms. Bilotta-Simeone, Motion, to extend to December 31, 2012, Second, Mr. Bodkin Jr. Motion passed. DEVELOPMENT STATUS REPORTS: Asian Imperial, 5 Electric Avenue - Applicant has hired a construction company. Water test done on site. Sewer Commission has advised applicant of peer review cost for proposed grease trap. Emerald Place at Lake Whalom, 10 Lakefront Avenue - Meeting held with Ms. Benson and principals. The following items were discussed: Relocation of a villa, installation of trash compactor, and installation of dog park area. Plans in final s tage for a “professional park” on the commercial parcel. Ms. Bilotta-Simeone raised concern of an abundance of police calls for Emerald Place; Ms. Benson responded that Chief Bourgeois noted via electronic mail that “Emerald Place does not have an issue with an overabundance of police calls”. Mr. Bakaysa inquired as to status of “over-55”. Ms. Benson to inquire. Tri Town Landing, Youngs Road - Plan has been submitted for Building 3. Plan has been reviewed by Marsden Engineering and okayed for construction. New England Farms- Awaiting Zoning Board of Appeals signage report. APPOINTMENTS: ANR, 357 Electric Avenue- Plan presented by Whitman & Bingham Associates. Location is the old Whalom Drive In. Sewer is available as a result of Sewer Commission rezoning within Sewer District at May 2011 Town Meeting. Site wi ll be “mixed use” (mall, storage facility, professional office). Original permit, which was for the site as a storage facility, cannot be util ized as plan has changed. Plan accepted for review. ===PAGE 2=== Minutes 6-25-12 Page 2 MRPC, District Local Technical As sistance Program (DLTA)/Master Planning - Glenn Eaton, Executive Director and John Hume, Planning and Development Director were present to discuss the DLTA program funded by the Commonwealth of Massachusetts. MRPC receives fund to provide technical assista nce to communities at no cost to the community. MRPC could work with the Board to review Priority Development Areas (PDA’s) and Priority Preservation Areas (PPA’s) within the Town. Th is would provide a solid foundation for future master planning efforts. MRPC has sent Lunenburg’s application to DHCD. If approved, then MRPC would work on a scope of services with the community. MEETING SCHEDULE: July 9th, Board meeting, Town Hall July 16th, Public Hearing, EPG Solar, Town Hall July 23rd, Board meeting, Ritter Memorial Building EPG Solar, 265 Pleasant Street - Development Plan Review (DPR) under previous Zoning Bylaw Section 6.6. - The DPR was read into record at the June 4th Board meeting. At this meeting Mr. Bakaysa read into record the changes since that date. Page 1- This application for Development Plan Review (DPR) was submitted and reviewed under the applicable provisions of the Zoning B ylaw existing at the time of its filing on November 29, 2011. NOTE: Subsequent to that filing, the Zoning Bylaw was amended by Town Meeting on May 5, 2012 to include new provisions applicable to all solar energy facilities, including this proposed facility. Among other things, these provisions require a special permit fro m the Planning Board for all large -scale gr ound-mounted solar energy facilities proposed to be located outside of the Solar Overlay District. As EPG Solar LLC’s proposed solar farm is not located within the Solar Overlay District it requires a special permit. Accordingly, notwithstanding this DPR approval, no building permit may issue unless and until the applicant applies for and obtains a special permit. Page 11- NOTE: This submittal was reviewed in accordance with the applicable provisions of the Zoning Bylaw at the time of its filing . A new Solar Bylaw, Section 4.15. was presented and passed at the Annual Town Meeting on May 5, 2012. THE APPLICANT SHALL APPLY FOR A SPE CIAL PERMIT AND shall be required to adhere to the requirements of the Bylaw as written in Section 4.15. The new submittal shall be made under the Special Permitting Process and presented to the Planning Board for its review and consideration and no building permit sh all be issued unless and until said special permit has been issued. Motion, Ms. Bilotta-Simeone, to approve th e Development Plan Review for EPG Solar as submitted, Second, Mr. Bodkin Jr., roll call vote- Mr. Lockwood, aye; Mr. Bodkin Jr., aye; Ms. Bilotta-Simeone, aye; Mr. Bakaysa, aye. MEMBER ISSUES: Board members requested Ms. Benson pursue the implementatio n of lunenburgonline.com e-mail addresses for each of them through the Tech Director and the Town Manager. Board Reorganization – MJTC Representative – Tabled - Mr. Saiia not present. APPOINTMENT: EPG Solar, 265 Pleasant Street - Special Permit applica tion presented to Board . Application presented by principals Mr. Borkowski and Mr. Babcock. Public Hearing scheduled for July 16, 2012. Application will be reviewed under the new Solar Bylaw. Use of the property is protected under an ANR that the Board endorsed February 13, 2012. Project size has been reduced by approximately two -thirds. Under the wholesale model the size of the project would not be reduced because it would not make economic sense to the Applicant. Under a retail model with net metering, the Applicant can make it much smaller and renewable energy credits will go to Lunenburg amounting to approximately $100,000/yearly in electrical savings. There are a limited number of net meter credits available, and if the Applicant doesn’t secure them in time, they will go back to the wholesale model. Setbacks are between 125 feet and 250 feet. Screening and landscaping has been en hanced from original proposal. PUBLIC COMMENT: Citizens in attendance urged the Board to stay with the 200 foot setbacks. ADJOURNMENT: 8:45 PM. Minutes/2012/06.25.12 ======================================================================================== DOCUMENT : 2012-07-09-agenda-3664.txt BOARD : planning-board DATE : 2012-07-09 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2012-07-09-agenda-3664.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_07092012-3664 ======================================================================================== ===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, July 9, 2012 – 6:30 PM Town Hall, 17 Main Street Lunenburg, MA AGENDA 1. ROLL CALL 2. APPROVALS: Minutes – 6-25-12 3. NOTICES & COMMUNICATIONS: 4. COMMITTEE REPORTS: MJTC MRPC School Reconfiguration Committee 5. PLANNING DIRECTOR’S REPORTS/NEW BUSINESS: Performance Trans., Inc., Leominster Shirley Road 790 Massachusetts Avenue 6. OLD BUSINESS: Board signature - EPG Solar, 265 Pleasant Street- Development Plan Review under previous Zoning Bylaw Section 6.6. 7. DEVELOPMENT STATUS REPORTS: Asian Imperial, 5 Electric Avenue Emerald Place at Lake Whalom, 10 Lakefront Ave Tri Town Landing, Youngs Road New England Farms, 134 Leominster Shirley Road 8. MEETING SCHEDULE:  July 16 – Public Hearing, EPG Solar, Town Hall  July 23 – Planning Board Meeting, Ritter Memorial Building 9. MEMBER INFORMATION & ISSUES: Board Reorganization – MJTC Representative 10. DATA INFORMATION 11. BOARD COMMENT 12. PUBLIC COMMENT 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/2012/07.09.12 ======================================================================================== DOCUMENT : 2012-07-09-minutes-3664.txt BOARD : planning-board DATE : 2012-07-09 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2012-07-09-minutes-3664.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_07092012-3664 ======================================================================================== ===PAGE 1=== INITIALS _______ _______ _______ _______ _______ 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 July 9, 2012 Meeting Posted: Yes Place: Town Hall, 17 Main Street, Lunenburg, MA 01462 Time: 6:30 PM Present: Emerick R. Bakaysa, Joanna L. Bilotta-Simeone, Thomas W. Bodkin Jr. , Robert J. Saiia, Nathan J. Lockwood, Marion M. Benson APPROVAL- Minutes: Motion to approve minutes of June 25, 2012, Ms. Bilotta-Simeone, Second, Mr. Saiia, minutes signed. NOTICES & COMMUNICATIONS: Director noted Zoning Board of Appeals notice of public hearing for 68 Oak Avenue to add accessory in -law apartment to existing home on a parcel containing 25,656 square feet. COMMITTEE REPORTS: MJTC- No report – next meeting scheduled for July 18th. MRPC- Meeting involved a presentation regarding broadband installation heading west on Route 2A. Mr. Bodkin Jr. noted that if Lunenburg chose to establish a municipal light company entity, it could provide internet access. He suggested Ms. Benson correspond with the Board of Selectmen regarding such and the possibility of developing a zoning bylaw regarding same. Ms. Benson to obtain model bylaws. School Reconfiguration Committee- Interviews in process for project manager position. PLANNING DIRECTOR’S REPORT/NEW BUSINESS: Performance Trans Inc., Leominster Shirley Road - The company is considering purchasing the land and building occupied by Padula Brothers John Deere and is requesting Building Official’s determination if the business is a change of use. 790 Massachusetts Avenue - The zoning of this property is in question. Mr. Rheault, Whitman & Bingham, has researched for the property owner, through Town archives, the Building Department and the Registry of Deeds, and determined th e current Town Zoning Map to be incorrect for 790 Massachusetts Avenue . Whitman & Bingham plans to redraft a plan for the Planning Board, Building Official and the Town Assessor. Ms. Benson noted letter from Michael Sauvageau, Zoning/Building Official also stating there is an error in the Town’s current Zoning Map. Files from both the Building and Planning Departments show the property is located i n both commercial and limited business district s. The current Zoning Map shows the commercial district to be west of the actual location of the district. Mr. Rheault noted an ANR endorsed by the Planning Board in the 1980’s showed the correct zoning, but through map revisions over the years the line became shifted to the left. Mr. Bakaysa would also like this reviewed by the Town. OLD BUSINESS: EPG Solar - Development Plan Review (DPR) signed. The Board voted at its June 25 th meeting to approve the DPR. Mr. Whalen called point of order for clarification as to whether this was an approval of the project or an approval of the Directives. Mr. Bakaysa responded the DPR directs the applicant to come back under the special permitting process. ===PAGE 2=== Minutes 07.09.12 Page 2 DEVELOPMENT STATUS REPORTS: Asian Imperial, 5 Electric Avenue - Project personnel: Pat Slatt ery- project architect; Steve Marsden- to oversee site work ; Pete Pelletier- contractor; Jesse Johnson- reviewing engineer. Ms. Benson noted repor t from Mr. Slattery stating he has visited the site and discussed materials and methods related to footing installation with Mr. Pelletier. The project is proceeding well and all work completed to date is approved. Emerald Place at Lake Whalom, 10 Lakefront Avenue - Ms. Benson responded to a previous inquiry from Mr. Bakaysa as to the over-55 units. All units are currently lease-to-own; none have been sold. Once a unit is sold, that unit can be counted toward the over-55 percentile, if owner qualifies. This cannot be determined until the time of sale. The developer estimates the over -55 percentile will be equal to one and one -half of a multi -level building (this would total approximately 45 units to meet the required percentile). As noted at last Board meeting, then Police Chief Bourgeois stated no over-abundance of police calls for Emerald Place. Noted Whitman & Bingham correspondence summarizing proposed updates to internal layout. Relocation of a villa from the beach area to the main park area , installation of trash compactor, and installation of dog park area. Plans in final stage for a “professional park” on the commercial parcel. Mr. Rheault, Whitman & Bingham presented the proposed changes stating that Emerald Place is marketing itself as a “pet -friendly community”. Fifteen-gallon containers will be located throughout the site with doggie disposal bags available. There will also be a fenced dog park approximately 4,000 square feet with a four -foot high fence. Location of the pet area will be on the Leominster side of the site. Trash containers currently consist of two 10 -yard containers for the entire project which are emptied twice weekly. Since the units are filling with residents, the developers want to install one 35 -yard compactor. The developer anticipates the compactor will be emptied every 2 -3 weeks. Compactor will be fenced. Ms. Benson noted water will be connected to the compactor. Waste management states the noise level is 65 decibels (60 decibels is normal conversation, 80 decibels is a noisy restaurant). Compactor will al so have a misting component to eliminate odor. Recycling component will be located next to the compactor. Developer wants to lessen density on beach parcel in order to provide more recreational area requested by residents. This will involve relocating one duplex to the main Parcel A area. Mr. Bodkin Jr. concerned with relocation creating increased density on main parcel. Motion, Ms. Bilotta-Simeone to accept proposed change of villa relocation, trash compactor, and dog park, as presented, Second, Mr. Lockwood. Discussion ensued- Mr. Bodkin Jr. wanted to view on site. He was of the opinion that it is to the developers’ financial benefit to relocate from the beach to the main parcel. He has concerns that at a future date, the developer will come before the Board with a modification to build a unit on the beach . Mr. Rheault noted that it is to the developers’ disadvantage to relocate to the main parcel, as the unit will be priced less than if it remains located on the beach. This relocation is being done for the benefit of the residents; to provide more recrea tional space. Mr. Bodkin Jr. suggested the possibility of the developer putting a deed restriction on the beach property to eliminate the possibility of a unit being built there in the future. Mr. Rheault stated the developer does not want a deed restriction. Mr. Bodkin Jr. requested discussion be tabled in order to come up wit h specific language which would prohibit the developer, once the unit has been relocated from the beach, adding it back to the beach at a future date without coming before the Board for a modification. Mr. Lockwood withdrew his Second in deference to Mr. Bodkin Jr. desiring the opportunity to view on site. No other Board member would Second the Motion put forth by Ms. Bilotta -Simeone. Also out of respect to Mr. Bodkin Jr. Ms. Bilotta-Simeone amended her Motion to only accept the trash compactor and the dog park, Second, Mr. Saiia, all aye. Tri Town Landing, Youngs Road - Building 3 construction can commence. Water agreement has been made with Fitchburg. Reviewing Engineer notes plans are consistent with approved plans and okay for construction. New England Farms, 134 Leominster Shirley Road - Zoning Board of Appeals (ZBA) has granted a Special Permit for the use of a gasoline station and convenience store and Special Permit for Dimensional Variation for signs. The ZBA wanted the sign size reduced and also felt the number of signs requested to be excessive. ZBA granted the Special Permit with Conditions tha t Sign 3 be eliminated, and Signs 5 & 6 reduced to 18 square feet. (Project #64450, Sheet Number G01.00 on file in ZBA office.) MEETING SCHEDULE: July 16th, Public Hearing, EPG Solar, Town Hall July 23rd, Board Meeting, Ritter Memorial Building MEMBER INFORMATION AND ISSUES: Board Reorganization – MJTC Representative – Motion, Ms. Bilotta -Simeone to reappoint Mr. Saiia, Second, Mr. Bodkin Jr., Motion passed. ADJOURNMENT: Motion, Ms. Bilotta-Simeone, Second, Mr. Saiia, adjourned 8:08 PM. Minutes/2012/07.09.12 ======================================================================================== DOCUMENT : 2012-07-16-agenda-3642.txt BOARD : planning-board DATE : 2012-07-16 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2012-07-16-agenda-3642.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_07162012-3642 ======================================================================================== ===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 Monday, July 16, 2012, 6:30 PM, Joseph Bilotta Meeting Room, Town Hall, 17 Main Street, Lunenburg , MA 01462 to hear and discuss a Special Permit under Section 4.15. and a Development Plan Review under Section 8.4., Protective Bylaw of the Town of Lunenburg for construction of a solar energy facility at 265 Pleasant Street (part of Map 077, Parcel 0014). Applicant is EPG Solar, 5425 Wisconsin Avenue, Suite 600, Chevy Chase, MD 20815. Owner is Twin City Baptist Temple Inc., 194 Electric Avenue, Lunenburg, MA. Materials are available for viewing at the Planning Office, 960 Massachusetts Avenue, Lunenburg, MA 01462. Cc: Town Departments Abutting cities/towns ======================================================================================== DOCUMENT : 2012-07-23-agenda-3665.txt BOARD : planning-board DATE : 2012-07-23 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2012-07-23-agenda-3665.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_07232012-3665 ======================================================================================== ===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, July 23, 2012 – 6:30 PM Town Hall, 17 Main Street Lunenburg, MA AGENDA 1. ROLL CALL 2. 6:30 PM- PUBLIC HEARING (Continuation) EPG Solar, 265 Pleasant Street 3. APPOINTMENTS: ANR: 8:00 PM- 340 New West Townsend Road Shirley Steward Life Estate Whitman & Bingham Associates LLC presenting ANR: 8:15 PM- 131 Leo-Shirley Road, Alden Bianchi, Trustee (Padula) 133 Leo-Shirley Road, Padula/Lunenburg, LLC 137 Leo-Shirley Road, Padula/Lunenburg, LLC David E. Ross Associates Inc. presenting 4. APPROVALS: Minutes – 7-9-12 5. ENDORSEMENT: ANR- 357 Electric Avenue, Joseph Russo Whitman & Bingham Associates LLC 6. COMMITTEE REPORTS: MJTC MRPC School Reconfiguration Committee 7. OLD BUSINESS: 790 Massachusetts Avenue 8. PLANNING DIRECTOR’S REPORTS/NEW BUSINESS: DEVELOPMENT STATUS REPORTS- Asian Imperial, 5 Electric Avenue Emerald Place at Lake Whalom, 10 Lakefront Ave Weekly report Moving of villa from beach Tri Town Landing, Youngs Road New England Farms, 134 Leominster Shirley Road 9. MEETING SCHEDULE: August 13 – Board Meeting, Town Hall August 20 – Master Planning Workshop, Ritter Memorial Building August 27 – Board Meeting, Ritter Memorial Building 10. BOARD COMMENT 11. PUBLIC COMMENT 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/2012/07.23.12 ======================================================================================== DOCUMENT : 2012-07-23-agenda-3678.txt BOARD : planning-board DATE : 2012-07-23 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2012-07-23-agenda-3678.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_07232012-3678 ======================================================================================== ===PAGE 1=== Planning Board Meeting: EPG Solar PL_BD_MINUTES_07.23.12_PUBLIC_HEARING_EPG_SOLAR.PDF 1. Documents: ======================================================================================== DOCUMENT : 2012-07-23-minutes-3665.txt BOARD : planning-board DATE : 2012-07-23 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2012-07-23-minutes-3665.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_07232012-3665 ======================================================================================== ===PAGE 1=== INITIALS _______ _______ _______ _______ _______ 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 July 23, 2012 Meeting Posted: Yes Place: Town Hall, 17 Main Street, Lunenburg, MA 01462 Time: 6:30 PM Present: Emerick R. Bakaysa, Joanna L. Bilotta-Simeone, Thomas W. Bodkin Jr., Robert J. Saiia Absent: Nathan J. Lockwood, Marion M. Benson, Planning Director 6:30 PM - PUBLIC HEARING (cont’d), EPG Solar, 265 Pleasant Street - See separate minutes . After th e Hearing closed Attorney Mead inquired as to the Permit vote. A Board meeting will be scheduled for July 30th for the Special Permit. APPOINTMENTS: ANR- 340 New West Townsend Road , Shirley Steward Life Estate - Plan accepted by Board. Will be sent to departments for review. ANR- 131, 133, 137 Leominster -Shirley Road, Alden Bianchi, Trustee, Padula/Lunenburg LLC - Jesse Johnson, David E. Ross Associates, on behalf of the applicant noted Applicant post poning submission. Existing tenant to vacate the si te by November 1, 2012. Possible ANR submission in August. APPROVAL- Minutes: Motion to approve minutes of July 9 , 2012 , Ms. Bilotta -Simeone, Second, Mr. Bodkin Jr., minutes signed. ENDORSEMENT: ANR- 357 Electric Avenue, Joseph Russo- Motion to endorse plan, Ms. Bilotta-Simeone, Second, Mr. Bodkin Jr., all aye, Plan endorsed. COMMITTEE REPORTS: MJTC- Meeting held July 18 th. Officers elected. Unified Planning Work Program in reference to the public participation plan will continue as in the past and allows public involvement on key projects as they progress. Interested citizen are welcome to attend MJTC meetings. MRPC- No report School Reconfiguration Committee- No report. OLD BUSINESS: 790 Massachusetts Avenue - Jesse Johnson, David E. Ross A ssociates confirmed on behalf of the Board that site is a commercially zoned property and the zoning maps should reflect such. ===PAGE 2=== Minutes 07-23-12 Page 2 PLANNING DIRECTOR’S REPORT/NEW BUSINESS: DEVELOPMENT STATUS REPORTS: Asian Imperial, 5 Electric Avenue - Update notes completed foundation viewed prior to backfill, all work proceeding well and approved to date. Emerald Place at Lake Whalom, 10 Lakefront Avenue -. Mr. Bodkin Jr. and Mr. Saiia noted displeasure as to the increase of density on the main parce l by the relocating of a unit from the beach. Mr. Bakaysa and Ms. Bilotta -Simeone were of the opinion that this relocation is to the benefit of the residents. Motion, Ms. Bilotta-Simeone to accept proposed change of villa relocation, Second, Mr. Saiia, R oll Call vote, Mr. Saiia, aye; Mr. Bodkin Jr., nay; Ms. Bilotta -Simeone, aye; Mr. Bakaysa, aye. Motion passed 3-1. Tri Town Landing, Youngs Road- Building 3 approved for construction. Tech meetings to be planned. New England Farms, 134 Leominster Shirley Road- Applicant to go to Building Official for permit. Site work will be monitored by David E. Ross Associates. The Building Official will monitor building, electrical, sewer and water. MEETING SCHEDULE: July 30th – Board Meeting to be held in anticipation of voting on the EPG Special Permit, Town Hall, EPG Special Permit August 13th – Board Meeting will not be held due to limited availability of Board members August 20th – Master Planning workshop will not be held due to limited availability of Board m embers. August 27th – Board Meeting, Ritter Memorial Building ADJOURNMENT: Motion, Mr. Saiia, Second, Ms. Bilotta-Simeone, adjourned 7:45 PM. Minutes/2012/07.23.12 ======================================================================================== DOCUMENT : 2012-07-30-agenda-3666.txt BOARD : planning-board DATE : 2012-07-30 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2012-07-30-agenda-3666.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_07302012-3666 ======================================================================================== ===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, July 30, 2012 – 6:30 PM Town Hall, 17 Main Street Lunenburg, MA AGENDA ROLL CALL SPECIAL PERMIT- EPG SOLAR, 265 PLEASANT STREET ADJOURNMENT Agenda/2012/07.30.12 ======================================================================================== DOCUMENT : 2012-07-30-minutes-3666.txt BOARD : planning-board DATE : 2012-07-30 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2012-07-30-minutes-3666.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_07302012-3666 ======================================================================================== ===PAGE 1=== INITIALS _______ _______ _______ _______ _______ 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 July 30, 2012 Meeting Posted: Yes Place: Town Hall, 17 Main Street, Lunenburg, MA 01462 Time: 6:30 PM Present: Emerick R. Bakaysa, Joanna L. Bilotta-Simeone, Thomas W. Bodkin Jr., Nathan J. Lockwood, Absent: Nathan J. Lockwood, Marion M. Benson SPECIAL PERMIT- EPG Solar, 265 Pleasant Street - As the Procedural History portion of the Special Permit was previ ously covered in the Development Plan Review (DPR), Mr. Bakaysa read into record only the Cover Sheet, Findings and Directives. This special permit approval follows the Applicant’s application for Development Plan Review (“DPR”) submitted and reviewed under the applicable provisions of the Zoning Bylaw existing at the time of its filing on November 29, 2011. The Planning Board approved that application by written decision issued on June 13, 2012, and, in its decision, noted that subsequent to EPG’s Nove mber 29, 2011 application, the Zoning Bylaw was amended by Town Meeting on May 5, 2012 to include new provisions applicable to all solar energy facilities (Section 4.15 Solar Energy Systems), including this proposed facility. Among other things, those provisions require a special permit from the Planning Board for all large -scale ground-mounted solar energy facilities proposed to be located outside of the Solar Overlay District. As EPG Solar LLC’s proposed solar facility is not located within the Solar Ov erlay District it requires a special permit. In accordance with those requirements, the Applicant subsequently filed an application for a special permit, which, as set forth herein, the Planning Board hereby grants. II. FINDINGS UNDER SECTION 4.15.4.3 OF THE ZONING BYLAW 1. Section 4.15.4.3 of the Zoning Bylaw states: Except where permitted as-of-right in the Solar Overlay District, Large -Scale Ground-Mounted Solar Photovoltaic Installations may be located on any lot containing more than 20 acres i n any district by special permit issued by the Planning Board, provided however, that the requirements of Section 4.15 and the following criteria are met. 1. Standards: In granting the special permit, the Planning Board shall find that the permit may be g ranted without substantial detriment to the public good and without nullifying or substantially derogating from the intent and purpose of this bylaw, and shall find that: o the specific site is an appropriate location for such an installation; o the proposed installation will not adversely affect the existing neighborhood; o the granting of the special permit will not reasonably diminish the available light, air, sunlight and other amenities, and; o there will be no nuisance or serious hazard to vehicles or pedestrians. ===PAGE 2=== Minutes 07-30-12 Page 2 2. Conditions: The Planning Board may impose any conditions deemed necessary to achieve the purpose of this Bylaw, such as, but not limited to, the following: o greater than minimum setback requirements; o modification of exterior appearance; o limitation of size or extent of facilities; o regulation of traffic and site plan features; o screening of premises from view by use of appropriate walls, fencing or buffer strips; o control of the number, location, size and lighting of signs; o additional design and siting modifications where appropriate. 2. The Board finds that the project complies with Section 4.15.4.2 of the Zoning Bylaw. Specifically, the Board finds that: A. The proposed project site is not within the Solar Overlay Dis trict. It does, however, contain over 20 acres and is, therefore, eligible for a special permit. B. As the proposed project site is within a residential zoning district and abuts other lots within the residential zoning district, a 200 foot buffer strip a nd 200 set back is required. The plan, as presently proposed and as approved by the Planning Board herein, complies with these design/dimensional standards. C. The granting of a special permit for this project would not be a substantial detriment to the p ublic good nor would it nullify or substantially derogate from the intent and purpose of the Zoning Bylaw. The project makes use of approximately 5.3 acres of the entire 47.2 acre site leaving substantial areas of undisturbed open space, vegetation and screening from abutting parcels and roadways. D. The site is an appropriate location for a solar facility in that it can accommodate both a solar facility of adequate size so as to be of value to the Applicant and accommodate adequate screening and set bac ks from adjacent properties so as to minimize its impact on adjacent property owners, public ways, and the community generally. E. The proposed installation will not adversely affect the existing neighborhood by affecting the historical significance of the site, scenic vistas, the natural and rural character of the neighborhood, or public safety. As discussed above, much of the site will remain in its natural state or will be landscaped to provide screening and buffering from adjacent properties and ways. Notwithstanding, some arrays may still be visible from certain vantages due to the upsloping topography of the site. Additionally, reasonable steps are proposed to insure that the site is secure, that the Town’s emergency responders are adequately trained and educated and that emergency contact and shut down information is provided to the Town and clearly marked on-site. F. The granting of the special permit will not unreasonably diminish available light, air sunlight or other amenities and there will be no appreciable hazard to vehicles or pedestrians. 3. The Board finds that the project complies with Section 4.15.4.9 of the Zoning Bylaw. Specifically, the Board finds that: A. The project will not be lit. B. Signs will be small and in full compliance with Zoning Regulations. C. Land clearing will be limited as set forth above. D. The proposal complies with all safety requirements. E. A draft O&M plan has been provided and a final plan will be provided as set forth in the Directives below. F. The project has been designed to minimize visual impact. G. The height of the panels will be far less than the permitted 35 foot height limit. H. All roads will be permeable and will minimize impacts. I. The project will comply with all DEP and other regulations concerning hazardous materials. A SPCC plan has been submitted to the Planning Board. J. The facility will comply with 310 CMR 7.10 noise requirements. ===PAGE 3=== Minutes 07-30-12 Page 2 III. DIRECTIVES AND CONDITIONS 49. The Directives and Conditions set forth in the Development Plan Review approval are hereby incorporated herein. 50. The Applicant shall submit a final plan of record consistent with the Overview Plan submitted to the Planning Board on July 23, 2012. 51. The Applicant shall present a procedure for monitoring the solar arrays and all the land in the project to the Building Official/Zoning Officer and the Planning Board for approval. 52. The Applicant shall report to the Planning Board per the attached sheet every Monday morning during construction (see attached). Further, the Applicant shall include in this report any problem during construction that affects/infringes on the neighboring residents’ properties. 53. The Applicant shall cooperate with the Town Reviewing and Monitoring Engineer inspecting the project to ensure construction according to the approved plans. 54. The Applicant shall show that a Storm Water Pollution Prevention Plan and a copy of the Order of Conditions have been filed with the Environmental Protection Agency (EPA) and/or Massachusetts Department of Environmental Protection (DEP) as appropriate. Said plan shall provide schedules and details of the construction. 55. The Applicant shall not make any substantive changes to the plans or scope of work without submitting those changes to the Planning Board for engineering review. 56. The Applicant shall submit to the Planning Board and the Building Official for approval a schedule of construction phasing, stabilization methods, and maximum areas to be unstable at any one time to prevent erosion or drainage issues. 57. The Applicant shall su pply names and other emergency contact information to the Fire Department, Police Department, Planning Board and the Building Official. 58. The Applicant shall notify the Lunenburg Planning Board the date it begins construction and the date it begins use of the facility and when the surveillance cameras are operational. 59. The Applicant shall provide the Lunenburg Planning Board all future information and correspondence regarding the Conservation Commission’s Order of Conditions so the Planning Board will have a complete file on the installation of the Solar Farm. 60. EPG shall file its revised plan and proposal, as herein approved by the Planning Board, with the Conservation Commission and obtain either a new Order of Conditions or Amended Order of Conditions, which ever the Conservation Commission requires, before any building permit may issue. 61. The Applicant shall notify the Planning Board of any problems/changes in the field that warrants an engineer’s inspection as to how the noted problems/changes affect the previously reviewed plan. 62. The Applicant shall review the last Landscaping and Screening Plan to add screening for the complete fence and adjust the plan to include planting details discussed at its July 23, 2012 presentation. 63. The Applicant shall submit an As Built Plan prior to the final inspection. 64. Pursuant to Section 4.15.4.11 of the Zoning Bylaw, if the facility is to be decommissioned, the Applicant and/or Owner shall give notice to the Planning Board of any proposed date of decommissioning and submit plans for its removal. The Applicant and/or owner shall physically remove the installation no more than 150 days after the date of abandonment or the proposed date of decommissioning operations. 65. The Applicant shall present a Performance Guarantee before construction as listed below: A. Insurance in a reasonable amount determined and approved by the Planning Board after consultation, and at the expense of the Applicant, with one or more insurance companies to cover damage from structures and other site liabiliti es. Annual proof of said insurance shall be filed with the Town Treasurer or Accountant. B. An annual maintenance bond shall be posted for the access road and site prior to the initiation of any construction or site preparation. Said amount to be determin ed by the Planning Board and Applicant, if any. C. The Applicant shall post a bond, or other acceptable form of security, with the Town to cover the cost of removal in the event that the applicant and/or owner does not remove the arrays and any accessory structures within six months of the date that the facility ceases to be used. ===PAGE 4=== Minutes 07-30-12 Page 2 66. The Planning Board will notify the Applicant of the date this decision is provided to the Building Official/Zoning Officer. 67. No building permit shall issue until this decision is recorded at the appropriate registry of deeds and proof of recording is provided to the Planning Board. Appeals, if any, shall be filed within twenty (20) days following the filing of this decision with the Town Clerk. Filed with Town Clerk: ___________, 2012 The Board noted l andscaping changes w ill be discussed in the field and will adhere to that discussed at the July 23 rd Public Hearing Continuation. The O&M Agreement will cover plant maintenance and Coir Logs. Motion, Ms. Bilotta -Simeone to approve the Special Permit as submitted by Chair Bakaysa, Second, Mr. Bodkin Jr., Roll Call Vote, Mr. Saiia, aye; Mr. Bodkin Jr., aye; Ms. Bilotta-Simeone, aye; Mr. Bakaysa, aye. Mr. Bakaysa read into record the Certificate of Granting of Special Permit. JULY 30, 2012 THE COMMONWEALTH OF MASSACHUSETTS Certificate of Granting of Special Permit (General Laws Chapter 40A, Section 11) The Planning Board of the Town of Lunenburg hereby certifies that a Special Permit has been granted Section 4.15. To: Twin City Baptist Temple 194 Electric Avenue (Property Owner) Lunenburg, MA 01462 EPG Solar LLC (Applicant) 5425 Wisconsin Avenue, Suite 600 Chevy Chase, MD 20815 Affecting the rights of the present owner with respect to land at 265 Pleasant Street (Map 077, part of Parcel 0014), Lunenburg, MA 01462. And said Planning Board further certifies that the decision attached hereto is a true and correct copy of its decision granti ng said Special Permit, and that copies of said decision, and all plans referred to in the decision, have been filed with the Town Clerk. The Planning Board also calls to the attention of the owner or applicant that General Laws, Chapter 40A, Section 11 (last paragraph) provides that no Special Permit, or any extension, modification or renewal thereof, shall take effect until a copy of the decision bearing the certification of the Town Clerk that twenty days have elapsed after the decision has been filed in t he office of the Town Clerk and no appeal has been filed or that, if such appeal has been filed, that it has been dismissed or denied, is recorded in the Registry of Deeds for the county and district in which the land is located and indexed in the grantor inde x under the name of the o wner of record or is recorded and noted on the owner’s certificate of title. The fee for such recording or registering shall be paid by the owner or applicant. Attorney Mead noted that under Section 14, even if an appeal has been filed, an applicant can construct at their own risk. ADJOURNMENT: Motion, Ms. Bilotta-Simeone, Second, Mr. Bodkin Jr., adjourned 7:00 PM. Minutes/2012/07.30.12 ======================================================================================== DOCUMENT : 2012-08-27-agenda-3667.txt BOARD : planning-board DATE : 2012-08-27 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2012-08-27-agenda-3667.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_08272012-3667 ======================================================================================== ===PAGE 1=== ======================================================================================== DOCUMENT : 2012-08-27-minutes-3667.txt BOARD : planning-board DATE : 2012-08-27 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2012-08-27-minutes-3667.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_08272012-3667 ======================================================================================== ===PAGE 1=== INITIALS _______ _______ _______ _______ _______ 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 August 27, 2012 Meeting Posted: Yes Place: Ritter Memorial Building, 960 Massachusetts Avenue, Lunenburg, MA 01462 Time: 6:30 PM Present: Emerick R. Bakaysa, Joanna L. Bilotta-Simeone, Thomas W. Bodkin Jr., Robert J. Saiia, Nathan J. Lockwood Absent: Marion M. Benson, Planning Director 6:30 PM- INFORMATION MEETING, Dippin’ Donuts, 457 Massachusetts Avenue- See separate minutes. APPROVAL- Minutes: Motion to approve minutes of July 23, 2012, EPG Public Hearing Continuation of July 23, 2012, and minutes of July 30, 2012, Ms. Bilotta-Simeone, Second, Mr. Bodkin Jr., minutes signed. NOTICES & COMMUNICATIONS: Noted Special Town meeting date of September 25, 2012. There are presently two articles; one to approve net metering and one for a PILOT Agreement. Warrant closes September 4th. Noted Town Counsel correspondence with State Attorney General reque sting approval of Article 17, Solar Energy Systems. COMMITTEE REPORTS: MJTC- No report MRPC- Meeting scheduled for August 28th. School Reconfiguration Committee- Project managers being interviewed. PLANNING DIRECTOR’S REPORT/NEW BUSINESS: DEVELOPMENT STATUS REPORTS: Asian Imperial, 5 Electric Avenue - Update notes work progressing. August 18 th report noted n ext step w ould be arrival and placement of roof trusses. Mr. Bakaysa noted that is currently in process. Emerald Place at Lake Whalom, 10 Lakef ront Avenue- Update notes work continues on Villas 40 -54, Great Pond Road. Ms. Bilotta-Simeone had concern as to there being no separation of porch between the two units that share a villa. MEETING SCHEDULE: September 10th- MASS PV1 Public Hearing following by Board Meeting, Town Hall September 17th- Master Planning Workshop, Ritter Memorial Building September 24th- Board Meeting, Ritter Memorial Building MEMBER ISSUES: There was discussion regarding the continuity of land use planning matters in the Director’s absence. Mr. Bakaysa noted Draft Agreement prepared by Glenn Eaton, Executive Director, MRPC, for Planning Board technical assistance to ensure the Board is meeting all regulatory req uirements. Ms. Bilotta -Simeone was concerned with the cost entailed by this, and felt training and support should be provided to current staff. ===PAGE 2=== Minutes 08-27-12 Page 2 APPOINTMENT: MASS PV1, LLC, Chase Road- The Applicant was represented by Attorney Scott Fenton, Bowditch & Dewey. As a result of the new sol ar bylaw passed at May 2012 Town Meeting, the Applicant has downsized its project nearly fifty (50%) percent from 6 Megawatts (MW) to 3.1 MW (approximately 10,000 panels) . The Applicant states t he following: That the proposed layout meets or exceeds setb ack and buffer requirements on all sides. The entire site is impacted by an overhead utility easement. The Revised Site Plan Rendering (on file in the Planning Office), shows an Area A, B, and C. Area A is lo cated within a residential district and meets the requirements of the revised bylaw. Area B is within a residential district and is not being constructed at this time. Area C is within a commercial district and meets the requirements of the revised bylaw. The utility building will be located on Ar ea C. Panels are three (3) feet off the ground, and nine (9) feet high. The inverters will be encased for noise and weather. Applicant will have to appear before the Conservation Commission. Site will be remotely monitored by infrared cameras . Site ma intenance will be low grasses. Applicant complies with stormwater guidelines. Mr. Bakaysa requested a colored rendering of the landscape plan for the September 10 th Public Hearing. Height of proposed evergreens at planting is 6-7 feet. Mr. Whalen, New West Townsend Road, was concerned that panels would be visible from his house due to slope of land. ADJOURNMENT: Motion, Mr. Bodkin Jr., Second, Mr. Saiia, adjourned 7:58 PM. Minutes/2012/08.27.12 ======================================================================================== DOCUMENT : 2012-09-10-agenda-3643.txt BOARD : planning-board DATE : 2012-09-10 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2012-09-10-agenda-3643.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_09102012-3643 ======================================================================================== ===PAGE 1=== ======================================================================================== DOCUMENT : 2012-09-10-agenda-3668.txt BOARD : planning-board DATE : 2012-09-10 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2012-09-10-agenda-3668.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_09102012-3668 ======================================================================================== ===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, September 10, 2012 – 6:30 PM Town Hall, 17 Main Street Lunenburg, MA AGENDA 1. ROLL CALL 2. 6:30 PM- PUBLIC HEARING MASS PV1, LLC, Chase Road 3. 7:30 PM- APPOINTMENT: Aro Estates, Howard Street 4. MINUTES APPROVAL: 8-27-12 8-27-12 Dippin Donuts Information Meeting 5. APPROVAL: Dippin’ Donuts, Development Plan Review 6. NOTICES & COMMUNICATIONS DHCD 40B Seminar NRWA Newsletter 7. COMMITTEE REPORTS: MJTC MRPC School Reconfiguration Committee 8. OLD BUSINESS 9. PLANNING DIRECTOR’S REPORTS/NEW BUSINESS: DEVELOPMENT STATUS REPORTS- Asian Imperial, 5 Electric Avenue Emerald Place at Lake Whalom Tri Town Landing 10. MEETING SCHEDULE: Sep 17 – Master Planning, Ritter Memorial Bldg Sep 24 – Board Meeting, Ritter Memorial Bldg 11. MEMBER ISSUES 12. BOARD COMMENT 13. PUBLIC COMMENT 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/2012/09.10.12 ======================================================================================== DOCUMENT : 2012-09-10-minutes-3643.txt BOARD : planning-board DATE : 2012-09-10 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2012-09-10-minutes-3643.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_09102012-3643 ======================================================================================== ===PAGE 1=== INITIALS _______ _______ _______ _______ _______ 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 Public Hearing MASS PV1, LLC, 651 Chase Road September 10, 2012 Meeting Posted: Yes Time: 6:30 PM Place: Town Hall, 17 Main Street, Lunenburg, MA 01462 Present: Emerick R. Bakaysa, Chair, Joanna L. Bilotta, Vice Chair, Thomas W. Bodkin, Jr., Nathan J. Lockwood Absent: Robert J. Saiia, Marion M. Benson, Planning Director Motion made, Ms. Bilotta-Simeone to open the Public Hearing for MASS PV1, Chase Road, Second, Mr. Bodkin Jr. The Hearing opened with the reading of the legal notice advertised in the Sentinel & Enterprise August 27 and September 3, 2012 . The Public Hearing was to hear and discuss a special permit under Section 4.15. and a d evelopment plan review under Section 8.4. of the Protective Bylaw of the Town of Lunenbur g for construction of a ground-mounted photovoltaic installation at 651 Chase Road. Applicant is MASS PV1, LLC, Plaza 57, 7301 SW 57 th Court, Suite 440, Miami, FL , and was represented by Attorney Scott Fenton, Bowditch & Dewey, Robert Corning, Stantec Planning and Landscape Architecture, and Agustin Abalo, Principal. Property owner is Alice Heikkila, P.O. Box 475, Lunenburg, MA. Attorney Fenton presented on behalf of the Applicant. The project consists of approximately 3.1 Megawatts on around 110 acres of undeveloped land . Thirty (30%) percent of the site is impacted by wetlands and also by a one hundred fifty ( 150’) foot wide electrical easement. The project is located in both commercial and residential zoning districts. It was originally approved by the Planning Board in 2011 for 6 Megawatts. In order to conform to the current Solar Bylaw passed at May 2012 Town Meeting , the project has been downsized to 3.1 Megawatts. Construction period will be four to six months. There will be no perimeter lighting. Inverters will be enclosed for noise reduction and weather protection. Sixty (60%) percent of the site will be left undeveloped. Panels will be three (3’) feet off the ground and nine (9’) feet high. The site will be remotely monitored with cameras mounted on the perimeter fencing pointed inward. The site will be divided into three areas. Area A is located within residential zoning and will have a two hundred ( 200) foot minimum setback at all property lines. A one hundred fifty (150) foot minimum area will be undisturbed along all property lines. T here will be additional buffering in the northern and western corners of the site, adjacent to the three abutting residences. Area B is located within residential zoning and not being developed at this time. Area C is within the commercial district and has a fifty (50) foot buffer where it abuts commercial, and two hundred (200) feet where abutting residential zoning. Attorney Fenton noted that they may have to request a twenty five (25’) foot waiver for buffering in Area A. There will be standard signage on the perimeter fence for emergency notification. Gates will be locked with keys provided to the Lunenburg police and fire departments if requested. Land clearing will be minimized to the extent possible. With existing vegetation and additional buffering by the Applicant, the site will not be visible to abutting residences. Roads will be pervious. No hazardous materials will be stored on site. ===PAGE 2=== Minutes, 09-10-12 Public Hearing, MASS PV1 Page 2 Jesse J ohnson, David E. Ross Associates, Inc . is the reviewing engineer for the Town. His review noted items that he felt needed to b e submitted for a complete submittal, and suggested the Board determine if they needed to be submitted at the present time, prior to construction, or waived. He specifically noted there was no maintenance protocol for drainage infrastructure. He recommended the “pull-over area” have a gravel surface rather than grass as shown. Prop osed grading for the access drive should be modified to direct access road stormwater to the proposed swales. Detention basin design shows eight (8’) foot cuts into the soil. He has concerns with groundwater intrusion at those elevations as this is listed as “C-Soil” which typically indi cates groundwater levels closer to the surface. He recommends testing prior to construction and/or alternative design measures that could mitigate effects of groundwater on the basin. The internal roadway shows four (4”) inches of crushed stone for the top surface. If the road is to be plowed during the winter months, this is not a typical surface treatment . He requested the Applicant verify they want this material and they supplement the crushed stone every spring after plowing operations. No detailed listing of plantings or planting schedule was submitted. He was unable to verify the selected sub - catchment areas due to the smaller scale submitted, and requested a larger scale. The stormwater basins have no wicks or proposed exfiltration and he expects they will clog over time and have standing water up to the outlet inverts; then the basins will not perform as calculated . Drawdown calculations should be provided and a mechanism for draining the basins proposed. Regarding screening and buffering, he noted the Applicant did not need a waiver from the twenty five (25’) foot buffering, per his interpretation of the definition of buffer that the whole area of the buffer does not have to be planted . They have complied with the two hundred (200’) foot setback. Mr. Corning, Stantec, noted the submittal included a drawing showing plant species. In terms of stormwater and drainage design, the issues brought up tonight by the Reviewing Engineer were previously brought forth when they filed their No tice of Intent with the Conservation Commission. They took a conservative approach with soil testing as it is a difficult site to access; they did not want to cut down trees to access the area. As part of the C onservation Commission process, they will do test pits and verify the soil. They will make drainage modifications based on the soil they find. They will have to go through all drainage calculations before the Conservation Commission. John Whalen, 526 West Townsend Road - presented to the Board a citizen petition (attached) urging the Board to strictly adhere to the Solar Bylaw. He also noted the proposed trees were five (5’) foot. Attorney Fenton responded they are doing five to seven (5-7’) foot but will do eight (8’) foot trees if the Board desired. Mr. Whalen inquired as to the difference between d etention and retention basins. Mr. Corning noted they are detention basins and will detain water in a large storm event and eventually drain out. Baron Bowser, 512 Wes t Townsend Rd- read a statement noting that he feels his rights are being violated by a solar field going on residential land. He feels his security is being jeopardized by this project. He has not received enough detailed information t o convince him there will be no health issues in the future from living in close proximity to a solar project. He noted that the Solar Bylaw created Solar Overlay Districts and questioned as to why solar was being built on residential property before utilizing the Overlay District. David Prokowiew, 733 West Street- asked for clarification on definitions of buffers and setbacks. John Whalen presented to the Board a 2004 testimony from the Connecticut Siting Council (attached). Chair Bakaysa asked Reviewing Engineer Jesse Johnson for clarification of setbacks. Mr. Johnson interprets the Solar Bylaw that they are from the property line to the structure, e.g., first array. Buffer definition states it needs to be available for vegetation, but does not specify it has to be continuous or uninterrupted vegetation within the buffer strip. Mr. Lockwood inquired if any risk was posed by detention basins. Mr. Johnson noted that if it is located in a residential area with more accessibility, it would be fenced. That would also be depending on a depth of four ( 4) or more feet and if it will have standing water for any length of time. He felt that these basins would ne ver have more than one (1’) foot of standing water from the bottom of the basin to the invert elevation. There is also a fence surrounding the project. Ms. Bilotta-Simeone noted that as a result of this Hearing, the Directives will note ; 1) eight (8’) foot plantings instead of five (5’) foot and 2) that both retention basins are fenced in or within the perimeter fencing. Chair Bakaysa wants to keep the landscape plan “open” to ensure the Applicant provides adequate buffering to the abutters. If the p lanned two rows of plantings don’t suffice, the Board would expect more planting s. Plantings on berms would also be a possibility for additional height for the benefit of the three abutters to Area C. ===PAGE 3=== Minutes 09-10-12, Public Hearing, MASS PV1 Page 3 Chair Bakaysa recommended to the Board that if the plan, as presented, meets the intent of the byla w, that the Hearing be closed and Findings and Directives prepared. Motion, Mr. Bodkin Jr., to close the Public Hearing, Second, Ms. Bilotta -Simeone, Roll Call Vote, Mr. Lockwood, aye; Mr. Bodkin Jr., aye; Ms. Bilotta-Simeone, aye; Chair Bakaysa, aye. The Public Hearing closed at 7:40 PM. Minutes/public hearings 2012/MASS PV1, 651 Chase Rd. 09.10.12 ======================================================================================== DOCUMENT : 2012-09-10-minutes-3668.txt BOARD : planning-board DATE : 2012-09-10 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2012-09-10-minutes-3668.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_09102012-3668 ======================================================================================== ===PAGE 1=== INITIALS _______ _______ _______ _______ _______ 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 10, 2012 Meeting Posted: Yes Place: Town Hall, 17 Main Street, Lunenburg, MA 01462 Time: 6:30 PM Present: Emerick R. Bakaysa, Joanna L. Bilotta-Simeone, Thomas W. Bodkin Jr., Nathan J. Lockwood Absent: Robert J. Saiia, Marion M. Benson, Planning Director PUBLIC HEARING, MASS PV1, LLC, 651 Chase Road- See separate minutes. APPOINTMENT: Aro Estates, Howard Street- Jamie Rheault, Whitman and Bingham Associates, speaking on behalf of Kevin O’Brien, presented a set of plans to the Board. He will also send a set to Town Counsel. He recommended that the Applicant’s Counsel and Town C ounsel coordinate with each other as to the re -submittal to get the process moving forward. Mr. Bodkin Jr. noted that plans are not typically sent to Town Counsel; there are bylaws in place to govern the process. Mr. Rheault noted they started this process approximat ely two months and that the usual process would be a “submittal meeting” in the Planning Office with Ms. Benson. Due to Ms. Benson’s absence, this was put on hold. Ms. Benson’s earlier recommendation was for Mr. Rheault to bring in a set which would be passed on to Town Counsel. Mr. Bakaysa noted that following this process, the Board will be able to view a set of plans and discuss any issues with Town Counsel prior to the Applicant submitting ten (10) sets of ten (10) subdivisions to the office. The Board requested an overall plan showing the location of all ten subdivisions on one page. APPROVALS- Minutes: Ms. Bilotta-Simeone, Motion to approve minutes of August 27, 2012, and Dippin ’ Donuts Information Meeting August 27, 2012, Second, Mr. Bodkin Jr., Motion passed. Dippin’ Donuts, Development Plan Review: Chair Bakaysa read the below Development Plan Review Findings and Directives into record. FINDINGS: 1. The Lunenburg Planning Board finds that an application for a development plan review was subm itted on August 27, 2012 for 457 Massachusetts Avenue, Map 058, Parcel 0012. 2. The Lunenburg Planning Board finds that the owner of the property is S & S Realty Trust, Diane Wright, c/o Showroom Sammy’s, 455 Massachusetts Avenue, Lunenburg, MA 01462. 3. The Lu nenburg Planning Board finds that the applicant is Paul Karapatsas, d/b/a Dippin’ Donuts, 122 Cross Street, Lunenburg, MA 01462. 4. The Lunenburg Planning Board finds the Development Plan Review is for a donut and coffee shop. 5. The Lunenburg Planning Board finds that the subject land, Map 058, Parcel 0012 is zoned Commercial. 6. The Lunenburg Planning Board finds that the submittal, Proposed Soil Absorption System Plan No. 12 -21 was prepared by Whitman & Bingham Associates, 510 Mechanic Street, Leominster, MA, 01453. 7. The Lunenburg Planning Board finds a Presby Environmental Type Soil Absorption System will be utilized. 8. The Lunenburg Planning Board finds a septic system plan has been submitted to the Board of Health. 9. The Lunenburg Planning Board finds the Applicant has applied to the Conservation Commission for a Determination of Applicability ===PAGE 2=== Minutes 09-10-12 Page 2 10. The Lunenburg Planning Board finds, in the event public sewer is installed on this portion of Massachusetts Avenue, the Applicant would be required to comply with the Lunenburg Grease Trap regulation. 11. The Lunenburg Planning Board finds the Applicant plans to install a grease trap. 12. The Lunenburg Planning Board finds there will be no pavement expansion. 13. The Lunenburg Planning Board finds fifteen (15) parking spaces are requested, one (1) of them being handicapped. 14. The Lunenburg Planning Board finds there will be drive-in service. 15. The Lunenburg Planning Board finds anticipated hours of operation will be 5:00 AM to 10:00 PM, seven (7) days per week. 16. The Lunenburg Planning Board finds there will be an on-site dumpster. 17. The Lunenburg Planning Board finds that Marsden Engineering, Inc., P.O. Box 509, Lunenburg, MA will perform the site inspections for the Town. 18. The Lunenburg Planning Board finds an Information Meeting was held and closed on August 27, 2012. 19. The Lunenburg Planning Board, at the August 27, 2012 Information Meeting, voted to waive a peer review by a 3 -2 vote. DIRECTIVES: 1. The Applicant shall comply with Plan No. 12 -21 Proposed Soil Absorption S ystem prepared by Whitman & Bingham Associates, 510 Mechanic Street, Leominster, MA 01453. 2. The Applicant shall apply for any sign permit through the Building Official. 3. The Applicant shall submit a septic system design to the Board of Health. 4. The Applicant shall apply to the Conservation Commission for a Determination of Applicability. 5. The Applicant shall fill out the Weekly Progress Notification Form (attached) on a weekly basis and submit each Monday to the Planning office. Form may be hand -carried to the Planning Office, sent via facsimile to 978 -582-4353, or electronically to mbenson@lunenburgonline.com. 6. Note: These Directives are subject to periodic review by the permit granting authority (Planning Bo ard), or zoning enforcement officer to ensure compliance with the enumerated conditions. Non -compliance to these conditions may result in revocation of this Approval. Summary Report 1. Will not be injurious or dangerous to the public health or unduly hazar dous because of traffic congestion, danger of fire or explosion or other reasons. 2. Will not have a material adverse effect on the value of land and buildings in the neighborhood or on the amenities of the neighborhood. 3. Will be operated with reasonable regard for order and sightlines, if an open use. 4. Will not produce noise, vibration, smoke, dust, odor, heat or glare observable at the lot lines in amounts clearly detrimental to the normal use of adjacent property. Ms. Bilotta-Simeone, Motion to approve the D evelopment Plan Review Findings and Directives as read, Second, Mr. Bodkin Jr., Motion passed. COMMITTEE REPORTS: MJTC- No report. MRPC- Alternate Rob Bowen attended on behalf of Planning Board representative, Mr. Bodkin Jr. Mr. Bodkin Jr. will provi de report at next Board meeting. School Reconfiguration Committee - Project Manager interviews are tentatively scheduled for beginning October. Mr. Bodkin Jr. recommended that, if possible, the meetings be televised quarterly for the benefit of the citizens. PLANNING DIRECTOR’S REPORT/NEW BUSINESS: DEVELOPMENT STATUS REPORTS: Asian Imperial, 5 Electric Avenue- No report Emerald Place at Lake Whalom, 10 Lakefront Avenue - Weekly progress reports note landscaping will begin around the next villa – 40, 42, 44, 46 Carousel Lane. Tri Town Landing, Youngs Road- Progress reports note footings and half of the building foundation completed. MEETING SCHEDULE: September 17th- Master Planning Workshop, Ritter Memorial Building September 24th- Board Meeting, Ritter Memorial Building ===PAGE 3=== Minutes 09-10-12 Page 3 MEMBER ISSUES: Ms. Bilotta-Simeone, after reading the news article in the Lunenburg Ledger, apologized to Ms. Benson if Ms. Benson misconstrued her intent regarding the discussion that took place at the Augus t 27 th Board meeting, if the intent projected was to replace her as Planning Director. Ms. Bilotta -Simeone’s aim was to ensure that the Administrative Assistant, Ms. Boggio, had the necessary tools to run the office during the absence of Ms. Benson. Chai r Bakaysa agreed that was the intent of the August 27th discussion – that the office would continue to run in the absence of Ms. Benson. ADJOURNMENT: Adjourned 8:30 PM. Minutes/2012/09.10.12 ======================================================================================== DOCUMENT : 2012-09-17-agenda-3669.txt BOARD : planning-board DATE : 2012-09-17 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2012-09-17-agenda-3669.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_09172012-3669 ======================================================================================== ===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, September 17, 2012 – 6:30 PM Ritter Memorial Building, 960 Massachusetts Avenue Lunenburg, MA AGENDA Roll Call Minutes – Approval 6-18-12 Master Planning Workshop Discussion- MRPC DLTA (District Local Technical Assistance) Adjournment ======================================================================================== DOCUMENT : 2012-09-24-agenda-3670.txt BOARD : planning-board DATE : 2012-09-24 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2012-09-24-agenda-3670.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_09242012-3670 ======================================================================================== ===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, September 24, 2012 – 6:30 PM Ritter Memorial Building, 960 Massachusetts Avenue Lunenburg, MA AGENDA 1. ROLL CALL 2. APPOINTMENTS: ANRs- 6:30 PM- Michael Padula, 131, 133, 137 Leominster-Shirley Road, 1501 Lancaster Avenue, David Ross Associates 6:40 PM- Roger & Kimberly Lucier, 59 Easter Brook Road, Hannigan Engineering 3. MINUTES APPROVAL: 9-10-12 9-10-12 MASS PV1 Public Hearing 4. DECISION: MASS PV1, Chase Road, Special Permit 5. COMMITTEE REPORTS: MJTC MRPC School Reconfiguration Committee 6. OLD BUSINESS 7. PLANNING DIRECTOR’S REPORTS/NEW BUSINESS: DEVELOPMENT STATUS REPORTS- Asian Imperial, 5 Electric Avenue Emerald Place at Lake Whalom Tri Town Landing 8. MEETING SCHEDULE: October 8 – NO MEETING - HOLIDAY October 15 – Board Meeting, Ritter Building October 22 – Board Meeting ? 9. MEMBER ISSUES 10. BOARD COMMENT 11. PUBLIC COMMENT 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 ======================================================================================== DOCUMENT : 2012-09-24-minutes-3670.txt BOARD : planning-board DATE : 2012-09-24 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2012-09-24-minutes-3670.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_09242012-3670 ======================================================================================== ===PAGE 1=== INITIALS _______ _______ _______ _______ _______ 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 24, 2012 Meeting Posted: Yes Place: Ritter Memorial Building, 960 Massachusetts Avenue, Lunenburg, MA 01462 Time: 6:30 PM Present: Emerick R. Bakaysa, Joanna L. Bilotta-Simeone, Thomas W. Bodkin Jr., Robert J. Saiia, Nathan J. Lockwood Absent: Marion M. Benson, Planning Director APPOINTMENTS: ANR- 131, 133, 137 Leominster Shirley Road, 1501 Lanc aster Avenue - Plan presented by Jesse Johnson, David Ross Associates. Plan consists of four parcels owned by Padula Brothers. The ANR will combine the four into two by reconfiguring interior lot lines. The ANR will create Lot 3 and Lot 4 consisting of 5 and 14.19 acres respectively. Padula Brothers will continue to own Lot 3 and will sell Lot 4. At this time, Powell Sand and Gravel has expressed an interest in purchasing Lot 4. Plan accepted for review. ANR- 59 Easter Brook R oad- Plan presented by Bovenzi & Donovan on behalf of the Applicant, Easterbrook Nominee Trust. The remaining land of Easterbrook Nominee Trust cons ists of 93± acres. The ANR will create Parcel 5 -1 (13± acres) from the 93 acre parcel, which will be joined with the Lucier property currently consisting of 4.4± acres. Plan accepted for review. APPROVALS- Minutes: Ms. Bilotta-Simeone, Motion to approve minutes of September 10, 2012, and MASS PV1 Public Hearing September 10, 2012, Second, Mr. Bodkin Jr., Motion passed. DECISION: MASS PV1, Chase Road, Special Permit - Chair noted that the Board received a copy of the Decision (attached) in advance of tonight’s meeting and asked for any Board comments. Chair Bakaysa brought particular attention to # 19, 43, and 44 regarding the Conservation Commission. #42 – added “surveillance cameras shall be mounted so as to monitor the interior of the solar project and no cameras shall be pointed in the direction of neighboring properties”. Ms. Bilotta-Simeone had concerns with the interpretation of the definition of 200 foot buffer under 4.15.4.7. Mr. Bodkin Jr. moved that a finding be added that the fence is considered part of the structure. Board members decided that #21 was sufficient. Mr. Bodkin Jr , Motion to ap prove the Special Permit Decision as read, members Ms. Bilotta -Simeone and Mr. Lockwood requested entertaining of comments from the public. Mr. Whalen, referred to #28 B., felt that the project did not comply with 4.15.4.7. Mr. Lockwood, Motion to pas s Findings and Directives for MASS PV1, Ms. Bilotta -Simeone, Second, Roll Call Vote, Mr. Lockwood, aye; Mr. Saiia, aye; Mr. Bodkin Jr., aye; Ms. Bilotta-Simeone, aye; Mr. Bakaysa, aye. ===PAGE 2=== Minutes 09.24.12 Page 2 COMMITTEE REPORTS: MJTC- TIP amendments received. MRPC- No report. School Reconfiguration Committee- Per previous request from Mr. Bodkin Jr. to Mr. Lockwood, Committee held discussion as to keeping the citizens better informed; possible presentations at beginning of School Committee meetings. The Committee is currently reviewing project manager applications. Committee hopes to narrow down to 3 -5 candidates. Interviews projected for first week in October. PLANNING DIRECTOR’S REPORT/NEW BUSINESS: DEVELOPMENT STATUS REPORTS: Asian Imperial, 5 Electric Avenue - Progress reports note windows installed and roo f trim in place. Interior partitions and door openings framed. Rough plumbing and electric in process. All work completed to date is approved. Schedule d for completion late October/early November. Emerald Place at Lake Whalom, 10 Lakefront Avenue- Work continues on villas. 40, 42, 44 and 46 Carousel Lane scheduled to open this week. Tri Town Landing, Youngs Road- Foundation completed. Finishing installation of water line. MEETING SCHEDULE: Due to October 8 th being a holiday, the Board wi ll hold a meeting on October 15th and decide at that time whether or not to hold meetings on October 22nd and/or 29th. Mr. Bodkin Jr. will contact Glenn Eaton, MRPC, for a status update. MEMBER ISSUES: Mr. Lockwood inquired as to Aro Estates submittal sta tus. Mr. Bakaysa responded in hands o f Town Counsel. Ms. Bilotta-Simeone inquired if September 10th was the official submittal date – no, as full submittal was not received. ADJOURNMENT: Motion to adjourn, Ms. Bilotta-Simeone, Second, Mr. Bodkin Jr., Adjourned 7:50 PM. Minutes/2012/09.24.12 ======================================================================================== DOCUMENT : 2012-10-15-agenda-3634.txt BOARD : planning-board DATE : 2012-10-15 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2012-10-15-agenda-3634.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_10152012-3634 ======================================================================================== ===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, October 15, 2012 – 6:30 PM Ritter Memorial Building, 960 Massachusetts Avenue Lunenburg, MA AGENDA 1. ROLL CALL 2. EXECUTIVE SESSION 3. APPOINTMENT: 8:00 PM- Asian Imperial, Kim Chen 4. BOARD ENDORSEMENT: ANR- Easterbrook Nominee Trust, 560 Goodrich Street 5. ARO ESTATES – Waiver Request 6. MINUTES APPROVAL: 9-24-12 7. COMMITTEE REPORTS: MJTC MRPC School Reconfiguration Committee 8. OLD BUSINESS 9. PLANNING DIRECTOR’S REPORTS/NEW BUSINESS: DEVELOPMENT STATUS REPORTS- Asian Imperial, 5 Electric Avenue Emerald Place at Lake Whalom Tri Town Landing, Youngs Road 10. NOTICES & COMMUNICATIONS 11. MEETING SCHEDULE: October 22 – Board Meeting, Ritter November 12 – VETERAN’S DAY - reschedule November 19 – Master Planning Workshop, Ritter 12. MEMBER ISSUES 13. BOARD COMMENT 14. PUBLIC COMMENT 15. ADJOURNMENT Agenda/2012/10.15.12 ======================================================================================== DOCUMENT : 2012-10-15-minutes-3634.txt BOARD : planning-board DATE : 2012-10-15 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2012-10-15-minutes-3634.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_10152012-3634 ======================================================================================== ===PAGE 1=== INITIALS _______ _______ _______ _______ _______ 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 15, 2012 Meeting Posted: Yes Place: Ritter Memorial Building, 960 Massachusetts Avenue, Lunenburg, MA 01462 Time: 6:30 PM Present: Emerick R. Bakaysa, Joanna L. Bilotta-Simeone, Thomas W. Bodkin Jr., Robert J. Saiia, Nathan J. Lockwood Absent: Marion M. Benson EXECUTIVE SESSION: No minutes taken for Executive Session. APPOINTMENT: Asian Imperial - Board reviewed design for Asian Imperial signage. Per Building Official, signage meets the dimensional requirements of the bylaw. Board gave Kim Chen the go-ahead to move forward. BOARD ENDORSEMENT: ANR- Easterbrook Nominee Trust, 560 Goodrich Street - Ms. Bilotta-Simeone, Motion to accept ANR Plan, Second, Mr. Saiia. Plan endorsed by Board. ARO ESTATES, Waiver Request - Kevin O’Brien, O’Brien Homes, is requesting filing fees be waived for Aro Estates 1 through 10 and the original submitted filing f ees from 2009 be utilized. The Planning Board will do more research regarding waiving of fees. Mr. O’Brien requested that Aro Estates 1 through 10 be sent out for review. APPROVALS- Minutes: Ms. Bilotta -Simeone, Motion to approve minutes of September 24, 2012, Second, Mr. Bodkin Jr., Motion passed. COMMITTEE REPORTS: MJTC- Meeting to be held week of 10-15-12. MRPC- Meeting to be held week of 10-15-12. School Reconfiguration Committee - Committee has made its selection of Joslin Lesser and Asso ciates, Inc. as Project Manager and will approach firm with offer. OLD BUSINESS: The 21-day appeal period for MASS PV1 LLC will conclude October 16th. PLANNING DIRECTOR’S REPORT/NEW BUSINESS: DEVELOPMENT STATUS REPORTS: Asian Imperial, 5 Electric Avenue- Construction work continues. Weekly schedules on file in Planning Office. Emerald Place at Lake Whalom, 10 Lakefront Avenue- Weekly report notes seasonal fall cleanup commencing. Tri Town Landing, Youngs Road - Weekly reports note framing commen cing, erection of first floor walls, 2 nd floor deck and finish site grading. NOTICES & COMMUNICATIONS: Noted the following: 1) D epartment of Public Works request for snow plow drivers, 2) October 16th Department of Transportation Information Meeting, 3) Zoning Board of Appeals special permits (on file in Planning Office) for 50 Mass Ave, 429 Electric Avenue , and 201 Arbor Street , 4) building permits issued for 1, 3, and 5 Jacklyn Drive, Whites Woods. MEETING SCHEDULE: To be determined. ADJOURNMENT: Motion to adjourn, Mr. Bodkin Jr. Second, Ms. Bilotta-Simeone, Adjourned 8:27 PM. ===PAGE 2=== Minutes/2012/10.15.12 ======================================================================================== DOCUMENT : 2012-10-23-agenda-3635.txt BOARD : planning-board DATE : 2012-10-23 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2012-10-23-agenda-3635.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_10232012-3635 ======================================================================================== ===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 Tuesday, October 23, 2012 – 8:00 PM Town Hall, 17 Main Street Lunenburg, MA AGENDA EXECUTIVE SESSION with BOARD OF SELECTMEN ======================================================================================== DOCUMENT : 2012-10-23-minutes-3635.txt BOARD : planning-board DATE : 2012-10-23 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2012-10-23-minutes-3635.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_10232012-3635 ======================================================================================== ===PAGE 1=== INITIALS _______ _______ _______ _______ _______ 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 Executive Session October 23, 2012 Meeting Posted: Yes Place: Town Hall, 17 Main Street, Lunenburg, MA Time: 8:00 PM Joint Executive Sess ion with the Board of Selectmen regarding Aro Estates 1 – 10, Kevin O’Brien, O’Brien Homes, developer/applicant. Discussion: Review of Jesse Johnson of David E. Ross Associates initial review noting incomplete submittal. Mr. O’Brien had submittal cover letter date -stamped by Town Clerk, then submittal was delivered to the Planning Office. Aro is still owner of record; private settlement. The new submittal varies little from the 2008 submittal. Does the current submitt al come under the current bylaw change of 80,000 feet or 40,000 feet in place in 2008? Still does not comply with Section 5.6. Mr. O’Brien di d not follow through on the Appeal – did time run out? The Planning Board’s previous vote was to move to litigat ion if the Select Board agrees. Select Board voted to pursue litigation along with the cooperation of Mr. O’Brien’s attorney. Minutes/executive 2012/10.23.12 ======================================================================================== DOCUMENT : 2012-11-13-agenda-3636.txt BOARD : planning-board DATE : 2012-11-13 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2012-11-13-agenda-3636.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_11132012-3636 ======================================================================================== ===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 Tuesday, November 13, 2012 – 6:30 PM Ritter Memorial Building, 960 Massachusetts Avenue Lunenburg, MA AGENDA Right of First Refusal, 137 Leominster-Shirley Road BOARD ENDORSEMENT: ANR- Michael Padula 131, 133, 137 Leominster-Shirley Road 1501 Lancaster Avenue David Ross Associates 7:00 PM- APPOINTMENT: ANR- 994 Northfield Road Applicant- Settlers Crossing Enterprises Inc. Owner- JB & MB Realty Inc. David Ross Associates Agenda/2012/11.13.12 ======================================================================================== DOCUMENT : 2012-11-13-minutes-3636.txt BOARD : planning-board DATE : 2012-11-13 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2012-11-13-minutes-3636.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_11132012-3636 ======================================================================================== ===PAGE 1=== INITIALS _______ _______ _______ _______ _______ 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 13, 2012 Meeting Posted: Yes Place: Ritter Memorial Building, 960 Massachusetts Avenue, Lunenburg, MA 01462 Time: 6:30 PM Present: Emerick R. Bakaysa, Joanna L. Bilotta-Simeone, Thomas W. Bodkin Jr. , Robert J. Saiia, Nathan J. Lockwood, Marion M. Benson Right of First Refusal, 137 Leominster -Shirley Road- Board discussed whether to recommend/not recommend purchasing of the property to the Board of Selectmen. Members inquired as to price of property. Members were of the opinion that without the financial details available they did not have enough information to render a decision. Members also felt they should have a listing of all 61A and 61B properties within the Town, locations of same, and assessed values to familiarize themselves with the properties. Chair Bakaysa called for a vote regarding the property purchase – Roll Call Vote, Ms. Bilott a-Simeone, aye; Mr. Saiia, aye; Mr. Bodkin Jr., aye; Mr. Lockwood, aye; Mr. Bakaysa, aye; to sign letter recommending the Board of Selectmen not accept Right of First Refusal. BOARD ENDORSEMENT: ANR- 131, 133, 137 Leominster -Shirley Road, 1501 Lancaster Avenue- Plan initially submitted to the Planning Board at its September 24, 2012 meeting. During Departments’ reviews, the Board of Health had q uestions. Jesse Johnson of David Ross Associates (firm that prepared ANR Plan) conferred with the Board of Hea lth and necessary items were completed. During Board discussion there were questions because there was no response in writing from the Board of Health, but during the endorsing of the Plan, the paperwork had become misplaced. All paperwork was available for the Board members to review. ANR Plan endorsed by Roll Call Vote, Ms. Bilotta -Simeone, aye; Mr. Saiia, aye; Mr. Bodkin Jr., aye; Mr. Lockwood, aye; Mr. Bakaysa, aye; APPOINTMENT: ANR- 994 Northfield Road - Plan presented by Applicant (William Gustus) , Settlers Crossing Enterprise Inc. Plan divides the golf course property for purposes of financing. Board reviewed Pl an with the Applicant and Michael Martorella of David Ross Associates. Plan accepted for review. Ms. Benson will notify reviewing depa rtments that reviews need to be completed for a signing meeting on Monday, November 19 th. ADJOURNMENT: 7:35 PM. Minutes/2012/11.13.12