# planning-board — 35 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 : 2013-01-14-agenda-3682.txt BOARD : planning-board DATE : 2013-01-14 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2013-01-14-agenda-3682.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_01142013-3682 ======================================================================================== ===PAGE 1=== ======================================================================================== DOCUMENT : 2013-01-14-minutes-3682.txt BOARD : planning-board DATE : 2013-01-14 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2013-01-14-minutes-3682.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_01142013-3682 ======================================================================================== ===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 Nathan J. Lockwood, Mbr. Lunenburg, MA 01462 Marion M. Benson, Planning Director Minutes January 14, 2013 Meeting Posted: Yes Place: Town Hall, 17 Main Street, Lunenburg, MA 01462 Time: 6:30 PM Present: Joanna L. Bilotta-Simeone, Thomas W. Bodkin Jr., Nathan J. Lockwood, Marion M. Benson Absent: Emerick R. Bakaysa ANR: Norman & Pamela Vincent, 20 Fire Road #19, David Ross Associates - Presented by Mike Martorella of David Ross Associates. Parcel A to be conveyed to Dooling property. Plan accepted for review. MINUTES APPROVAL: Mr. Bodkin Jr., Motion to approve 12-10-12 and Executive 10-23-12, Second, Mr. Lockwood. Executive 10-15-12 not approved; to be discussed. COMMITTEE REPORTS: MJTC- Ms. Bilotta-Simeone has replaced Mr. Saiia as Board representative. First meeting for her will be January 16, 2013. MRPC- Next meeting January 15, 2013. School Reconfiguration Committee- Subcommittee formed to work with OPM regarding architect selection. Capital Planning Committee- Committee meeting weekly and will begin prioritizing requests next week . Ms. Benson noted that the new Westminster cruisers will be available for public viewing at the Lunenburg Public Safety Facility on Wednesday, January 16th. OLD BUSINESS: APR (Agricultural Preservation Restriction) Applications- The Town Manager will be reviewing with the Board of Selectmen the applications for Mario Lanni, Lanni Orchards, 294 Chase Road and Daniel & Kathleen M. Pierce, Pierce Farm, 490 Chase Road. PLANNING DIRECTOR’S REPORTS/NEW BUSINESS/DEVELOPMENT STATUS REPORTS: Board Vacancy – Applications- Noted Mr. Saiia’s resignation and that the vacancy will be filled through a joint appointment by the Planning Board and the Board of Selectmen. Applications will be accepted until January 31 st. Four applications received to date. “Interise” Program- Noted information received in the office regarding Interise (non -profit organization) program to assist small businesses. Solar- Noted current status – Board of Se lectmen unable to make any decisions at this time. They are awaiting necessary documents from the developers of both Electric Avenue and Chase Road regarding power -purchase and payment -in-lieu-of- taxes (PILOT) agreements. The Board of Selectmen needs to decide whether or not to pursue the third project, on the Town’s landfill. New England Farms, 134 Leominster Shirley Road - Applicant working with Tennessee Gas (TG) regarding work within its easement. Project may require some minor redesign. ===PAGE 2=== Planning Board minutes 01.14.13 Page 2 Aro Estates, Howard Street - Drainage calculations have been received. Town Counsel has recommended that the reviewing process begin. Ms. Benson noted the Tri Party Account from the previous application of 2008 was closed and monies returned to Mr. O’Brien, the applicant. Administrative fees and review fees are being charged for this new application. The public hearing has been set for Wednesday, January 30 th, Town Hall. Mr. O’Brien noted David Ross Associates letter of December 13, 2012, in which Jesse Johnson notes four items still needed for his office to start reviewing the subdivisions. 1) Drainage calculations, 2) soil testing information, and 3 & 4) any responses from Board of Health and Conservation Commission that confirm accuracy of soil testing and wetland delineation. As Town Counsel has advised the review process start, Mr. O’Brien expects that reviewing engineer Jesse Johnson has all the necessary items. Ms. Benson responded that the Planning Office has recei ved the drainage calculations. She has been informed by the Conservation Commission office they ha ve not received the information noted in the December 13th letter. Board of Health office noted they would speak directly to Mr. O’Brien. Mr. O’Brien noted he had spoken with that office and a Board of Health letter was provided to the Planning Office on November 7, 2012. Mr. O’Brien noted an existing ORAD (Order of Resource Area Delineation) which delineates the wetlands, in place with the Conservation Commission. He is requesting confirmation that David Ross Associates is all set with everything. Mr. O’Brien requested clarification of how the amounts were calculated for the review fees. A tech meeting will be scheduled prior to the public hearing. Mr. O’Brien requested that if each subdivision is reviewed individually, could he get each review as it is received in the Planning Offic e. Ms. Benson does not know if the office will be receiving the reviews individually. Board members inquired as to why th e project engineer and the reviewing engineer are not able to confer directly with each other and requested to examine the policy for peer review with Ms. Benson. Mr. O’Brien noted that he had expected to submit his application in July, but submittal was delayed due to Ms. Benson’s prolonged absence from the office for medical reasons. Mr. O’Brien decided to bring plans before the Board in September. Asian Imperial, 5 Electric Avenue- Snow removal was clarified with the owner. Emerald Place at Lake Whalom- Weekly reports note continuing work on villas on Carousel Lane. Tri Town Landing, Youngs Road- Weekly reports note continuing work on Building 3. Fire inspections are on-going. NOTICES & COMMUNICATIONS: Ms. Benson noted she has received request for FY2014 Planning Office budget from Town Manager. Notices from Conservation Commission and Zoning Board of Appeals on file in Planning Office. MRPC will be presenting at the January 15th Board of Selectmen meeting regarding Priority Development/Preservati on Areas. MEETING SCHEDULE: January 28 – Ritter Building, Board meeting and public hearings for ATT, 9 Chase Road and 2005 Massachusetts Avenue. Public hearing for 35 Leominster Road. January 30 – Town Hall, public hearing for Aro Estates, Howard Street. February 11 – Board meeting, Town Hall February 25 – Board meeting, Ritter Building MEMBER ISSUES: The Board of Selectmen is requesting input from the Planning Board regarding the R ight of First Refusal for Aro property on Howard Street. As this spe cific subject was not included in the Agenda, Mr. Bodkin Jr. felt it could not be discussed at this evening’s meeting. A Planning Board meeting will be scheduled for Thursday, January 17 th for discussion. ADJOURNMENT: 8:00 PM. Minutes/2013/01.14.13 ======================================================================================== DOCUMENT : 2013-01-17-agenda-3683.txt BOARD : planning-board DATE : 2013-01-17 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2013-01-17-agenda-3683.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_01172013-3683 ======================================================================================== ===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 Nathan J. Lockwood, Mbr. Lunenburg, MA 01462 Marion M. Benson, Planning Director NOTICE OF MEETING Thursday, January 17, 2013 – 6:00 PM Ritter Memorial Building, 960 Massachusetts Avenue Lunenburg, MA AGENDA 1. ROLL CALL 2. Aro Property Right of First Refusal, Ch. 61A, Howard Street 3. 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. 4. ADJOURNMENT Agenda/2013/01.17.13 ======================================================================================== DOCUMENT : 2013-01-17-minutes-3683.txt BOARD : planning-board DATE : 2013-01-17 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2013-01-17-minutes-3683.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_01172013-3683 ======================================================================================== ===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 Nathan J. Lockwood, Mbr. Lunenburg, MA 01462 Marion M. Benson, Planning Director Minutes January 17, 2013 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., Nathan J. Lockwood, Marion M. Benson Aro Property Right of First Refusal, Ch. 61A, Howard Street - Town Manager/Board of Selectmen r equested the Planning Board provide comment on whether or not the Town should considered preserving the property through purchase. B oard was requested to look at from a planning perspective; not a financial one. Board discussion ensued . It would be a n addition to the conservation land in th at area of Town and would reinforce the Master Plan. Zoning was changed in the Outlying District from 40,000 square feet to 80,000. This would limit growth in tha t particular area due to the infrastructure. The Board was in support of purchasing the lan d previously and its perspective has not changed. Mr. Bakaysa was of the opinion that if someone wanted to develop that land under the Rules and Regulations Governing the Subdivi sion of Land , would that be a justifiable reason for the Town to acquire the land? Mr. Bodkin Jr. felt the more property that can be maintained as rural is best for the Town. From a planning perspective the Board would not like to see that area developed because of the impact on the infrastructure, service s, the remoteness of the area, and the costs of developing. Mr. Lockwood made Motion to send a letter to the Board of Selectmen recommending purchase of property, Second, Ms. Bilotta- Simeone. Mr. Bakaysa felt the Zoning Bylaws w ould hold fast and that the area will be develop ed u nder the Rules and Regulations Governing the Subdivision of Land. Final Board consensus was in support of giving the citizens the opportunity to vote as to whether or not to purchase the property. A letter will be provided to the Board of Selectmen and the Town Manager stating that the Planning Board recommends the Town acquire the property due to the financial impact on the Town for developing in that area of Town and the impact on Town services and infrastructure. Roll Call Vote , Mr. Lockwood, Ay e; Mr. Bodkin Jr., Aye; Ms. Bilotta -Simeone, Aye; Mr. Bakaysa, Aye. Motion to adjourn Regular Session and enter into Executive Session not to return to Regular, Mr. Bodkin Jr., Second, Mr. Lockwood. Adjournment- Adjourned Regular Session at 6:35 PM. Executive Session- See separate minutes. Minutes/2013/01.17.13 ======================================================================================== DOCUMENT : 2013-01-28-agenda-3684.txt BOARD : planning-board DATE : 2013-01-28 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2013-01-28-agenda-3684.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_01282013-3684 ======================================================================================== ===PAGE 1===                                    ! ! "       #    !  $         %             &  &    '  (   !         ) * +   ,    - .  ! ,  /   !   "   0 ( + 1   " , !  ! 1 ,  2 + - *   )  +   ! +   ! ! 3  ! !  ! 2 4       NOTICE OF MEETING Monday, January 28, 2013 – 6:30 PM Ritter Memorial Building, 960 Massachusetts Avenue Lunenburg, MA AGENDA 1. ROLL CALL 2. PUBLIC HEARINGS: 6:30 PM- 35 Leominster Road 7:00 PM- ATT Mobility, 9 Chase Road 7:15 PM- ATT Mobility, 2005 Massachusetts Avenue 3. APPOINTMENT: 8:00 PM ANR- Heli Kokk, Trustee of Kokk Family Realty Trust, 552 West Townsend Road 4. PLAN ENDORSEMENT ANR- 20 Fire Road #19 5. MINUTES APPROVAL: 10-15-12 Executive 1-14-13 1-17-13 1-17-13 Executive 6. COMMITTEE REPORTS: MJTC MRPC School Reconfiguration Committee Capital Planning Committee 7. OLD BUSINESS: MRPC DLTA Board Vacancy/Applications 8. PLANNING DIRECTOR’S REPORTS/NEW BUSINESS: DEVELOPMENT STATUS REPORTS- Aro Estates, Howard Street Emerald Place at Lake Whalom Tri Town Landing, Youngs Road 9. NOTICES & COMMUNICATIONS 10. MEETING SCHEDULE: January 30 – Public Hearing, Town Hall- Aro Estates, Howard Street February 11 – Town Hall February 25 – Ritter Building 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/2012/01.28.13 ======================================================================================== DOCUMENT : 2013-01-28-agenda-3716.txt BOARD : planning-board DATE : 2013-01-28 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2013-01-28-agenda-3716.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_01282013-3716 ======================================================================================== ===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 Nathan J. Lockwood, Mbr. Lunenburg, MA 01462 Marion M. Benson, Planning Director Town of Lunenburg Public Hearing The Lunenburg Planning Board will hold a Public Hearing on January 28, 2013, 7:00 PM, Ritter Memorial Building, 960 Massachusetts Avenue, Lunenburg, MA 01462. The Public Hea ring will be to hear and discuss a Modification to a Special Permit under Section 4.2., Subsection 4.2.3.3. of the Protective Bylaw of the Town of Lunenburg. The Modification is to add three antennas and place equipment in the existing telecommunications shelter at 9 Chase Road (Map 57, Parcel 33), Lunenburg, MA . Property owner is Lunenburg Water District, P.O Box 375, Lunenburg, MA 01462. Applicant is New Cingular Wireless/ATT Mobility, c/o KJK Wireless, 12 Old Tavern Lane, Sutton, MA 01590. Materials are available for viewing at the Planning Office, 960 Massachusetts Avenue, Lunenburg, MA 01462. ======================================================================================== DOCUMENT : 2013-01-28-agenda-3717.txt BOARD : planning-board DATE : 2013-01-28 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2013-01-28-agenda-3717.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_01282013-3717 ======================================================================================== ===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 Nathan J. Lockwood, Mbr. Lunenburg, MA 01462 Marion M. Benson, Planning Director Town of Lunenburg Public Hearing The Lunenburg Planning Board will hold a Public Hearing on January 28, 2013, 6:30 PM, Ritter Memorial Building, 960 Massachusetts Avenue, Lunenburg, MA 01462. The Public Hear ing will be to hear and discuss a Special Permit under Section 4.2., Subsection 4.2.3.4. of the Protective Bylaw of the Town of Lunenburg. The Special Permit is for 35 Leominster Road (Map 71, Parcel 39) for a saw mill operation and workshop. Owner is Lu nenburg Realty, 13 Brook Street, Wellesley, MA 02482. Applicant is Brian Brown, 35 Leominster Road, Lunenburg, MA 01462. Materials are available for viewing at the Planning Office, 960 Massachusetts Avenue, Lunenburg, MA 01462. ======================================================================================== DOCUMENT : 2013-01-28-agenda-3718.txt BOARD : planning-board DATE : 2013-01-28 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2013-01-28-agenda-3718.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_01282013-3718 ======================================================================================== ===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 Nathan J. Lockwood, Mbr. Lunenburg, MA 01462 Marion M. Benson, Planning Director Town of Lunenburg Public Hearing The Lunenburg Planning Board will hold a Public Hearing on January 28, 2013, 7:15 PM, Ritter Memorial Building, 960 Massachusetts Avenue, Lunenburg, MA 01462. The Public Hea ring will be to hear and discuss a Modification to a Special Permit under Section 4. 6., Subsection 4.6.4.2. of the Protective Bylaw of the Town of Lunenburg. The Modification is to add three antennas and place equipment in the existing telecommunications shelter at 2005 Massachusetts Avenue (Map 66, Parcel 1), Lunenburg, MA . Property o wner is Peter Knox, Trustee, 2005 Massachusetts Avenue, Lunenburg, MA 01462. Applicant is New Cingular Wireless/ATT Mobility, c/o KJK Wireless, 12 Old Tavern Lane, Sutton, MA 01590. Materials are available for viewing at the Planning Office, 960 Massachusetts Avenue, Lunenburg, MA 01462. ======================================================================================== DOCUMENT : 2013-01-30-agenda-3685.txt BOARD : planning-board DATE : 2013-01-30 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2013-01-30-agenda-3685.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_01302013-3685 ======================================================================================== ===PAGE 1===                                    ! ! "       #    !  $         %             &  &    '  (   !         ) * +   ,    - .  ! ,  /   !   "   0 ( + 1   " , !  ! 1 ,  2 + - *   )  +   ! +   ! ! 3  ! !  ! 2 4       NOTICE OF MEETING Wednesday, January 30, 2013 – 6:30 PM Town Hall, 17 Main Street Lunenburg, MA AGENDA 1. ROLL CALL 2. PUBLIC HEARINGS, 6:30 PM and consecutively thereafter Definitive Subdivisions Aro Estates 1 through 10, off Howard Street O’Brien Homes, Inc. 3. BOARD COMMENT 4. PUBLIC COMMENT 5. 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. 6. ADJOURNMENT Agenda/2013/01.30.13 ======================================================================================== DOCUMENT : 2013-01-30-agenda-3719.txt BOARD : planning-board DATE : 2013-01-30 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2013-01-30-agenda-3719.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_01302013-3719 ======================================================================================== ===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 Nathan J. Lockwood, Mbr. Lunenburg, MA 01462 Marion M. Benson, Planning Director PUBLIC HEARING Wednesday, January 30, 2013 – 6:30 PM Town Hall, 17 Main Street Lunenburg, MA AGENDA PUBLIC HEARING Definitive Subdivisions Aro Estates 1 through 10, off Howard Street O’Brien Homes, Inc. Agenda/2013/01.30.13 ======================================================================================== DOCUMENT : 2013-01-30-agenda-3720.txt BOARD : planning-board DATE : 2013-01-30 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2013-01-30-agenda-3720.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_01302013-3720 ======================================================================================== ===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 Nathan J. Lockwood, Mbr. Lunenburg, MA 01462 Marion M. Benson, Planning Director TOWN OF LUNENBURG PUBLIC HEARINGS The Lunenburg Planning Board will hold ten (10) consecutive public hearings on January 30, 2013, beginning at 6:30 PM, at the Lunenburg Town Hall , 1 7 Main Street, Lunenburg, MA 01462 to hear and discuss applications for ten subdivisions totaling 135 lots. Aro Estates 1 (one) containing eighteen lots, Aro Estates 2 (two) containing nineteen lots, Aro Estates 3 (three) containing seventeen lots, Aro Estates 4 (four) containing twenty-one lots, Aro Estates 5 (five) containing twenty lots, Aro Estates 6 (six) containing sixteen lots, Aro Estates 7 (seven) containing five lots, Aro Estates 8 (eight) containing twelve lots, Aro Estates 9 (nine) containing five lots, and Aro Estates 10 (ten) containing two lots. These ten subdivisions are located on the northerly side of Howard Street in the northwest portion of Lunenburg encompassing four parcels . Parcel addresses are 384 Howard Street, Map 17, Parcel 19, owner O’Brien Homes, 18 Cassi mere Street, Andover, MA; 460 Howard Street, Map 6, Parcel 25, owner 460 Howard Street Realty Trust, 18 Cassimere Street, Andover, MA; 318 Howard Street, Map 17, Parcel 20, owners John & Judith Aro, 318 Howard Street, Lunenburg, MA; and 400 Howard Street, Map 6, Parcel 24, owners John & Judith Aro, 318 Howard Street, Lunenburg, MA. Applicant is O’Brien Homes, Inc., 18 Cassimere Street, Andover, MA. Materials are available for viewing at the Planning Board office, 960 Massachusetts Avenue, Lunenburg, MA 01462. Aro estates/public hearings/01.30.13 legal notice ======================================================================================== DOCUMENT : 2013-01-30-minutes-3685.txt BOARD : planning-board DATE : 2013-01-30 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2013-01-30-minutes-3685.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_01302013-3685 ======================================================================================== ===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 Nathan J. Lockwood, Mbr. Lunenburg, MA 01462 Marion M. Benson, Planning Director Minutes Public Hearing Aro Estates, Howard Street January 30, 2013 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 , Marion M. Benson, Planning Director Also Present: Town Counsel, Joel Bard Chair opened the ten consecutive Public Hearings with the reading of the legal notice advertised in the Sentinel & Enterprise January 16 and January 23, 2013 . The Hearings were to hear and discuss applications for ten subdivisions totaling 135 lots. Aro Estates 1 (one) containing eighteen lots, Aro Estates 2 (two) containing nineteen lots, Aro Estates 3 (three) containing seventeen lots, Aro Estates 4 (four) containing twenty -one lots, Aro Estates 5 (five) containing twenty lots, Aro Estates 6 (six) containing sixteen lots, Aro Estates 7 (seven) cont aining five lots, Aro Estates 8 (eight) containing twelve lots, Aro Estates 9 (nine) containing five lots, and Aro Estates 10 (ten) containing two lots. These ten subdivisions are located on the norther ly side of Howard Street in the northwest portion of Lunenburg encompassing four parcels. Parcel addresses are 384 Howard Street, Map 17, Parcel 19, owner O’Brien Homes, 18 Cassimere Street, Andover, MA; 460 Howard Street, Map 6, Parcel 25, owner 460 Howard Street Realty Trust, 18 Cassimere Street, Andover, MA; 318 Howard Street, Map 17, Parcel 20, owners John & Judith Aro, 318 Howard Street, Lunenburg, MA; and 400 Howard Street, Map 6, Parcel 24, owners John & Judith Aro, 318 Howard Street, Lunenburg, MA. Applicant is O’Brien Homes, Inc., 18 Cassimere Stre et, Andover, MA. Representing the applicant/developer Kevin O’Brien, O’Brien Homes, Inc. were Attorney Mark Johnson, 12 Chestnut Street, Andover, MA, Wesley Flis, Whitman & Bingham Associates, project engineer, and Brian Milisci, Principal, Whitman & Bi ngham Associates. Mr. Flis made presentation for Mr. O’Brien. Aro Estates 1 - 18 lots, 24.6 acres . Individual septic systems for each lot. Initial subdivisions showed wells, but it was noted at the January 24 th Tech Meeting that there is now enough water supply in the Town to service the subdivisions. Mr. O’Brien will work with Water District regarding same. Cisterns for fire protection. Hydrants if water brought into subdivisions. Reviewing Engineer for the Town was Jesse Johnson, David Ross Asso ciates. Aro 1 - Comments are general for the whole. Drainage calculations were submitted as a complete set for the ten subdivisions on January 2, 2013 . Reviewed as submitted with 40,000 square foot lots. Reviewed from standpoint of consecutive subdivisions. Can 10 be a subdivision? Does not create frontage. ANR lot? Possibility 5.6. would still apply. Focused review on drainage and public safety. The abutter on left -hand side as access road comes in off Howard Street has their driveway an d yard going up to a stone wall. Stone wall follows along left/west side of road. There could possibly be an adverse possession issue. Could impact access. Does Mr. O’Brien comply with 6.4.3.10. of the Zoning Bylaw (minimum distance from driveway to intersection). ===PAGE 2=== Minutes Public Hearing, Aro Estates, Howard Street January 30, 2013 Page 2 If soil testing is provided to J. Johnson, can be used as review for detention basins. Mr. O’Brien consistent on groundwater levels. Based his drainage calcula tions on full site build -out. J. Johnson had no issue with the manner in which the drainage calculations were compiled. Aro Estates 2 – 24.3 acres, 19 lots. No comments. Mr. O’Brien has no issue conditioning sequence of subdivision building with Board. Traffic Impact Assessment from 2008 being updated as there are now two egress points instead of three. Aro Estates 3 – 17.7 acres, 17 lots. No comments. Aro Estates 4 – 23.9 acres, 21 lots . R equires two wetland crossings, will have second egress o ff Howard Street . ( See 4.), 5.) and 14.) of Whitman & Bingham Associates letter dated January 30, 2013.) Aro Estates 5 – 19.8 acres, 20 lots. No comments. Review was clarified to note that it is based on septics and wells. Aro Estates 6 – 20.5 acres, 16 lots. Waiver will be requested for dead end road . Aro 6 and Aro 7 will not have a connected roadway due to wetlands. J. Johnson recommended with Mr. O’Brien ‘s requesting of a waiver for cul-de-sac length, Board direct questions to p ublic safety depts. Aro Estates 7 – 8 acres, 5 lots. No comments. Aro Estates 8 – 23.4 acres, 12 lots. J. Johnson’s comment is same as above for Aro Estates 6. Aro Estates 9 – 9.6 acres, 5 lots. No comment. Aro Estates 10 – 22.7 acres, 2 lots. J. Johnson feels should be an ANR. Mr. Bakaysa concurs. Has a common driveway – would not be a subdivision. Mr. Flis went through January 30, 2013 Whitman & Bingham letter, which was in response to January 24, 2013 review letter of David Ross Associates. Brought attention to 7.). 4.5.1. states the “Planning Board may require…. ”. At the Tech Meeting, Mr. O’Brien noted he would be willing to work with the Town to provide for parks if the Board sees necessary, but may not be able to provide 10% of eac h subdivision. At the Tech Meeting Mr. O’Brien proposed possibly doing neighborhood common playground area s with easements over properties. J. Johnson has received soil testing info rmation – asked for additional plans that better show existing topography . Looking for relative to drainage- level of groundwater, potential for ledge, how that might affect construction. Groundwater concern is if you have shallow groundwater you would not want basins constructed in groundwater as it would potentially be infiltrating groundwater and not have space available for incoming stormwater. Some of proposed drainage infrastructure could pose a long-term maintenance problem. Asking for more information on construction methodology and long -term prevention of groundwater intrusion. Bulk geared to project as it sits – can it be legally presented as shown. ===PAGE 3=== Minutes Public Hearing, Aro Estates, Howard Street January 30, 2013 Page 3 Opened to public comment- No proponents Opponents- Dave Finch, 537 Howard Street- Questions regarding lot frontage. Howard Street residents would like to see fewer houses. Has concern with water. Ms. Benson requested Whitman & Bingham Associates provide the Planning Office with a plan depicting the te n subdivisions, number of lots in each, and acreage of each subdivision. Rennie Shattuck, 396 Howard Street - Abuts Subdivision 1. Groundwater runoff problems on Howard Street. Should not be a subdivision built – should be conservation land. Gary Lahti, 440 Howard Street- Abuts Subdivision 2. Concerns with drainage. J. Johnson addressed overall drainage – with drainage calculation an applicant usually pick s sensitive areas, wetlands and abutting properties for summation points for pre- and post- development. Calculations as submitted picked too broad an area for those summation points. He is asking it be fine -tuned. Once that takes place, he will review to ensure they meet standard engineering practice and State guidelines. Dan Bracke tt, 815 New West Townsend Road - Abuts 4 and 3. Asked if there was advantage to breaking up into ten subdivisions. Felt they should be looked at individually without temporary roads. Town Counsel, Attorney Joel Bard was of the opinion that it was presented this way to circumvent a Zoning Bylaw that says you cannot subdivide more than 25 acres of land without taking other steps. To evade that , Mr. O’Brien presented a number of subdivisions smaller than 25 acres in hopes of making an argument that it satisfies 5.6. of the Zoning Bylaw. Attorney Bard noted that the Boar d could require a bond for each subdivision in the event that if not completed, the bond could be used to convert the temporary road into a permanent road. Each subdivision has to be looked at as if it would stand on its own. Mr. Bakaysa noted individual findings and directives will be done for each subdivision. Attorney Bard brought up the issue of a timeline; noting that at his urging, the Planning Board set this Hearing date prior to all documentation being received. Due to the fact that this property had been the site of litigation previously, and that a larg e amount of the necessary documentation had been received in the Planning Office, Atto rney Bard wanted the Board to be cautious and commence the hearing process. The legal issue that it raises for Attorney Bard is the Board’s deadline for a decision. He noted for the public’s benefit, o nce an application has been filed, the Board has 135 days to hold a hearing, render a decision, and file that decision with the Town Clerk. When all information is received at the same time, it is easy to kno w when the 135 days begin. In this case, Atto rney Bard is requesting Mr. O’Brien and his attorney set a target deadline for the Board ’s decision. Attorney Bard suggests late April. He is requesting a clear date. If it needs to be pushed out , the Town will come back to Mr. O’Brien. Attorney Johnson responded he will discuss with Mr. O’Brien and dete rmine what documents came in and what is missing. Attorney Johnson request ed what additional information is needed. Attorney Bard reiterated that the Board started the Hearing at his urging, even though the Board felt it did not have all the necessary do cumentation. Attorney Johnson responded he will discuss with Attorney Bard. Attorney Bard wanted to make it clear that he is requesting a letter from Mr. O’Brien, through Attorney Johnson, to the Town Clerk granting Board extension to (date). Ms. Benson requested clarification from Attorney Bard that the anticipated April date included only Planning Board information ; neither the Board of Health nor Conservation Commission. He noted that Board of Health and Conservation Commission requirements are separate. ===PAGE 4=== Minutes Public Hearing, Aro Estates, Howard Street January 30, 2013 Page 4 Mr. Bakaysa asked J. Johnson if he had all he needed at this time to satisfy Planning Board requirements for a solid peer review. J. Johnson noted as of getting the soil testing and the last plans, he has everything he needs for a first -round formal response. He noted his October 22 nd letter which stated section by sec tion all deficiencies relative to what is required by the Board for a formal submissio n. J. Johnson suggested the Planning Office go through Whitman & Bingham Associates December 7 th response letter to deter mine if all items they note have been submitted, have been submitted. Possibly have applicant update letter? Mr. O’Brien noted he previously requested that the Board go through his December 7 th letter. Mr. Bakaysa inquired of Ms. Benson if Mr. O’Brien owes anything financial to the Planning Office , which would be considered part of the application. Ms. Benson noted breakdown of review fees. Mr. O’Brien gave verbal approval for payment of the two current Ross invoices. Attorney Johnson requested list of missing items. Attorney Bard noted items he was aware of – list of waiver requests, revised traffic study, more detailed drainage analysis. J. Johnson noted the drainage analysis would come back in the revisions. He has everything necessary from the first review aspect; now need items for noted deficiencies. Mr. O’Brien noted submission of a set of plans at a Planning Board meeting on September 10th. Plans are dated April 2012 and Whitman & Bingham Associates had bee n discussing with Ms. Benson since April 2012. Mr. O’Brien was prepared for an April/May 2012 submission. Mr. Milisci discussed with Ms. Benson the extent of the paper load that the submittal required (Ms. Benson noted that Mr. Milisci stated he would ne ed a pickup truck). Ms. Benson recommended one set of plans from Whitman & Bingham Associates be submitted to be reviewed for compliance, saving a submittal of ten complete sets of plans until that review was accomplished. Mr. O’Brien was of the opinion t hat e verything came to a standstill due to Ms. Benson ’s medical situation and he feels he is being penalized. Wants to know what date does the clock start ticking? J. Johnson noted drainage analysis dated December 21, 2012. He was unable to commence a ny review until drainage calculations were submitted. Suggested to the Board this could be considered the formal submittal dat e. Motion to continue the Public Hearing to February 13, 2013, Mr. Bodkin Jr., Second, Ms. Bilotta -Simeone. Roll Call Vote , Mr. Lockwood, aye; Mr. Bodkin Jr., aye; Ms. Bilotta-Simeone, aye; Mr. Bakaysa, aye. Motion to adjourn, Ms. Bilotta-Simeone Second, Mr. Bodkin Jr. Adjourned 9:40 PM. Attachments 1. Letter dated January 24, 2013, David E. Ross Associates Inc., re Definiti ve Subdivision Plan, Aro Estates 1 -10, Howard Street, Lunenburg 2. Letter dated January 30,2013, Whitman & Bingham Associates, re Aro Estates 1 -10, Definitive Subdivision Review, Howard Street, Lunenburg, MA minutes/public hearings 2013/Aro Estrates Howard St 01.30.13 ======================================================================================== DOCUMENT : 2013-02-11-agenda-3686.txt BOARD : planning-board DATE : 2013-02-11 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2013-02-11-agenda-3686.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_02112013-3686 ======================================================================================== ===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 Nathan J. Lockwood, Mbr. Lunenburg, MA 01462 Marion M. Benson, Planning Director NOTICE OF MEETING Monday, February 11, 2013 – 6:30 PM Town Hall, 17 Main Street Lunenburg, MA AGENDA 1. ROLL CALL 2. BOARD VACANCY INTERVIEWS: 6:30 PM- Robert Elder 6:45 PM- Damon McQuaid 7:00 PM- Matthew Allison 3. ANR- Heli Kokk, Trustee of Kokk Family Realty Trust, 552 West Townsend Road 4. PLAN ENDORSEMENT ANR- 20 Fire Road #19- lot division 5. MINUTES APPROVAL: 10-15-12 Executive 1-14-13 1-17-13 1-17-13 Executive 1-30-13 Aro Estates Public Hearing 6. COMMITTEE REPORTS: MJTC MRPC School Reconfiguration Committee Capital Planning Committee 7. OLD BUSINESS: APR (Agricultural Preservation Restriction) Applications- Status a. Mario Lanni, Lanni Orchards, 294 Chase Rd b. Daniel & Kathleen M. Pierce, Pierce Farm, 490 Chase Rd c. Workshop 8. PLANNING DIRECTOR’S REPORTS/NEW BUSINESS: DEVELOPMENT STATUS REPORTS- MRPC a. Economic Development Element of the Master Plan b. Request for Service Delivery (RSD) c. District Local Technical Assistance Program (DLTA) d. Priority Development/Preservation Areas Certificate of Compliance – 2012 – Smart Growth Zoning District Aro Estates, Howard Street a. Public Hearing Continuation b. Layout Plan Availability New England Farms a. Status- Tennessee Gas Requirements Emerald Place at Lake Whalom a. Weekly Update Tri Town Landing, Youngs Road a. Weekly Update b. Site Visit Report/Rough Pipe Inspection/2nd floor c. Report in Compliance w/Section 1406.3 building code News Article 9. NOTICES & COMMUNICATIONS ===PAGE 2=== Planning Board Notice of Meeting 02.11.13 Page 2 10. MEETING SCHEDULE: Feb 13 – Aro Estates Public Hearing (Cont’d), Town Hall Feb 25 – Planning Board Meeting, Town Hall Public Hearing, ATT, 2005 Mass Ave a. Addition of antennas Public Hearing, ATT, 9 Chase Road a. Addition of antennas Public Hearing, 35 Leominster Road a. Special Permit/Sawmill Operation/Zoning Bylaw Section 4.2.3.4. 11. MEMBER ISSUES: Discussion for Options of Use for any Town Acquired Property 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 ======================================================================================== DOCUMENT : 2013-02-13-agenda-3721.txt BOARD : planning-board DATE : 2013-02-13 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2013-02-13-agenda-3721.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_02132013-3721 ======================================================================================== ===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 Nathan J. Lockwood, Mbr. Lunenburg, MA 01462 Marion M. Benson, Planning Director NOTICE OF CONTINUATION OF PUBLIC HEARING ARO ESTATES Subdivisions 1 – 10, off Howard Street O’Brien Homes Inc. Wednesday, February 13, 2013 – 6:30 PM Town Hall, 17 Main Street Lunenburg, MA AGENDA 1. ROLL CALL 2. PUBLIC HEARINGS - Continuation APPLICANT PRESENTATION 6:30 PM and consecutively thereafter Definitive Subdivisions 3. BOARD COMMENT 4. PUBLIC COMMENT 5. 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. 6. ADJOURNMENT ======================================================================================== DOCUMENT : 2013-02-13-minutes-3721.txt BOARD : planning-board DATE : 2013-02-13 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2013-02-13-minutes-3721.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_02132013-3721 ======================================================================================== ===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 Nathan J. Lockwood, Mbr. Lunenburg, MA 01462 Marion M. Benson, Planning Director Minutes Public Hearing (Continuation) Aro Estates, Howard Street February 13, 2013 Meeting Posted: Yes Time: 6:30 PM Place: Town Hall, 17 Main Street, Lunenburg, MA 01462 Present: Joanna L. Bilotta, Vice Chair, Thomas W. Bodkin, Jr., Nathan J. Lockwood, Marion M. Benson, Planning Director Absent: Emerick R. Bakaysa, Chair Also Present: Town Counsel, Joel Bard Vice-Chair opened the Hearing Continuation. The initial hearing was held on January 30, 2013 and continued to this date. The Hearing continuation is to hear and discuss applications for ten subdivisions totaling 135 lots. Ms. Bilotta-Simeone requested of Mr. Bard if an actual submittal date had been agreed upon between the Town’s attorney and the Applicant’s attorney. Attorney Bard noted at this time an actual submittal date has not been agreed upon. A s for a decision date, A ttorney Bard still feels end -April is reasonable. Correspondence will continue between Attorney Bard and Attorneys Johnson and Borenstein to reach an agreement. The applicant/developer Kevi n O’Brien, O’Brien Homes Inc., was present and also represented by Mr. Cleaves, Whitman & Bingham Associates and Attorney Borenstein, Johnson and Borenstein. Mr. Cleaves presented three documents to the Board ; 1) Whitman & Bingham Associates correspondenc e dated February 13, 2013, noting individual waiver requests for each subdivision, 2) traffic impact update from Abend Associates dated February 11, 2013. Summar y noted “…the original study is transferable to the current proposal” and “...the conclusions of the original study are still valid.” , and 3) Whitman & Bingham Associates memo dated February 13, 2013, stating sequencing of the proposed subdivisions. (Noted documents are on file in the Planning Office.) Waivers included grading detail on the lots, waiting Board feedback before applying to the Conservation Commission, field staking of roadways, cross sections of cut and fill, roadway cut and fill, and length of dead-end street. Mr. O’Brien discussed park/playground space. Five parks are proposed throughout the ten subdivisions. Ms. Benson inquired as to how this will affect the square footage of a lot if an easement is created for a playground. Attorney Bard will have t o analyze. Also p roposed are four access easements to the Town-owned conservation land at the rear of the subdivisions. Attorney Bard noted that would go to Town Meeting and it would be up to the Town to vote on whether or not to accept the easement. Mr. O’Brien noted drainage being recalculated. Mr. O’Brien addressed issue brought up at January 30th hearing of abutter on left-hand side as access road comes in off Howard Street has their driveway and yard going up to a stone wall. Stone wall follows along left/west side of road. There could p ossibly be an adverse possession issue. Mr. O’Brien felt that has nothing to do with the review as the stone wall is his property. ===PAGE 2=== Minutes, Public Hearing (Continuation), Aro Estates, Howard Street February 13, 2013 Page 2 Public Comments- Paula Bertram, 312 Townsend Harbor Road - Concerned with watershed in area, particularly Mulpus Brook. If ledge needs to be blasted, concerned with impact of blasting on water table. Mr. O’Brien noted they will be requesting to waive grading detail; it will be part of the final plan. Recharge was part of their retesting of the detention ponds. He hopes no blasting will have to take place, but he is aware you cannot have ledge u nder a septic system. Board consensus was to continue Hearing to February 27, 2013, 6:30 PM, Town Hall. Mr. Bodkin Jr. noted in preparation for that meeting he would like to hear from both Counsels re garding the legal issues surrounding the project. Also, having multiple plans submitted where there is not access to public wa y - how it relates to bylaw. Under the bylaw he believes you have to have frontage on a public way. Also the issue of zoning in regards to square footage. Attorney Bard noted Johnson and Borenstein are inquiring as to the zoning freeze date and Attorne y Borenstein states it should be the date of the original plan filing, April 3, 2008. Attorney Bard went on to note that the filing is a factual question, but the zoning issue is a legal question. A zoning freeze last s eight years from when a plan is approved, not when a plan is submitted. A freeze has two phases ; one, the plan review phase, and then once there is a date of approval, a freeze for eight years. He noted the 2008 plan was denied by the Planning Board, an d subsequently Land Court. The Applicant had the right to come back and address plans for denial. The issue is how much time they have to come back. Mr. Lockwood requested Attorney Bard look at the Waivers in conjunction with the language of the refer enced bylaw section. Attorney Bard responded that the law is ambiguous and leaves discretion as to the Planning Board ’s interpretation of its own bylaw. The statute notes a Planning Board may grant waivers from its own subdivision rules and regulations w hen it deems it in the public interest. Ms. Benson noted that the Reviewing Engineer will also make his recommendations as to the Waivers to the Board. Mr. O’Brien noted some of the Waivers are at the request of the Conservation Commission. Attorney Borenstein suggested he and Attorney Bard exchange their positions on the issues prior to the next continuation so they come prepared for discussion. Attorney Bard noted that if the Board denies the application as a proposal attempting to circumvent Zoning Bylaw Section 5.6., it will end up again in litigation. Attorney Bard suggests “conceptual responses” to Attorney Borenstein’s above suggestion. Mr. O’Brien wanted it made clear to the Board that he is not following 5.6. Ms. Benson noted still wai ting additional drainage information from Whitman & Bingham Associates and concerned about adequate review time for the reviewing engineer. Applicant and Board agreed that the Board’s deadline for final action on Aro Estates 1 – 10 will be April 23, 2013. Mr. O’Brien put same in writing and this will be filed with the Town Clerk. Mr. Bodkin Jr., Motion to adjourn, Second, Mr. Lockwood, adjourned 8:00 PM. minutes/public hearings 2013/Aro Estates Howard St 02.13.13 ======================================================================================== DOCUMENT : 2013-02-25-agenda-3687.txt BOARD : planning-board DATE : 2013-02-25 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2013-02-25-agenda-3687.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_02252013-3687 ======================================================================================== ===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 Nathan J. Lockwood, Mbr. Lunenburg, MA 01462 Marion M. Benson, Planning Director NOTICE OF MEETING Monday, February 25, 2013 – 6:30 PM Town Hall, 17 Main Street Lunenburg, MA AGENDA 1. ROLL CALL 2. PUBLIC HEARINGS: 6:30 PM- AT&T, 9 Chase Rd- additional antennas 6:45 PM- AT&T, 2005 Mass Ave- additional antennas 7:00 PM- 35 Leominster Rd- Special Permit/Sawmill Operation/Zoning Bylaw Section 4.2.3.4 3. PLAN ENDORSEMENT/DENIAL: ANR- 20 Fire Road #19- lot division ANR- Heli Kokk, Trustee of Kokk Family Realty Trust, 552 West Townsend Road- lot division 4. MINUTES APPROVAL: 10-15-12 Executive 1-14-13 1-17-13 1-17-13 Executive 1-30-13 Aro Estates Public Hearing 2-13-13 Aro Estates Public Hearing (cont’d) 5. COMMITTEE REPORTS: MJTC MRPC School Reconfiguration Committee Capital Planning Committee 6. OLD BUSINESS: APR (Agricultural Preservation Restriction) Applications- Status a. Mario Lanni, Lanni Orchards, 294 Chase Rd b. Daniel & Kathleen M. Pierce, Pierce Farm, 490 Chase Rd c. Workshop 7. PLANNING DIRECTOR’S REPORTS/NEW BUSINESS: DEVELOPMENT STATUS REPORTS- Board Vacancy MASS PV1- outstanding invoice MRPC a. Economic Development Element of the Master Plan b. District Local Technical Assistance Program (DLTA) c. Planning Board as Master Planning Committee Certificate of Compliance – 2012 – Smart Growth Zoning District Highfield Village – Sewer Commission Aro Estates, Howard Street a. Public Hearing Continuation Date 02-27-13 b. Layout Plan Availability New England Farms a. Status- Tennessee Gas Requirements Emerald Place at Lake Whalom a. Weekly Update Tri Town Landing, Youngs Road a. Weekly Update b. Site Visit Report/Rough Pipe Inspection/2nd floor c. Report in Compliance w/Section 1406.3 building code 8. NOTICES & COMMUNICATIONS 9. MEETING SCHEDULE: February 27 – 6:30 PM, Aro Estates Public Hearing (Cont’d), Town Hall March 11 – 6:30 PM, Board Meeting, Town Hall *March 11 – Town Caucus, THMS, 7:00 PM March 25 – 6:30 PM, Board Meeting, Ritter Building April 30 – Town Election, Elementary School, 7:00 AM May 4 – Town Meeting, High School, 9:00 AM ===PAGE 2=== 10. MEMBER ISSUES: Discussion for Options of Use for any Town Acquired Property 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 ======================================================================================== DOCUMENT : 2013-02-25-agenda-3722.txt BOARD : planning-board DATE : 2013-02-25 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2013-02-25-agenda-3722.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_02252013-3722 ======================================================================================== ===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 Nathan J. Lockwood, Mbr. Lunenburg, MA 01462 Marion M. Benson, Planning Director Town of Lunenburg Public Hearing The Lunenburg Planning Board will hold a Public Hearing on February 25 , 2013, 6:30 PM, Town Hall, 17 Main Street , Lunenburg, MA 01462. The Public Hearing will be to hear and discuss a Modification to a Special Permit under Section 4.2., Subsection 4.2.3.3. of the Protective Bylaw of the Town of Lunenburg. The Modification is to add three antennas and place equipment in the existing telecommunications shelter at 9 Chase Road (Map 57, Parcel 33), Lunenburg, MA . Property owner is Lunenburg Water District, P.O Box 375, Lunenburg, MA 01462. Applicant is New Cingular Wireless/ATT Mobility, c/o KJK Wireless, 12 Old Tavern Lane, Sutton, MA 01590. Materials are available for viewi ng at the Planning Office, 960 Massachusetts Avenue, Lunenburg, MA 01462. towers/AT&T.9 Chase Rd/public hearings/02.25.13 legal ======================================================================================== DOCUMENT : 2013-02-25-agenda-3723.txt BOARD : planning-board DATE : 2013-02-25 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2013-02-25-agenda-3723.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_02252013-3723 ======================================================================================== ===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 Nathan J. Lockwood, Mbr. Lunenburg, MA 01462 Marion M. Benson, Planning Director Town of Lunenburg Public Hearing The Lunenburg Planning Board will hold a Public Hearing on February 25, 2013, 7:00 PM, Town Hall, 17 Main Street , Lunenburg, MA 01462. The Public Hearing will be to hear and discuss a Special Permit under Section 4.2., Subsection 4.2.3.4. of the Protective Bylaw of the Town of Lunenburg. The Special Permit is for 35 Leominster Road (Map 71, Parcel 39) for a saw mill operation and workshop. Owner is Lunenburg Realty, 1 2 Brook Street, Wellesley, MA 02482. Applicant is Brian Brown, 35 Leominster Road, Lunenburg, MA 01462. Materials are available for viewing at the Planning Office, 960 Massachusetts Avenue, Lunenburg, MA 01462. Street/Leominster rd/35 leo rd SP appl/02.25.13 legal ======================================================================================== DOCUMENT : 2013-02-25-agenda-3724.txt BOARD : planning-board DATE : 2013-02-25 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2013-02-25-agenda-3724.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_02252013-3724 ======================================================================================== ===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 Nathan J. Lockwood, Mbr. Lunenburg, MA 01462 Marion M. Benson, Planning Director Town of Lunenburg Public Hearing The Lunenburg Planning Board will hold a Public Hearing on February 25 , 2013, 6:45 PM , Town Hall, 17 Main Street , Lunenburg, MA 01462. The Public Hearing will be to hear and discuss a Modification to a Special Permit under Section 4. 6., Subsection 4.6.4.2. of the Protective Bylaw of the Town of Lunenburg. The Modification is to add three antennas and place equipment in the existing telecommunications shelter at 2005 Massachusetts Avenue (Map 66, Parcel 1), Lunenburg, MA . Property o wner is Peter Knox, Trustee, 2005 Massachusetts Avenue, Lunenburg, MA 01462. Applicant is New Cingular Wireless/ATT Mobility, c/o KJK Wireless, 12 Old Tavern Lane, Sutton, MA 01590. Materials are available for viewing at the Planning Office, 960 Massachusetts Avenue, Lunenburg, MA 01462. towers/AT&T.2005 mass ave/public hearings/02.25.13 legal ======================================================================================== DOCUMENT : 2013-02-25-minutes-3687.txt BOARD : planning-board DATE : 2013-02-25 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2013-02-25-minutes-3687.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_02252013-3687 ======================================================================================== ===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 Nathan J. Lockwood, Mbr. Lunenburg, MA 01462 Marion M. Benson, Planning Director Minutes February 25, 2013 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 PUBLIC HEARINGS: AT&T, 9 Chase Road - See separate minutes . Ms. Bilotta-Simeone made Motion to accept the three additional antennas for 9 Chase Road, Second, Mr. Bodkin Jr. Roll Call Vote - Mr. Bakaysa, aye; Ms. Bilotta-Simeone, aye; Mr. Bodkin Jr., aye; Mr. Lockwood, aye. AT&T, 2005 Massachusetts Avenue - See separate minutes . Ms. Bilotta -Simeone made Motion to accept the three additional antennas for 2005 M assachusetts Avenue, Second, Mr. Bodkin Jr. Roll Call Vote- Mr. Bakaysa, aye; Ms. Bilotta-Simeone, aye; Mr. Bodkin Jr., aye; Mr. Lockwood, aye. 35 Leominster Road- See separate minutes. ANRs: Norman & Pamela Vincent, 20 Fire Road #19 - Motion, Ms. Bilot ta-Simeone to endorse ANR Plan, Second, Mr. Bodkin Jr. All aye. Plan endorsed by Planning Board. Heli Kokk, Trustee of Kokk Family Realty Trust, 552 West Townsend Road - New p lan submitted to replace previous submittal that was in non-compliance of lot size under the Zoning Bylaw for Outlying District. Plan will follow normal process. MINUTES APPROVAL: The following minutes were signed. 1-14-13, Motion to approve, Ms. Bilotta-Simeone, Second, Mr. Lockwood. 1-17-13, Motion to approve, Ms. Bilotta-Simeone, Second, Mr. Bodkin Jr. 1-30-13 Aro Estates Public Hearing, Motion to approve, Ms. Bilotta-Simeone, Second, Mr. Bodkin Jr. 2-13-13 Aro Estates Public Hearing Continuation, Motion to approve, Ms. Bilotta -Simeone, Second, Mr. Lockwood. Mr. Bakaysa was absent at the 2-13-13 continuation, but signed the minutes under G.L. c39, Section 23D, Mullin Rule Certification. 10-15-12 Executive, Motion to approve, Ms. Bilotta-Simeone, Second, Mr. Bodkin Jr. 1-17-13 Executive, Motion to approve, Ms. Bilotta-Simeone, Second, Mr. Bodkin Jr. COMMITTEE REPORTS: MJTC- Past two meetings cancelled due to inclement weather. MRPC- Next meeting February 26th. School Reconfiguration Committee- Architectural firm has been hired. Public envisioning sessions will be held in March. Capital Planning Committee - Ms. Benson, as Capital Planning Committee Chair, noted the FY2014 Capital Plan recommended by the Capital Planning Committee at $523,483.00. Plan breakdown on file in Planning Office. ===PAGE 2=== Planning Board minutes 02.25.13 Page 2 Below agenda items were tabled due to the late hour. OLD BUSINESS: APR (Agricultural Preservation Restriction) Application Status- Tabled PLANNING DIRECTOR’S REPORTS/NEW BUSINESS/DEVELOPMENT STATUS REPORTS: Board Vacancy – Tabled MASS PV1- Tabled MRPC- Ms. Benson will send information to Board members via electronic mail. Certificate of Compliance, 2012, Smart Growth Zoning District- Tabled Highfield Village, Northfield Road- Tabled Aro Estates, Howard Street- Tabled New England Farms, Leominster-Shirley Road- Tabled Emerald Place at Lake Whalom- Tabled Tri Town Landing, Youngs Road- Tabled NOTICES & COMMUNICATIONS: Tabled MEETING SCHEDULE: Tabled February 27 – Aro Estates Public Hearing Continuation, Town Hall March 11 – Board Meeting, Town Hall March 25 – Board Meeting, Ritter Memorial Building MEMBER ISSUES: Tabled ADJOURNMENT: Motion to adjourn, Ms. Bilotta-Simeone, Second, Mr. Lockwood, Adjourned 9:30 PM. Minutes/2013/02.25.13 ======================================================================================== DOCUMENT : 2013-02-25-minutes-3722.txt BOARD : planning-board DATE : 2013-02-25 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2013-02-25-minutes-3722.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_02252013-3722 ======================================================================================== ===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 Nathan J. Lockwood, Mbr. Lunenburg, MA 01462 Marion M. Benson, Planning Director Minutes Public Hearing AT&T, 9 Chase Road February 25, 2013 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 Chair opened the Public Hearing with the reading of the legal notice published in the Sentinel and Enterprise on February 11 and February 18, 2013. The Hearing is to hea r and discuss a modification to a special permit under Section 4.2., Subsection 4.2.3.3. of the Protective Bylaw of the Town of Lunenburg. The modification is to add three antennas and place equipment in the ex isting telecommunications shelter at 9 Chase Road. Property owner is Lunenburg Water District; applicant is New Cingular Wireless/ATT Mobility. The Applicant was represented by Brian Allen, KJK Wireless, Site Acquisition Consultant. AT&T currently has s ix antennas mounted on a frame on the top of the water tank. AT&T wants to add three additional antennas to provide LTE (Long Term Evolution) to the community. No proponents or opponents. Motion, Ms. Bilotta-Simeone to close the Public Hearing for 9 Chase Road, Second, Mr. Bodkin Jr. All aye. Closed 6:40 PM. Minutes/public hearings 2013/AT&T.9 Chase Rd.02.25.13 ======================================================================================== DOCUMENT : 2013-02-25-minutes-3723.txt BOARD : planning-board DATE : 2013-02-25 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2013-02-25-minutes-3723.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_02252013-3723 ======================================================================================== ===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 Nathan J. Lockwood, Mbr. Lunenburg, MA 01462 Marion M. Benson, Planning Director 35 Leominster Road Public Hearing Minutes February 25, 2013 Meeting Posted: Yes Place: Town Hall, 17 Main Street, Lunenburg, MA 01462 Time: 7:00 PM Present: Emerick R. Bakaysa, Joanna L. Bilotta-Simeone, Thomas W. Bodkin Jr., Nathan J. Lockwood, Marion M. Benson Chair opened the Public Hearing with the reading of the legal notice published in the Sentinel and Enterprise on February 11 and February 18, 2013. The Hearing was to hear and discuss a Special Permit under Section 4.2., Subsection 4.2.3.4. of the Protective Bylaw of the Town of Lunenburg. The Special Permit is for 35 Leominster Road for a saw mill operation and workshop. Owner is Lunenburg Realty, 12 Brook Street, Wellesley, MA 02482. Applicant is Brian Brown, 35 Leominster Road, Lunenburg, MA 01462. Mr. Bodkin Jr. recused himself from the Hearing. Mr. Brown is requesting a special permit for the sawmill operation on the site. He feels abutters have issues as the site is currently an “eyesore”. He states this is because he is restoring a large house and building a barn on the site. Mr. Bakaysa noted Building Official letter dated March 29, 2012, which informed Mr. B rown that the letter was serving as a “CEASE AND DESIST ORDER” as the applicant did not have the proper approvals in place. (Complete letter on file in Planning Office.) Mr. Brown stated that after meeting with Mr. Sauvageau, the Cease and Desist was lif ted as he came into compliance with the letter. He noted that the sawmill will not be used on weekends or holidays. It will operate between 9 AM and 5 PM. He noted he also met with Fire Chief Sullivan. He plans for the barn to contain approximately 90% of the operation. Mr. Lockwood asked if the mill would be located inside the barn. No, the mill is currently located in another building, and it will remain there. Mr. Bakaysa noted February 13, 2013 electronic mail from Fire Chief Sullivan to Ms. Benson, which contained Chief Sullivan’s Conditions (see below). 1. Permit to be obtained from Fire Department. 2. All weather access to be maintained for fire apparatus to and from sawmill and barn. Surface shall be durable and not subject to mud conditions. Asphalt, graded base or similar solid material. Suitable solid area to allow fire apparatus to turn around in yard shall be maintained. 3. No yard storage of raw materials or finished product. All materials to be stored within barn. 4. Storage of waste mat erials (bark, sawdust, etc.) for use in composting ONLY shall be allowed; said storage shall not exceed 300 yards; storage shall be neat and orderly. If piled, pile shall have minimum 25 foot clearance from structures or nearby combustibles. 5. Current accumulations of waste materials to be removed (recommend no more than 6 months to remove current waste materials). 6. General area to be kept free from weeds, grass, etc., especially around structures or waste storage area. 7. No smoking in sawmill or barn; also no open burning on site. ===PAGE 2=== Minutes 35 Leominster Road Public Hearing 02.25.13 Pg 2 8. Sawmill and barn to be equipped with suitable fire extinguishers in accordance with NFPA 10. (Based on sizes shown on plan, minimum 1- 4A rated extinguisher in each building.). 9. Suitable notification method for emergencies in sawmill. A working cell phone with adequate signal in possession of the sawmill operator shall be sufficient. Furthermore, while not required, we would always recommend a monitored fire alarm system and/o r automatic sprinklers for the structures in question. Mr. Lockwood questioned noise levels in a residential district. Noise levels can be regulated under Zoning Bylaw Section 4.2.3.4. c) and Section 6.6. Mr. Sauvageau, Building Official/Zoning Officer gave background, noting home occupation business allowed under the Zoning Bylaw. He also noted property was under agricultural preservation exemption, which allows certain uses. Lumber milling is allowed under agricultural preservation provided the trees are from the same piece of property. He no ted that Mr. Brown has come to him twice for a home occupation, but Mr. Sauvageau did not sign off on it because he wanted Mr. Brown to come before the Planning Board for a Special Permit. If he brought wood in from off-site it would have to be stored out of sight. Mr. Brown noted proposed location of new barn. Ninety-nine (99%) percent of the lumber will be contained with in the barn. The barn will also house his building shop. The existing shed will house the saw mill. Mr. Bakaysa read into record abutter letter (attached). Proponents- Jeff Mendoza, 162 Lancaster Avenue- No issues with project. Opponents- John Murphy, 125 Lancaster Avenue - Spoke on behalf of individuals who submitted above letter. Felt the property has been “jewel of historic property” and concerned with deterioration of property. Feel s neighborhood is being submitted to “industrial activity”. Concerned with noise and visual pollution. Attorney Robert Bowen, representing Kent Russell and Aisling Gaughan, 73 Lancaster Avenue - Submitted correspondence to Planning Board (on file in Planning Office). Disagrees with Building Official. Does not believe Mr. Brown has the right to a special permit - inappropriate location for this type of structure - concerned with hours of operation, sound, air pollution. Gare Thompson, 10 Whiting Street - Devalues houses, thinks a time limit should be placed on clean up. Concerned with logging trucks parking on street. Tom Mulholland, 2 Leominster Road- Questioned if the individual carrying out the home occupation ha d to be the property owner. Mr. Sauvageau responded that the individual has to live there, but does not have to be the owner. Lucia Kidney, 86 Lancaster Avenue - Where is access for fi re equipment? Chief Sullivan noted they do have access to the property. Bonnie Reynolds, 91 Lancaster Avenue - Inquired as to limitations of work, e.g., can wood be produced that will go off -site for other purposes? Mr. Brown responded that approximatel y 75% of the lumber they cut remains on site. They do intend to sell some of the remaining to furniture builders, etc. Mr. Sauvageau noted that would be permitted. Richard Leslie, 89 Leominster Road- Inquired where alternate access is for fire apparatus. Mr. Bakaysa responded that to do so would require easement over a neighboring property. Chief Sullivan noted if the road existed it could be used, but his understanding is that it does not exist at this time. It was clarified that the existing drive is wide enough for fire apparatus. Mary Ann Sudolnik, 247 Highland Street - Concerned with historic preservation of Town Center. Ms. Benson noted the district is a district of design and does not have any regulations that can be applied, e.g., all doors mu st be painted white. Rebecca Marshall-Waggett, 376 Mulpus Road - Asked for clarification on special permit process. Mr. Bakaysa responded that if a special permit is granted, it contains findings and directives that are legally defensible. If the Planning Board denies a special permit it has to be extremely conscious as to why it is being denied and would again have to contain legally defensible arguments. He also noted if granted, the special permit directives could contain a compliance date. Attorney Bowen- Feels the Board has wide discretion to deny special permit if it adversely affect s the neighborhood. Mr. Bakaysa stated that putting a saw mill in does not detract from the rural character of the community, as years past it was once the fabric of the community. (He noted that his vote will not be affected by this comment.) Aisling Gaughan- Concerned with noise level. ===PAGE 3=== Minutes 35 Leominster Road Public Hearing 02.25.13 Pg 3 Lucia Kidney- Concerned with property devaluation. Doesn’t Board have to take this into consideration? Robert Beck, 106 Houghtons Mill Road - Concerned with property deterioration, noise concerns. He is also concerned that this will set a precedent for other permits. Ms. Bilotta-Simeone responded that this permit is only for 35 Leominster Road. Al Dettenrieder, 72 Lancaster Avenue - Timeline for construction? Mr. Sauvageau noted that a special permit must be recorded at the Registry of Deeds and there is a timeline in which an applicant must exercise a special permit. Mr. Bakaysa noted that the building of the barn MAY not be a part of the Special Permit. Bonnie Reynolds- Can the o utput off-site from this operation be limited, e.g. truck traffic. Mr. Bakaysa noted Directives can be put in place. Mr. Sauvageau clarified that applicant is before the Board for a saw milling permit. He can do the home occupation. Ms. Benson noted citizen letters were submitted to the Planning Office prior to this evening’s Hearing. June Dettenrieder, 72 Lancaster Avenue- Concerned with historic district and how soon lumber can be cleaned up. Mr. Brown responded that’s important to him ; he feels the issue is the mess at the rear. The lumber is currently taking up so much space because it’s not stacked. Once he has the lumber ins ide a building, it will be an improvement to the Town. He did not respond to questions pertaining to a timeline. Ms. Benson asked for a direct timeline in his business plan to complete t he barn. He noted it could take up to two years to build the barn; will start it this summer. Mr. Murphy stated that a two year time line is not acceptable. Mr. Lockwood inquired if the Special Permit is denied, is there a Bylaw that governs the unsightliness. Mr. Sauvageau referred to Section 4.2.1.1.m)3. in regards to a home occupation . Mr. Lockwood inquired of Mr. Brown how can the noise be mitigated. Mr. Brown responded that the saw mill cannot be made any less quiet ; but it runs infrequently. Mr. Lockwood suggested that the Special Permit could limit the numbe r of hours the saw mill runs per year. Mr. Brown felt it probably ran 150 hours per year in the past. Mr. Lockwood suggested that possibly the Directives could limit the saw mill to 300 hours per year. Mr. Bakaysa inquired if fencing would be an altern ative to mitigate the unsightliness and noise. Mr. Brown felt that would be more unsightly then the current condition. The Board discussed whether to close the Hearing or continue it. The next regularly scheduled meeting date would be March 11th. As Town Caucus is also March 11 th, the Board came to consensus to have draft Findings and Directives prepared for a Board meeting to be held March 4 th, Ritter Memorial Building, 6:30 PM. Subsequent to the meeting on the 4 th, the Board will set a hearing continuation date. Motion to continue the Hearing to a date TBD on March 4 th, Ms. Bilotta-Simeone, Second, Mr. Lockwood. Hearing recessed 9:15 PM. Minutes/public hearings 2013/35 Leominster Road 02.25.13 ======================================================================================== DOCUMENT : 2013-02-25-minutes-3724.txt BOARD : planning-board DATE : 2013-02-25 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2013-02-25-minutes-3724.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_02252013-3724 ======================================================================================== ===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 Nathan J. Lockwood, Mbr. Lunenburg, MA 01462 Marion M. Benson, Planning Director Minutes Public Hearing AT&T, 2005 Massachusetts Avenue February 25, 2013 Meeting Posted: Yes Place: Town Hall, 17 Main Street, Lunenburg, MA 01462 Time: 6:45 PM Present: Emerick R. Bakaysa, Joanna L. Bilotta-Simeone, Thomas W. Bodkin Jr., Nathan J. Lockwood, Marion M. Benson Chair opened the Public Hearing with the reading of the legal notice published in the Sentinel and Enterprise o n February 11 and February 18, 2013. The Hearing is to hea r and discuss a modification to a special permit under Section 4.6., Subsection 4.6.4.2. of the Protective Bylaw of the Town of Lunenburg. The modification is to add three antennas and place equipm ent in the existing telecommunications shelter at 2005 Massachusetts Avenue . Property owner is Peter Knox, Tru stee; applicant is New Cingular Wireless/ATT Mobility. The Applicant was represented by Brian Allen, KJK Wireless, Site Acquisition Consultant. AT&T currently has six antennas mounted on a 190 foot monopole tower. The antennas are centered at 181 feet (the second grouping of antennas down from the top of the tower). AT&T wants to add three additional antennas to provide LTE (Long Term Evolution ) to the community. There are four different providers on this tower. Verizon antennas are placed slightly higher than the AT&T antennas, and Nextel and T Mobile are slightly lower. No proponents or opponents. Motion, Ms. Bilotta-Simeone to close the Public Hearing for 9 Chase Road, Second, Mr. Bodkin Jr. All aye. Closed 6:50 PM. Minutes/public hearings 2013/AT&T.2005 Mass Ave.02.25.13 ======================================================================================== DOCUMENT : 2013-02-27-agenda-3725.txt BOARD : planning-board DATE : 2013-02-27 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2013-02-27-agenda-3725.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_02272013-3725 ======================================================================================== ===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 Nathan J. Lockwood, Mbr. Lunenburg, MA 01462 Marion M. Benson, Planning Director NOTICE OF CONTINUATION OF PUBLIC HEARING ARO ESTATES Subdivisions 1 – 10, off Howard Street O’Brien Homes Inc. Wednesday, February 27, 2013 – 6:30 PM Town Hall, 17 Main Street Lunenburg, MA AGENDA 1. ROLL CALL 2. PUBLIC HEARINGS - Continuation APPLICANT PRESENTATION 6:30 PM and consecutively thereafter Definitive Subdivisions 3. BOARD COMMENT 4. PUBLIC COMMENT 5. 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. 6. ADJOURNMENT Agenda/2013/02.27.13 ======================================================================================== DOCUMENT : 2013-02-27-minutes-3725.txt BOARD : planning-board DATE : 2013-02-27 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2013-02-27-minutes-3725.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_02272013-3725 ======================================================================================== ===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 Nathan J. Lockwood, Mbr. Lunenburg, MA 01462 Marion M. Benson, Planning Director Minutes Public Hearing (Continuation) Aro Estates, Howard Street February 27, 2013 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 , Marion M. Benson, Planning Director Also Present: Town Counsel, Joel Bard Chair opened the Hearing Continuation . The initial hearing was held on January 30, 2013 , first continuation to February 13 th, second continuation to this date. The Hearing continuation is to hear and discuss applications for ten subdivisions off Howard Street totaling 135 lots. Representing the Applicant, Kevin O’Brien, O’Brien Homes was Attorney Mark Johnson, Johnson and Borenstein. He reviewed documents since the last continuation, review the two zonin g issues, and discuss waivers. He referenced the following documents: Johnson & Borenstein, LLC letter dated February 27, 2013, subject: Aro Estates – 1-10 Subdivision Plans (attached) containing the Land Court Decision , partial copy of the transcript of the oral arguments , and the Motion for Summary Judgment. David Ross Associates Review letter dated February 25, 2013 (attached) Whitman & Bingham Associates letter dated February 13, 2013, subject: Waiver Requests The zoning iss ues were addressed by Attorney Donald Borenstein. Johnson and Borenstein ’s letter dated February 27, 2013 states that “the Zoning Bylaw in effect at the time of the Applicant’s filings of its original plan remains applicable and ‘frozen’ under the Subdivi sion Plan process freeze found at G.L. c.40A, §.6. par. 5 ”. Kopelman and Paige P.C. response letter dated February 27, 2013 (attached) states that “…the question of whether the zoning freeze currently exists and continues with respect to the current subdivision filings is a factual and legal question that would ultimately have to be decided by the courts.” Johnson and Borenstein’s letter also states t hat “…the Land Court stated that O’Brien ‘ can develop the 189 acres in separate subdivisions, each of less than twenty -five acres (avoiding s.5.6 entirely).’ ” “It can still be subdivided and developed by meeting the requirements of s. 5.6 (resulting in ei ther smaller or fewer homes), or by re -planning its development into separate subdivisions of less than twenty -five acres.” Attorney Borenstein also referred to the three options available not ed on page 5 of the letter. In reference to accessing the publ ic way, their letter states that “the Applicant intends to physically construct and/or post security to ensure the construction of the new roadway necessary to access the public way from each of the separate subdivisions.” In response to Attorney Borenstein’s noting of the three options available, Attorney Bard noted that in the transcript, when asked what’s the difference if you have seven or eight 24 ½ or 25-acre subdivisions versus one large subdivision, Attorney Bard ===PAGE 2=== Minutes, Public Hearing (Continuation), Aro Estates, Howard Street February 27, 2013 Page 2 responded that “there is a difference because each one becomes a community of its own and it’s all, of course, how it’s planned and developed. But you don’t get t his one mass of 189 -acres developed into a 135 house lots. You have a variety of smaller communities…it’s up to the developer as to how they want to do it.” “…each 25 -acre subdivision would have to be a stand- alone.” “Each cluster of 15 to 25 would have its own communal system.” “…the picture I’m drawing here…is a more complex picture than what the plaintiff is sketching out to support their arguments.” Attorney Bard noted t he Board will have to decide if this is one of the options under the Bylaw; that the Applicant could take the old plan, cut it into 10 phases, and call it 10 subdivisions. The judge stated this was one of the options available under the bylaw, but did not say this was how it had to be done. T his was the legal question before the Board at the outset and presented to Attorney Bard by Attorney Johnson. Initially, Attorney Johnson wanted these two legal issues to be brought to court for resolution, but then decided the Applicant wanted to go through the plan process instead. Attorney Bard notes that the Board has to decide whether the new subdivisions are the old subdivision broken into 10 phases. Attorney Johnson interprets Section 5.6. as allowing breaking up into parcels of 25 acres. Regarding the zoning freeze, the Applicant’s attorney states that the Applicant has continuously moved forward with his project. Attorney Bard notes there is no timeframe guidance from the courts. Mr. Bakaysa noted that when Section 5.6. was enacted, it was with the intention of managing growth. It was the intent that they would be independent subdivisions that could stand on their own and not subdivisions that would be phased to create one large subdivision. Mr. Bakaysa feels there has been no cooperation from the developer on working with the Board. Mr. Bodkin Jr. noted that as these are considered 10 separate subdivisions, each has to have access to a public way. The developer’s attorney is of the opinion that under G.L. ch. 41, §81O, the ways do not have to be physically constructed prior to the Board’s approval of the plans. Attorney Bard noted there would have to be a bond in place for the roads and recommended it be in place before any building perm its are issued. Attorney Johnson referred to G.L. c h. 41, §81U re garding Performance Guarantees. Ms. Bilotta-Simeone feels that the 135 houses cannot be justified as this is the same that was submitted in 2008, and denied. If the developer is saying this is a new submittal, the 80,000 square foot change to the Outlying District should be followed. Mr. Lockwood voiced same concerns as Board members above. Ms. Benson noted the ”Purpose” of 5.6. Cluster Development. “…to encourage the preservation of useable open space, …and assist in preserving the Rural Residential Character of the Town.” Mr. Bakaysa noted that 135 lots on Howard Street will have an impact on the infrastructure as it exists today. Attorney Bard noted the Applicant has a plan before the Board and the Board needs to get to the end of that process and write a Decision. Attorney Johnson moved on to waiver requests. Noted that J. Johnson’s review supported t he waiver requests with the following exceptions: Section 3.4.3.12. requiring the applicant to simultaneously apply for a Determination of Applicability or Notice of Intent. Section 4.2.5.1. stating dead -end streets shall be no longer than 650 feet. If the Fire Department has no issue with a longer cul-de-sac, J. Johnson has no issues. Section 3.4.3.3.b. requiring grading details for building sites. J. Johnson supports based on the A pplicant estimat ing proposed impervious coverage. Attorney Johnson inquired if the Board has received a response from the Fire Department re cul-de-sac length. J. Johnson summarized his review letter of February 25, 2013 noting that he had no issues with the waivers as they are requested. He defers to the Conservation Commission on the i ssue of simultaneously filing of Determination of Applicability or Notice of Intent. He feels the cul-de-sac length is a public safety issue and has no issue from an engineering standpoint. He ===PAGE 3=== Minutes, Public Hearing (Continuation), Aro Estates, Howard Street February 27, 2013 Page 3 defers to Police and/or F ire Department. He noted the closing of his letter which mentions there are a number of items listed in Whitman and Bingham’s response letter dated 12 -7-12 that have not yet been provided. W hitman and Bingham should update the Board regarding the promised materials. The Applicant has not yet provided the information requested in the Rules and Regulations Governing the Subdivision of Land, Section 3.4.3.1.q) for Aro 1 and Aro 4, “…layout plans shall show…all buildings, walks, drives and the existing fixtures, within one hundred feet of the sidelines of such street.” J. Johnson stated this is critical as it will show adjacent driveways to each of the proposed entrances into the project. The Applicant has not yet provided a completed set of deep test holes and percolation holes for eve ry proposed individual lot , but they have supplied enough to characterize the underlying soils. If they don’t provide all of them, they will have to request a waiver. There is still a difference of opinion between the Board and the Applicant in the interpretation of the bylaw regarding the longer leveling area strip with a lesser slope. J. Johnson also brought attention to 4) Leveling Area Grade, 8) Pro posed Site and Grading Plans and 13) Deep Drainage Infrastructure of his February 25th review letter. Mr. Bakaysa noted February 27, 2013 electronic mail from Mr. Rodriquenz, DPW Director; “In the document, Drainage Analysis, Stormwater Maintenance Program, Sections 2.0 – 2.5 simply stated, the maintenance program as proposed, would require resources in the form of personnel, equipment, and funds not currently available within the department . To place this kind of economic burden upon the DPW at this time would certainly place us in a position to fail. …request you and the Commission look unfavorably upon this component of the project.” Major items still needed noted as 8), 13), 14), and 15) in J. Johnson’s review letter. Also noted Aro 4, four to five feet off property line, to install wall and do grading, will be very close to abutter’s property. Whitman and Bingham noted they will stake property line at time wall is being built. Mr. Bakaysa noted that before building, the Applicant would have to show water supplies or septic systems for each lot. Mr. Flis, Whitman & Bingham Associates, on behalf of the Applicant, supplied the Board with a Memorandum dated February 27, 2013, listing the square footage wetland area for all ten individual subdivisions (on file in the Planning Office). Also supplied the Board with Abend Associates Memorandum dated February 1 3, 2013, subject: Roadway Grading Regulation - Opinion (on file in Planning Office). Abend Opinion is that “a 75-foot distance is sufficient to accommodate a line of three passenger vehicles while a 200-foot distance is sufficient to accommodate about three tractor -trailer trucks.” “Unless there are large trucks coming and going regularly, the more conservative (longer) dimension is not necessary to provide for safe operations at an intersection.” Mr. Flis noted that one of the important waivers is the 650 feet for dead-end streets/cul-de-sacs. It impacts Aro 6, 8, and 9. If not waived, the plans will have to be significantly revised. Will request waiver on soil testing of 135 lots. They will go thro ugh the Board of Health process. They have done some more testing on the detention basins. Information will be in final dr ainage report. Will be submitting plans with revised basins. Requesting a meeting with Ms. Benson and J Johnson at the time revised plans are submitted. Working on tabular summary noted in J Johnson’s review letter of October 22, 2012 – waiting until fin al plans are done. Will be requesting a waiver on basin pipe cover. Mr. O’Brien noted that in meeting with the Fire Department, Chief Sullivan stated he did not have a problem with the 650 foot dead-end length. Mr. O’Brien requested a response from th e Board so Whitman & Bingham could complete the drainage calculations on those waivers. He also stated that two of the waivers were at the request of the C onservation Commission as they have wetlands. Ms. Benson will request written confirmation from the Fire Chief. One of the agenda items for March 4, 2013 will be a hearing continuation to review the 650 foot waiver. Mr. Lockwood asked for clarification on Decision end -date. Attorney Bard informed him Board hopes to have a Decision by April 8th. Attorney Bowen, 1686 Massachusetts Avenue- Noted on-going discussions with Water Department about bringing water to the site. J Johnson noted it’s always more beneficial to be on a public water system. ===PAGE 4=== Minutes, Public Hearing (Continuation), Aro Estates, Howard Street February 27, 2013 Page 4 No proponents. Opponents: Walter Paquette, 10 Iris Court - speaking as President of Hickory Hills Land Owners Incorporated and expressing the opinion of the eleven (11) Board members. Concerned with the construction of 135 houses at the Mulpus Brook headwaters and how this will affect Hickory Hills Lake. Paula Bertram, 312 Townsend Harbor Road - concerned with the Hickory Hills Lake eco -system. Voiced the same concerns as Mr. Paquette. Sedimentation and debris have become a significant concern in the Hickory Hills community. Aro Estates will result in changes to infiltration and ground water ru noff. She urges the Board to deny the waiver request from Rules and Regulations Governing the Subdivision of Land, Section 3.4.3.12 Wetlands. She urges that the Board require the Applicant and/or future property owners maintain ownership of all stormwate r components associated with the development due to maintenance costs if DPW responsibility. Dave McDonald, Island Road- Echoed Ms. Bertram’s concerns. Rennie Shattuck, 396 Howard Street - Access road into development too close to his home. Equipment c ut down trees, bulldozed a stone wall and left some stones within twenty (20’) feet of his home. Applicant also filled in a drainage trench along his wall. (Submitted photographs to the Board – on file in Planning Office.) Mr. Bodkin Jr. inquired of J. Johnson as to any future fertilizer runoff into Mulpus Brook. J. Johnson responded b uffer zones will be Conservation Commission jurisdiction. Also noted he has requested Applicant provide stormwater management form which stipulates how they have met all ten (10) requirements listed in the Massachusetts stormwater guidelines. Soil testing is required within each detention basin which shows what the ground water level is and the soil type. T here have not shown they have done that. Things may change once the Applicant goes through Notice of Intent process with the Conservation Commission. Attorney Bard noted the wetlands delineation is approximately four year s old; he thought it was only good for three years . J. Johnson noted the Applicant fell under the Permit Extension Act to get it for another two years. Ms. Bilotta-Simeone continued to have issues with the wall. Attorney Bard noted that the “wall issue” is a civil matter and Mr. Shattuck may have gained “adverse possession” over the wall as he had maintained the land up to the wall for a number of years, but; he cannot gain legal right to that land until he goes to court and gets a court judgment to that effect. The Board has to assume ownership is where the Applicant’s documents states. It is also unclear as to if the stone wall demarked a property line. Ms. Benson inquired of timeline to Conservation Commission. J . Johnson stated current plans show disturbance within the buffer zone resource areas. Notice of Intent must be filed. Regulations suggest they run concurrently with the Planning Board and Conservation Commission; Applicant requested a waiver to do that – J. Johnson has no issue. It puts the responsibility on the Applicant as the Planning Board may approve something, but if there is an issue with Conservation, the Applicant will have to return to the Planning Board to get the Planning Board approvals modified . The Conservation Commission can deny any infringement within the buffer zone. Ms. Benson noted to Whitman and Bingham that Town offices are closed on Fridays for any paperwork they wish to submit. Mr. O’Brien noted he will file with the Conservation Commission once drainage issues are resolved. The Board will review its meeting schedule at the March 4 th meeting. Attorney Bard n oted he will be available on March 13 and 14, but not on the 12th. Motion, Ms. Bilotta-Simeone to adjourn the Hearing to March 4 th, Second, Mr. Bodkin Jr., Roll Call Vote, Mr. Lockwood, aye; Mr. Bodkin Jr., aye; Ms. Bilotta-Simeone, aye; Mr. Bakaysa, aye. Adjourned 9:30 PM. minutes/public hearings 2013/Aro Estates Howard St 02.27.13 ======================================================================================== DOCUMENT : 2013-03-04-agenda-3688.txt BOARD : planning-board DATE : 2013-03-04 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2013-03-04-agenda-3688.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_03042013-3688 ======================================================================================== ===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 Nathan J. Lockwood, Mbr. Lunenburg, MA 01462 Marion M. Benson, Planning Director NOTICE OF MEETING Monday, March 4, 2013 – 6:30 PM Town Hall, 17 Main Street Lunenburg, MA AGENDA 1. ROLL CALL 2. 6:30 PM- PUBLIC HEARING CONTINUATION- Aro Estates, Howard Street- Waiver Decision 3. PLAN ENDORSEMENT: ANR- Heli Kokk, Trustee of Kokk Family Realty Trust, 552 West Townsend Road- lot division 4. Board Meeting Date 5. 35 Leominster Road- Board Formulation of Findings and Directives 6. BOARD COMMENT 7. PUBLIC COMMENT 8. EXECUTIVE SESSION 9. EXECUTIVE SESSION: In accordance with M.G.L. Chapter 39, §23B(3) for the purpose of discussing strategy with respect to collective bargaining or litigation if an open meeting may have a detrimental effect on the government’s bargaining or litigation position. 10. ADJOURNMENT Agenda/2013/03.04.13 ======================================================================================== DOCUMENT : 2013-03-16-agenda-3689.txt BOARD : planning-board DATE : 2013-03-16 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2013-03-16-agenda-3689.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_03162013-3689 ======================================================================================== ===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 Nathan J. Lockwood, Mbr. Lunenburg, MA 01462 Marion M. Benson, Planning Director NOTICE OF MEETING Saturday, March 16, 2013 – 1:00 PM Town Hall, 17 Main Street & 35 Leominster Road Lunenburg, MA AGENDA 1. ROLL CALL 2. 1:00 PM- PUBLIC HEARING (continuation)- Aro Estates 1- 10, Howard Street 3. 3:00/3:30 PM- PUBLIC HEARING (continuation) Site Visit, 35 Leominster Road Sawmill Operation 4. Board Meeting Date 5. BOARD COMMENT 6. PUBLIC COMMENT 7. 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. 8. ADJOURNMENT Agenda/2013/03.16.13 ======================================================================================== DOCUMENT : 2013-03-23-agenda-3690.txt BOARD : planning-board DATE : 2013-03-23 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2013-03-23-agenda-3690.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_03232013-3690 ======================================================================================== ===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 Nathan J. Lockwood, Mbr. Lunenburg, MA 01462 Marion M. Benson, Planning Director NOTICE OF MEETING Saturday, March 23, 2013 – 1:00 PM Town Hall, 17 Main Street Lunenburg, MA AGENDA 1. ROLL CALL 2. 1:00 PM- PUBLIC HEARING (continuation)- Aro Estates 1- 10, Howard Street 3. 3:00 PM- PUBLIC HEARING (continuation) 35 Leominster Road Sawmill Operation Findings and Directives 4. Board Meeting Dates 5. BOARD COMMENT 6. PUBLIC COMMENT 7. 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. 8. ADJOURNMENT Agenda/2013/03.23.13 ======================================================================================== DOCUMENT : 2013-03-23-agenda-3736.txt BOARD : planning-board DATE : 2013-03-23 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2013-03-23-agenda-3736.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_03232013-3736 ======================================================================================== ===PAGE 1=== Planning Board Meeting- Aro Estates On Howard Street PL_BD_MINUTES_03.23.13_ARO_ESTATES.PDF 1. Documents: ======================================================================================== DOCUMENT : 2013-03-23-minutes-3690.txt BOARD : planning-board DATE : 2013-03-23 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2013-03-23-minutes-3690.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_03232013-3690 ======================================================================================== ===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 Nathan J. Lockwood, Mbr. Lunenburg, MA 01462 Marion M. Benson, Planning Director Minutes Public Hearing (continuation) 35 Leominster Road March 23, 2013 Meeting Posted: Yes Place: Town Hall, 17 Main Street, Lunenburg, MA 01462 Time: 3:05 PM Present: Emerick R. Bakaysa, Joanna L. Bilotta-Simeone, Nathan J. Lockwood, Marion M. Benson Chair opened the Public Hearing continuation for review of Draft Findings and Directives for a Special Permit under Section 4.2., Subsection 4.2.3.4. of the Protective Bylaw of the Town of Lunenburg. The Special Permit is for 35 Leominster Road for a saw mill operation and workshop. Owner is Lunenburg Realty, 12 Brook Street, Wellesley, MA 02482. Applicant is Brian Brown, 35 Leominster Road, Lunenburg, MA 01462. Mr. Bodkin Jr. recused himself from the Hearing. As the Findings are in draft format, they were not read into record. Board reviewed draft Findings and found them to be complete. Christine Higdon, 83 Lancaster Avenue - did not hear a Finding noting that some abutters felt the Special Permit should not be issued. Only heard a Finding noting abutters’ requests for restrictions to the Special Permit. Feels the Special Permit should not be considered. Mr. Bakaysa noted Fin dings will be revised to note that some abutters felt the Special Permit should not be issued. He also noted that a sawmill operation can be permitted under the Zoning Bylaw, but the Board is not obligated to issue one. Mr. Bakaysa noted a letter present ed at this continuation ; “We, the undersign ed, are opposed to increasing and expanding the existing business of Brian Brown, 35 Leominster Rd. We are very concerned about significant increases in noise, dust, odor, possible carcinogens, air pollution, truck traffic and safety issues, and the disruption caused to a dense residential neighborhood. We are also very concerned about the serious impact to the historic district and the valuation of abutting properties. We be lieve that there are sufficient reasons NOT to grant a special permit for a sawmill.” The above letter contained 13 signatures. Mr. Bakaysa read draft Directives into record. 1. The Applicant shall follow the Directives stated in the Lunenburg Zoning Bylaw, Section 4.2.3. Uses Permissible by Special Permit Granted by the Planning Board, Sub-Section 4.2.3.4. noting sawmills are permissible by Special Permit. a) Vehicles and equipment in connection with the use are parked behind the setbacks. b) Buffer are provided for the storage of materials and equi pment and related to above uses and located to limit adverse impact on adjacent properties. c) In addition to the conditions of Section 6.5. Signs, and Section 6.6. Performance Standards, the hours of operation, decibel levels, signs may be further conditions of the permit. ===PAGE 2=== Minutes 35 Leominster Road Public Hearing (continuation) 03.23.13 Pg 2 2. The Applicant shall follow the conditions for a Special Permit designated by the Lunenburg Fire Chief according to the Fire Safety Code relating to Forest Products, Regulation 527CMR as follows: a) A permit to operate from the Fire Department. b) All weather access to be maintained for Fire Apparatus to and from sawmill and barn. c) Surface shall be durable and not subject to unsafe land conditions. Asphalt, graded base or sim ilar solid material shall be used. Said surfaces shall be maintained to allow fire apparatus to turn around in yard or field. d) No yard storage of raw materials or finished product. All materials to be stored within barn. e) Storage of waste materials (bark, sawdust, etc. for use in composting only shall be allowed). Said storage shall not exceed 300 yards. Storage shall be neat and orderly. If piled, pile shall have minimum 23 ft. clearance from structures or nearby combustible material. f) Current accumulations of waste materials to be removed. No more than six (6) months to remove current waste materials. g) General area to be kept free from weeds, grass, etc., especially around structures or waste storage area. h) No smoking in sawmill or barn area. i) No burning on site. j) Sawmill, barn and associated structures shall be equipped with suitable fire extinguishers in accordance with NEPA 10. This shall be based on sizes shown on plan, minimum 1 -4A rated extinguisher in each building. k) Suitable notification method for emergencies regarding sawmill. l) A working cell phone with adequate signal in possession of the sawmill operator shall be required. m) Recommendation of a monitored fire alarm system and/or automatic sprinklers for the structure in question. 3. The Applicant shall prove by written notation to the Zoning Officer that all uses shall be in conformance with Regulation 310 CMR 6.00 -7.00 of the Department of Environmental Quality Engineering, Commonwealth of Massachusetts. 4. The Applicant shall prove by written notation to the Zoning Officer that the equipment and instruments will not cause sound, noise, vibration, odor or flashing instruments of more than 80 decibels at 200 feet from the boundaries of the premises. 5. The Applicant shall prove by written notation to the Zoning Officer that business conducted on site will not exceed the established value for odor as outlined in T. M. Hellman F. H. Small, Journal Air Pollution Control Association. 6. The Applicant shall be consistent with the directives in Zoning Bylaw Sub -Section 4.2.3.4 a); all materials, supplies, and equipment shall be stored behind the set back line, be consistent with regulations set forth by the Fire Department and be screened in reasonable fashion from public ways and abutting properties. 7. The Applicant shall provide by written notice to the Zoning Office and the Fire Department, a schedule of trash and debris removal to satisfy the appearance of sightliness relative to the neighborhood and the value of preservation according to a Historic Design Dis trict. The Zoning Officer will monitor the following on a periodic timeline of a monthly basis. A. Piles of unsightly rubbish piles shall be contained and removed. B. Any outside drying of lumber shall be assembled in an orderly fashion. C. All necessary equipment shall be placed on property to reflect limited adverse impact on adjacent properties. 8. The Applicant shall complete construction of barn to house necessary equipment and product by October 31, 2013 as noted in Applicant’s letter of commitment dated February 27, 2013. 9. The Applicant shall regulate traffic in and out of the site by determining and identifying the access and design of the driveway to the Zoning Officer and the Fire Department. A. There shall be no parking of any type of vehicles on Leominster Road. 10. The Applicant shall operate the sawmill only during the hours of 9:00 AM to 5:00 PM, Monday through Friday. A. No operation of sawmill will be conducted on holidays. B. No operation of sawmill shall exceed -----hours per year. 11. The Applicant shall follow the Zoning Sign Bylaw Section 6.5, Sub-Section 6.5.1.2 a) 3. a) One sign for identification of professional and home occupation not exceeding a total area of three (3) square feet. 12. The Applicant shall be cognizance that the attached Special Permit is gra nted to the Applicant and shall not run with the site or land. ===PAGE 3=== Minutes 35 Leominster Road Public Hearing (continuation) 03.23.13 Pg 3 13. The Applicant shall not make any changes or performance to the attached Special Permit without submitting to the Planning Board for an amendment to this Permit. 14. The Applicant shall adhere to the above Directives; if not, this Special Permit as declared by the Building Official, will be revoked. Ms. Bilotta -Simeone noted to the audience that 90% of what Mr. Brown does fal ls under his Home Occupation. Even if the sawmill operation is not permitted, 90% of what is there will remain. If a Special Permit is put in place, this will give the Building Official/Zoning Officer enforcement authority. The Board discussed the draft Directives with the following comments: Ms. Bilotta-Simeone- f) six months is too long. Mr. Lockwood- e) 300 yards – is this cubic yards? Yes. Attorney Winner suggested a more specific Directive as to height and depth of said storage (concerned with fire). Ms. Bilotta-Simeone- add 15. Stating that within 30 days of the granting of this Special Permit, the yard will be cleaned up. Mr. Bakaysa noted need to be specific – what does “clean” mean? Mr. Lockwood- 7.B. – note that this is while barn being built – once built, lumber will be moved into barn. Ms. Benson - 10.B. – Mr. Brown noted he would need 350 hours/year. Board needs to determine how to set limits – yearly, monthly, weekly? Mr. Bakaysa asked for Attorney Winner’s input. Attorney Winner inqu ired as to how Board will oversee. Board noted Mr. Brown will provide documentation to Building Official. The sawmill has a counter on it. Building Official can validate counter. Mr. Lockwood- 350 hours/year is too much given his historic usage. 240 should be sufficient. Ms. Benson inquired of Counsel if conditions can be imposed that undermine the operation . Attorney Winner – yes, but Mr. Brown can appeal and challenge as an unreasonable condition. Mr. Bakaysa feels this is an accessory use to th e Home Occupation (will be noted in Directives) and should be limited to number of hours required for him to conduct his Home Occupation of manufacture of furniture. Board consensus was for 200 hours/year. Also change hours of operation from 9 to 3. Add Directive that states there must be a mechanism that provides restricted access when not in use. Board wanted to Change 14. to read “…cease and desist, and/or revoked”. Attorney Winner noted revoking a special permit is very problematic. It is not covered in the Zoning Act. There is no case law allowing a Planning Board to revoke a special permit. He suggested, “Any violations of this order shall be addressed by the Zoning Official through appropriate legal means ”. He also noted the Board cannot negate the Permit as noted in Directive 12. Special Permits are recorded and run with the land. Put in a lapse and renewal requirement; e.g., “The permit shall lapse after two years, and is subject to ren ewal by the Planning Board on application of the property owner”. Mr. Bakaysa suggested Permit to be renewed annually for the first three years, and then after three years, it could be issued for a two -year period, pending feedback from the Zoning Official as to Mr. Brown’s compliance with the Directives. The Board could also solicit neighborhood feedback before renewal. Delete 12. and 14. – put in renewal clause instead. Mr. Lockwood- 4. – noise – Ms. Benson referred to OSHA’s daily permissible noise level is 8 hours a day at 90 decibels. Both Mr. Bak aysa and Mr. Lockwood want closer review. Ms. Benson r eferred to 6.6. Performance Standards, SubSection 6.6.3. Noise. Mr. Bakaysa wants to know most noise restriction that can be put on at the boundary line. More research needed. An abutter requested time restriction for truck deliveries – possibly 10 to 1 – while children are in school. Individuals listed below are in opposition. Individuals’ comments are on the DVD filed in the Planning Office. Gare Thompson, 10 Whiting Street John Murphy, 125 Lancaster Avenue John and Bonnie Reynolds, 91 Lancaster Avenue Tom Alonzo, 284 Lancaster Avenue Tom Mulholland, 2 Leominster Road Al and June Dettenrieder, 72 Lancaster Avenue ===PAGE 4=== Minutes 35 Leominster Road Public Hearing 03.23.13 Pg 4 Mr. Bakaysa inquired of T own Counsel, within how many dates from application does the Board have to approve a special permit. Attorney Winner believes the public hearing must be held within 60 days of the application, and then the Board must issue its decision within 90 days after a hearing has closed. Board will open hearing Monday night for purpose of giving date of continuation and then adjourn hearing. Ms. Bilotta-Simeone, Motion to continue Hearing to March 25, 2013, 6:30 PM , Ritter Memorial Building , Second, Mr. Lockwood, all aye. Adjourned 5:20 PM. Minutes/public hearings 2013/35 Leominster Road 03.23.13 ======================================================================================== DOCUMENT : 2013-03-25-agenda-3691.txt BOARD : planning-board DATE : 2013-03-25 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2013-03-25-agenda-3691.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_03252013-3691 ======================================================================================== ===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 Nathan J. Lockwood, Mbr. Lunenburg, MA 01462 Marion M. Benson, Planning Director NOTICE OF MEETING Monday, March 25, 2013 – 6:30 PM Ritter Memorial Building, 960 Massachusetts Avenue Lunenburg, MA AGENDA 1. ROLL CALL 2. MINUTES APPROVAL: 2-25-13 2-25-13 ATT Chase Road, Public Hearing 2-25-13 ATT 2005 Mass Ave, Public Hearing 2-25-13 35 Leominster Road, Public Hearing 2-27-13 Aro Estates, Public Hearing 3-4-13 Aro Estates, Public Hearing 3-4-13 3. COMMITTEE REPORTS: MJTC MRPC School Reconfiguration Committee Capital Planning Committee 4. OLD BUSINESS: APR (Agricultural Preservation Restriction) Applications- Status a. Mario Lanni, Lanni Orchards, 294 Chase Rd b. Daniel & Kathleen M. Pierce, Pierce Farm, 490 Chase Rd 5. PLANNING DIRECTOR’S REPORTS/NEW BUSINESS: DEVELOPMENT STATUS REPORTS- MRPC a. Economic Development Element of the Master Plan b. District Local Technical Assistance Program (DLTA) c. Planning Board as Master Planning Committee Certificate of Compliance – 2012 – Smart Growth Zoning District Grease Trap Regulation Change Highfield Village a. Sewer Commission b. Draft Environmental Impact Report Asian Imperial a. Parking Aro Estates, Howard Street New England Farms a. Status- Tennessee Gas Requirements b. Proposed Modification Emerald Place at Lake Whalom a. Weekly Update Tri Town Landing, Youngs Road a. Weekly Update b. Meetings White Tail Crossing a. Street Acceptance ’35 Leominster Road a. Findings and Directives Master Planning Surveys a. Concord b. Westminster Solar Farm, Chase Road 6. NOTICES & COMMUNICATIONS 7. MEETING SCHEDULE: April 8 – Board Meeting, Town Hall April 22 – Board Meeting, Ritter Building April 30 – Town Election, Elementary School, 7:00 AM May 4 – Town Meeting, High School, 9:00 AM 8. MEMBER ISSUES: Discussion for Options of Use for any Town Acquired Property- Member Request ===PAGE 2=== 9. BOARD COMMENT 10. PUBLIC COMMENT 11. 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. 12. ADJOURNMENT Agenda/2013/03.25.13 ======================================================================================== DOCUMENT : 2013-03-25-minutes-3691.txt BOARD : planning-board DATE : 2013-03-25 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2013-03-25-minutes-3691.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_03252013-3691 ======================================================================================== ===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 Nathan J. Lockwood, Mbr. Lunenburg, MA 01462 Marion M. Benson, Planning Director Minutes March 25, 2013 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 35 Leominster Road- Motion, Ms. Bilotta-Simeone to come out of regular session and enter Public Hearing Continuation for 35 Leominster Road, Second, Mr. Lockwood, Motion passed. Mr. Bodkin Jr. recused himself. Continuation to be held April 8, 2013, 6:30 PM, Town Hall. Motion, Ms. Bilotta -Simeone to recess Continuation and return to regular session, Second, Mr. Lockwood, Motion passed. MINUTES APPROVAL: The following minutes were signed. 2-25-13, Motion to approve, Ms. Bilotta-Simeone, Second, Mr. Lockwood. 2-25-13 ATT Chase Road Public Hearing, Motion to approve, Ms. Bilotta-Simeone, Second, Mr. Lockwood 2-25-13 ATT 2005 Massachusetts Avenue Public Hearing, Motion to approve, Ms. Bilotta-Simeone, Second, Mr. Lockwood 2-25-13 35 Leominster Road Public Hearing Continuation, Motion to approve, Ms. Bilotta-Simeone, Second, Mr. Lockwood 2-27-13 Aro Estates Public Hearing, Motion to approve, Ms. Bilotta-Simeone, Second, Mr. Lockwood 3-4-13 Aro Estates Public Hearing, Motion to approve, Ms. Bilotta-Simeone, Second, Mr. Lockwood 3-4-13 Motion to approve, Ms. Bilotta-Simeone, Second, Mr. Lockwood COMMITTEE REPORTS: MJTC- Workshop held in place of scheduled meeting last week. Discussion of TIP (Transportation Improvement Plan) and ongoing projects in surrounding communities. MRPC- Next meeting March 26th. School Reconfiguration Committee - Public envisioning sessions will be held . A White Paper is on file in the Pl anning Office for the future of Thomas C. Passios Elementary School. The Board of Selectmen to decide on bid process. Capital Planning Committee- Ms. Benson, as Capital Planning Committee Chair, noted the FY2014 Capital Plan recommended by the Capital Pla nning Committee at $523,483.00. Plan breakdown on file in Planning Office. Ms. Benson noted some changes made by the Town Manager. Presentation to Finance Committee on March 28 th. APR (Agricultural Preservation Restriction ) - Mr. Lattanzi, representi ng Lunenburg farmers, noted the farmers do not have any formal representation. He is looking to the Board for its support on a Right to Farm Bylaw and the establishment of an Agricultural Commission. Commission will be appointed by the Board of Selectmen . Motion, Ms. Bilotta-Simeone to support the establishment of an Agricultural Commission in the Town of Lunenburg, Second, Mr. Bodkin Jr., Motion passed. APR Application Status, 294 Chase Road and 490 Chase Road- Negotiations on-going with State. PLANNING DIRECTOR’S REPORTS/NEW BUSINESS/DEVELOPMENT STATUS REPORTS: MRPC- Board has received approval for another DLTA for study of establishment of a Village District Bylaw. Certificate of Compliance, 2012, Smart Growth Zoning District - Town received FY 2012 Certificate of Compliance for Tri Town Landing Smart Growth District. ===PAGE 2=== Planning Board minutes 03.25.13 Page 2 Grease Trap Regulation Change- Noted updated Grease Trap Regulations from the Sewer Commission. Highfield Village, Northfield Road - Planning Director c opied on Sewer Commission letter dated March 7, 2013 to Mr.Godfrey notifying him that the five year extension for sewer allocation expired May 30, 2011. The Planning Office received the Draft Environmental Impact Report on March 12, 2013. The Planning Board extension expires March 30, 2013. Asian Imperial , Electric Avenue - Parking quota is according to the Plan, but is insufficient. Applicant hoping to acquire additional abutting land for parking. Additional signage will be put in place to preclude unauthorized vehicles from entering through the Massachusetts Avenue emergency ingress/egress. Aro Estates, Howard Street- Continuation to be held April 3, 2013, Town Hall, 6:30 PM. Board noted it will not accept any more waiver requests after that date. New England Farms, Leominster-Shirley Road- Plan under review with Jesse Johnson, David Ross Associates. Mr. Johnson feels changes are minor and can be handled administratively. Board will review at its April 8th meeting. Emerald Place at Lake Whalom- Noted weekly progress report. Tri Town Landing, Youngs Road- Noted weekly progress report. White Tail Crossing- Mr. Proctor (developer) looking for street acceptance at May 2013 Town Meeting. As Built was reviewed by Jesse Johnson, David Ross A ssociates; it did not meet Plan specifications. Review noted issues that need resolution prior to acceptance at a town meeting. Mr. Proctor now hopes to go before a fall town meeting. Mr. Bakaysa inquiring if project is b uilt out. Master Planning Surveys- Noted surveys received from Concord and Westminster. Solar Farm, Chase Road - Ms. Benson noted newspaper article which states MASS PV1 is looking to sell the property. Question is will the Plan remain the same? MEETING SCHEDULE: April 3 – Aro Estates Hearing Continuation, 6:30 PM, Town Hall April 8 – Discussion ensued. Agenda to contain only critical items. As noted on Page 1, “35 Leominster Road”, Board vote was taken for Continuation to be held April 8, 2013, 6:30 PM. As Mr. Bodkin Jr. will b e recusing himself, it was decided to hold the regular meeting from 6:30 – 7:15 PM, followed by the Continuation. Both to be held at Town Hall. Board requested first draft of Findings and Directives for Aro Estates be available at this meeting. April 22 – Board Meeting, Ritter Memorial Building April 30 – Town Election, Elementary School, 7:00 AM May 4 – Town Meeting, High School, 9:00 AM Mr. Lockwood requesting a meeting is scheduled with the Board and Town Counsel during the week of April 8th for discussion of Aro Estates. Mr. Bakaysa inquiring if the Mullin Rule applies only to public hearings, or does it also pertain to regular Board meetings. Meeting date TBD. CITIZEN COMMENT: Mr. John Whalen inquired as to impact on water table if Aro Estates is developed. Ms. Benson will inquire of Jesse Johnson. BOARD COMMENT: Mr. Lockwood inquired if Board members want more information regarding the options available for the schools, the method of bidding, or the future of Passios. Board would like more information as to what would happen to Thomas Passios and the High School if a new school is built , where would the new campus be, who would be responsible for demolition costs of the existing High School? Mr. Lockwood suggested Ms. Benson get listing of O ptions from School Superintendent Ms. Calmes and forward on to Board members. ADJOURNMENT: Motion to adjourn, Ms. Bilotta-Simeone, Second, Mr. Bodkin Jr., Adjourned 8:55 PM. Minutes/2013/03.25.13 ======================================================================================== DOCUMENT : 2013-04-03-agenda-3692.txt BOARD : planning-board DATE : 2013-04-03 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2013-04-03-agenda-3692.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_04032013-3692 ======================================================================================== ===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 Nathan J. Lockwood, Mbr. Lunenburg, MA 01462 Marion M. Benson, Planning Director NOTICE OF MEETING Wednesday, April 3, 2013 – 6:30 PM Ritter Memorial Building, 960 Massachusetts Avenue Lunenburg, MA AGENDA 1. ROLL CALL 2. 6:30 PM- PUBLIC HEARING (continuation)- Aro Estates 1- 10, Howard Street 3. BOARD COMMENT 4. PUBLIC COMMENT 5. 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. 6. ADJOURNMENT Agenda/2013/04.03.13 ======================================================================================== DOCUMENT : 2013-04-03-minutes-3692.txt BOARD : planning-board DATE : 2013-04-03 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2013-04-03-minutes-3692.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_04032013-3692 ======================================================================================== ===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 Nathan J. Lockwood, Mbr. Lunenburg, MA 01462 Marion M. Benson, Planning Director Minutes Public Hearing (Continuation) Aro Estates, Howard Street April 3, 2013 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 Also present: Town Counsel Attorney Joel Bard and Robert Oliva of David Ross Associates Chair Bakaysa opened the hearing continuation for Aro Estates. The initial hearing was held on January 30, 2013, continuatio ns held on February 13th, February 27th; March 4th, March 16th, March 23rd, and continued to this date. Wesley Flis, Whitman & Bingham Associates, represent ing the Applicant, presented a waiver letter for Aro Estates 8 from Rules and Regulations Governing the Subdivision of Land, Section 4.10.4.6. “At least three (3) feet of cover will be required over all drains unless otherwise specified or approved by the Board.”. Motion made, Ms. Bilotta-Simeone to accept Waiver, Second, Mr. Bodkin Jr., Roll Call Vote, Mr. Lockwood, aye; Mr. Bodkin Jr., aye; Ms. Bilotta -Simeone, aye; Mr. Bakaysa, aye. Waiver accepted. An in house mee ting was held this date with the Applicant, Project Engineer, Reviewing Engineer and Planning Director. As a result of that meeting and J. Johnson’s review letter dated March 29, 2013, some changes will be made to the Plans. Changes to drainage calculations will be made. (Review letter on file in the Planning Office.) Rennie and Anne Shattuck, 396 Howard Street - Concerned with stormwater drainage onto their property. Mr. Flis noted there will be a decrease to runoff into their property. Mr. Oliva will note concern to J. Johnson and get input. Applicant’s attorney Mark Johnson noted meetings taking place (this is a civil matter) between Mr. O’Brien’s attorney and the Shattuck’s attorney. Hearing will continue to Wednesday, April 10, 2013 , Ritter Memorial Building, 6:30 PM. Motion made, Mr. Bodkin Jr. , Second, Ms. Bilotta-Simeone, Motion passed. (Town Counsel Attorney Brian Winner to attend.) After the 10th, Town Counsel anticipates working on preparing a draft Decision. Applicant and Board agreed on an extension for final action to April 30, 2013. Extension will be filed with the Town Clerk. Board meetings will be scheduled for Saturday, April 13, 2013, 9:00 AM, Town Hall and Monday, April 22, 2013, 6:30 PM, Town Hall. Only agenda item will be Aro Estates Subdivisions 1 – 10. (Town Counsel Attorney Joel Bard to attend.) Motion to adjourn, Mr. Bodkin Jr., Second, Ms. Bilotta-Simeone, Adjourned 7:25 PM. Minutes/2013/04.03.13 ======================================================================================== DOCUMENT : 2013-04-08-agenda-3693.txt BOARD : planning-board DATE : 2013-04-08 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2013-04-08-agenda-3693.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_04082013-3693 ======================================================================================== ===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 Nathan J. Lockwood, Mbr. Lunenburg, MA 01462 Marion M. Benson, Planning Director NOTICE OF MEETING Monday, April 8, 2013 – 6:30 PM Town Hall, 17 Main Street Lunenburg, MA AGENDA 1. ROLL CALL 2. MINUTES APPROVAL: 3-16-13 3-23-13 35 Leominster Road, Public Hearing 3-23-13 Aro Estates, Public Hearing 3-25-13 4-3-13 Aro Estates, Public Hearing Release of previously approved Executive Minutes 3. COMMITTEE REPORTS: School Reconfiguration Committee Capital Planning Committee 4. OLD BUSINESS: 5. PLANNING DIRECTOR’S REPORTS/NEW BUSINESS: DEVELOPMENT STATUS REPORTS- Agricultural Commission MRPC a. District Local Technical Assistance Program (DLTA) Contract Highfield Village a. Sewer Commission b. Draft Environmental Impact Report c. Extension Aro Estates, Howard Street New England Farms a. Status- Tennessee Gas Requirements b. Proposed Modification White Tail Crossing a. Street Acceptance 6. 7:15 PM- PUBLIC HEARING Continuation 35 Leominster Road 7. NOTICES & COMMUNICATIONS 8. MEETING SCHEDULE: April 10 - Aro Estates Hearing (Cont’d), Ritter Building, 6:30 PM April 13 - Board Meeting, Agenda- Aro Estates, Town Hall, 9:00 AM April 22 – Board Meeting, Agenda- Aro Estates, Town Hall, 6:30 PM April 30 – Town Election, Elementary School, 7:00 AM May 4 – Town Meeting, High School, 9:00 AM 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 Agenda/2013/04.08.13