# planning-board — 31 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 : 2013-04-08-minutes-3693.txt BOARD : planning-board DATE : 2013-04-08 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2013-04-08-minutes-3693.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_04082013-3693 ======================================================================================== ===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 April 8, 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, Nathan J. Lockwood, Marion M. Benson Absent: Thomas W. Bodkin Jr. MINUTES APPROVAL: The following minutes were signed. 3-16-13, Motion to approve, Ms. Bilotta-Simeone, Second, Mr. Lockwood. 3-23-13, 35 Leominster Road Public Hearing, Motion to approve, Ms. Bilotta-Simeone, Second, Mr. Lockwood 3-23-13, Aro Estates Public Hearing, Motion to approve, Ms. Bilotta-Simeone, Second, Mr. Lockwood 3-25-13, Motion to approve, Ms. Bilotta-Simeone, Second, Mr. Lockwood 4-3-13, Aro Estates Public Hearing, Motion to approve, Ms. Bilotta-Simeone, Second, Mr. Lockwood Release of previously approved Executive Minutes, Motion to approve, Ms. Bilotta-Simeone, Second, Mr. Lockwood COMMITTEE REPORTS: School Reconfiguration Committee - Televised meeting to be held at Town Hall, April 10, 2013 to discuss preferred Options. The Committee-preferred three Options have been sent to MSBA (Massachusetts School Building Authority) ; they are 1) 9-12 new build, 2) 6-12 new build, and 3) 6-12 addition/renovation. The “educators” prefer a 6-12 new build. Capital Planning Committee - Ms. Benson, as Capital Planning Committee Chair, noted some changes made by the Town Manager, which have been discussed at Finance Committee meetings. PLANNING DIRECTOR’S REPORTS/NEW BUSINESS/DEVELOPMENT STATUS REPORTS: Agricultural Commission - Board of Selectmen approved development of a commission as a Warrant Article for May 2013 Town Meeting. The Right To Farm Bylaw will not be presented at May 2013 Town Meeting. Commission will be under the Town Bylaws and the Right To Farm will be under the Zoning Bylaws. MRPC- Board has received MRPC contract approval for economic section of the Master Plan. Once Board reviews, Contract will then go to Board of Selectmen for signature. Highfield Village, Northfield Road - Planning Director noted Sewer Commission letter (on file in Planning Office) to EOEA (Executive Office of Energy and Environmental Affairs) dated April 5, 2013, which discusses the Draft Environmental Impact Report submitted by the Applicant. Ms. Bilotta-Simeone noted a workshop will be held with the Board of Selectmen and Sewer Commission on April 9, 2013 regarding a new Fitchburg IMA (Intermunicipal Agreement) to secure up to an additional 70,000 gpd (gallons per day) which is intended to include this project’s needs. Ms. Bilotta -Simeone made Motion to extend Highfield Village’s Planning Board extension to July 1, 2013, pending outcome of workshop noted above and the Fitchburg IMA, Second, Mr. Lockwood, Motion passed. Aro Estates, Howard Street- Hearing Continuation to be held April 10, 2013, Ritter Memorial Building, 6:30 PM New England Farms, Leominster-Shirley Road- Plan being revised per Conservation Commission input. Once revised, will be reviewed with Jesse Johnson, David Ross Associates. White Tail Crossing- There are issues that need resolution prior to road acceptance at a town meeting. Tabled at Ms. Benson’s request. ===PAGE 2=== Planning Board minutes 04.08.13 Page 2 MEETING SCHEDULE: April 10 – Aro Estates Hearing (Cont’d), Ritter Building, 6:30 PM April 13 – Board Meeting, Agenda item– Aro Estates, Town Hall, 9:00 AM April 22 – Board Meeting, Agenda item- 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 Motion, Ms. Bilotta -Simeone to close the regular meeting, open the 35 Leominster Road Public Hearing Continuation, not to return to regular session, Second, Mr. Lockwood, Motion passed. Regular meeting closed at 7:05 PM. 7:15 PM- PUBLIC HEARING Continuation, 35 Leominster Road- See separate minutes Minutes/2013/04.08.13 ======================================================================================== DOCUMENT : 2013-04-10-agenda-3694.txt BOARD : planning-board DATE : 2013-04-10 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2013-04-10-agenda-3694.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_04102013-3694 ======================================================================================== ===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 10, 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. Aro Estates Subdivisions 1 – 10 Draft Findings and Directives 6. 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. 7. ADJOURNMENT Agenda/2013/04.10.13 ======================================================================================== DOCUMENT : 2013-04-10-agenda-3734.txt BOARD : planning-board DATE : 2013-04-10 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2013-04-10-agenda-3734.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_04102013-3734 ======================================================================================== ===PAGE 1=== Planning Board Meeting- Aro Estates On Howard Street PL_BD_MINUTES_04.10.13_ARO_ESTATES.PDF 1. Documents: ======================================================================================== DOCUMENT : 2013-04-13-agenda-3695.txt BOARD : planning-board DATE : 2013-04-13 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2013-04-13-agenda-3695.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_04132013-3695 ======================================================================================== ===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, April 13, 2013 – 9:00 AM Town Hall, 17 Main Street Lunenburg, MA REVISED AGENDA 1. ROLL CALL 2. 9:00 AM- PUBLIC HEARING (continuation)- Aro Estates Subdivisions 1- 10, Howard Street 3. Draft Findings and Directives 4. BOARD COMMENT 5. PUBLIC COMMENT 6. 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. 7. ADJOURNMENT Agenda/2013/04.13.13 ======================================================================================== DOCUMENT : 2013-04-13-minutes-3695.txt BOARD : planning-board DATE : 2013-04-13 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2013-04-13-minutes-3695.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_04132013-3695 ======================================================================================== ===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 April 13, 2013 Meeting Posted: Yes Place: Town Hall, 17 Main Street, Lunenburg, MA 01462 Time: 9:00 AM Present: Emerick R. Bakaysa, Joanna L. Bilotta-Simeone, Thomas W. Bodkin Jr., Nathan J. Lockwood, Marion M. Benson Also present: Town Counsel Attorney Brian Winner and Jesse Johnson of David Ross Associates Motion to go into Hearing continuation, Ms. Bilotta-Simeone, Second, Mr. Bodkin Jr., Motion passed. Aro Estates Subdivisions 1 – 10, Hearing Continuation- See separate minutes. Adjourned 12:25 PM Minutes/2013/04.13.13 ======================================================================================== DOCUMENT : 2013-04-20-agenda-3696.txt BOARD : planning-board DATE : 2013-04-20 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2013-04-20-agenda-3696.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_04202013-3696 ======================================================================================== ===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, April 20, 2013 – 9:00 AM Town Hall, 17 Main Street Lunenburg, MA AGENDA 1. ROLL CALL 2. 9:00 AM- PUBLIC HEARING (continuation)- Aro Estates Subdivisions 1- 10, Howard Street 3. Draft Findings and Directives 4. BOARD COMMENT 5. PUBLIC COMMENT 6. 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. 7. ADJOURNMENT Agenda/2013/04.20.13 ======================================================================================== DOCUMENT : 2013-04-20-minutes-3696.txt BOARD : planning-board DATE : 2013-04-20 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2013-04-20-minutes-3696.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_04202013-3696 ======================================================================================== ===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 20, 2013 Meeting Posted: Yes Place: Town Hall, 17 Main Street, Lunenburg, MA 01462 Time: 9:00 AM 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 Chair Bakaysa opened the hearing continuation for Aro Es tates. The initial hearing was held on January 30, 2013, continuations held on February 13th, February 27th; March 4th, March 16th, March 23rd, April 3rd, April 10th, April 13th, and continued to this date. Attorney Mark Johnson, representing the Applicant, provided the following documents: Whitman & Bingham Associates memorandum dated April 20, 2013, regarding drainage easements (on file in Planning Office). Johnson & Borenstein, LLC, letter dated April 19, 2013, regarding same. Discussed at the last c ontinuation was the process freeze regarding 40,000 versus 80,000 square feet. Attorney Johnson again opined that the 40,000 should apply. He referred to a January 24, 2013 In House Tech Meeting in which he thought the Building/Zoning Official gave his o pinion regarding the zoning freeze. He made reference to Highfield Village, which has been receiving Extension App rovals from the Planning Board for a number of years. Mr. Lockwood commented that the Highfield Village Extensions are not the same as the z oning freeze in question. Attorney Bard noted the zoning freeze question is a Planning Board decision. It is up to the Board whether or not to request input from the Building/Zoning Official. Wesley Flis, Whitman & Bingham Associates, representing the Applicant noted Jesse Johnson’s review letter dated April 18, 2013 (on file in Planning Office) . In Mr. Flis’s opinion, the submittal is now complete as a result of addressing J. Johnson’s review comments. J. Johnson concurred. Applicant to provide a f ull size copy of Construction Details at the April 22 nd continuation. J. Johnson stated that the submittal meets all Massachusetts stormwater guidelines and recommendations. Jamie Rheault, Whitman & Bingham Associates, representing the Applicant, request ed clarification of J. Johnson’s comment that submittal is complete. Mr. Rheault noted that it is common for reviewing and project engineers to converse back and forth to prepare plans for a final sign -off once all information is submitted. Mr. Bakaysa c oncurred; he was verifying with J. Johnson that all information had been submitted. Mr. Rheault noted that early on he had come before the Board to request the attorneys ge t together to understand the process in getting application submitted. Town Counsel Attorney Bard supplied a current DRAFT Decision. The DRAFT Decision references attachments which will be made available for the continuation on April 22 nd. Attorney Bard noted signing the Decisions can be done outside of a regular Board meeting. The Board will hold discussion on Zoning Bylaw Section 5.6. and the zoning freeze at its April 22, 2013 meeting. ===PAGE 2=== Minutes, Public Hearing, Aro Estates, Howard Street April 20, 2013, Page 2 The April 13th Continuation was recessed during discussion of Aro Estates 1. Continued discussion follows beginning with Pg 5., III.6. Parks. Mr. Lockwood proposes 40% set aside for parks. Attorney Bard noted the Subdivision Control Law states that a Board’s Rules and Regulations Governing the Subdivision of Land may require the land be set aside, but not built on for three years. It also states that an applicant cannot be required to give the land to a community as a condition of approval. Atto rney Bard brought up the issue of easements over house lots for playgrounds versus specific property being set aside for parks/playgrounds. J. Johnson noted the Applicant has a mix. Attorney Bard requested correspondence from the Applicant noting locations of parks for incorporation into the ten Decisions. Attorney Johnson stat ed they will submit a letter to the Board on April 22, 2013 stating that the park areas will remain with the subdivisions after the three years. Attorney Johnson noted Pg. 2, I.2. that the transmittal letter was from the Applicant’s Engineer, not the At torney. Possibly dated September 10, 2012, not September 20, 2012. Same in paragraph 3. Revised Plans and drainage calculations submitted by the Applicant for review by J. Johnson. Ms. Benson questioned if lots would come out of square footage com pliance if Town bought park/playground area. Attorney Bard noted this would not change the compliance; Town would be purchasing the easement. Mr. O’Brien noted the reason he is creating a homeowners’ association is for maintenance of the playground area and the detention ponds. He also stated that he has submitted ten separate subdivisions and that each one stands on its own. Attorney Robert Bowen, representing the Applicant , stated that Section 4.5.1. of the Rules and Regulations Governing the Subdivision of Land is optional. The Applicant is voluntarily deciding to set aside park space. Attorney Bard opined that the “optional” is for the park location. Attorney Johnson states that 4.5.1. does not give a standard to design to. Motion, Mr. Bodkin Jr ., to accept the designated park area (Lot D), for Aro Estates 1, even though it does not meet Section 4.5.1., Second, Ms. Bilotta-Simeone for discussion. Mr. Bakaysa is in agreement with Mr. Bodkin Jr. Neither Mr. Lockwood nor Ms. Bilotta-Simeone would accept it as presented. Roll Call Vote- Mr. Lockwood, nay; Mr. Bodkin Jr., aye; Ms. Bilotta -Simeone, nay; Mr. Bakaysa, aye. Motion failed to pass. III. 7. Environmental Impacts - Conservation Commission jurisdiction. Mr. Flis noted to the Board that the Applicant is not comfortable with the wording of 7 , specifically, “…the Planning Board finds that the Applicant’s refusal to address environmental impacts raises further questions which are left unanswered. No work is proposed within the 30 foot No Touch zone. The Applicant feels they met any conservation issues. J.Johnson inquired if any work was proposed within the 100 foot buffer. Mr. Flis responded they will file with the Conservation Commission. Attorney Johnson inquired of the Board if at a ny time they had refused to address environmental impacts. J. Johnson responded that it may be that the Ap plicant did not submit to the Conservation Commission at the same t ime they submitted to the Planning Board. Town Counsel will revise“…the Planning Board finds that the Applicant’s refusal to address environmental impacts raises further questions which are left unanswered.” to read, “ the Planning Board finds that further questions on environmental impact are left unanswered because the referenced information is not available to the Planning Board now.” II.2. Section 3.4.3.12 – notes this was previously waived by the Planning Board III. 8. General – no Board comments. A. Building Department: Mr. O’Brien opined that the Building/Zoning Official stated at the January 24, 2013 Tech Meeting that the Applicant was under a zoning freeze. Attorney Johnson requested that the Tech Meeting minutes be made part of the record before the Hearing is closed. Attorney Bard noted 8.E. which states Tech Memos will be attached to the Decision. Applicant had to file with DEP regarding asbestos removal. E. Attorney Bard suggested that the last two sentences be deleted as the Planning Board does not rely on the Tech Meeting notes. Board concurred. The Board relies on documents it receives and/or live testimony. ===PAGE 3=== Minutes, Public Hearing, Aro Estates, Howard Street April 20, 2013, Page 3 Mr. O’Brien took issue with the fact that the Board did not vote to accept the designated park area for Aro Estates 1 as h e requested at the last continuation that the Board inform him of anything that was still missing from the submittal. He reiterated that this application is not under Section 5.6. of the Zoning Bylaw. B. Mr. Flis noted that the Board of Health was satisf ied with the amount of testing done. If the Board of Health had requested more testing, the Applicant would have done so. D. Mr. Flis requested that a sentence be added to state that at the April 20, 2013 continuation the Reviewing Engineer stated he is satisfied with all information presented to take care of all issues brought up in letters. Attorney Bard noted that default position on Parks is 10% as the vote did not pass. The Applicant inquired if a waiver request from Section 4.5.1. of the Rules and Regulations Governing the Subdivision of Land was brought forth, would the Board reconsider its vote. Motion made, Mr. Lockwood, to set the open space at 40%, Second for discussion, Mr. Bodkin Jr. Mr. Bodkin Jr. not in favor of 40%, possibly 20%. M s. Bilotta-Simeone favors staying with the 10%. After discussion, Mr. Lockwood withdrew his Motion. For Aro Estates 2 through 10, the Board will only note and/or discuss the differences from Aro Estates 1. Aro Estates 2- I.6. – 24.3 acres I.8. – 19 lots I.10. – has access to a public way , Howard Street, by proposed easement over and upon land also currently controlled by the Applicant through and over other proposed “subdivisions” within Aro Estates. III.3. Traffic and Safety. Notes that access is proposed by way of proposed easement and that it is obvious to the Board that this access is meant to be part of the larger comprehensive development of the entire 189 parcel. It goes on to state that the Bo ard would not likely approve such a roadway layo ut as the proposed way is not a sensible means to access this subdivision if it were viewed as an independent subdivision. III.6. Parks. Contained within Aro Estates 2, but shared with Aro Estates 5 by placing easements over privately -owned lots. Motion, Mr. Lockwood, to approve park area as shown in regards to Section 4.5.1. for Aro 2, Second, Mr. Bilotta -Simeone for discussion. Mr. Bodkin Jr. pointed out that this one has easements as opposed to Aro 1 which was free -standing. Roll Call Vote- Mr. Loc kwood, nay; Mr. Bodkin Jr., nay; Ms. Bilotta -Simeone, nay; Mr. Bakaysa, nay. Park area not approved for Aro Estates 2. III.8. Same as noted above for Aro Estates 1. With Board consensus, M s. Paula Bertram, 312 Townsend Harbor Road, came forth to make com ments. In previous continuations, it was stated that subdivision stormwater maintenance comes under DPW maintenance. She noted the Applicant submitted an intensive stormwater p rogram which would require significant Town maintenance. If the project were to be scaled down, the impact to the environment would lessen, and it would also leave more open space. Aro Estates 3- I.6. – 17.7 acres I.8. – 17 lots I.10. – Same as noted above for Aro 2. III.3. Traffic and Safety. Same as noted above for Aro 2. III.6. Parks. Provided by placing by placing easements over privately -owned lots. Motion, Mr. Lockwood, to approve park area as shown in regards to Section 4.5.1. for Aro 3, Second, Mr. Bilotta -Simeone. Roll Call Vote - Mr. Lockwood, nay; Mr. Bodkin Jr. nay; Ms. Bilotta-Simeone, nay; Mr. Bakaysa, nay. Park area not approved for Aro Estates 3. III.8. Same as noted above for Aro Estates 1. ===PAGE 4=== Minutes, Public Hearing, Aro Estates, Howard Street April 20, 2013, Page 4 Aro Estates 4- I.6. – 23.9 acres I.8. – 21 lots I.10. – Same as noted above for Aro 2. III.3. Traffic and Safety . Same as noted above for Aro 2. In addition, that dead -end far exceeds maximum dead -end street established by the Rules and Regulations Governing the Subdivision of Land, although the Board waived that requirement. III.5. Stormwater Management and Drainage. Modify para. 2 to note that the drainage system for Aro Estates 4 has sufficient capacity for the drainage needs of Aro Estates 4. III.6. Parks. Aro Estates 4 shares the pla yground area designated in Aro Estates 2 and has two access easements. Motion, Mr. Lockwood, to approve park area as shown in regards to Section 4.5.1. for Aro 4, Second, M s. Bilotta-Simeone. Roll Call Vote - Mr. Lockwood, nay; Mr. Bodkin Jr. nay; Ms. Bilotta-Simeone, nay; Mr. Bakaysa, nay. Park area not approved for Aro Estates 4. III.8. Same as noted above for Aro Estates 1. Aro Estates 5 I.6. – 19.8 acres I.8. – 20 lots – Mr. Lockwood questioned how there could be 20 lots proposed on 19 .8 acres. D iscussion ensued between Mr. Flis and Mr. Lockwood. Ms. Benson requested Mr. Flis summarize discussion in memorandum to attach to these minutes. I.10. – Modify to add a note at the end that one lot in Aro Estates 5 is shown as part of Aro Estates 1. However , a portion of that lot is needed for construction of the temporary roadway in Aro Estates 1. Accordingly, the lot does not become buildable unt il Aro Estates 5 is built and the temporary access easement for Aro Estates 1 is removed. III.3. Traffic and Safety. Same as noted above for Aro 2. III.6. Parks. Physically located in Aro 4 , but shared with Aro 5 by way of easement . There is also a Town Forest easement. Attorney Bard suggested the motions be fine -tuned as follows: “to approve, pursuant to Section 4.5.1. of the Planning Board Subdivision Rules and Regulations , the park and/or playground area as shown on the Plans for Aro 5 because said park/playground area does not contain 10% of the gross area of the subdivision ”. Motion, Mr. Lockwood, to approve, pursuant to Section 4.5.1. of the Planning Board Subdivision Rules and Regulations, the park and/or playground area as shown on the plans for Aro 5 because said park/playground area does not contain 10% of the gross area of the subdivision, Secon d, Mr. Bodkin Jr., open for discussion. Mr. Bakaysa noted that if denied, it will also deny access to the Town Forest. Roll Call Vote - Mr. Lockwood, nay; Mr. Bodkin Jr., aye; Ms. Bilotta-Simeone, nay; Mr. Bakaysa, nay. Park area not approved for Aro Estates 5. III.8. Same as noted above for Aro Estates 1. Aro Estates 6 I.6. – 20.5 acres I.8. – 16 lots I.10. – Same as noted above for Aro 2. III.3. Traffic and Safety. Same as noted above for Aro 2. III.6. Parks. No physical park – there is a “nature trail”. Motion, Mr. Lockwood, to approve, pursuant to Section 4.5.1. of the Planning Board Subdivision Rules and Regulations , the park and/or playground area as shown on the plans for Aro 6 because said park/playground area does not contain 10% of the gr oss area of the subdivision , Second, Ms. Bilotta -Simeone, Roll Call Vote- Mr. Lockwood, nay; Mr. Bodkin Jr. , nay; Ms. Bilotta -Simeone, nay; Mr. Bakaysa, nay. Park area not approved for Aro Estates 6. III.8. Same as noted above for Aro Estates 1. Aro Estates 7 I.6. – 8.0 acres I.8. – 5 lots I.10. – Same as noted above for Aro 2. III.5. Stormwater Management and Drainage. Modify para. 2 to note that the drainage system for Aro Estates 7 has sufficient capacity for the drainage needs of Aro Estates 7. ===PAGE 5=== Minutes, Public Hearing, Aro Estates, Howard Street April 20, 2013, Page 5 III.6. Parks. Easement provides access to park identified in Aro 1. Motion, Mr. Lockwood, to approve, pursuant to Section 4.5.1. of the Planning Board Subdivision Rules and Regu lations, the park and/or playground area as shown on the plans for Aro 7 because said park/playground area does not contain 10% of the gross area of the subdivision, Second, Mr. Bodkin Jr., Roll Call Vote- Mr. Lockwood, nay; Mr. Bodkin Jr. , nay; Ms. Bilott a-Simeone, nay; Mr. Bakaysa, nay. Park area not approved for Aro Estates 7. III.8. Same as noted above for Aro Estates 1. Aro Estates 8 I.6. – 23.4 acres I.8. – 12 lots I.10. – Same as noted above for Aro 2. III.5. Stormwater Management and Drainage. M odify para. 2 to note that the drainage system for Aro Estates 8 has sufficient capacity for the drainage needs of Aro Estates 8. III.6. Parks. Easement provides access to park identified same as in Aro 6. Motion, Mr. Lockwood, to approve, pursuant to Section 4.5.1. of the Planning Board Subdivision Rules and Regulations, the park and/or playground area as shown on the plans for Aro 8 because said park/playground area does not contain 10% of the gross area of the subdivision, Second, Mr. Bodkin Jr ., for discussion. Mr. Bakaysa inclined to approve as it provide parking and access to the Town Forest. Roll Call Vote - Mr. Lockwood, nay; Mr. Biodkin Jr. aye; Ms. Bilotta-Simeone, nay; Mr. Bakaysa, aye. Motion failed to pass. III.8. Same as noted above for Aro Estates 1. Aro Estates 9 I.6. – 9.6 acres I.8. – 5 lots I.10. – Same as noted above for Aro 2. III.5. Stormwater Management and Drainage. Modify para. 2 to note that the drainage system for Aro Estates 9 has sufficient capacity for the drainage needs of Aro Estates 9. III.6. Parks. None. Motion, Mr. Lockwood, to approve, pursuant to Section 4.5.1. of the Planning Board Subdivision Rules and Regulations, the park and/or playground area as shown on the plans for Aro 9 because said park/playground ar ea does not contain 10% of the gross area of the subdivision , Second, Ms. Bilotta-Simeone, Roll Call Vote- Mr. Lockwood, nay; Mr. Bodkin Jr., nay; Ms. Bilotta-Simeone, nay; Mr. Bakaysa, nay. Park area not approved for Aro Estates 9. III.8. Same as noted above for Aro Estates 1. Aro Estates 10 I.6. – 22.7 acres I.8. – 2 lots I.10. – Same as noted above for Aro 2. III.6. Parks. As it contains only 2 lots, Mr. Bakaysa views this as an ANR Plan and not a subdivision. Attorney Bard noted that the Applicant has applied for subdivision approval and it must be viewed as such. Motion, Mr. Lockwood, to approve, pursuant to Section 4.5.1. of the Planning Board Subdivision Rules and Regulations , the park and/or playground area as shown on the plans for Aro 10 because said park/playground area does not contain 10% of the gross area of the subdivision, Second, Ms. Bilotta-Simeone, Roll Call Vote- Mr. Lockwood, nay; Mr. Bodkin Jr., nay; Ms. Bilotta-Simeone, nay; Mr. Bakaysa, nay. Park area not approved for Aro Estates 10. III.8. Same as noted above for Aro Estates 1. Attorney Johnson requested copies of In House Tech Meetings minutes. Motion, Mr. Lockwood, to continue Hearing to Monday, April 22, 2013, 6:30 PM, Second, Mr. Bodkin Jr., all aye. Hearing recessed at 1:40 PM. Minutes/public hearings 2013/AroEstates.HowardStreeet.04.20.13 ======================================================================================== DOCUMENT : 2013-04-22-agenda-3697.txt BOARD : planning-board DATE : 2013-04-22 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2013-04-22-agenda-3697.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_04222013-3697 ======================================================================================== ===PAGE 1=== LUNENBURG PLANNING BOARD TOWN OF LUNENBURG Emerick R. Bakaysa, Chair Tel: (978) 582-4147 Joanna L. Bilotta-Simeone, Vice Chair Fax: (978) 582-4353 Thomas W. Bodkin Jr., Clk. 960 Massachusetts Avenue Nathan J. Lockwood, Mbr. Lunenburg, MA 01462 Marion M. Benson, Planning Director NOTICE OF MEETING Monday, April 22, 2013 – 6:30 PM Town Hall, 17 Main Street Lunenburg, MA REVISED AGENDA ROLL CALL: 134 Leominster-Shirley Road- Proposed Retail Motor Fuel Outlet- Modification Approval PUBLIC HEARING (continuation)- Aro Estates Subdivisions 1- 10, Howard Street Aro Estates Subdivisions 1-10, Howard Street Draft Findings and Directives BOARD COMMENT PUBLIC COMMENT EXECUTIVE SESSION: In accordance with M.G.L. Chapter 39, §23B(3) for t he 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 litiga tion position. ADJOURNMENT Agenda/2013/04.22.13revised ======================================================================================== DOCUMENT : 2013-04-22-agenda-3733.txt BOARD : planning-board DATE : 2013-04-22 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2013-04-22-agenda-3733.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_04222013-3733 ======================================================================================== ===PAGE 1=== Planning Board Meeting- Aro Estates On Howard Street1. ======================================================================================== DOCUMENT : 2013-04-22-minutes-3697.txt BOARD : planning-board DATE : 2013-04-22 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2013-04-22-minutes-3697.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_04222013-3697 ======================================================================================== ===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 April 22, 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 134 Leominster Shirley Road, Proposed Retail Motor Fuel Outlet - Modification Approval- Previously approved Plan had to be modified due to request of Tennessee Gas for developer to remove all drainage infrastructure out of the Tennessee Gas right - of-way. Jesse Johnson, David E. Ross Associates, reviewed modified plan; it met all stormwater guidelines. All changes were underground. Motion, Ms. Bilotta -Simeone, to approve Modification for 134 Leominster Shirley Road, Second, Mr. Bodkin Jr., Roll Call Vote- Mr. Lockwood, aye; Mr. Bodkin Jr., aye; Ms. Bilotta-Simeone, aye; Mr. Bakaysa, aye. Motion, Ms. Bilotta-Simeone, to enter into Public Hearing for Aro Estates, S econd, Mr. Bodkin Jr., Roll Call Vote - Mr. Lockwood, aye; Mr. Bodkin Jr., aye; Ms. Bilotta-Simeone, aye; Mr. Bakaysa, aye. PUBLIC HEARING (continuation)- Aro Estates Subdivisions 1 – 10, Howard Street- see separate minutes Aro Estates Subdivisions 1 -10, Howard Street - Draft Findings and Directives - Board discussion ensued. Ms. Bilotta - Simeone, Mr. Lockwood, and Mr. Bakaysa all opined that the 80,000 square foot lot size applied. Mr. Bodkin Jr. felt that in its entirety it violated Section 5.6. of the Zo ning Bylaw , yet each subdivision should be looked at individually. Mr. Bakaysa suggested the Board put aside Section 5.6. and look at the individual subdivisions. The court case was dismissed in December 2011. As the Applicant did not file the new app lication until several months ha d elapsed, Attorney Bard questioned if that was considered a reasonable time. Motion, Ms. Bilotta-Simeone, to not approve plan based on Section 5.6. and the requirement of 80,000 square foot lot area as it applies to the ov erall plan , Second, Mr. Lockwood . O pen for discussion. Mr. Lockwood asked Attorney Bard for process if litigation ensues, and the courts decide in favor of the Applicant. It would probably be remanded back to the Board with “direction” to approve based on the court’s ruling. Mr. Bakaysa opined that each subdivision had to be viewed individually before a decision could be made on 80,000 versus 40,000 square feet. Attorney Bard noted that the 8-year zoning freeze begins when the Board endorses the plan. Vote was taken on Ms. Bilotta -Simeone’s aforementioned Motion. Mr. Lockwood, nay ; he wanted to discuss each subdivision individually. Mr. Bodkin Jr., was of the same opinion as Mr. Lockwood . Ms. Bilotta -Simeone withdrew Motion. Motion, Ms. Bilotta-Simeone to deny Aro Estates 1 based on violation of Section 5.6. of the Zoning Bylaw , failure to meet the 80,000 square foot lot area requirement , and as further described in the Decision denying approval of definitive subdivision Aro Estates 1 . Mr. Bodkin Jr. amended Motion to apply the 40,000 square feet instead of the 80,000 square feet, Second, Mr. Lockwood, Roll Call Vote- Mr. Lockwood, nay; Mr. Bodkin Jr., aye; Ms. Bilotta-Simeone, nay; Mr. Bakaysa, nay. Amended Motion did not pass. ===PAGE 2=== Minutes, 04-22-13 Page 2 Board voted on aforementioned Motion of Ms. Bilotta -Simeone, Second, Mr. Lockwood, Roll Call Vote - Mr. Lockwood, aye; Mr. Bodkin Jr., nay; Ms. Bilotta-Simeone, aye; Mr. Bakaysa, aye. Motion, Mr. Lockwood, to deny Aro Estates 2 based on the dr aft Decision, which include, 40/80, Section 5.6., and supporting details, Second, Ms. Bilotta -Simeone, Roll Call Vote - Mr. Lockwood, aye; Mr. Bodkin Jr., aye; Ms. Bilotta -Simeone, aye; Mr. Bakaysa, aye. Motion, Mr. Lockwood, to deny Aro Estates 3 based on the draft Decision, which include, 40/80, Section 5.6., and supporting details, Second, Mr. Bodkin Jr., Roll Call Vote- Mr. Lockwood, aye; Mr. Bodkin Jr., aye; Ms. Bilotta -Simeone, aye; Mr. Bakaysa, aye. Motion, Ms. Bilotta-Simeone to deny Aro Estates 4 based on violation of Section 5.6. of the Zoning Bylaw and failure to meet the 80,000 square foot lot area requirement and as further described in the Decision denying approval of definitive subdivision Aro Estates 4, Second, Mr. Bodkin Jr., Roll Cal l Vote - Mr. Lockwood, aye; Mr. Bodkin Jr., nay; Ms. Bilotta -Simeone, aye; Mr. Bakaysa, aye. Motion, Ms. Bilotta -Simeone to deny Aro Estates 5 based on the draft Decision, which include, 40/80, Section 5.6., and supporting details, Second, Mr. Lockwood, Roll Call Vote- Mr. Lockwood, aye; Mr. Bodkin Jr., aye; Ms. Bilotta -Simeone, aye; Mr. Bakaysa, aye. Motion, Ms. Bilotta-Simeone to deny Aro Estates 6 based on the same criteria as Aro Estates 5, Second, Mr. Lockwood, Roll Call Vote-, Mr. Lockwood, aye; Mr. Bodkin Jr., aye; Ms. Bilotta-Simeone, aye; Mr. Bakaysa, aye. Motion, Mr. Bodkin Jr., to deny Aro Estates 7 for reasons set forth in the draft Decision, Second, Ms. Bilotta -Simeone, Roll Call Vote- Mr. Lockwood, aye; Mr. Bodkin Jr., aye; Ms. Bilotta-Simeone, aye; Mr. Bakaysa, aye. Motion, Mr. Bodkin Jr., to deny Aro Estates 8 for reasons set forth in the draft Decision, Second, Ms. Bilotta -Simeone, Roll Call Vote- Mr. Lockwood, aye; Mr. Bodkin Jr., aye; Ms. Bilotta-Simeone, aye; Mr. Bakaysa, aye. Motion, Ms. Bilotta-Simeone, to deny Aro Estates 9 for reasons set forth in the draft Decision, Second, Mr. Lockwood, Roll Call Vote- Mr. Lockwood, aye; Mr. Bodkin Jr., aye; Ms. Bilotta-Simeone, aye; Mr. Bakaysa, aye. Motion, Ms. Bilotta-Simeone, to deny Aro Estates 10 for reasons set forth in the draft Decision, Second, Mr. Bodkin Jr., Roll Call Vote- Mr. Lockwood, aye; Mr. Bodkin Jr., aye; Ms. Bilotta-Simeone, aye; Mr. Bakaysa, aye. Mr. Bodkin Jr. stated that in above votes, he was in agreement ex cept for his previously stated opinion that 40,000 square feet should apply. Attorney Bard will make the necessary changes to the Decisions, email to Ms . Benson for Board signatures and filing with the Town Clerk’s office. The Board expressed its appreciation to Mr. Bodkin Jr., noting this will be his last Board meeting. Motion, Ms. Bilotta-Simeone to adjourn, Second, Mr. Bodkin Jr., adjourned 9:30 PM. Minutes/2013/04.22.13 ======================================================================================== DOCUMENT : 2013-04-24-agenda-3698.txt BOARD : planning-board DATE : 2013-04-24 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2013-04-24-agenda-3698.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_04242013-3698 ======================================================================================== ===PAGE 1===                                    ! ! "       #    !  $         %             &  &    '  (   !         ) * +   ,    - .  ! ,  /   !   "   0 ( + 1   " , !  ! 1 ,  2 + - *   )  +   ! +   ! ! 3  ! !  ! 2 4       NOTICE OF MEETING Wednesday, April 24, 2013 – 6:30 PM Town Hall, 17 Main Street Lunenburg, MA AGENDA 1. ROLL CALL 2. 35 Leominster Road, Public Hearing Continuation 3. 35 Leominster Road, Findings and Directives 4. BOARD COMMENT 5. PUBLIC COMMENT 6. 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. 7. ADJOURNMENT Agenda/public hearings 2013/35 leominster road 04.24.13 ======================================================================================== DOCUMENT : 2013-04-24-agenda-3735.txt BOARD : planning-board DATE : 2013-04-24 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2013-04-24-agenda-3735.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_04242013-3735 ======================================================================================== ===PAGE 1=== Planning Board Meeting- 35 Leominster Road PL_BD_MINUTES_04.24.13_35_LEOMINSTER_RD.PDF 1. Documents: ======================================================================================== DOCUMENT : 2013-04-24-minutes-3698.txt BOARD : planning-board DATE : 2013-04-24 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2013-04-24-minutes-3698.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_04242013-3698 ======================================================================================== ===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 April 24, 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, Nathan J. Lockwood, Marion M. Benson Absent: Thomas W. Bodkin Jr. Motion to go into Hearing continuation, Ms. Bilotta-Simeone, Second, Mr. Lockwood, Motion passed. 35 Leominster Road, Hearing Continuation- See separate minutes. 35 Leominster Road, Findings and Directives - Board discussion. Mr. Lockwood not pleased with the operation being that close to neighbors and in so densely populated an area. Concerned with impact on quality of life of abutters. Ms. Bilotta - Simeone inquired of Mr. Lockwood if he had visited the site to hear the equipment in operation. No, he had not. Both Ms. Bilotta-Simeone and Mr. Bakaysa feel by approving a special permit, the Board has the opportunity to regulate the operation. Ms. Bilotta-Simeone noted that the Special Permit is only for one year; Mr. Brown will have to seek renewal at the end of a year. Motion, Mr. Lockwood, to deny application f or special permit for saw mill operation at 35 Leominster Road, Second, Ms. Bilotta - Simeone for discussion; no discussion. Roll Call Vote- Mr. Lockwood, aye; Ms. Bilotta-Simeone, nay; Mr. Bakaysa, nay. Motion, Ms. Bilotta -Simeone to approve saw mill at 35 Leominster Road with strict Findings and Directives that state the Applicant will come before the Board at one year, with the Building Inspector and residents notified, to see what the past year had brought, Second, Mr. Lockwood, Roll Call Vote- Mr. Lockwood, nay; Ms. Bilotta-Simeone, aye; Mr. Bakaysa, aye. Motion, Ms. Bilotta-Simeone, to adjourn meeting, Second, Mr. Lockwood, Motion passed. Adjourned 8:15 PM Minutes/2013/04.13.13 ======================================================================================== DOCUMENT : 2013-05-13-agenda-3699.txt BOARD : planning-board DATE : 2013-05-13 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2013-05-13-agenda-3699.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_05132013-3699 ======================================================================================== ===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 Nathan J. Lockwood, Mbr. 960 Massachusetts Avenue Damon McQuaid, Mbr. Lunenburg, MA 01462 Matthew Allison, Mbr. Marion M. Benson, Planning Director NOTICE OF MEETING Monday, May 13, 2013 – 6:30 PM Town Hall, 17 Main Street Lunenburg, MA AGENDA 1. ROLL CALL 2. BOARD REORGANIZATION 3. MINUTES APPROVAL: 4-8-13 4-8-13, 35 Leominster Road Public Hearing 4-10-13 4-10-13, Aro Estates Public Hearing 4-13-13, Aro Estates Public Hearing 4-20-13, Aro Estates Public Hearing 4. COMMITTEE REPORTS: MJTC MRPC School Reconfiguration Committee Capital Planning Committee 5. OLD BUSINESS: APR (Agricultural Preservation Restriction) Applications- Status 6. PLANNING DIRECTOR’S REPORTS/NEW BUSINESS: DEVELOPMENT STATUS REPORTS- New England Farms Emerald Place at Lake Whalom a. Inspection Report Tri Town Landing, Youngs Road a. Weekly Update Asian Imperial a. 2011 Zoning Board of Appeals Permit b. Ingress/Egress Solar Status Marijuana Clinic Status Zoning Legislation MRPC a. Traffic Counts b. Contract c. Committee d. Scope of Work 6. NOTICES & COMMUNICATIONS a. Open Space Conference b. Zoning Board of Appeals Hearing 7. MEETING SCHEDULE: May 27 – HOLIDAY – no meeting June 10 – 6:30 PM, Town Hall a. Whites Woods Public Hearing b. MRPC Presentation c. Regular Meeting June 24 – 6:30 PM, Ritter Memorial Building l 8. MEMBER ISSUES: 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/2013/05.13.13 ======================================================================================== DOCUMENT : 2013-05-13-minutes-3699.txt BOARD : planning-board DATE : 2013-05-13 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2013-05-13-minutes-3699.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_05132013-3699 ======================================================================================== ===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 Nathan J. Lockwood, Mbr. 960 Massachusetts Avenue Damon McQuaid, Mbr. Lunenburg, MA 01462 Matthew Allison, Mbr. Marion M. Benson, Planning Director Minutes May 13, 2013 Meeting Posted: Yes Place: Town Hall, 17 Main Street, Lunenburg, MA 01462 Time: 6:30 PM Present: Joanna L. Bilotta-Simeone, Nathan J. Lockwood, Damon McQuaid, Matthew Allison, Marion M. Benson Absent: Emerick R. Bakaysa Ms. Benson noted the Complaint filed May 9, 2013 with the Lunenburg Town Clerk, O’Brien Homes Inc., Plaintiff v. Town of Lunenburg and Planning Board for the Town of Lunenburg, Defendants. Board noted the two new members, Damon McQuaid and Matthew Allison. BOARD REORGANIZATION: Did not take place due to Chair Bakaysa’s absence. MINUTES APPROVAL: The following minutes were signed. 4-8-13, Motion to approve, Mr. Lockwood, Second, Mr. McQuaid 4-8-13, 35 Leominster Road Public Hearing, Motion to approve, Mr. Lockwood, Second, Ms. Bilotta-Simeone 4-10-13, Motion to approve, Mr. Lockwood, Second, Ms. Bilotta-Simeone 4-10-13, Aro Estates Public Hearing, Motion to approve, Mr. Lockwood, Second, Ms. Bilotta-Simeone 4-13-13, Aro Estates Public Hearing, Motion to approve, Mr. Lockwood, Second, Ms. Bilotta-Simeone 4-20-13, Aro Estates Public Hearing, Motion to approve, Mr. Lockwood, Second, Ms. Bilotta-Simeone COMMITTEE REPORTS: MJTC- Meeting scheduled for May 14, 2013. MRPC- No current Board representative. School Building Committee- Televised meetings have been held to discuss preferred Options. The Board of Selectmen and School Building Committee voted for the 6 -12 new build. Ms. Benson noted email from SelectBoard Chair noting they started discussion about what they would do if TC Passios is deemed surplus by the School Building Committee and School Committee. Capital Planning Commit tee- Ms. Benson, as Capital Planning Committee Chair, noted Plan passed at May 2013 Town Meeting. Committee will meet May 16th to review its process. PLANNING DIRECTOR’S REPORTS/NEW BUSINESS/DEVELOPMENT STATUS REPORTS: APR- State still in negotiations with the Lanni and Pierce properties. Agricultural Commission- Commission was approved at May 2013 Town Meeting and hopes to present a Right To Farm Bylaw for Fall Special Town Meeting. New England Farms, Leominster -Shirley Road- Board approved Modifica tion at its April 22 nd meeting. Digging taking place on site; may be due to Tennessee Gas requirements. Planning Director will request Reviewing Engineer check. ===PAGE 2=== Planning Board Minutes 05.13.13 Page 2 Emerald Place at Lake Whalom - Site inspection re port noted berm damage from plowing, roadway “potholes”, and pavement and curbing needing repair. Ms. Benson met with Jack Sullivan, Principal. He noted that three more villas will be built then building will be put on hold. The structures on the beach and Rose Garden Road ( approximately 13 units) will not be built until the market improves. Tri Town Landing, Youngs Road - Work continues with weekly reports being provided to the Planning Office. Mr. Lockwood inquired as to current status on zoning incentive payments from the State. Ms. Benson noted that is handled between the State and the Town Manager. Asian Imperial, Electric Avenue - Patrons are accessing the restaurant via the emergency ingress located on Massachusetts Avenue. The Zoning Board of Appeals Certificate issued in July 2011 noted that the Massachusetts Avenue side would be gated to traffic. Fire Chief Sullivan does not support closing the Massachusetts Avenue side ; he opined that if it is gated, patrons will park in front of the gate. F inal decision will rest with the Zoning Board of Appeals. There is also a minor issue with number of parking spaces which is currently being reviewed by the Building/Zoning Official and the Reviewing Engineer. The Applicant is hoping to purchase adjacent land for parking. Solar Status- Noted May 2, 2013 Telegram and Gazet te article stating Gov. Patrick’s administration set a new goal of 1,600 megawatts of solar energy in Massachusetts by the year 2020. Ms. Benson also noted negotiations for change in owne rship for the Chase Road project. At the present time, new owner not looking to build anything other than what the Planning Board already approved for MASS PV1. Mr. Lockwood inquired if, when Chapter Land comes up for Right of First Refusal and the Town purchases, is use restricted to only conservation use, or can it be used for solar installations. Ms. Benson will inquire of Town Counsel. Marijuana Clinic Status- Noted Sentinel and Enterprise article stating Massachusetts officials approved final regu lations for the use of medical marijuana, but that it will be up to State officials to develop specific rules and procedures. Zoning Legislation- Noted MassPlanners will be holding their hearing on House Bill #1859 (zoning reform) on May 14, 2013 at the State House. MRPC- Traffic Counts- Applying for traffic count at intersection of Lancaster Avenue and Goodrich Street. Contract- Applied for District Local Technical Assistance ( DLTA) services related to investigating/researching and working to adopt a m ixed use Village District Bylaw as noted in the DLTA . A DLTA is already approved for Master Plan work on the Economic Development Element. Committee- A Master Plan Committee needs to be formed , either with only Planning Board members, or both Planning Boa rd members and citizens-at-large. Decision will be deferred until Chair Bakaysa is available for discussion. Scope of Work- MRPC presentation to the Board on June 10, 2013. NOTICES AND COMMUNICATIONS: 1) Open Space Conference, June 8, 2013, Ashburnham MA. MEETING SCHEDULE: The next meeting date was not set. There was discussion of a short meeting for the purpose of Board Reorganization. Ms. Benson will not be available the week of May 26 th. Ms. Benson to check on availability of Chair Bakaysa fo r a meeting May 28, 29, or 30th. June 10 – 6:30 PM, Town Hall – Whites Woods Hearing followed by regular meeting June 24 – 6:30 PM, Ritter Memorial Building BOARD COMMENTS: As a member of the Historical Commission, Mr. McQuaid is interested in Center planning that the Board will be working on in conjunction with MRPC. Mr. Lockwood requested an update on status of primary school for elderly housing . Ms. Benson updated the public hearing process and informed the Board of same. ADJOURNMENT: 7:50 PM Minutes/2013/05.13.13 ======================================================================================== DOCUMENT : 2013-06-10-agenda-3700.txt BOARD : planning-board DATE : 2013-06-10 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2013-06-10-agenda-3700.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_06102013-3700 ======================================================================================== ===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 Nathan J. Lockwood, Mbr. 960 Massachusetts Avenue Damon McQuaid, Mbr. Lunenburg, MA 01462 Matthew Allison, Mbr. Marion M. Benson, Planning Director NOTICE OF MEETING Monday, June 10, 2013 – 6:30 PM Town Hall, 17 Main Street Lunenburg, MA AGENDA 1. ROLL CALL 2. 6:30 - PUBLIC HEARING – Whites Woods- Modification 3. BOARD REORGANIZATION 4. MINUTES APPROVAL: 4-13-13 4-20-13 4-22-13 4-22-13 Aro Estates Hearing 4-24-13, 35 Leominster Road Hearing 4-24-13 5-13-13 5. COMMITTEE REPORTS: MJTC MRPC School Building Committee Capital Planning Committee 6. PLANNING DIRECTOR’S REPORTS/NEW BUSINESS: DEVELOPMENT STATUS REPORTS- Goals- Planning Director & Planning Board New England Farms- update Emerald Place at Lake Whalom- update Tri Town Landing, Youngs Road- update Asian Imperial a. 2011 Zoning Board of Appeals Permit b. Ingress/Egress 651 Chase Road- Solar Status Marijuana Clinic Status Zoning Legislation MRPC- DLTA & Economic Development 7. NOTICES & COMMUNICATIONS Conservation Commission 8. SUMMER MEETING SCHEDULE: ? June 24 – 6:30 PM, Ritter Memorial Building July 8 – 6:30 PM, Town Hall July 22 – 6:30 PM, Ritter Memorial Building August 12 – 6:30 PM, Town Hall August 26 – 6:30 PM, Ritter Memorial Building 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 litigation if an open meeting may have a detrimental effect on the government’s litigation position. 13. ADJOURNMENT Agenda/2013/06.10.13 ======================================================================================== DOCUMENT : 2013-06-10-agenda-3726.txt BOARD : planning-board DATE : 2013-06-10 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2013-06-10-agenda-3726.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_06102013-3726 ======================================================================================== ===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 Nathan J. Lockwood, Mbr. 960 Massachusetts Avenue Damon McQuaid, Mbr. Lunenburg, MA 01462 Matthew Allison, Mbr. Marion M. Benson, Planning Director Town of Lunenburg Public Hearing The Lunenburg Planning Board will hold a Public Hearing on June 10, 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 Development Plan Review and Special Permit under Section 5.5., Planned Residential Area, of the Protective Bylaw of the Town of Lunenburg , for 221 White Street (Map 75, Parcel 53). Owner/Applicant is RIW Realty Tru st, John I. White, Trustee, 13 Jacklyn Drive, Lunenburg, MA. Materials are available for viewing at the Planning Office, 960 Massachusetts Avenue, Lunenburg, MA 01462. ======================================================================================== DOCUMENT : 2013-06-10-minutes-3700.txt BOARD : planning-board DATE : 2013-06-10 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2013-06-10-minutes-3700.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_06102013-3700 ======================================================================================== ===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 Nathan J. Lockwood, Mbr. 960 Massachusetts Avenue Damon McQuaid, Mbr. Lunenburg, MA 01462 Matthew Allison, Mbr. Marion M. Benson, Planning Director Minutes June 10, 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, Nathan J. Lockwood , Damon McQuaid, Matthew Allison, Marion M. Benson PUBLIC HEARING: Whites Wood- Modification- See separate minutes. BOARD REORGANIZATION: Chair- Motion to nominate Ms. Bilotta-Simeone, Mr. Bakaysa, Second, Mr. Lockwood, all aye. Vice Chair- Motion to nominate Mr. Lockwood, Mr. Bakaysa, Second, Ms. Bilotta-Simeone, all aye. Clerk- Motion to nominate Mr. McQuaid, Mr. Bakaysa, Second, Ms. Bilotta-Simeone, all aye. MRPC Representative- Motion to nominate Ms. Bilotta-Simeone, Mr. Bakaysa, Second, Mr. Allison, all aye. MJTC Representative- Motion to nominate Mr. Allison, Ms. Bilotta-Simeone, Second, Mr. McQuaid, all aye. School Building Committee Representative- Motion to nominate Mr. Lockwood, Ms. Bilotta-Simeone, Second, Mr. Allison, all aye. School Re-Use Committee Representative- Motion to nominate Mr. McQuaid, Ms. Bilotta-Simeone, Second, Mr. Allison, all aye. MINUTES APPROVAL: The following minutes were signed. 4-13-13, Motion to approve, Mr. Bakaysa, Second, Mr. Lockwood 4-20-13, Motion to approve, Mr. Lockwood, Second, Mr. Bakaysa 4-22-13, Motion to approve, Mr. Bakaysa, Second, Mr. Lockwood 4-22-13, Aro Estates Public Hearing, Motion to approve, Mr. Bakaysa, Second, Mr. Lockwood 4-24-13, 35 Leominster Road Public Hearing, Motion to approve, Mr. Bakaysa, Second, Mr. Lockwood 4-24-13, Motion to approve, Mr. Bakaysa, Second, Mr. Lockwood 5-13-13, Motion to approve, Mr. Lockwood, Second, Ms. Bilotta-Simeone COMMITTEE REPORTS: MJTC- Mr. Allison- No meeting MRPC- Ms. Bilotta-Simeone- Working on new budget system School Building Committee- Mr. Lockwood- Next meeting June 17, 2013. Meeting with MSBA to approve schematic set for July 31, 2013. Sub-committee being formed to select construction manager at risk. Capital Planning Committee- Ms. Benson- Committee to meet through the summer to review and refine current forms. PLANNING DIRECTOR’S REPORTS/NEW BUSINESS/DEVELOPMENT STATUS REPORTS: Goals, Planning Director and Planning Board - Board Goals distributed to Board members for review. Planning Board Goals will be placed on agenda for discussion on June 24, 2013. Planning Director Goals distributed to Board members for their information only. New England Farms, Leominster-Shirley Road- Permits issued and review fees current. ===PAGE 2=== Planning Board Minutes 06.10.13 Page 2 Emerald Place at Lake Whalom - Site inspection report noted berm damage from plowing, roadway “potholes”, and pavement and curbing needing repair. Developer has started repairing potholes. The structures on the beach and Rose Garden Road (approximately 13 units) will not be built until the market improves. Tri Town Landing, Youngs Road - As Built submitted and reviewed. Reviewing engineer notes As Built consistent with engineering/site items installed and recommends acceptance of the Plan and release for occupancy. Asian Imperial, Electric Avenue- Link chain gating installed. The Applicant is hoping to purchase adjacent land for parking. 651 Chase Road, Solar Status- Noted draft agreement between the Building Ins pector and NuGen Capital Management LLC for conditional building permit. Marijuana Clinic Status- Board needs to start looking at a bylaw to regulate Town siting of clinics. Zoning Legislation - Noted MassPlanners held hearing on House Bill #1859 (zon ing reform) on May 14, 2013 at the State House. MRPC- DLTA and Economic Development - A Master Plan Committee needs to be formed , either with only Planning Board members, or both Planning Board members and citizens-at-large. It was suggested to confer with MRPC regarding same. NOTICES AND COMMUNICATIONS: Tabled SUMMER MEETING SCHEDULE: June 24 – 6:30 PM, Ritter Memorial Building July 8 – 6:30 PM, Town Hall July 22 – 6:30 PM, Ritter Memorial Building August 12 – 6:30 PM, Town Hall August 26 – 6:30 PM, Ritter Memorial Building (Board members to email Ms. Benson with their summer vacation dates.) MEMBER ISSUES: Ms. Bilotta-Simeone noted Open Meeting Law presentation by Town Counsel. Ms. Bilotta-Simeone requested agenda packet be mailed to her prior to meetings. Mr. Bakaysa and Ms. Bilotta-Simeone requested that the Board be supplied with copies of items Ms. Benson brings up during meetings. Mr. McQuaid and Mr. Allison need a copy of the Open Space Plan. Mr. Allison inquired if a “road book” exists which shows edge of pavement and edge of right -of-way for Lunenburg roads. Ms. Benson to inquire of DPW Director. ADJOURNMENT: Motion to adjourn, Mr. Allison, Second, Mr. Bakaysa, adjourned 8:30 PM Minutes/2013/06.10.13 ======================================================================================== DOCUMENT : 2013-06-10-minutes-3726.txt BOARD : planning-board DATE : 2013-06-10 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2013-06-10-minutes-3726.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_06102013-3726 ======================================================================================== ===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 Nathan J. Lockwood, Mbr. 960 Massachusetts Avenue Damon McQuaid, Mbr. Lunenburg, MA 01462 Matthew Allison, Mbr. Marion M. Benson, Planning Director Minutes Public Hearing Whites Woods June 10, 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, Nathan J. Lockwood , Damon McQuaid, Matthew Allison, Marion M. Benson Chair requested Motion to enter into Hearing Session and then to return to Regular Session. Motion, Ms. Bilot ta-Simeone, Second, Mr. Lockwood, roll call vote - Mr. Allison, aye; Mr. McQuaid, aye; Mr. Lockwood, aye; Ms. Bilotta -Simeone, aye; Mr. Bakaysa, aye. Chair opened the Public Hearing with the reading of the notice published in the Sentinel and Enterprise Ma y 27, 2013 and June 3, 2013. The hearing is to hear and discuss a Modification to a Development Plan Review and Special Permit under Section 5.5. of the Protective Bylaw of the Town of Lunenburg for 221 White Street. Property owner /applicant is RIW Realt y Trust, John White, Trustee. William Hannigan, Hannigan Engineering, Inc. represented Mr. White. The proposed modification is for Phase III. The original plan for Phase III consisted of five (5) buildings; two (2) of them with three (3) units and three (3) of them with four (4) units. Ten (10) units in three (3) buildings have been constructed to date. The Modification application to the existing Special Permit is for the remaining eight (8) units to be constructed in four (4) duplex units instead of quad type units. The requested change will allow the buildings to be construct ed in a more cost -effective way and also eliminate the need for sprinkler units in the buildings. The total number of units has not changed. Waivers originally requested are s till in place. An additional waiver is being requested from the Protective Bylaw of the Town of Lunenburg , Section 5.5.1.2.g – “if there is more than one building containing dwelling units on a single lot, there shall be a minimum of fifty (50) feet betwe en such buildings ”. The applicant is asking for a waiver down to 30 feet. The 30 foot distance is due to potential sunroom on the back side of the units that will now be facing Jacklyn Drive. The minimum distance between the main buildings is approximat ely 40 feet. (Mr. Hannigan noted a typographical error in their Review of Waivers – Modification letter updated May 22, 2013. Paragraph 3 should be June 28, 2005 – not June 28, 2013.) Applicant anticipates that this remaining portion of Phase III will b e completed within the next two ( 2) years. Mr. Allison inquired if there was any affordability aspect to the units. Mr. Wh ite responded that in good faith he had originally offered two (2) out of the first ten (10) to be sold at less than cost, but found out they were not allowed to be affordable even though in the affordable range. Mr. Hannigan added that they weren’t allowed to be counted as affor dable units under the Town’s affordable count as this was done locally and not under the 40B process. The State would not recognize them. ===PAGE 2=== Minutes Whites Woods Public Hearing 06.10.13 Page 2 Jesse Johnson, David E. Ross Associates, Inc., noted his review letter dated June 5, 2013. He does not feel there is any significant impact as a result of the propose d modifications. He does suggest follow -up with the Fire Department to ensure they have reviewed the T -turnaround on Janet Lane and access adequacy to all the u nits. Mr. Bakaysa noted that Chief Sullivan responded to Ms. Benson stating that he had no iss ues with the change from two (2) to four (4) structures; the T-turnaround was in the existing accepted plan and did not change with the Modification. Mr. Bakaysa inquired if Applicant still had allotted sewer allocation for remainder of project. Yes. Motion, Ms. Bilotta -Simeone, to approve requested waiver to the Plan, Second, Mr. Allison, roll call vote, Mr. Allison, aye; Mr. McQuaid, aye; Mr. Lockwood, aye; Ms. Bilotta-Simeone, aye; Mr. Bakaysa, aye. Mr. Allison noted he had issue with going from quad type to duplex units as that would negate the requirement for fire sprinklers under State code. That is not under Board jurisdiction. Proponents: Carl Flinkstrom, 3 Mays Field Road, spoke in favor of waiver. Motion, Ms. Bilotta-Simeone, to approve overall modification, Second, Mr. McQuaid, roll call vote, Mr. Allison, aye; Mr. McQuaid, aye; Mr. Lockwood, aye; Ms. Bilotta-Simeone, aye; Mr. Bakaysa, aye. Motion, Mr. Allison, to close Hearing and return to Regular Session, Second, Ms. Bilotta-Simeone, all aye. Hearing closed 7:00 PM Minutes/public hearings 2013/whites woods 06.10.13 ======================================================================================== DOCUMENT : 2013-06-24-agenda-3701.txt BOARD : planning-board DATE : 2013-06-24 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2013-06-24-agenda-3701.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_06242013-3701 ======================================================================================== ===PAGE 1===                                                !   "  #        $             %  % &    '  ( )   "      * + '  , ,    ) , , - .  ) /    0     1 ,   ' 2    )   2 )  3  ' - +   *  '   ! -    ,    ' 2   '      '    ,    4       3 &      NOTICE OF MEETING Monday, June 24, 2013 – 6:30 PM Ritter Memorial Building, 960 Massachusetts Avenue Lunenburg, MA AGENDA 1. ROLL CALL 2. SIGNATURE: Whites Woods Modification 3. MINUTES APPROVAL: 6-10-13 6-10-13 Whites Woods Public Hearing 4. GOALS: Planning Board 5. SUMMER MEETING SCHEDULE : July 8 – 6:30 PM, Town Hall July 22 – 6:30 PM, Ritter Memorial Building- MRPC August 12 – 6:30 PM, Town Hall August 26 – 6:30 PM, Ritter Memorial Building 6. BOARD COMMENT 7. PUBLIC COMMENT 8. EXECUTIVE SESSION: In accordance with M.G.L. Chapter 39, §23B(3) for the purpose of discussing strategy with respect to litigation if an open meeting may have a detrimental effect on the government’s litigation position. 9. ADJOURNMENT Agenda/2013/06.24.13 ======================================================================================== DOCUMENT : 2013-06-24-minutes-3701.txt BOARD : planning-board DATE : 2013-06-24 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2013-06-24-minutes-3701.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_06242013-3701 ======================================================================================== ===PAGE 1=== INITIALS _______ _______ _______ _______ _______ LUNENBURG PLANNING BOARD TOWN OF LUNENBURG Joanna L. Bilotta-Simeone, Chair Tel: (978) 582-4147, ext 5 Nathan J. Lockwood, Vice-Chair Fax: (978) 582-4353 Damon McQuaid, Clk. 960 Massachusetts Avenue Emerick R. Bakaysa, Mbr. Lunenburg, MA 01462 Matthew Allison, Mbr. Marion M. Benson, Planning Director Minutes June 24, 2013 Meeting Posted: Yes Place: Ritter Memorial Building, 960 Massachusetts Avenue, Lunenburg, MA Time: 6:30 PM Present: Joanna L. Bilotta -Simeone, Nathan J. Lockwood , Damon McQuaid, Emerick R. Bakaysa , Matthew Allison, Marion M. Benson Whites Wood - Modification- Signed by the Planning Board. Modification was approved by the Board at the June 10, 2013 meeting. Special Permit Approval will be entered into a 20-day appeal period. MINUTES APPROVAL: The following minutes were signed. 6-10-13, Motion to approve, Mr. McQuaid, Second, Mr. Allison 6-10-13, Whites Woods Public Hearing, Motion to approve, Mr. Allison, Second, Mr. McQuaid GOALS- Planning Board- Ms. Benson noted the State is working on revising Ch. 40A. The following edit is to be made: Para 1, sub-Para a – Goal: To continue yearly to update the Master Plan Para 1, sub-Para 2 - Ms. Benson n oted the Rules and Regulations Governing the Subdivision of Land need to be updated with assistance from a registered engineer. Para 1, sub-Para 4 – review criteria of Ch. 40, §15c to see if Northfield Road and Flat Hill Road qualify to become Scenic Roads. Para 2, sub-Para g – Board members placed emphasis on communication to citizens via signboards and social media. Table 5, Goals and Policies- Noted by Board. Ms. Bilotta-Simeone asked Board members for Board Goals for 2013. Updating of the Master Plan. Preservation of Town Center. The Board of Selectmen has discussed putting together a group to work on economic development; if so, will they be requesting a Planning Board member to serve? Ms. Benson to check with Town Manager. Ms. Benson noted th at the Board hired MRPC to assist with economic development. MRPC will make a presentation to the Board at its July 22 nd meeting. Incentives need to be provided for existing commercial businesses to upgrade their property. An avenue to bring in tourism . Is this being blocked by the current zoning? What can be attracted to the community for tourism, but still maintain the rural atmosphere of the community? Ms. Benson working on Citizen Survey and anticipates bringing to July 8th meeting for Board review. Under an economic development group, devise ways to increase residential, affordable, and senior housing ; this may lead to more commercial development. For projects that require landscape plans, have that plan in place prior to commencing work. Find a way for citizens to purchase local, e.g., Lunenburg Farmers’ Market. What would the Board need to do from a zoning perspective to bring in the appropriate developer (who would purchase local) to establish a farm stand on a heavily travelled street in the Town? Have a Board member as liaison to the Agricultural Commission. Mr. Allison volunteered. ===PAGE 2=== Minutes 06.24.13 Page 2 Board will review its Goals quarterly. SUMMER MEETING SCHEDULE: July 8 – 6:30 PM, Town Hall July 22 – 6:30 PM, Ritter Memorial Building- MRPC August 12 – 6:30 PM, Town Hall August 26 – 6:30 PM, Ritter Memorial Building PUBLIC COMMENT: Steve deBettencourt has concerns with Tri Town Landing. Questions if a fence easement was granted; thinks new fence is on Town property on Town side of emergency access road. Ms. Benson to investigate. ADJOURNMENT: Motion to adjourn, Mr. Allison, Second, Mr. Bakaysa, adjourned 8:35 PM Documents used at meeting. Planning Board Mission, Goals, Policies, FY2009-2011 Table 5, Goals and Policies Audio recording on file. Minutes/2013/06.24.13 ======================================================================================== DOCUMENT : 2013-07-08-agenda-3702.txt BOARD : planning-board DATE : 2013-07-08 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2013-07-08-agenda-3702.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_07082013-3702 ======================================================================================== ===PAGE 1=== LUNENBURG PLANNING BOARD TOWN OF LUNENBURG Joanna L. Bilotta-Simeone, Chair Tel: (978) 582-4147 ext 5 Nathan J. Lockwood, Vice-Chair Fax: (978) 582-4353 Damon McQuaid, Clk. 960 Massachusetts Avenue Emerick R. Bakaysa, Mbr. Lunenburg, MA 01462 Matthew Allison, Mbr. Marion M. Benson, Planning Director NOTICE OF MEETING Monday, July 8, 2013 – 6:30 PM Town Hall, 17 Main Street Lunenburg, MA AGENDA 1. ROLL CALL 2. MINUTES APPROVAL: 6-24-13 3. COMMITTEE REPORTS: MJTC MRPC School Building Committee School Reuse Committee Capital Planning Committee 4. PLANNING DIRECTOR’S REPORTS/NEW BUSINESS: DEVELOPMENT STATUS REPORTS- Highfield Village- Extension Request New England Farms- Building Permit Emerald Place at Lake Whalom- weekly update Tri Town Landing, Youngs Road- Weekly update Annual update to State Asian Imperial- Parking 651 Chase Road- Solar Status Marijuana Clinic- State Status 5. NOTICES & COMMUNICATIONS- Conservation Commission- Agenda 6. SUMMER MEETING SCHEDULE: July 22 – 6:30 PM, Ritter Memorial Building- MRPC August 12 – 6:30 PM, Town Hall August 26 – 6:30 PM, Ritter Memorial Building 7. MEMBER ISSUES: 8. BOARD COMMENT 9. PUBLIC COMMENT 10. EXECUTIVE SESSION: In accordance with M.G.L. Chapter 39, §23B(3) for the purpose of discussing strategy with respect to litigation of O’Brien Homes Inc. v. Town of Lunenburg if an open meeting may have a detrimental effect on the government’s litigation position. 11. ADJOURNMENT Agenda/2013/07.08.13 ======================================================================================== DOCUMENT : 2013-07-08-minutes-3702.txt BOARD : planning-board DATE : 2013-07-08 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2013-07-08-minutes-3702.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_07082013-3702 ======================================================================================== ===PAGE 1=== INITIALS _______ _______ _______ _______ _______ LUNENBURG PLANNING BOARD TOWN OF LUNENBURG Joanna L. Bilotta-Simeone, Chair Tel: (978) 582-4147, ext 5 Nathan J. Lockwood, Vice-Chair Fax: (978) 582-4353 Damon McQuaid, Clk. 960 Massachusetts Avenue Emerick R. Bakaysa, Mbr. Lunenburg, MA 01462 Matthew Allison, Mbr. Marion M. Benson, Planning Director Minutes July 8, 2013 Meeting Posted: Yes Place: Town Hall, 17 Main Street, Lunenburg, MA Time: 6:30 PM Present: Joanna L. Bilotta-Simeone, Nathan J. Lockwood , Damon McQuaid, Emerick R. Bakaysa , Matthew Allison, Marion M. Benson MINUTES APPROVAL: 6-24-13, Motion to approve, Mr. Bakaysa, Second, Mr. Allison. Minutes signed. COMMITTEE REPORTS: MJTC, Mr. Allison- Noted there will be MBTA track closures due to track work . Town only receiving 50% of Ch . 90 funds from State; approximately $316,000. Committee hoping to finalize trail inventory by fall 2013 in conjunction with regional trail coalition. MRPC, Ms. Bilotta -Simeone- Members voted in. Ms. Bilotta -Simeone voted as Member -at-large. 2013 -2014 budget was reviewed. School Building Committee , Mr. Lockwood- Schematic site layout provided by Mr. Lockwood. Office will scan to Board. Mr. Bakaysa questioned why only o ne gymnasium. Mr. Lockwood noted in order to have a higher quality facility gymnasium will be shared among the 6-12. School Reuse Committee , Mr. McQuaid - Mr. McQuaid will not be available to attend first meeting; Ms. Bilotta -Simeone will attend in his place. Capital Planning Committee , Ms. Benson - Continuing to meet throughout the summer to update forms and procedures. Timeline is for end-August, beginning-September for packets to all department heads. PLANNING DIRECTOR’S REPORTS/NEW BUSINESS/DEVELOPMENT STATUS REPORTS: Highfield Village , Northfield Road - Applicant requesting Extension to September 30, 2013 due to MEPA review extending . Applicant states they are currently negotiating with Sewer Commission to develop a new agreement as last agreement has expired. Sewer Business Manager noted that the Commission is negotiating with the city of Fitchburg, not with the applicant. Ms. Bilotta-Simeone requested input from Mr. Luck, Sewer Commission Chair. He noted only discussion between Highfield and Commission is securing sewer allocation. Applicant has not submitted new plans to the Commission. Board will approve extension to its July 22 nd Board meeting at which time they request Mr. Oldfield, Project Engineer, appear before the Board for discussion. Also requesting Applicant provide chronological order of past extensions and anticipated milestones. Mr. Bakaysa gave brief project background to new Board members. Ms. Bilotta -Simeone noted Town Counsel previously recommended Board approve extensions. New England Farms, Leominster Shirley Road- Building Permit issued to Applicant. Emerald Place at Lake Whalom , Lakefront- Two more villas to be completed this week with three to commence building next week. Landscaping ongoing to coincide with each building’s completion. Ms. Benson is following up with applicant on condition of interior roads. Board discussion as to development being quite different from what Board had approved, e.g., approved as a For Sale project, but due to market conditions all are lease -to-own. Mr. Bakaysa would like a formal response from the developer as to when the project will eventually meet the standard for which it was approved (owner -occupied development). Tri Town Landing , Youngs Road - Occupancy has been given to Bu ilding 3. Office working on applying to State for Density Bonus. Annual Update also being provided to State. Ms. Benson working with State on 40S (school) reimbursement. Continuing to research fence issue brought forth at 6-24-13 Board meeting. ===PAGE 2=== Minutes 07-08-13 Page 2 Asian Imperial - Gating of the emergency access continues to be an issue. Ms. Benson is scheduling a meeting with the applicant, project engineer, and reviewing engineer. 651 Chase Road - Noted news article in which Townsend Town Admin istrator said the two towns are going to enter into an agreement whereby Lunenburg will sell net metering credits to Townsend. Marijuana Clinic- Noted news article in which Ayer Selectmen sending a letter of support to the state on behalf of businessman wanting to open medical -marijuana dispensary in Ayer. Ms. Benson to start investigating what is/is not allowed if an applicant comes before the Board. Board interested in State law. Mr. Allison inquired as to results of Town vote. NOTICES & COMMUNICATIONS: Noted Conservation Commission agenda. SUMMER MEETING SCHEDULE: July 22 – 6:30 PM, Town Hall- MRPC and Highfield Village to be scheduled August 12 – 6:30 PM, Town Hall August 26 – 6:30 PM, Ritter Memorial Building MEMBER ISSUES: Agenda will be revised to include “Action File”. Mr. Bakaysa noted news article regarding Mr. Lorden’s request for increase in number of units on his Whalom Road project. Ms. Benson noted that is a Zoning Board of Appeals project and will request information from t hat Board. Mr. Allison requested pdf’s of development plans in order to bring him current. Also that the Board receive pdf’s each time there is a new project application. Mr. Bakaysa went on to note that with pdf’s, Board membe rs will have an opportunity to review prior to the formal presentation by the applicant. Mr. Lockwood felt there should be more Board access to Planning Office documents. Mr. Bakaysa opined that should be a policy decision driven by the Board of Selectmen and applied to all Town offices. He is also concerned with document security. Ms. Bilotta-Simeone requested that the IT Director come before the Board to get an understanding of what the Board is requesting and possible solutions. Ms. Benson to investigate. Revision of Planning Board Goals will be distributed at next meeting for discussion at August 12th meeting. Mr. Allison inquired if Board could put a fee in place for extension requests. Ms. Benson will provide Fee Schedule to Board. EXECUTIVE SESSION: Board did not go into Executive Session ADJOURNMENT: Motion to adjourn, Mr. Allison, Second, Mr. McQuaid, adjourned 8:00 PM Documents used at meeting: Highfield Village Extension Request New England Farms Building Permit Emerald Place at Lake Whalom Weekly Update Tri Town Landing Weekly Update 651 Chase Road Solar News Article Marijuana Clinic News Article Conservation Commission Agenda Audio recording on file. Minutes/2013/07.08.13 ======================================================================================== DOCUMENT : 2013-07-22-agenda-3703.txt BOARD : planning-board DATE : 2013-07-22 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2013-07-22-agenda-3703.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_07222013-3703 ======================================================================================== ===PAGE 1=== LUNENBURG PLANNING BOARD TOWN OF LUNENBURG Joanna L. Bilotta-Simeone, Chair Tel: (978) 582-4147 ext 5 Nathan J. Lockwood, Vice-Chair Fax: (978) 582-4353 Damon McQuaid, Clk. 960 Massachusetts Avenue Emerick R. Bakaysa, Mbr. Lunenburg, MA 01462 Matthew Allison, Mbr. Marion M. Benson, Planning Director NOTICE OF MEETING Monday, July 22, 2013 – 6:30 PM Town Hall, 17 Main Street Lunenburg, MA AGENDA 1. ROLL CALL 2. MINUTES APPROVAL: 7-8-13 3. APPOINTMENTS: 6:45 PM- MRPC, John Hume, Master Planning Element- Economics Town-wide Survey 4. COMMITTEE REPORTS: MJTC, Matthew Allison MRPC, Joanna Bilotta-Simeone School Building Cmte, Nathan Lockwood Building Reuse Cmte, Damon McQuaid Capital Planning Cmte, Marion Benson 5. OLD BUSINESS: Planning Board Goals 6. PLANNING DIRECTOR’S REPORTS/NEW BUSINESS: DEVELOPMENT STATUS REPORTS- Stone Farm Estates, Engineer Review Highfield Village, Mass Ave- Extension Request- Chronological Order New England Farms, Leo Shirley Rd- Zoning Official’s report- verbal Emerald Place at Lake Whalom, Lakefront- occupancy certificates scheduled meeting delay- verbal Tri Town Landing, Youngs Road- weekly update fence placement report Asian Imperial, Electric Ave- Mass Ave closure- verbal Whalom Road LLC/Lunenburg Village- extension of Public Hearing- 6-27-13 letter Whites Woods Ph. III, White Street- closure- verbal Medical Marijuana Clinic- area status & data info 7. ACTION FILE 651 Chase Road- solar status Lunenburg Middle/High School, schematics MJTC, meeting handouts Fee Schedule- verbal North County Land Trust Newsletter School Building Committee, 6-18-13 meeting notes 35 Leominster Road, Building Official’s status letter Emerald Place at Lake Whalom, Lakefront, news article EPG Solar, Pleasant St, news article ZBA Public Hearing, 305 Leominster Shirley Rd ZBA Special Permit, 1501R Lancaster Ave ZBA Special Permit, 19 Mass Ave ZBA Special Permit, 27 Mass Ave ZBA Special Permit, 39 Mass Ave Building Permit, 325 Sunnyhill Rd Building Permit, 24 Riley Road (Stone Farm Estates) Building Permit, 22 Riley Road (Stone Farm Estates) Building Permit, 20 Riley Road (Stone Farm Estates) Building Permit, 18 Riley Road (Stone Farm Estates) 8. MEETING SCHEDULE: August 12 – 6:30 PM, Town Hall August 26 – 6:30 PM, Ritter Memorial Building September 9 – 6:30 PM, Town Hall September 23 – 6:30 PM, Ritter Memorial Building 9. MEMBER ISSUES: Requested pdf’s, current status 10. BOARD COMMENT 11. PLANNING DIRECTOR COMMENT ===PAGE 2=== 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 litigation if an open meeting may have a detrimental effect on the government’s litigation position. 14. ADJOURNMENT Agenda/2013/07.22.13 ======================================================================================== DOCUMENT : 2013-07-22-minutes-3703.txt BOARD : planning-board DATE : 2013-07-22 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2013-07-22-minutes-3703.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_07222013-3703 ======================================================================================== ===PAGE 1=== INITIALS _______ _______ _______ _______ _______ LUNENBURG PLANNING BOARD TOWN OF LUNENBURG Joanna L. Bilotta-Simeone, Chair Tel: (978) 582-4147, ext 5 Nathan J. Lockwood, Vice-Chair Fax: (978) 582-4353 Damon McQuaid, Clk. 960 Massachusetts Avenue Emerick R. Bakaysa, Mbr. Lunenburg, MA 01462 Matthew Allison, Mbr. Marion M. Benson, Planning Director Minutes July 22, 2013 Meeting Posted: Yes Place: Town Hall, 17 Main Street, Lunenburg, MA Time: 6:30 PM Present: Joanna L. Bilotta-Simeone, Nathan J. Lockwood , Damon McQuaid, Emerick R. Bakaysa , Matthew Allison, Marion M. Benson MINUTES APPROVAL: 7-8-13, Motion to approve, Mr. Lockwood, Second, Mr. McQuaid. Minutes signed. APPOINTMENT: MRPC - Presentation by John Hume, Planning and Development Director on the Economic Element of the Master Plan. He presented two handouts to the Board, which were also in a PowerPoint presentation; 1) Economic Development Element Draft Inventory/Analysis, and 2) Draft Assessment of Lunenb urg’s Current Economic Base – Economic Development Element. (MRPC signed a contract with Lunenburg to assist in updating the Town’s Economic Development Chapter of the Master Plan.) Board questions: Mr. Lockwood- Table E-3, Residence to Workplace Flows for Lunenburg and Montachusett Region 2000 - accounts for 60% of workforce; what about the remaining 40%? Are they from workplaces other than the six listed? Mr. Hume to research. Figures were taken from 2000 Census. Such information was not collected for the 2010 US Census. Mr. Bakaysa- Do the other towns that Lunenburg was compared with have a single tax rate or different tax rates for commercial and industrial? Mr. Hume responded that all had singular tax rate. Lunenburg has more commercial properties than industrial. Mr. Lockwood- Table E-13, Lunenburg’s Tax Levy 2009-2013 (with rate ) - is the rate per thousand of assessed value? If the Town wants to significantly grow the commercial/industrial base, it should take into consideration how Lunen burg’s tax rate compares with surrounding communities. How do Lunenburg’s utility costs compare with surrounding communities? Ms. Bilotta-Simeone- In regards to Brownfields, would like to know what could be done “grant wise” with L&M Service Center at 925 Mass Ave. Mr. Hume noted there is a Brownfields Committee that will be meeting in September. Mr. Bakaysa- Why aren’t the Town’s landfills included in Brownfields? Mr. Hume noted a site is only listed if a hazardous spill is reported. Mr. Bakaysa- What have been communities’ successes in getting 43D sites developed , e.g., Lancaster? Did those communities have specific attributes that Lunenburg does not have? Mr. Hume will check with State. Mr. Bakaysa - In possible creation of Village District By law, what are neighboring communities doing for reuse of municipal buildings. In conjunction with above presentation, there was discussion of the draft Citizen Survey. Ms. Bilotta-Simeone wanted a section included for the workforce, where do they work, h ow many miles, education. She also suggested one robocall from the Planning Department informing the citizenry there is a survey available on the Town web. Suggested a notice also be posted on sign board in Town Center. Mr. Lockwood noted www.surveymonkey.com can tabulate the Survey. It was suggested Ms. Benson and Ms. Noble, Director of the Senior Center, have a working session with the seniors to assist them with completing the Survey. Mr. Lockwood will ema il Ms. Benson the Town Center Planning Discussion previously compiled for her to forward to Mr. Hume, Mr. Allison and Mr. McQuaid. Mr. Hume noted possibly meeting again with the Board end-August, beginning-September. ===PAGE 2=== Minutes 07.22.13 Page 2 COMMITTEE REPORTS: MJTC, Mr. Allison - No August meeting. Received GIS data which office will forward to Board. Felt MJTC was expending too much money in reproducing reports in various languages. MRPC, Ms. Bilotta-Simeone- Meeting July 23rd. School Building Committee, Mr. Lockwood- Meeting July 24th. School Reuse Committee , Mr. McQuaid - Mr. McQuaid was voted as Committee Secretary. Vice Chair is Patrick Slattery, Chair is Jamie Toale. Ms. Benson to find out when next meeting date is and notify Mr. McQ uaid. Mr. Lockwood noted asbestos removal cost in building renovations and suggeste d possibility of prisoner work crew if it would provide a cost advantage . It was noted that for asbestos removal, a qualified contractor is required. Capital Planning Co mmittee, Ms. Benson - Noted cover letter to departments. Packet will go to departments end -August, beginning-September. OLD BUSINESS: Planning Board Goals - Revised per Board discussion of 6-24-13. Board to review and discuss at 8 -12-13 meeting. PLANNING DIRECTOR’S REPORTS/NEW BUSINESS/DEVELOPMENT STATUS REPORTS: Stone Farm Estates- Noted engineer review of administrative change for the development. Developer has put change on hold. Highfield Village, Mass Ave- Board Extension expires 7-23-13. Project engineer was not available for this Board meeting and sent a letter dated 7-19-13 request ing additional extension to August 5 th (anticipating a Board meeting that date) to give a detailed status. Board consensus was to approve Extension to August 13, 20 13 with the Applicant appearing before the Board at its August 12 th meeting. Motion to approve Extension to August 13 th, Mr. Lockwood, Second, Mr. Allison, roll call vote - Mr. Allison, aye; Mr. Bakaysa, aye; Mr. McQuaid, aye; Mr. Lockwood, aye; Ms. Bilotta-Simeone, aye. Motion passed. New England Farms, Leominster Shirley Road- Foundation in and inspected. Emerald Place at Lake Whalom , Lakefront- Ms. Benson will set up date for developers to appear before the Board. Inside road work still in process. Board of Selectmen discussing crosswalks to accommodate pedestrian flow and for safety purposes and are looking for input from the Planning Board and DPW. Mr. Bakaysa suggested the Board also communicate with the Zoning Board of Appeals regarding same in regards to Lunenburg Village on Whalom Road. Tri Town Landing , Youngs Road - Both the Annual Update and the Density Bonus application were provided to State. Ms. Benson working with Mr. Scheid, Assessor, and the State on 40S (school) reimbursement. Discussion ensued around the fence issue brought forth by a citizen at the 6-24-13 Board meeting. When the Board approved the Plan, it was with the fence. It was then asked if the developer was given an easement as the fence is on Town property. Mr. Baka ysa noted that when the developer came to the Board requesting an easement, the Board directed them to the Selectmen. The Board of Selectmen chose to give the developer a License Agreement instead of going to town meeting for an easement. The License Agr eement gives emergency vehicles access to the rear of the buildings. The developer built to that line; not the property line. The Selectmen do not have an issue with the fence placement. Board m embers questioned if the Selectmen could revoke the Agreement if the Town chooses to use that land at some time in the future. Ms. Bilotta -Simeone feels the fence should be moved from the Town land to preclude the possibility of the Town being held liable if there are injuries ; e.g., a child becoming injured while playing on the fence . The developer notes he is willing to accommodate the Town. Mr. Bakaysa inquired if the fence is moved, will firefighters have access to the rear of the buildings. Mr. McQuaid fe els access on three sides is sufficient. Resolution falls under the Board of Selectmen. Ms. Benson to check with Fire Chief to see if there is access to the rear of the buildings and/or if access on three sides is sufficient. Asian Imperial, Electric Avenue - Gating of the emergency access continues to b e an issue. Fire Chief does not want a solid gate. Chain will be redone as a double chain, there will be more signage and reflectors. If the issue is not resolved, it will become a Zoning Board of Appeals issue as the permitting authority. Whalom Road LLC/Lunenburg Village- Applicant requesting to go from 64 to 80 units. Original application was for 120 units. Zoning Board of Appeals welcomes Board comments. Letter will be written to Zoning Board of Appeals as noted above under Emerald Place. Board would like to see the development remain at 64 units, but is aware this is the Zoning Board of Appeals’ jurisdiction. Whites Woods Ph III- Modification approved and filed with the Registry. Medical Marijuana Clinic - Ms. Benson noted how abutting communi ties are handling. Board will proceed to put a one year moratorium bylaw in place while continuing to research. Mr. Allison inquired if there could be a Town point of contact with the Federal Government. Ms. Benson suggested going through the Town’s Sta te Senator. Mr. Lockwood suggested Town Counsel. Motion, Mr. Allison, to create a bylaw for the fall town meeting to put a year moratorium on marijuana clinics, Second, Mr. McQuaid, roll call vote - Mr. Allison, aye; Mr. Bakaysa, aye; Mr. McQuaid, aye; Mr . Lockwood, aye; Ms. Bilotta -Simeone, aye. Motion passed. ===PAGE 3=== Minutes 07.22.13 Page 3 ACTION FILE: 651 Chase Road, solar status- Noted news article that states the Board of Selectmen approved a power purchase agreement with NuGen Capital. Lunenburg Middle/High School, schematics- Scanned to Board; no discussion. MJTC, meeting handouts- Scanned to Board; no discussion. Fee Schedule- Ms. Benson polling neighboring communities as to whether or not they charge for extensions. Will provide more information at the next Board meeting. North County Land Trust Newsletter- Scanned to Board; no discussion. School Building Committee, 6-18-13 meeting notes- Scanned to Board; no discussion. 35 Leominster Road - Noted Zoning Official’s July 8, 2013 letter stating he has conducted several inspections of the property and that the applicant is operating and cleaning the property in conformance with the Special Permit directives. Emerald Place at Lake Whalom, Lakefront, new article- Scanned to Board; no discussion. EPG Solar, Pleasant Street, news article- Scanned to Board; no discussion. Zoning Board of Appeals Public Hearing, 305 Leominster Shirley Road- Scanned to Board; no discussion. Zoning B oard of Appeals Special Permits, 1501R Lancaster Avenue, 19 Mass Ave, 27 Mas s Ave, and 39 Mass Ave - Scanned to Board; no discussion. Building Permits , 325 Sunnyhill Road, 24 Riley Road, 22 Riley Road, 20 Riley Road, and 18 Riley Road - Scanned to Board; no discussion. MEETING SCHEDULE: August 12 – 6:30 PM, Town Hall, will include appointment for Highfield Village August 26 – 6:30 PM, Ritter Memorial Building, Mr. Bakaysa may not be available September 9 – 6:30 PM, Town Hall September 23 – 6:30 PM, Ritter Memorial Building MEMBER ISSUES: Requested pdf’s, current status- Have been requested from developers; awaiting responses. BOARD COMMENT: Mr. Allison inquired if the Town has GIS. Yes, on the Town web under the Assessors. Mr. Allison felt it should be more prominent on the Town’s web. He also noted Harvard’s tutorial for same and requested it be scanned to Board. Mr. Allison p rovided a sample RFP (Request for Proposal) to Mr. Lockwood that he could present at the School Building Committee meeting at his discretion. Mr. Lockwood noted the Committee is working with an OPM. Mr. Allison inquired as to the roles and responsibilities of different Town functions and composition of the Town government. Mr. Bakaysa referred him to the Town Charter. Ms. Benson referred him to the Town Manager through the Board of Selectmen. PUBLIC COMMENT: Ms. Bertram, 312 Townsend Harbor Rod – noted GIS is administered by the Assessors’ Office and suggested Mr. Allison contact Assessor Harald Scheid with any specific questions. Referred to 310 CMR 11.00 and inquired if a MEPA submission was completed with the EPA for Aro Estates. She noted it is u p to the Secretary of Environmental Affairs to determine if a full MEPA filing is required. EXECUTIVE SESSION: Board did not go into Executive Session ADJOURNMENT: Motion to adjourn, Mr. Bakaysa, Second, Mr. McQuaid, adjourned 9:05 PM Documents used at meeting: North County Trust Newsletter MJTC handouts Planning Board Goals School Building Cmte 6-18-13 meeting notes Stone Farm Estates Engineer Review Emerald Place at Lake Whalom news article Highfield Village Extension Request EPG Solar news article Highfield Village Chronological Order ZBA Public Hearing 305 Leominster Shirley Rd Emerald Place at Lake Whalom Occupancy Certificates Sample RFP Whalom Road LLC Letter dated 6-27-13 Harvard’s GIS Tutorial 651 Chase Rd news article 35 Leominster Road Building Official’s status letter Building Permits- 325 Sunnyhill Rd, 24, 22, 20, and 18 Riley Rd School Schematics ZBA Special Permits- 1501R Lancaster Avenue, 19, 27, and 39 Mass Ave Economic Development Element Draft Inventory/Analysis Draft Assessment of Lunenburg’s Current Economic Base – Economic Development Element Video recording on file. Minutes/2013/07.22.13 ======================================================================================== DOCUMENT : 2013-08-12-agenda-3704.txt BOARD : planning-board DATE : 2013-08-12 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2013-08-12-agenda-3704.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_08122013-3704 ======================================================================================== ===PAGE 1=== LUNENBURG PLANNING BOARD TOWN OF LUNENBURG Joanna L. Bilotta-Simeone, Chair Tel: (978) 582-4147 ext 5 Nathan J. Lockwood, Vice-Chair Fax: (978) 582-4353 Damon McQuaid, Clk. 960 Massachusetts Avenue Emerick R. Bakaysa, Mbr. Lunenburg, MA 01462 Matthew Allison, Mbr. Marion M. Benson, Planning Director NOTICE OF MEETING Monday, August 12, 2013 – 6:30 PM Town Hall, 17 Main Street Lunenburg, MA AGENDA 1. ROLL CALL 2. MINUTES APPROVAL: 7-22-13 3. APPOINTMENTS: 6:45 PM- Highfield Village, Mass Ave- Mr. Oldfield & Mr. Godfrey 7:15 PM- ANR- 1401/1417 Mass Ave- Town Manager 4. COMMITTEE REPORTS: MJTC, Matthew Allison MRPC, Joanna Bilotta-Simeone School Building Cmte, Nathan Lockwood Building Reuse Cmte, Damon McQuaid Capital Planning Cmte, Marion Benson 5. OLD BUSINESS: Planning Board Goals 6. PLANNING DIRECTOR’S REPORTS/NEW BUSINESS: DEVELOPMENT STATUS REPORTS- 300 W Holman & 300 Holman St, Saundra Lane, Trustee- MGL Ch 61B, Right of First Refusal Public Document Access via Internet MRPC- Master Planning status Force Corp, 305 Leominster-Shirley Rd- application for retail lumber business Ryan & Amy Lazaro, 617 Leominster Rd- application for driveway permit under MGL Ch 40, §15c (Scenic Road Act) Citizen Survey- update White Tail Crossing, Burrage St- as built status Stone Farm Estates- no report Highfield Village, Mass Ave- Extension Request- Chronological Order New England Farms, Leo Shirley Rd- update (verbal) Emerald Place at Lake Whalom, Lakefront- Interior road & crosswalks (verbal) 9-23-13 w/Board street number changes w/condo reconfiguration weekly update Tri Town Landing, Youngs Road- 40R & 40S Asian Imperial, Electric Ave- replacement of chain fence w/reflectors Whites Woods Ph. III, White Street- no report Medical Marijuana Clinic- Discussion planned location area status & data info 7. ACTION FILE Notices & Communications: Town Clerk’s Memo, Posting of Meetings Abutting cities/towns ZBA Granting of Special Permit- 321 Whalom Rd 5 Spring St 178 Peninsula Dr ZBA Public Hearing, 29 Pine Acres Rd 301 CMR 11.00 – MEPA Regulations Fee Schedule- update Fin Com Liaisons Tri Town Landing, Youngs Rd- fence placement report Whalom Road LLC/Lunenburg Village- continuance of ZBA Hearing Hazard Mitigation Plan Update Lunenburg School Plan- news article ===PAGE 2=== 8. MEETING SCHEDULE: August 26 – 6:30 PM, Ritter Memorial Building September 9 – 6:30 PM, Town Hall September 23 – 6:30 PM, Ritter Memorial Building, Appt w/Emerald Place 9. MEMBER ISSUES: Town Land Acquisition for Town Beach Requested pdf’s, current status 10. BOARD COMMENT 11. PLANNING DIRECTOR COMMENT Update of Rules and Regulations Governing the Subdivision of Land Update of Rules and Regulations for Telecommunication and Cellular Towers 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 litigation if an open meeting may have a detrimental effect on the government’s litigation position. 14. ADJOURNMENT Agenda/2013/08.12.13 ======================================================================================== DOCUMENT : 2013-08-12-minutes-3704.txt BOARD : planning-board DATE : 2013-08-12 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2013-08-12-minutes-3704.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_08122013-3704 ======================================================================================== ===PAGE 1=== ===PAGE 2=== ===PAGE 3=== ===PAGE 4=== ======================================================================================== DOCUMENT : 2013-08-26-agenda-3705.txt BOARD : planning-board DATE : 2013-08-26 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2013-08-26-agenda-3705.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_08262013-3705 ======================================================================================== ===PAGE 1=== LUNENBURG PLANNING BOARD TOWN OF LUNENBURG Joanna L. Bilotta-Simeone, Chair Tel: (978) 582-4147 ext 5 Nathan J. Lockwood, Vice-Chair Fax: (978) 582-4353 Damon McQuaid, Clk. 960 Massachusetts Avenue Emerick R. Bakaysa, Mbr. Lunenburg, MA 01462 Matthew Allison, Mbr. Marion M. Benson, Planning Director NOTICE OF MEETING & WORKSHOP Monday, August 26, 2013 – 5:30 PM Town Hall, 17 Main Street Lunenburg, MA AGENDA 1. ROLL CALL 2. WORKSHOP- Planning Board Goals 3. APPOINTMENT: 6:30 PM- School Building Committee- Presentation to the Planning Board 4. MINUTES APPROVAL: 8-12-13 5. COMMITTEE REPORTS: MJTC, Matthew Allison MRPC, Joanna Bilotta-Simeone School Building Cmte, Nathan Lockwood Building Reuse Cmte, Damon McQuaid Capital Planning Cmte, Marion Benson 6. OLD BUSINESS: 7. PLANNING DIRECTOR’S REPORTS/NEW BUSINESS: DEVELOPMENT STATUS REPORTS- Stone Farm Estates, Mass Ave- Highfield Village, Mass Ave- New England Farms, Leo Shirley Rd- Emerald Place at Lake Whalom, Lakefront- Tri Town Landing, Youngs Road- Whalom Road LLC/Lunenburg Village- Whites Woods Ph. III, White Street- Medical Marijuana Clinic- 8. ACTION FILE 9. MEETING SCHEDULE: September 9, 2013, 6:30 PM, Town Hall September 23, 2013, 6:30 PM, Ritter Building 10. MEMBER ISSUES: 11. BOARD COMMENT 12. PLANNING DIRECTOR 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 litigation if an open meeting may have a detrimental effect on the government’s litigation position. 15. ADJOURNMENT Agenda/2013/08.26.13 ======================================================================================== DOCUMENT : 2013-08-26-minutes-3705.txt BOARD : planning-board DATE : 2013-08-26 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2013-08-26-minutes-3705.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_08262013-3705 ======================================================================================== ===PAGE 1=== INITIALS _______ _______ _______ _______ _______ LUNENBURG PLANNING BOARD TOWN OF LUNENBURG Joanna L. Bilotta-Simeone, Chair Tel: (978) 582-4147, ext 5 Nathan J. Lockwood, Vice-Chair Fax: (978) 582-4353 Damon McQuaid, Clk. 960 Massachusetts Avenue Emerick R. Bakaysa, Mbr. Lunenburg, MA 01462 Matthew Allison, Mbr. Marion M. Benson, Planning Director Minutes August 26, 2013 Meeting Posted: Yes Place: Town Hall, 17 Main Street, Lunenburg, MA Time: 5:30 PM Present: Joanna L. Bilotta-Simeone, Emerick R. Bakaysa (arrived late), Nathan J. Lockwood, Damon McQuaid, Matthew Allison, Marion M. Benson WORKSHOP- Planning Board Goals - Mr. Allison stated he is not satisfied with the level of disclosure on the Director’s job description. He stated he asked Ms. Benson for a copy and she responded that he could not have one. Ms. Benson noted this evening they are her goals and need to be reviewed with the Town Manager. Ms. Bilotta -Simeone noted that Mr. A llison is looking for a copy of the Planning Director’s job de scription and what the Town Manager and the Planning Director have stated are to be the Director’s goals. Ms. Bilotta-Simeone reiterated that Mr. Allison is not looking for Marion Benson’s job description, but a job description of the Planning Director for the Town of Lunenburg. Ms. Bilotta-Simeone noted that is public record and the Board can get that for him. Mr. Allison questioned how frequently the Rules and Regulations Governing the Subdivision of Land (hereinafter referred to as R&R) should be updated. Ms. Benson responded every ten years. She noted she has been conferring with area engineers and as it is quite costly to update the R&R, the area engineers recommend that they be updated internally by the Planning B oard in conjunction (if necessary) with the appropriate departments. Ms. Benson will work on updating sections of the R&R for Board members to review between meetings. Mr. Allison noted that the Agricultural Commission would like to provide input on dete rmining if Northfield Road and Flat Hill Road meet criteria for Scenic Roads in Lunenburg. Mr. McQuaid inquired as to what is the Scenic Road criteria. Mr. Lockwood noted that #4, To Manage Growth Through Thorough Reviews of Development is an ongoing pro cess with the Board. #7 To Devise Communication Strategy for Citizens via Signboards, Social Media, etc., will also be an on -going process due to technology advancements. Ms. Bilotta - Simeone noted she would like to see the various committee chairs meet e very 3-4 months. She also recommended an ad hoc economic development committee to work with MRPC to help determine the avenue to bring in tourism. Mr. Lockwood recommending publishing sections to facebook.com in advance for individuals’ comments/input. Ms. Bilotta-Simeone noted that the Board should keep track of Town owned land. Ms. Benson noted that falls under the Open Space Ad Hoc Committee which was appointed by the Board of Selectmen. Mr. Allison noted that the Town has surpassed a population of 10,000 which, under MGL Ch 40 Section 10, entitles it to maintain one or more public markets ; he has brought this to the attention of the Town Manager. Also, that MGL Ch 40 Section 8K discusses the formation of a mapping commission by town s by by -law. M r. McQuaid asked who coordinated GIS. Ms. Benson responded the IT Director and Assessor. Ms. Benson to type up assignments as follows for next Board meeting for approval. BOARD GOALS: Six (6) CATEGORIES Housing Community and Recreation Communication Economics – Center/other areas Agricultural Rules and Regulations Governing the Subdivision of Land ===PAGE 2=== Minutes 08.26.13 Page 2 1. Responsibility-Assignment: BOARD To fulfill the above statutory requirements under the policies of the Planning Board. 2. Responsibility-Assignment: BOARD To continue updating the Master Plan. 3. Responsibility-Assignment: BOARD To bring forth new bylaws and/or regulations for the protection of the Town by developing communication links and process and procedures. 4. Responsibility-Assignment: BOARD To manage growth through thorough reviews of development. 5. Responsibility-Assignment: TOBY BAKAYSA To continue to update the Planning Board’s Procedures and Policies. 6. Responsibility-Assignment: NATHAN LOCKWOOD To continue to increase communication to all governmental bodies and to citizens of the community. 7. Responsibility-Assignment: NATHAN LOCKWOOD To devise communication strategy for citizens via signboards, social media, etc. 8. Responsibility-Assignment: DAMON McQUAID To preserve Town Center. 9. Responsibility-Assignment: JOANNA BILOTTA-SIMEONE To determine an avenue to bring in tourism, yet still maintain rural atmosphere. 10. A. Responsibility-Assignment: NATHAN LOCKWOOD Residential development 10. B. Responsibility-Assignment: JOANNA BILOTTA-SIMEONE To form an economic development sub-group to devise ways to increase affordable and senior housing. 11. Responsibility-Assignment: MATTHEW ALLISON Determine what the Board needs to do from a zoning perspective to encourage both citizens and developer s to purchase “local”, e.g., Farmers’ Market. 12. Responsibility-Assignment: JOANNA BILOTTA-SIMEONE Determine how to bring in more commercial development, e.g., solar farms to provide additional revenue to town. 13. Responsibility-Assignment: TOBY BAKAYSA Update the Rules and Regulations Governing the Subdivision of Land to include a reviewing engineer checklist. This checklist will be reviewed annually by the Board. 14. Responsibility-Assignment: JOANNA BILOTTA-SIMEONE Determine incentives for existing commercial properties for site improvement. 15. Responsibility-Assignment: MATTHEW ALLISON Determine ways to expand the Agricultural Preservation Restriction Program. 16. Responsibility-Assignment: JOANNA BILOTTA-SIMEONE Economics-Determine incentives for small businesses to locate in Lunenburg. 17. Responsibility-Assignment: JOANNA BILOTTA-SIMEONE Determine incentives to attract summer activities to Lunenburg. PRESENTATION- School Building Committee - Board briefed by School Building Committee in conjunction with Lunenbur g School Committee. PowerPoint presentation by Michael Mackin, School Committee as follows: High School Existing Conditions Feedback from NEASC High School Existing Building Condition High School Existing Building Capacity Educational Vision/Goals Proposed District-Wide Building Configuration Collaborative Process Milestone Schedule Preliminary Options Studied Conceptual Construction Phasing Plan Schematic Design Perspective Massing from the South West Schematic Design Perspective Administration and High School Classroom Wing Schematic Design Perspective Main Entry Schematic Design Perspective Media Center and Greenhouse Schematic Design Perspective Middle School Classroom Wing Stay Connected to the Project ===PAGE 3=== Minutes 08.26.13 Page 3 The Committees hope t o come to either a December 2013 or January 2014 special town meeting with a total cost estimate and seek support of the voters. If the article passes, projected begin date for construction is mid fall 2014. The new school w ould open at the beginning of the September 2016 school year. In fall 2016 the existing high school would be demolished. Charles Hay, Architect for Tappe Associates gave an overview of the schematic design perspective. It will be a sustainable, green building. Board questions – Mr. Allison inquired as to a capacity analysis or any road improvements on Oak Avenue. Mr. Hay noted no full traffic study d one. As it is a low volume roadway, a traffic study would only be beneficial if there is an assumption that a signal would be r equired. He noted that the MSBA will reimburse the Town over 50% of the project costs, but does not reimburse communities for any off - site improvements. Mr. Bakaysa asked if there would be student parking on the upper level. Mr. Hay noted that is an administrative question, but the concept is no. The concept is that students will get a permit and be in the student lot. Parking adjacent to the Passios is being held in abeyance as the future of the Passios is unknown. Mr. Bakaysa also inquired if there was sidewalk access from both Mass Ave and Oak Ave. Yes. Also, if the Passios is done away with, is there any consideration to put a second gymnasium in the new building? Mr. Mackin noted in addition to the large gym, there are two large spaces that could be used for exercise, dance, aerobics, etc. Another community gym is not part of the pro ject. The gym is designed to MSBA specifications. Mr. McQuaid also concerned with location and quantity of parking. Mr. Bakaysa inquired if the existing lights on the football field would be re -used. Possibly some of them. Renovate/new tennis courts? Probably. Ms. Benson inquired if the gymnasium can be divided . There is a net divider that splits the gymnasium into two sections. It will also have separate locker rooms for middle and high school students. Ms. Benson noted citizens have asked her when they will be voting on the new school. Mr. Mackin noted it will go to a fall town meeting. Mr. Allison inquired if student numbers incorporated that will account for possible new development within the Town. Yes. This will be both a town meeting and then a ballot question. MINUTES APPROVAL: 8-12-13, Motion to approve minutes as amended , Mr. Lockwood, Second, Mr. McQuaid . Minutes signed. COMMITTEE REPORTS: MJTC, Mr. Allison- No August meeting. MRPC, Ms. Bilotta-Simeone- Meeting to be held August 27th. School Building Committee, Mr. Lockwood- Meeting to be held August 27th. Building Reuse Committee, Mr. McQuaid - Committee has toured Passios. Mr. L onda noted current uses – FLLAC Collaborative, Lunenburg Cable, some school administrative offices. Building in decent condition. Building has asbestos. Capital Planning Committee, Ms. Benson- Packet will be sent to departments on September 3rd. PLANNING DIRECTOR’S REPORTS/NEW BUSINESS/DEVELOPMENT STATUS REPORTS: 300 W. Holman & 300 Holman St- No present action. Public Document Access- Process ongoing with IT Director. MRPC- Packets distributed to members on Village Area Study and Downtown Zo ning Repair. It was noted that the Town is not paying MRPC to do the DLTA; MRPC is paid by the State. Force Corp., 305 Leominster Shirley Rd- Applicant has received a use permit from the ZBA. A DPR needs to be done for the new building. Office is still waiting for the complete application submittal. Ryan & Amy Lazaro, 617 Leominster Road- No report White Tail Crossing- No report Stone Farm Estates- No report Highfield Village, Massachusetts Avenue- No report Mobil Station, Leominster Shirley Road- Work continues. Vendors will be Mobil, Dunkin’ Donuts and Honey Farms. Emerald Place at Lake Whalom- Weekly update provided to Board members Tri Town Landing, Youngs Road - State required reports completed. Town does not qualify for 40S reimbursement . Mr. Bakaysa requested the “formula” for qualification. Whalom Road LLC/Lunenburg Village- Noted ZBA continuance to August 28th. Whites Woods, Phase III, White Street- No report ===PAGE 4=== Minutes 08.26.13 Page 4 Medical Marijuana Clinic- Sample bylaw provided to Board members previously. Special town meeting may not be held until January-February 2014 timeframe. Board looking for a moratorium at this time. Fee Schedule Update- No update. Board inquired as to annual fees of both Shirley and Harvard. ACTION FILE: Citizen Survey- Survey revised to include question on a marijuana clinic and to include defi nition of CPA. In process with IT Director. Ms. Benson will conduct seminars with seniors at the Eagle House. DPW Request for Service Form - Noted if there are questions on Town roadways, form is available for completion on DPW website. Permit Extension Act-Scanned to Board members. Town Land Acquisition for Town Beach- Previously submitted to Board members. Town Center- Previously submitted to Board members. Ms. Benson recommended it be included in the Board Goals. Lunenburg Hazard Mitigation Plan Update- Previously submitted to Board members. Mr. Allison quoted a portion of the matrix located on pg. 84, “The Planning Board is reviewing Zoning By laws and regulations to determine the best way to accomplish all Flood Related Hazards m itigations.” Ms. Benson noted that the Board should review the Lunenburg Hazard Mitigation Plan Update and decide if they want to take any action. Board to discuss at its September 9th meeting. MEETING SCHEDULE: September 9 – 6:30 PM, Town Hall September 23 – 6:30 PM, Ritter Memorial Building MEMBER ISSUES: Mr. Allison inquired if an Order of Conditions was issued for the mobil station at 134 Leominster Shirley Road. Ms. Benson will provide him with the Approval. He also noted that the PDF copy he received of same did not have Planning Board signatures and that it contained numerous errors. Mr. Bakaysa responded that the Board does not sign design plans; they s ign plans for the subdivision of land. The Board signs the Findings and Directives for design plans. Ms. Bilotta-Simeone noted that individual Board members cannot task Ms. Benson without Board direction. EXECUTIVE SESSION: Board did not go into Executive Session ADJOURNMENT: Motion to adjourn, Mr. Allison, Second, Mr. Lockwood, adjourned 7:45 PM. Documents used at meeting: Planning Board Goals MRPC Documents Citizen Survey DPW Request for Service Form Permit Extension Act Emerald Place at Lake Whalom Weekly Update Fee Schedule Research Video recording on file. Minutes/2013/08.26.13 ======================================================================================== DOCUMENT : 2013-09-09-agenda-3706.txt BOARD : planning-board DATE : 2013-09-09 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2013-09-09-agenda-3706.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_09092013-3706 ======================================================================================== ===PAGE 1=== LUNENBURG PLANNING BOARD TOWN OF LUNENBURG Joanna L. Bilotta-Simeone, Chair Tel: (978) 582-4147 ext 5 Nathan J. Lockwood, Vice-Chair Fax: (978) 582-4353 Damon McQuaid, Clk. 960 Massachusetts Avenue Emerick R. Bakaysa, Mbr. Lunenburg, MA 01462 Matthew Allison, Mbr. Marion M. Benson, Planning Director NOTICE OF MEETING Monday, September 9, 2013 – 6:30 PM Town Hall, 17 Main Street Lunenburg, MA AGENDA 1. ROLL CALL 2. 6:30 PM- EXECUTIVE SESSION: In accordance with M.G.L. Chapter 39, §23B(3) for the purpose of discussing strategy with respect to litigation of O’Brien Homes Inc. vs Town of Lunenburg if an open meeting may have a detrimental effect on the government’s litigation position 3. MINUTES APPROVAL: Approve 8-26-13 4. COMMITTEE REPORTS: MJTC, Matthew Allison MRPC, Joanna Bilotta-Simeone School Building Cmte, Nathan Lockwood Building Reuse Cmte, Damon McQuaid Capital Planning Cmte, Marion Benson 5. OLD BUSINESS: Planning Board Goals- Board member updates 6. PLANNING DIRECTOR’S REPORTS/NEW BUSINESS: DEVELOPMENT STATUS REPORTS- Stone Farm Estates- no report Highfield Village, Mass Ave- Supplemental Draft EIS Mobil Station, Leo Shirley Rd- weekly update (progress continues) Emerald Place at Lake Whalom, Lakefront- scheduled meeting – 9-23-13 Tri Town Landing, Youngs Road- weekly update Whalom Road LLC/Lunenburg Village- extension of ZBA Public Hearing to 9-25-13 Whites Woods Ph. III, White Street- no report Medical Marijuana Clinic- area status MGL Ch 40, §10 Lunenburg Hazard Mitigation Plan Update 7. ACTION FILE Citizen Survey- no update Landscape Yard Area Requirements Town Owned Land Fee Schedule- update MRPC- update Rules and Regulations Governing the Subdivision of Land Conservation Commission Notices Building Permits Zoning Board of Appeals Public Hearing NRWA September 2013 Events 8. MEETING SCHEDULE: September 23- Ritter Memorial Building regular mtg/Emerald Place appt/Force Corp. Info Mtg October 14- HOLIDAY October 28- Ritter Memorial Building 9. MEMBER ISSUES: 10. BOARD COMMENT 11. PLANNING DIRECTOR COMMENT 12. PUBLIC COMMENT 13. ADJOURNMENT Agenda/2013/09.09.13 ======================================================================================== DOCUMENT : 2013-09-09-minutes-3706.txt BOARD : planning-board DATE : 2013-09-09 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2013-09-09-minutes-3706.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_09092013-3706 ======================================================================================== ===PAGE 1=== INITIALS _______ _______ _______ _______ _______ LUNENBURG PLANNING BOARD TOWN OF LUNENBURG Joanna L. Bilotta-Simeone, Chair Tel: (978) 582-4147, ext 5 Nathan J. Lockwood, Vice-Chair Fax: (978) 582-4353 Damon McQuaid, Clk. 960 Massachusetts Avenue Emerick R. Bakaysa, Mbr. Lunenburg, MA 01462 Matthew Allison, Mbr. Marion M. Benson, Planning Director Minutes September 9, 2013 Meeting Posted: Yes Place: Town Hall, 17 Main Street, Lunenburg, MA Time: 6:30 PM Present: Joanna L. Bilotta-Simeone, Emerick R. Bakaysa, Nathan J. Lockwood, Damon McQuaid, Matthew Allison Absent: Marion M. Benson EXECUTIVE SESSION: Separate minutes MINUTES APPROVAL: Motion to approve 8-26-13, Mr. Lockwood, Second, Mr. McQuaid. Minutes signed. COMMITTEE REPORTS: MJTC, Mr. Allison- No meeting MRPC, Ms. Bilotta -Simeone- Discussion regarding the possible casino (slot machines only) to be located on Route 117 in Leominster. School Building Committee, Mr. Lockwood - Committee had discussion as to how number of students was calculated. The project must go to town meeting; no date set yet for a fall town meeting. Committee is discussing a possible January Special Town Meeting. Building Reuse Committee, Mr. McQuaid- No meeting Capital Planning Committee, Ms. Benson- No report OLD BUSINESS: Planning Board Goals - Board members will review their individual “assignments” with continued discussion at the September 23 rd Board Meeting. Ms. Bilotta -Simeone noted if any member has a specific q uestion regarding same, they can email Ms. Benson. PLANNING DIRECTOR’S REPORTS/NEW BUSINESS/DEVELOPMENT STATUS REPORTS: Stone Farm Estates- No report Highfield Village, Massachusetts Avenue- Supplemental Draft EIS received in Planning Office. Mobil Stat ion, Leominster Shirley Road - Work continues. Progress reports being submitted to the Planning Office. Mr. Allison requested that Progress Reports be distributed to Board members as they are received in the office . He questioned the proposed sewer line being located six inches above the water main as he believes industry standard is a minimum of 18 inch separation. Mr. Bakaysa noted that the Board hires reviewing engineers to make those judgments and that the Board should not be reviewing something tha t has already been reviewed by a certified engineer. It is the intent for Board members to work relative to the Town’s bylaws. If there had been an issue, the reviewing engineer would have brought it to the Board’s atten tion. Mr. Bakaysa felt Mr. Alliso n was implying that the reviewing engineer did not have all his facts. Mr. Lockwood opined that if a Board member has expertise in an area, he/she should be allowed to voice concerns. Ms. Bilotta -Simeone noted that when the project engineer and the reviewing engineer are before the Board for a project, that is the time to ask those questions. To sit and say that on approved plans, the plans are all wrong, is inappropriate. Emerald Place at Lake Whalom- Appointment at 6:45 PM, September 23, 2013. Tri Town Landing, Youngs Road- Board requested Ms. Benson forward 40S guidelines to Board members. Whalom Road LLC/Lunenburg Village - Hearing continued to September 25, 2013. Mr. Allison n oted he attended the last continuation and brought before the ZBA the fact that he felt the name “Lunenburg Village” was inappropriate. ===PAGE 2=== Minutes 09.09.13 Pg 2 Whites Woods, Phase III, White Street- No report Medical Marijuana Clinic- not discussed MGL Ch 40 §10- Section states that “…a town having a population of not less than ten thousand, may provide and maintain one or more public markets,…for this purpose may acquire land by gift or purchase…” Mr. Allison opined this would benefit the Agricultural Commission. He noted he brought up a mapping commission at the last Board meeting and a municipal data processing center; he has also brought these items to the Town Manager’s attention. Lunenburg Hazard Mitigation Plan Update - As noted at the August 26 th Board meeting, Mr. Allison again quoted a portion of the matrix on pg. 84, “The Planning Board is reviewing Zoning Bylaws and regulations to determine the best way to accomplish all Flood Related Hazards Mitigations.” Ms. Bilotta -Simeone noted Fire Chief Sullivan informed Ms. Benson there has been no update since September 2012 and he will inform Ms. Benson when another meeting is scheduled. Mr. Allison noted Meeting Notice dated June 25, 2013. Ms. Bilotta-Simeone will request Ms. Benson check. ACTION FILE: Citizen Survey- Account won’t be activated until payment received. IT Director will inform the Planning Office when account is up and running. Landscape Yard Area Requirements- not discussed Town Owned Land- Noted list Fee Schedule- Noted Fee Schedules for Harvard and Shirley MRPC- Will present to the Board on September 23, 2013. Rules and Regulations Governing the Subdivision of Land- not discussed Notices and Communications- not discussed NRWA September 2013 Events-not discussed MEETING SCHEDULE: September 23 – 6:30 PM, Ritter Memorial Building October 14 – HOLIDAY – Board will determine a meeting date at its September 23rd meeting. October 28 – Ritter Memorial Building MEMBER ISSUES: 1. Mr. Allison noted the Agricultural Commission is interested in how a 4 -H is developed within a town. He also noted in looking through the 2011 Town Elected Officials that Ruth Anderson is a 4-H representative. 2. Mr. Allison is not clear on his position as Liaison with the Agricultural Commission. His understanding from the Commission Chair is that, per Ms. Benson, he is there to observe and not partake in the communications. Ms. Bilotta - Simeone noted he is the Liaison. Mr. McQuaid opined that Mr. Allison’s role as Liaison was to answer any questions the Agricultural Commission may have and to relay information to the P lanning Board. He is not an active, voting member, but more of a resource for the Commission. Mr. Lockwood opined that if there are issues of common concern Mr. Allison can be the conduit between the Board and the Commission. 3. Ms. Bertram, Board of Sele ctmen, spoke to her role as Liaison between the Board of Selectmen and the Planning Board. The Board of Selectmen felt this was an avenue to understand what goes on throughout the Town. She is a resource for the Planning Board, but not an active particip ant in the Planning Board process. She shares with the Board of Selectmen what is going on with the Planning Board. 4. Mr. Allison noted that the Agricultural Commission questions the Building Reuse Committee as to locating a grange hall at the old primary school. Mr. McQuaid, Building Reuse Committee member, noted that the building is not the focus of the Reuse Committee and there is still the potential for senior housing to be located there through HUD. Mr. McQuaid requested that Mr. Allison inquire of basic needs of the Agricultural Commission, which he will bring forth to the Reuse Committee. 5. Mr. Lockwood hopes that with Town Center planning, the old primary school will become a topic of discussion. 6. Mr. McQuaid noted there is no central location fo r all Town documents and that some of the old blueprint drawings the Reuse Committee is viewing are missing pages . He requested if anyone within Town is aware of where they may be, to please get them to the Reuse Committee for scanning. ===PAGE 3=== Minutes 09.09.13 Pg 3 7. Mr. Lockwood noted in reviewing Bylaws, and Rules and Regulations, there are no enforcements and/or penalties if an applicant does not comply with the Bylaw and/or Rules and Regulations. He would like to discuss augmenting the Rules and Regulations Governing the Subdivision of Land with appropriate enforcement measures/ penalties. This will be an Action Item for the September 23, 2013 meeting. Ms. Bilotta -Simeone w ill request Ms. Benson check with surrounding communities for their enforcements. 8. Mr. Allison noted that the 2011 Town Report stated 40 iPads were purchased for the schools and he felt they could be shared with the Board. 9. Ms. Bilotta-Simeone inquired of Ms. Bertram the status of the gas station located in the center of Town. Ms. Be rtram noted there is a legal owner. Of concern is i f the Town a uctions the property, what responsibility does the Town assume under MGL Ch 21E. It is a contaminated site. 10. Ms. Bertram noted the old primary school may possibly be developed as Over 55 hou sing. She also noted the Lane property on Holman Street is being actively marketed. The Board of Selectmen is l ooking to create overall criteria by which to evaluate Chapter land so when a property becomes available, they will have this resource. This resource will help them determine whether or not the Town should attempt to purchase the land. ADJOURNMENT: Motion to adjourn, Mr. Bakaysa, Second, Mr. Allison, adjourned 8:42 PM. Documents used at meeting: Minutes 8-26-13 Planning Board Goals Mobil Station Progress Report Whalom Road LLC Hearing Continuation Notice MGL Ch 40, §10 Lunenburg Hazard Mitigation Plan Update Town Owned Land listing Fee Schedules- Harvard and Shirley Minutes/2013/09.09.13