# planning-board — 33 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 : 2014-01-06-agenda-3787.txt BOARD : planning-board DATE : 2014-01-06 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2014-01-06-agenda-3787.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_01062014-3787 ======================================================================================== ===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, January 6, 2014 – 6:30 PM Town Hall, 17 Main Street Lunenburg, MA In accordance with the requirements of the Open Meeting Law, please be advised that this meeting is being recorded and broadcast over Lunenburg Public Access. AGENDA 1. ROLL CALL 2. PUBLIC HEARING- Planning Board Warrant Article- Special Town Meeting January 7, 2014 3. Special Town Meeting, January 7, 2014 4. ADJOURNMENT Agenda/2014/01.06.14 ======================================================================================== DOCUMENT : 2014-01-06-agenda-3788.txt BOARD : planning-board DATE : 2014-01-06 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2014-01-06-agenda-3788.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_01062014-3788 ======================================================================================== ===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 TOWN OF LUNENBURG PUBLIC HEARING The Lunenburg Planning Board will hold a Public Hearing on January 6, 2014, 6:30 PM, Joseph Bilotta Meeting Room, Town Hall, 17 Main Street, Lunenburg, MA to add to the Zoning Bylaw a new Section 9.0. entitled Temporary Moratorium on Medical Marijuana Treatment Centers/Registered Marijuana Dispensaries. Copies are on file in the Planning Office. Notice of said hearing will be posted in the usual posting places. Cc: Abutting Cities/Towns State Agencies Town Departments Townmet/Jan 2014 STM/art 3 PH ======================================================================================== DOCUMENT : 2014-01-06-minutes-3787.txt BOARD : planning-board DATE : 2014-01-06 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2014-01-06-minutes-3787.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_01062014-3787 ======================================================================================== ===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 Public Hearing Minutes Special Town Meeting Article January 6, 2014 Meeting Posted: Yes Place: Town Hall, 17 Main Street, Lunenburg, MA. 01462 Time: 6:30 PM Members Present: Joanna L. Bilotta -Simeone, Chair, Nathan J. Lockwood , Vice Chair, Damon McQuaid, Emerick R. Bakaysa, Matthew Allison, Marion M. Benson, Planning Director Chair opened the Public Hearing at 6:30 PM with the reading of the legal notice published in the Sentinel & Enterprise on December 23 and December 30, 2013. The Public Hearing was to hear an a mendment to the Zoning Bylaw to add a new Section 9.0. entitled Temporary Moratorium on Medical Marijuana Treatment Centers/Registered ,Marijuana Dispensaries. Notices were sent to abutting towns, cities, agencies and Town departments. MODEL MORATORIUM WARRANT ARTICLE Article: 2 To see if the Town will vote to amend the Town’s Zoning Bylaw by adding a new Section 9.0., entitled TEMPORARY MORATORIUM ON MEDICAL MARIJUANA TREATMENT CENTERS/REGISTERED MARIJUANA DISPENSARIES, that would provide as follows, and further to amend the Table of Contents to add Section 9.0., “Temporary Moratorium on Medical Marijuana Treatment Centers/Registered Marijuana Dispensaries:” Section 9.0.1. Purpose By vote at the State election on November 6, 2012, the voters of the Commonwealth approved a law regulating the cultivation, distribution, possession and use of marijuana for medical purposes. The law provides that it is effective on January 1, 2 013. On May 8, 2013, the State Department of Public Health promulgated Regulations that became effective on May 24, 2013. Currently under the Zoning Bylaw, a Medical Marijuana Treatment Center, identified in the State Regulations as a Registered Marijuana Dispensary, is not a permitted use in the Town of Lunenburg. The State Regulations provide guidance to the Town in regulatin g medical marijuana, including Medical Marijuana Treatment Centers/Registered Marijuana Dispensaries. The regulation of medical marijuana raises novel and complex legal, planning, and public safety issues and the Town needs time to study and consider the regulation of such use and address such novel and complex issues, as well as to address the potential impact of the State regulat ions on local zoning and to undertake a planning process to consider amending the Zoning Bylaw regarding regulation of medical marijuana treatment centers and other uses related to the regulation of medical marijuana. The Town intends to adopt a temporary moratorium on the use of land and structures in the Town for Medical Marijuana Treatment Center/Registered Marijuana Dispensaries so as to allow the Town sufficient time to engage in a planning process to address t he effects of such structures and uses in the Town and to enact bylaws in a manner consistent with sound land use planning goals and objectives. Section 9.0.2. Definition “Medical Marijuana Treatment Center” shall mean a “not -for-profit entity, as defined by Massachusetts law only, registered by the Department of Public Health as a Registered Marijuana Dispensary, that acquires, cultivates, possesses, processes (including development of related products such as food, tinctures, aerosols, oils or ointments), transfers, transports, sells, distr ibutes, dispenses, or administers marijuana, products containing marijuana, related supplies, or educational materials to qualifying patients or their personal caregivers.” ===PAGE 2=== Minutes STM Article 01.06.14 Section 9.0.3. Temporary Moratorium For the reasons set forth above and notwithstanding any other provision of the Zoning Bylaw to the contrary, the Town hereby adopts a temporary moratorium on the use of land or structures for a Medical Marijuana Treatment Center/Registered Marijuana Dispensary. The moratorium shall be in effect through December 31, 2014 or until such time as the Town adopts Zoning Bylaw amendments that regulate Medical Marijuana Treatment Centers/Registered Marijuana Dispensaries and related uses, whichever occurs earlier. During the mora torium period, the Town shall undertake a planning process to address the potential impacts of medical marijuana in the Town, consider the State R egulations and related uses, and shall consider adopting new Zoning Bylaws to address the impact and operation of Medical Marijuana Treatment Centers/Registered Marijuana Dispensaries and related uses; or take any action relative thereto. D. McQuaid inquired if the Town would benefit economically; e.g., are Town taxes different for a not -for-profit entity. M. Benson to inquire of Town Counsel. J. Bilotta-Simeone opened the Hearing to public comment. Bob Ebersole, 94 Main Street - Encouraged the Board to have a bylaw for adoption at the May Town Meeting. Noted that if a dispensary is not within a certain radiu s of the community, community residents with the need for medical marijuana can apply for a hardship cultivation permit (which would be separate from zoning). N. Lockwood noted that hardship cultivation could also be financial (if a patient cannot afford the price a dispensary is charging) . He opined that most insurance plan s would probably not cover medical marijuana and that banks probably do not want to be involved either. He believes there are also restrictions on how an individual will pay for their medical marijuana; probably cash only. The Commonwealth of Massachusetts has mandated a price floor for medical marijuana to avoid patients reselling it on t he illegal market. E. Bakaysa inquired as to what happens if the Moratorium Warrant Article d oes not pass at STM as it is currently not a permitted use in Town. What would be the consequences to the Town? E. Bakaysa, Motion to adjourn, Second, D. McQuaid, Motion passed. Adjourned 6:50 PM. Minutes/public hearings 2014/town mtg art 01.06.14 ======================================================================================== DOCUMENT : 2014-01-06-minutes-3788.txt BOARD : planning-board DATE : 2014-01-06 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2014-01-06-minutes-3788.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_01062014-3788 ======================================================================================== ===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 Public Hearing Minutes Special Town Meeting Article January 6, 2014 Meeting Posted: Yes Place: Town Hall, 17 Main Street, Lunenburg, MA. 01462 Time: 6:30 PM Members Present: Joanna L. Bilotta -Simeone, Chair, Nathan J. Lockwood , Vice Chair, Damon McQuaid, Emerick R. Bakaysa, Matthew Allison, Marion M. Benson, Planning Director Chair opened the Public Hearing at 6:30 PM with the reading of the legal notice published in the Sentinel & Enterprise on December 23 and December 30, 2013. The Public Hearing was to hear an a mendment to the Zoning Bylaw to add a new Section 9.0. entitled Temporary Moratorium on Medical Marijuana Treatment Centers/Registered ,Marijuana Dispensaries. Notices were sent to abutting towns, cities, agencies and Town departments. MODEL MORATORIUM WARRANT ARTICLE Article: 2 To see if the Town will vote to amend the Town’s Zoning Bylaw by adding a new Section 9.0., entitled TEMPORARY MORATORIUM ON MEDICAL MARIJUANA TREATMENT CENTERS/REGISTERED MARIJUANA DISPENSARIES, that would provide as follows, and further to amend the Table of Contents to add Section 9.0., “Temporary Moratorium on Medical Marijuana Treatment Centers/Registered Marijuana Dispensaries:” Section 9.0.1. Purpose By vote at the State election on November 6, 2012, the voters of the Commonwealth approved a law regulating the cultivation, distribution, possession and use of marijuana for medical purposes. The law provides that it is effective on January 1, 2 013. On May 8, 2013, the State Department of Public Health promulgated Regulations that became effective on May 24, 2013. Currently under the Zoning Bylaw, a Medical Marijuana Treatment Center, identified in the State Regulations as a Registered Marijuana Dispensary, is not a permitted use in the Town of Lunenburg. The State Regulations provide guidance to the Town in regulatin g medical marijuana, including Medical Marijuana Treatment Centers/Registered Marijuana Dispensaries. The regulation of medical marijuana raises novel and complex legal, planning, and public safety issues and the Town needs time to study and consider the regulation of such use and address such novel and complex issues, as well as to address the potential impact of the State regulat ions on local zoning and to undertake a planning process to consider amending the Zoning Bylaw regarding regulation of medical marijuana treatment centers and other uses related to the regulation of medical marijuana. The Town intends to adopt a temporary moratorium on the use of land and structures in the Town for Medical Marijuana Treatment Center/Registered Marijuana Dispensaries so as to allow the Town sufficient time to engage in a planning process to address t he effects of such structures and uses in the Town and to enact bylaws in a manner consistent with sound land use planning goals and objectives. Section 9.0.2. Definition “Medical Marijuana Treatment Center” shall mean a “not -for-profit entity, as defined by Massachusetts law only, registered by the Department of Public Health as a Registered Marijuana Dispensary, that acquires, cultivates, possesses, processes (including development of related products such as food, tinctures, aerosols, oils or ointments), transfers, transports, sells, distr ibutes, dispenses, or administers marijuana, products containing marijuana, related supplies, or educational materials to qualifying patients or their personal caregivers.” ===PAGE 2=== Minutes STM Article 01.06.14 Section 9.0.3. Temporary Moratorium For the reasons set forth above and notwithstanding any other provision of the Zoning Bylaw to the contrary, the Town hereby adopts a temporary moratorium on the use of land or structures for a Medical Marijuana Treatment Center/Registered Marijuana Dispensary. The moratorium shall be in effect through December 31, 2014 or until such time as the Town adopts Zoning Bylaw amendments that regulate Medical Marijuana Treatment Centers/Registered Marijuana Dispensaries and related uses, whichever occurs earlier. During the mora torium period, the Town shall undertake a planning process to address the potential impacts of medical marijuana in the Town, consider the State R egulations and related uses, and shall consider adopting new Zoning Bylaws to address the impact and operation of Medical Marijuana Treatment Centers/Registered Marijuana Dispensaries and related uses; or take any action relative thereto. D. McQuaid inquired if the Town would benefit economically; e.g., are Town taxes different for a not -for-profit entity. M. Benson to inquire of Town Counsel. J. Bilotta-Simeone opened the Hearing to public comment. Bob Ebersole, 94 Main Street - Encouraged the Board to have a bylaw for adoption at the May Town Meeting. Noted that if a dispensary is not within a certain radiu s of the community, community residents with the need for medical marijuana can apply for a hardship cultivation permit (which would be separate from zoning). N. Lockwood noted that hardship cultivation could also be financial (if a patient cannot afford the price a dispensary is charging) . He opined that most insurance plan s would probably not cover medical marijuana and that banks probably do not want to be involved either. He believes there are also restrictions on how an individual will pay for their medical marijuana; probably cash only. The Commonwealth of Massachusetts has mandated a price floor for medical marijuana to avoid patients reselling it on t he illegal market. E. Bakaysa inquired as to what happens if the Moratorium Warrant Article d oes not pass at STM as it is currently not a permitted use in Town. What would be the consequences to the Town? E. Bakaysa, Motion to adjourn, Second, D. McQuaid, Motion passed. Adjourned 6:50 PM. Minutes/public hearings 2014/town mtg art 01.06.14 ======================================================================================== DOCUMENT : 2014-01-07-agenda-3789.txt BOARD : planning-board DATE : 2014-01-07 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2014-01-07-agenda-3789.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_01072014-3789 ======================================================================================== ===PAGE 1=== LUNENBURG PLANNING BOARD TOWN OF LUNENBURG Emerick R. Bakaysa, Chair Tel: (978) 582-4146 Joanna L. Bilotta, Vice Chair Fax: (978) 582-4353 Matthew A. Allison, Mbr. 960 Massachusetts Avenue Damon J. McQuaid, Mbr. Lunenburg, MA 01462 Nathan J. Lockwood, Mbr. Marion M. Benson, Planning Director Agenda Special Town Meeting January 7, 2014, 7:00 PM Lunenburg High School In accordance with the requirements of the Open Meeting Law, please be advised that this meeting is being recorded and broadcast over Lunenburg Public Access. /head2right ROLL CALL /head2right TEMPORARY MORATORIUM ON MEDICAL MARIJUANA TREATMENT /head2right CENTERS/REGISTERED MARIJUANA DISPENSARIES /head2right EXECUTIVE SESSION IF REQUIRED /head2right DATA INFORMATION & GENERAL DISCUSSION ===PAGE 2=== ===PAGE 3=== LUNENBURG PLANNING BOARD TOWN OF LUNENBURG Emerick R. Bakaysa, Chair Tel: (978) 582-4146 Joanna L. Bilotta, Vice Chair Fax: (978) 582-4353 Matthew A. Allison, Mbr. 960 Massachusetts Avenue Damon J. McQuaid, Mbr. Lunenburg, MA 01462 Nathan J. Lockwood, Mbr. Marion M. Benson, Planning Director Agenda Special Town Meeting January 7, 2014, 7:00 PM Lunenburg High School In accordance with the requirements of the Open Meeting Law, please be advised that this meeting is being recorded and broadcast over Lunenburg Public Access. /head2right ROLL CALL /head2right TEMPORARY MORATORIUM ON MEDICAL MARIJUANA TREATMENT /head2right CENTERS/REGISTERED MARIJUANA DISPENSARIES /head2right EXECUTIVE SESSION IF REQUIRED /head2right DATA INFORMATION & GENERAL DISCUSSION ===PAGE 4=== ===PAGE 5=== LUNENBURG PLANNING BOARD TOWN OF LUNENBURG Emerick R. Bakaysa, Chair Tel: (978) 582-4146 Joanna L. Bilotta, Vice Chair Fax: (978) 582-4353 Matthew A. Allison, Mbr. 960 Massachusetts Avenue Damon J. McQuaid, Mbr. Lunenburg, MA 01462 Nathan J. Lockwood, Mbr. Marion M. Benson, Planning Director Agenda Special Town Meeting January 7, 2014, 7:00 PM Lunenburg High School In accordance with the requirements of the Open Meeting Law, please be advised that this meeting is being recorded and broadcast over Lunenburg Public Access. /head2right ROLL CALL /head2right TEMPORARY MORATORIUM ON MEDICAL MARIJUANA TREATMENT /head2right CENTERS/REGISTERED MARIJUANA DISPENSARIES /head2right EXECUTIVE SESSION IF REQUIRED /head2right DATA INFORMATION & GENERAL DISCUSSION ===PAGE 6=== ======================================================================================== DOCUMENT : 2014-01-13-agenda-3790.txt BOARD : planning-board DATE : 2014-01-13 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2014-01-13-agenda-3790.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_01132014-3790 ======================================================================================== ===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, January 13, 2014 – 6:30 PM Town Hall, 17 Main Street Lunenburg, MA In accordance with the requirements of the Open Meeting Law, please be advised that this meeting is being recorded and broadcast over Lunenburg Public Access. AGENDA 1. ROLL CALL 2. PUBLIC COMMENT 3. 6:35 PM- Public Hearing- 50 Elmwood Rd Subdivision 4. ANR Appointments: 6:55 PM- Katkin Family Revocable Trust, 145 Page Street 7:10 PM- Jeffrey Stone, 40 Page Street 5. ANR- Sign 136/150 Sunset Lane, Bisceglia Family Realty Trust, 6. MINUTES APPROVAL: 12-09-13 7. COMMITTEE REPORTS: MJTC, Matthew Allison MRPC, Joanna Bilotta-Simeone School Building Cmte, Nathan Lockwood Building Reuse Cmte, Damon McQuaid Capital Planning Cmte, Marion M. Benson Green Community Task Force, Marion M. Benson Agricultural Comm, Matthew Allison 8. PLANNING DIRECTOR’S REPORTS/NEW BUSINESS: DEVELOPMENT STATUS REPORTS- Highfield Village- extension expires 01.31.14 Force Corp., 305 Leominster Shirley Rd- 01.27.14 Information Meeting (Cont’d) Definitive Subdivision, 50 Elmwood Rd- note Hearing above Whites Woods, Mass Ave- weekly update Emerald Place at Lake Whalom- weekly update White Tail Crossing- update 651 Chase Road Solar- update 265 Pleasant Street Solar- update 9. ACTION FILE Citizen Survey- update Conservation Commission- Notices & Agenda 10. MEETING SCHEDULE: January 27, 2014 – Ritter Memorial Building February 10, 2014 – Town Hall February 24, 2014 – Ritter Memorial Building 11. PUBLIC COMMENT 12. BOARD COMMENT 13. MEMBER ISSUES Zoning- Marijuana Dispensary Town Social Media Policy- Update Bylaw Presentation for Town Meetings- Board Process 14. PLANNING DIRECTOR COMMENT 15. EXECUTIVE SESSION: In accordance with M.G.L. c.30A, §21(a) 3. To discuss strategy with respect to litigation of O’Brien Homes vs Town of Lunenburg if an open meeting may have a detrimental effect on the litigating position of the public body and the chair so declares. 16. ADJOURNMENT Agenda/2014/01.13.14 ======================================================================================== DOCUMENT : 2014-01-13-agenda-3791.txt BOARD : planning-board DATE : 2014-01-13 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2014-01-13-agenda-3791.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_01132014-3791 ======================================================================================== ===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 Town of Lunenburg Public Hearing The Lunenburg Planning Board will hold a Public Hearing on Monday, January 13, 2014 at 6:35 PM at the Town Hall, 17 Main Street, Lunenburg, MA to hear and disc uss an application under Section 3.4. of the Rules and Regulations Governing the Su bdivision of Land, Lunenburg Planning Board . The application is for a nine -lot subdivision at 50 Elmwood Road (Map 068, Parcel 0017), Lunenburg, MA. Property owner is Mark Ewen, 70 Elmwood Road. Applicant is Michael Crowley, 320 Joslin Street, Leominster, MA 01453. Copies are on file in the Planning Office, 960 Massachusetts Avenue, Lunenburg, MA. Notice of said hearing will be posted in the usual posting places. ======================================================================================== DOCUMENT : 2014-01-13-minutes-3790.txt BOARD : planning-board DATE : 2014-01-13 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2014-01-13-minutes-3790.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_01132014-3790 ======================================================================================== ===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 January 13, 2014 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 J. Bilotta-Simeone opened by the meeting by congratulating the School Building Committee on its hard work in getting the vote to pass at Special Town Meeting ( STM). D. McQuaid noted the increase the override will create in the Town’s tax rate (a flat rate) and that the Board will have to work diligently to attract businesses to Town. PUBLIC COMMENT: none PUBLIC HEARING: 50 Elmwood Road Subdivision Application- See separate minutes. ANRs: 145 Page Street, Katkin Family Revocable Trust - Plan submitted for review. Current zoning is Outlying District. Parcel A is not a building lot, but is to be conveyed to an abutter, forming one undi vided lot. Lot 2 is subject to Agricultural Preservation Restriction. Owner wants to separate the house and barn from the rest of the property ; thereby becoming Lot 1. Plan will be distributed to appropriate departments for review. Board wants legal review regarding APR before moving forward with ANR. 40 Page Street, Jeffrey Stone - Plan submitted for review. Current zoning is Residence B. Lot 1 will be 5 acres; Lot 2 - 5.5. Plan will be distributed to appropriate departments for review. Sign 136/150 Sunset Lane- E. Bakaysa noted that this is already a nonconforming lot which, once the Board endorses the Plan, will become more nonconforming. J. Johnson of David Ross Associates reminded the Board that when it endorses an ANR Plan it is for the frontag e meeting the requirement of the Bylaw. D. McQuaid made Motion to endorse the ANR Plan, N. Lockwood, Second, Roll Call Vote- M. Allison, abstain; E. Bakaysa, nay; D. McQuaid, aye; N. Lockwood, aye; J. Bilotta -Simeone, aye. Plan endorsed. MINUTES APPROVAL: Motion to approve 12-09-13, M. Allison, Second, E. Bakaysa, Minutes approved. COMMITTEE REPORTS: MJTC, M. Allison- No meeting. MRPC, J. Bilotta-Simeone- No meeting. School Building Committee, N. Lockwood- It was noted that the vote passed a t STM. N. Lockwood expressed his thanks to the Board for its participation. Board inquired if a Development Plan Review will be required. Building Reuse Committee, D. McQuaid- Expect to hear shortly from the Chair as a result of STM vote. Capital Planning Committee, M. Benson- Board members viewed Committee Prioritization. Green Community Task Force, M. Benson- Tabled due to M. Benson’s absence. Agricultural Commission, M. Allison- Meeting cancelled; no quorum. ===PAGE 2=== Minutes 01.13.14 Page 2 PLANNING DIRECTOR’S REPORTS/NEW BUSINESS/DEVELOPMENT STATUS REPORTS: Highfield Village- Current Extension expires January 31, 2014. Board expects applicant to appear at the next Board meeting with an update. M. Allison noted he only received a portion of the project PDF from the applicant. Force Corporation, 305 Leominster Shirley Road- Information Meeting held September 23, 2013; will be continued to January 27, 2014. M. Allison noted he attended the Conservation Commission meeting regarding same and opined that the applicant should discontinue driveway on corner. Applicant intend s that for a tractor trailer pullout and M. Allison feels there is not enough sight distance. 50 Elmwood Road- E. Bakaysa wants to know if any of the land is Chapter Land. Whites Woods- Noted weekly update. Emerald Place at Lake Whalom- No report. White Tail Crossing- No report. 651 Chase Road Solar- Clearing site. 265 Pleasant Street Solar- Clearing site. ACTION FILE: Citizen Survey- No report. Conservation Commission- Notices and Agenda noted. MEETING SCHEDULE: January 27, 2014, 6:30 PM, Ritter Memorial Building February 10, 2014, 6:30 PM, Town Hall February 24, 2014, 6:30 PM, Ritter Memorial Building PUBLIC COMMENT: None BOARD COMMENTS: None MEMBER ISSUES: Zoning- Marijuana Dispensary- Noted that the Moratorium Warrant Article did not pass at STM. Board has to work at having a Marijuana Warrant Article ready for Annual Town Meeting. Various options available - special permit, overlay. Board would like to include both the Fire and Police Chiefs in the discussion ; they will be invited to the January 27 th Board meeting. Information packets were distributed to Board members. M. Allison opined that as the Select Board voted against the Moratorium, a unified front was not presented to the citizens. N. Lockwood concerned with public safety; e.g., robberies surrounding facilities. Board felt that the Board of Selectmen should be included in the crafting of the Bylaw. Town Social Media Policy- N. Lockwood looking for an update as to the Town’s policy. Bylaw Presentation Process for Town Meetings - N. Lockwood wanted to go through the process of creating a bylaw and getting it to town meeting ; e.g., research, proposals, alternatives, interfacing with Board of Selectmen, schedul ing public hearing earlier in the process. Motion to adjourn, E. Bakaysa, Second, D. McQuaid, Adjourned 8:40 PM. Documents used at meeting: 50 Elmwood Road Subdivision Application Minutes 12-09-13 145 Page Street ANR 40 Page Street ANR 136/150 Sunset Lane ANR Highfield Village Extension Whites Woods Progress Report Solar Progress Reports Conservation Commission Notices and Agenda Marijuana Information Packets Minutes/2014/01.13.14 ======================================================================================== DOCUMENT : 2014-01-13-minutes-3791.txt BOARD : planning-board DATE : 2014-01-13 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2014-01-13-minutes-3791.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_01132014-3791 ======================================================================================== ===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 Public Hearing 50 Elmwood Road January 13, 2014 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, Emerick R. Bakaysa, Matthew Allison Absent: Marion M. Benson Chair requested Motion to enter into Public Hearing Session. Motion, Ms. Bilotta-Simeone, Second, Mr. Lockwood, all aye. Chair opened the Public Hearing with the reading of the notice published in the Sentinel and Enterprise December 30, 2013 and January 6, 2014 . The hearing is to hear and discuss a definitive subdivision application under Section 3.4. of the Rules and Regulations Governing the Subdivision of Land, Lunenburg Planning Board . The application is for a nine -lot subdivision at 50 Elmwood Road (Map 068, Parcel 0017). Property owner is Mark Ewen, 70 Elmwood Road, Lunenburg. Applicant is Michael Crowley, 320 Joslin Street, Leominster, MA. The applicant/developer (M. Crowley) was represented by Wesley Flis, Whitman & Bingham Associates. M. Crowley currently has a Purchase and Sales Agreement on the property. Site consists of approximate ly 20 acres. There are a number of environmental concerns. The applicant has filed with the Conservation Commission and will be meeting with them later in the week for the filing of a Notice of Intent. The access road would be located in the upland area ; 750 foot road to a cul -de-sac. Nine lots fronting off the cul -de-sac. Applicant requesting waiver for the 650 foot length for a dead end street. 750 feet requested due to site topography. Site is located in both Residence A (40,000 sf zoning) and Out lying (80,000 sf zoning) Districts. Applicant has talked to Building Commissioner regarding house placement for proper zoning. All lots will be serviced by private septic systems and municipal water. An infiltration basin will be located in the south po rtion of the site and a larger basin between Lots 7 and 8. N. Lockwood inquired if the applicant considered connecting to sewer; W. Flis noted that m unicipal sewer is not economically feasible for the developer. That’s an up-front cost the developer ha s to take on while septic systems are a cost per lot. Reviewing Engineer Jesse Johnson, David Ross Associates, presented his review (on file in the Planning Office). Specifically noted was that Form N should be filled out detailing the amount of overb urden. The applicant has requested a waiver from submission of a Tree Plan, and consequently from providing street trees. J. Johnson noted that the project pro poses to essentially clear-cut the entire work area. Street trees could be beneficial to the o verall aesthetics of the project. The applicant has requested a waiver from the 650 feet for dead -end streets due to the site topography. J. Johnson does not see how the existing topography would necessi tate the longer roadway. The applicant’s justifica tion for this waiver should be explained further. J. Johnson recommended the Board request written communication from the Building Commissioner/Zoning Enforcement Officer regarding determination of the lot zoning. ===PAGE 2=== M. Allison inquired if sufficient soil testing had occurred. J. Johnson responded he noted a number of test holes on the plans. He asked for a different scale of plans as he could not verify their location in relation to drainage infrastructure of the homes. All results showed consistent sand and gravel. No ground water in the depths dug. Minutes 50 Elmwood Road Public Hearing, 01.13.14 Page 2 W. Flis noted Stormwater Report and Drainage Calculations were updated as a result of J. Johnson’s review. All the soil test logs are included. A set of updated plans were provided. J. Bilotta-Simeone opened the Hearing to public comment. Joyce Marceau, 90 Elmwood Road- asked if individual septics or a “master” septic. Individual. E. Bakaysa inquired if reducing the frontage on some lot s would reduce the need for a 750 foot road. W. Flis noted that d ue to the way the Bylaw is written , requiring 175 feet of lot width through the building, that is not a possibility. Homes sit approximately 75 feet from the road. N. Lockwood inquired how this will fit into the Sewer Commission’s plans for the future, i.e., would the Commission prefer to see this development on sewer instead of septic ? If this project had sewer, could there be a different house placement? J. Johnson opined that if you have ideal soils such as this which can take a septic system , bringing sewer to the development would be low on the Commission’s priority list. Board members noted they would like to s ee a Tree Plan. J. Johnson noted for the developer to create a lev el entrance, the top has to be “shaved” off the site which forces clear cutting the site. He opined that trees could not be saved; therefore he feels it important to have trees along the roadway. E. Bakaysa reiterated that the Board wants a letter from the Zoning Officer as to how he determined the lot sizes, given the two Zoning Districts. If he also talked to Town Counsel, the Board would like that for their records also. Motion, E. Bakaysa to close the Public Hearing, Second, M. Allison, all aye. Hearing closed 7:20 PM. Ralph Marceau inquired if the abutters could get a copy of the plan. It was noted that he is welcome to come by the Planning Office to view the plan. Motion, E. Bakaysa, to return to Regular Session, Second, Mr. McQuaid, all aye. Minutes/public hearings 2014/50 elmwood road 01.13.14 ======================================================================================== DOCUMENT : 2014-01-27-agenda-3792.txt BOARD : planning-board DATE : 2014-01-27 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2014-01-27-agenda-3792.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_01272014-3792 ======================================================================================== ===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, January 27, 2014 – 6:30 PM Ritter Memorial Building, 960 Massachusetts Avenue Lunenburg, MA REVISED AGENDA 1. ROLL CALL 2. PUBLIC COMMENT 3. 6:35 PM- Information Meeting (Cont’d)- Force Corp., 305 Leominster Shirley Road 4. 7:00 PM- Board Discussion w/ Police & Fire Chie fs re Marijuana Bylaw 5. Appointments: 7:20 PM, Stone Farm Estates- Quad- to Tri-Plex 7:30 PM, Highfield Village- Extension 6. ANRs: Sign 40 Page Street, Jeffrey Stone Sign 145 Page Street, Katkin Family Trust 7. MINUTES APPROVAL: 1-13-14, 1-13-14 Elmwood Road Hearing 8. COMMITTEE REPORTS: MJTC, Matthew Allison MRPC, Joanna Bilotta-Simeone School Building Cmte, Nathan Lockwood Building Reuse Cmte, Damon McQuaid Capital Planning Cmte, Marion M. Benson Green Community Task Force, Marion M. Benson Agricultural Comm, Matthew Allison 9. PLANNING DIRECTOR’S REPORTS/NEW BUSINESS: DEVELOPMENT STATUS REPORTS- MRPC- DLTA Application Housing Production Plan 50 Elmwood Rd- continued discussion- subdivision application Highfield Village- extension Force Corp., 305 Leominster Shirley Rd- see Information Meeting above Whites Woods, Mass Ave- weekly update Emerald Place at Lake Whalom- weekly update White Tail Crossing- update NuGen Capital Management LLC- Solar Farms Update Lane Property-Bakaysa, Acquisition Advisory Team 10. ACTION FILE Citizen Survey- update 11. MEETING SCHEDULE : February 10, 2014 – Town Hall February 24, 2014 – Ritter Memorial Building 12. PUBLIC COMMENT 13. BOARD COMMENT 14. MEMBER ISSUES 15. PLANNING DIRECTOR COMMENT 16. EXECUTIVE SESSION: In accordance with M.G.L. c.30A, §21(a) 3. To discuss strategy with respect t o litigation of O’Brien Homes vs Town of Lunenburg if an open meeting may have a detrimental effect on the litigating position of the public body and the chai r so declares. 17. ADJOURNMENT Agenda/2014/01.27.14 ======================================================================================== DOCUMENT : 2014-01-27-agenda-3800.txt BOARD : planning-board DATE : 2014-01-27 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2014-01-27-agenda-3800.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_01272014-3800 ======================================================================================== ===PAGE 1=== Planning Board Meeting- Force Corp.1. ======================================================================================== DOCUMENT : 2014-01-27-minutes-3792.txt BOARD : planning-board DATE : 2014-01-27 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2014-01-27-minutes-3792.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_01272014-3792 ======================================================================================== ===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 January 27, 2014 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, Matthew Allison, Marion M. Benson Absent: Emerick R. Bakaysa PUBLIC COMMENT: None INFORMATION MEETING (cont’d) : Force Corp., 305 Leominster Shirley Road - See separate minutes. Findings and Directives will be prepared. Board Discussion with Police and Fire Chiefs, Marijuana Bylaw: Police Chief Marino was available for attendance. Fire Chief Sullivan not available. J. Bilotta-Simeone opined that both individuals gro wing medical marijuana and dispensaries should be registered with the Police, Fire, and Building Departments. Chief Sullivan noted his issues to Planning Director via electronic mail as follows. There should be a Knox Box for 24 -hour emergency access. P rovision that no security system circumvent life safety egress systems, e.g., electronic locks on means o f egress must unlock if fire alarm activates. Security fences/gates will not impede fire apparatus access. Chief Marino concerned with unintended con sequences, e.g., criminal element, of having a dispensary in Lunenburg. Asked about security cameras and alarm systems. During hours of operation can restrictions be imposed, e.g., posting a police officer at facility ? Concerned about protecting the peo ple that legitimately need the drug. He agreed with J. Bilotta-Simeone that individuals should register. This would be part of a general bylaw acted upon by the Board of Selectmen. There was discussion as to zoning for a dispensary. Would the Board con sider it retail, industrial, commercial, or medical? Could create a Medical Overlay. Chief Marino will keep the Board informed with his suggestions. Board is to review their information packets for particulars they want in the Zoning Bylaw and provide t hat information to the Planning Office for creation of a draft document which the Board will work off. Need to focus on location, site plan, public health and security. Could be by special permit, by right, or by site plan required? Board liked the idea of a special permit. State law requires applicant to demonstrate they can secure the property to do business for five years. Chief Marino noted the marijuana can be grown at one location, yet sold from another, e.g., one company with two locations. Any updates provided to the Board will also be provided to both the Fire and Police Chiefs. Board not sure how restrictive they can be on the hours of operation, e.g. only during daylight hours for purposes of safety? Stone Farm Estates: Tabled Highfield Village: Represented by John Godfrey. Current Extension expires January 31, 2014. Last appeared before the Board in October. Sewer allocation agreement has been executed with the Sewer Commission; signed agreement in place. Sewer plans submitted to Weston & Sampson. Have been adjusted as a result of Weston & Sampson review. Will present revised plans to the Sewer Commission at its January 28, 2014 meeting. A Weston & Sampson representative will also be present at that meeting. Mr. Godfrey hopes t o have a concluded sewer plan at the end of that meeting. In anticipation of that a sewer extension agreement has been prepared for the state. The state has to issue a permit to extend the sewer. Other open item is the EIR which MEPA has deemed adequate. Mr. Godfrey requesting a Planning Board extension to April 30, 2014. He ===PAGE 2=== Minutes 01.27.14 Page 2 anticipates a final subdivision plan, with the final sewer, for Board review at its February 24, 2014 meeting. Motion, N. Lockwood to extend to April 3 0, 2014, Second, D. McQuaid, discussion - M. Allison took exception to the copious extensions over the past nine years. Mr. Godfrey noted all the changes they had made to the plans over the past years. J. Bilotta-Simeone also felt that things had taken a long time, but were now moving along more rapidly. Mr. Godfrey opined the long timeframe was as a result of regulatory and planning frameworks in society. D. McQuaid noted that the approval process can take nine to twelve years. Roll Call Vote to approve request for extension - J. Bilotta-Simeone, aye; D. McQuaid, aye; M. Allison, nay; N. Lockwood, aye. Vote passed 3-1. ANRs: 40 Page Street, Jeffrey Stone- Plan endorsed by Board. 145 Page Street, Katkin Family Revocable Trust- Plan endorsed by Board. MINUTES APPROVAL: Motion to approve 01-13-14, N. Lockwood, Second, D. McQuaid . Motion to approve 01 -13-14 Elmwood Road Hearing, N. Lockwood, Second, D. McQuaid. Minutes signed. COMMITTEE REPORTS: MJTC, M. Allison- Lunenburg slated for 2017 to start Summer Street Revitalization. MRPC, J. Bilotta-Simeone- Meeting scheduled for January 28th. School Building Committee, N. Lockwood- Talks regarding process going forward. Preparing for sub-contract bidding process. A Development Plan Review application needs to be submitted to the Board. Building Reuse Committee, D. McQuaid- Committee status unsure. Capital Planning Committee, M. Benson- FY2015 Plan completed and sent to Town Manager. Green Community Task Force, M. Benson- In final stages with state application. Agricultural Commission, M. Allison- Commission interested in forestry program. PLANNING DIRECTOR’S REPORTS/NEW BUSINESS/DEVELOPMENT STATUS REPORTS: MRPC- DLTA Application- Application submitted to MRPC. Awaiting response. Housing Production Plan- MRPC has suggested developing a Housing Production Plan through them. 50 Elmwood Road- Represented by Mark Piermarini, Whitman & Bingham Associates, LLC. Revised plan submitted as a result of January 22, 2014 review letter (on file i n Planning Office) from J. Johnson, David E. Ross Associates. Board had inquired as to historical value of existing building and if site was in sewer district. E xisting building on site not historical and site not in the sewer district. Site abuts Proctor Park. J. Bilotta-Simeone requesting if access can be provided to that park via a conservation trail, etc. S. Jordan, Conservation Commission, noted that the border between Proctor Park and the subdivision site is about 2,000 feet of wetlands. The Par k has vertical trails which follow the AT&T power lines. Other trails branch off the main vertical ones. She noted the Proctor Park is underserved for public access. There is a trail to Elmwood Road, but no parking. M. Piermarini noted the Park could be accessible through the drainage easement. Would be indicated on the Plan by a right -of-way easement. J. Johnson provided his comments. (This review was based on revised plan submitted January 13, 2014. They do not pertain to the revision submitted a t this meeting.) He emphasized the applicant detail the overburden utilizing Form N as the applicant anticipates removing 50,000 cubi c yards. This will entail numerous truck trips. Recommended the Board stipulate using Route 2A. Noted street trees woul d be beneficial to the project. Applicant requesting waiver from Section 4.2.5.1. for installation of a 750 foot length dead -end road due to site topography. J. Johnson recommended this should also be reviewed with the Fire Department. Establishment of Zoning District has been determined by the Building Official/Zoning Official. J. Johnson suggested installation of the drywells be bonded with the rest of the infrastructure to ensure their installation. Suggests DPW review proposed design for the draina ge system a s the two units proposed are in remote locations that are not easily accessible for routine maintenance. The plans submitted t his evening reflect changes per J. Johnson’s review letter. Board still needs to decide if they want to grant a waive r for the roadway. M. Allison concerned with maintenance of the Stormceptors. S. Jordan noted items requested by the Conservation Commission. NOI only for the road; not for lots themselves. Applicant requesting Conservation Commission approves clearing for house lots as well as road. C onservation Commission asking for clarification on number of trees being removed and how much area will be cleared. The applicant will be before the Commission on February 5, 2014. N. Lockwood inquired if the Commission would prefer the Board wait on approving/disapproving the requested waiver until the Commission renders a decision. P. Bertram, Board of Selectmen - applicant needs earth removal permit from Board of Selectmen due to amount of overburden being taken off s ite. The Planning Board will defer voting on the requested waiver until they receive input from the Commission at its February 5th meeting with the applicant. ===PAGE 3=== Minutes 01.27.14 Page 3 Highfield Village- See above. Current Extension expires January 31, 2014. Extended to April 30, 2014. Force Corporation, 305 Leominster Shirley Road- See separate minutes. Whites Woods- No report Emerald Place at Lake Whalom- No report White Tail Crossing - Applicant hopes to come before annual town meeting for road a cceptance. S. Jordan inquired who was currently responsible for maintenance of the two large drainage ponds. Owner/applicant. 651 Chase Road Solar - Clearing site. Road construction 30% complete. Some arrays may be relocated; if so, will have to come before the Board for approval. 265 Pleasant Street Solar- No work scheduled. Lane Property- Tabled due to absence of E. Bakaysa. ACTION FILE: Citizen Survey- No additional surveys received. J. Bilotta-Simeone feels there is a lack of communication to the citizens that the survey is available online. MEETING SCHEDULE: February 10, 2014, 6:30 PM, Town Hall February 24, 2014, 6:30 PM, Ritter Memorial Building PUBLIC COMMENT: B. Ebersole, Board of Selectmen noted a previous Board agenda item which was how to improve public communications. He also shared the same issue with the Board of Selectmen. Discussion ensued as to better communication between Boards/Commissions. P. Bertram and S. Jordan both opined that when any Town Department receives plans, the Town Boards/Commissions should also receive PDFs of the same. It was noted that submittals to the Planning Board are also viewable on the Town’s website under the Planning Board home page. S. Jordan noted plaques are available for applicants before the Conservation Commission . Applicants will post every 50 feet along the wetlands buffer. Do Not Disturb – Wetlands Buffer Zone. BOARD COMMENTS: D. McQuaid noted he has been spending time reviewing the Village Bylaw information and wishes to discuss at an upcoming Board meeting. He will notify the office when he wants it placed on the agenda. MEMBER ISSUES: none Motion to adjourn Regular Session to go into Executive Session not to return to Regular Session , D. McQuaid, Second, M. Allison. Adjourned 9:30 PM. Documents used at meeting: Marijuana Information Packets Minutes 01-13-14 Minutes 01-13-14 Elmwood Road Hearing Solar Progress Reports 50 Elmwood Road Subdivision- Revised Plans 145 Page Street ANR 40 Page Street ANR Minutes/2014/01.27.14 ======================================================================================== DOCUMENT : 2014-01-27-minutes-3800.txt BOARD : planning-board DATE : 2014-01-27 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2014-01-27-minutes-3800.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_01272014-3800 ======================================================================================== ===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 Information Meeting (Continuation) Force Corp., 305 Leominster Shirley Road January 27, 2014 Meeting Posted: Yes Time: 6:35 PM Place: Ritter Memorial Building, 960 Massachusetts Avenue, Lunenburg, MA 01462 Present: Joanna L. Bilotta-Simeone, Nathan J. Lockwood, Damon McQuaid, Matthew Allison, Marion M. Benson Absent: Emerick R. Bakaysa The Information Meeting continuation was to hear and discuss a Development Plan Review under Section 8.4. of the Protective Bylaw of the Town of Lunenburg for construction of a lumber yard and retail store at 305 Leominster Shirley Road. The initial Information meeting was held on September 23, 2013. Applicant had to revise his plan. This continuation is as a result of the December 4, 2013 review by Reviewing Engineer Jesse Johnson, David Ross Associates. Property owner /Applicant is Force Corporation, 52D Cummings Park, Woburn, MA ; represented by R aouf Mankaryous, Alpha Omega Engr., Inc., and Juliano Fernandes, Force Corp. Applicant will keep the existing building, build a storage warehouse, and add parking. The business is targeted towards contractors; not individual homeowners. Revised Drainage Analysis and Site Plan submitted. Lumber will be stored outside with at least ten feet of surrounding access space requested by the Fire Chief for emergency vehicle maneuvering. An Order of Conditions has been issued by the Conservation Commission. Revisions were made to bring plan into compliance with Massachusetts Stormwater Management Standards. J. Johnson noted there is little the applicant can do to the front of the site to dress it up since the Fire Chief wants mane uvering space. Also, the sight line would be diminished if too much is put in. Fencing added at the rear instead of plantings. Cannot do landscaping with proposed design right up against building as there is a driveway on one side of building, parking on the other. Given that this is a rehabbed site, flexibility is limited. Applicant still needs granting of requested waivers. Applicant is requesting a waiver from Zoning Bylaw Section 6.4.3.5. which states that a 4 foot wide island with ‘Keep Right” signs shall be provided for commercial entrance. This is an existing driveway and the proposed rear parking will be gated and restricted for employees only. ===PAGE 2=== Minutes, Information Meeting 305 Leominster Shirley Road Page 2 The Board had concerns with the sight distance; but it was noted that the speed limit in front of the site is 25 MPH. Applicant has provided the minimum sight distance for the posted speed limit. J. Johnson cannot speak to th e main entrance for the trucks as it is not on the Plan. N. Lockwood wants to see it on the Plan. J. Johnson did note that if it is not compliant, the Board may consider granting a waiver. J. Johnson noted that in order to not delay the Applicant procee ding, the Board can require specifics as part of its Approval. The applicant is requesting a waiver from Zoning Bylaw Section 4.6.5.2. which states a minimum 4 foot landscaped area along the street frontage and along the front and side of the building sha ll be provided. Asking for a waiver because of the existing driveway and proposed septic grading along the east side and the wetland limit of work along the west side. The Fire Department asked to not have potential obstructions located along the front o f the building for fire truck access. N. Lockwood, Motion to approve the requested waivers, Second, M. Allison, all aye. Front paving will be replaced with grass. There is a privacy fence for screening to the right side of the building. Sharon Jordan, representing the Conservation Commission, noted the applicant has come before the Commission and complied with Commission requests. The Commission requested in addition to the drainage calculations the applicant reduce the amount of impermeable surface close to the wetlands. Impervious surface in the back along the wetlands has also been reduced. N. Lockwood, Motion to approve the Plan for 305 Leominster Shirley Road conditional upon applicant providing sight distances on Plan, Second, M. Allison, all aye. Findings and Directives will be prepared. Information Meeting closed 7:05 PM. Minutes/information meetings 2013/force corp.305 Leo Shir Rd. 01.27.14 ======================================================================================== DOCUMENT : 2014-02-04-agenda-3793.txt BOARD : planning-board DATE : 2014-02-04 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2014-02-04-agenda-3793.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_02042014-3793 ======================================================================================== ===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 Tuesday, February 4, 2014 – 6:00 PM Town Hall, 17 Main Street Lunenburg, MA In accordance with the requirements of the Open Meeting Law, please be advised that this meeting is being recorded and broadcast over Lunenburg Public Access. REVISED AGENDA 6:00 PM JOINT EXECUTIVE SESSION 1. M.G.L. Chapter 30A, Section 21A [9], to discuss strategy with respect to collective bargaining or litigation if an open meeting may have a detrimental effect on the government’s bargaining or litigating position, and the Chair so declares. Joint Session with Planning Board and Conservation Commission to discuss O’Brien Homes Litigation. 2. M.G.L. Chapter 30A, Section 21A [6], to consider the purchase, exchange, lease or value of real property, if the Chair declares that an open session may have a detrimental effect on the negotiating position of the public body. Discussion of Lane Property. Agenda/2014/02.04.14 ======================================================================================== DOCUMENT : 2014-02-10-agenda-3741.txt BOARD : planning-board DATE : 2014-02-10 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2014-02-10-agenda-3741.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_02102014-3741 ======================================================================================== ===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, February 10, 2014 – 6:30 PM Town Hall, 17 Main Street Lunenburg, MA In accordance with the requirements of the Open Meeting Law, please be advised that this meeting is being recorded and broadcast over Lunenburg Public Access. AGENDA 1. ROLL CALL 2. PUBLIC COMMENT 3. 6:35 PM- Stone Farm Estates- One 4-plex to two 2-plex 4. MINUTES APPROVAL: 01-27-14 01-27-14 305 Leominster Shirley Rd., Info Mtg 01-06-14, Hearing, Warrant Article 12-08-13 5. COMMITTEE REPORTS: MJTC, Matthew Allison MRPC, Joanna Bilotta-Simeone School Building Cmte, Nathan Lockwood Building Reuse Cmte, Damon McQuaid Capital Planning Cmte, Marion M. Benson Green Community Task Force, Marion M. Benson Agricultural Comm, Matthew Allison 6. PLANNING DIRECTOR’S REPORTS/NEW BUSINESS: DEVELOPMENT STATUS REPORTS- Highfield Village- Update from Sewer Commission Force Corp., 305 Leominster Shirley Rd- Endorsement of Development Plan Review Definitive Subdivision, 50 Elmwood Rd- Continued discussion Whites Woods, Mass Ave- no report Emerald Place at Lake Whalom- no report White Tail Crossing- no report 651 Chase Road Solar- update of site work 265 Pleasant Street Solar- update of site work Annual Town Meeting- Creation of Medical Marijuana Treatment Center Bylaw 7. ACTION FILE Citizen Survey- no report 8. MEETING SCHEDULE: February 24, 2014 – Ritter Memorial Building March 10, 2014 – Town Hall March 24, 2014 – Ritter Memorial Building 9. PUBLIC COMMENT 10. BOARD COMMENT 11. MEMBER ISSUES 12. PLANNING DIRECTOR COMMENT 13. ADJOURNMENT Agenda/2014/02.10.14 ======================================================================================== DOCUMENT : 2014-02-10-minutes-3741.txt BOARD : planning-board DATE : 2014-02-10 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2014-02-10-minutes-3741.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_02102014-3741 ======================================================================================== ===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 February 10, 2014 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, Matthew Allison Absent: Emerick R. Bakaysa, Marion M. Benson PUBLIC COMMENT: none Stone Farm Estates: Represented by Anthony Cleaves, Whitman & Bingham Associates. Developer is requesting a c hange from a single 4-plex unit to two 2-plex units. Reviewing Engineer Jesse Johnson, David E. Ross Associates, noted via electronic mail that change would create a “modest increase in impervious surface…however, I don’t think it would impact the drainag e infrastructure in a noticeable way. …it is an insubstantial modification request.” Impervious surface increase is of approximately 3000 sf. Motion to accept proposed modification, N. Lockwood, Second, D. McQuaid, Roll Call Vote - all aye. MINUTES APPROVAL: All minutes signed. Motion, N. Lockwood, to approve 1-27-14, Second, D. McQuaid. Motion, N. Lockwood to approve 1-27-14 Leominster Shirley Road Information Meeting, Second, McQuaid Motion, N. Lockwood to approve 1-6-14 Warrant Article Hearing, Second, D. McQuaid Motion, N. Lockwood to approve 12-8-13, Second, D. McQuiaid COMMITTEE REPORTS: MJTC, M. Allison- No meeting held. MRPC, J. Bilotta-Simeone- Town was awarded District Local Technical Assistance (DLTA) by Montachusett Regional Planning Com mission ( MRPC) for review and analysis of providing regional animal control services and , for the Board, continued work to refine a draft Mixed Use Village District Bylaw. School Building Committee, N. Lockwood- No update Building Reuse Committee, D. McQuaid- No update Capital Planning Committee, M. Benson- Tabled due to M. Benson’s absence. Green Community Task Force, M. Benson- Tabled due to M. Benson’s absence. Agricultural Commission, M. Allison- No update PLANNING DIRECTOR’S REPORTS/NEW BUSINESS/DEVELOPMENT STATUS REPORTS: Highfield Village- Project still under review with the Sewer Commission. Force Corporation, 305 Leominster Shirley Road- Board waiting for revised plan showing sight distances in both directions for each driveway before endorsing Approval. 50 Elmwood Road- Represented by Anthony Cleaves, Whitman & Bingham Associates. Both DPW Director J. Rodriquenz and Fire Chief P. Sullivan provided their comments to the Board re garding basin maintenance and road length respectively . A. Cleaves noted that the project would have been before the Conservation Commission at its February 5 th meeting, but the meeting was cancelled due to inclement weather. He noted one of the roadblocks in the Commission moving forward was that ===PAGE 2=== Minutes 02.10.14 Page 2 they were waiting for a response from Division of Fisheries & Wildlife to the applicant’s filing with the Natural Heritage & Endangered Species Program. That response has been received. Applicant will be meeting with the Commission o n February 19th. Discussion ensued on requested waivers from the Rules and Regulations Governing the Subdivision of Land: § 3.4.3.6. from submission of tree plan as subdivision has less than 10 lots . Board wants trees planted both along Elmwood Road and the internal road . A. Cleaves noted due to the site being elevated from Elmwood Road it will be difficult to retain the current trees. Little vegetation will be retained. If street trees are planted along Elmwood Road they will have to be away from the intersection as to not impede sight distance. M. Allison Motion to waive § 3.4.3.6. conditional upon trees included in the plan set in some fashion; does not have to be a separate “tree plan”, Second, D. McQuaid, all aye. § 3.4.3.8. from submission of tab ular summary as subdivision has less than 10 lots. Motion, D. McQuaid, to grant waiver, Second, M. Allison, all aye. § 3.4.3.9. from submission of environmental impact statement as subdivision has less than 10 lots. Board wants to hear from Conservation Commission before voting on this waiver request. § 4.2.5.1. for 650 foot length for dead end street. 750 feet requested due to site topography. Board had two issues before vo ting on this request. One was the cul -de-sac accommodating the turning radius of the largest fire vehicle. Chief Sullivan noted it appears to meet that. The Water District will also review the plan for hydrant placement. J. Bilotta -Simeone inquired as to easement to abutting conservation land. Will be discussed further with the Conservation Commission. Board questioned parking for individuals to access easement. Two spots allocated in the cul-de-sac? § 4.9.1. for installation of sidewalks due to the subdivision having less than 10 lots. A. Cleaves noted Section 4.9.1. speci fies “sidewalks shall be provided on one side of each street for the full length of major street.” The internal road is a minor s treet, not a major street. Applicant did not need to request waiver ; it was done as a courtesy. Motion, N. Lockwood to approve waiver, Second, D. McQuaid, all aye. Electrical distribution will be underground. M. Allison inquired if stormwater basins could be reduced from two to one . No- A. Cleaves noted they go to two different locations. M. Allison also inquired if applica nt looked into LID (Low Impact Development) approach to managing stormwater runoff. A. Cleaves noted it is difficult to fit into subdivision roads such as this one. N. Lockwood initiated discussion as to road maintenance being a financial issue for the T own. Possibly invite both the DPW Director and the Town Manager to a future meeting for discussion? He o pined th e possibility of updating the Rules and Regulations Governing the Subdivision of Land to include requirements for long-term maintenance. Talk to Town Counsel to find out what Board’s legal options are, e.g., condo docs, etc.. Whites Woods- No report. Emerald Place at Lake Whalom- No report. White Tail Crossing- Still in review. 651 Chase Road Solar - Noted Building/Zoning Official’s letter that engineered design of solar field has a few solar panels that will project within the setback requirement, but the projections are of a small portion of only a few panels. He determined that the minor encroachment is insignificant. 265 Pleasant Street Solar- No report Annual Town Meeting- Creation of Marijuana Bylaw- Main issues to consider:  Permitting Requirements  Location  Method of Zoning Permitting Requirements- Special Permit? Right -of-use? By right with site plan review? Have police and fire g et final review of safety. Do two different sets of reg ulations have to be considered; one for retail and one for growing on separate sites? N. Lockwood felt that given Town sentiment it should be by right. This makes it more enticing to invite business es into the community. Board needs to seek Town Counsel’s input on five year siting requirement with DPH vs a two year special permit within Town. Method of zoning - Medical District? Add new use to existing district ? Add overlay? Cultivation – use would be added in with reference to restrictions. N. Lockwood opined it might be helpful to have a copy of the documents that transpire between an applicant and the state. In creation of draft bylaw, r eference 105 CMR 725.000: Department of Public Health Im plementation of an Act for the Humanitarian Medical Use of Marijuana and then put in Town specifics. Board needs to be cognizant of future changes to 105 CMR 725.000 to ensure bylaw stays current with same. ===PAGE 3=== Minutes 02.10.14 Page 3 Locations- Retail aspect in Commercial (limit to Mass Ave and Rt 13) and Office Park and Industrial District for cultivation. Possible overlay in Commercial District in the vicinity of the Public Safety Facility Building. Possibly old Gitto Global location on Leominster Shirley Road. (Space currently for lease.) Limited Business/Residential District excluding Leominster Shirley Road. Board questions if retail can also go in a farm location where cultivation is occurring. General consensus was overlay in Massachusetts Avenue/Rt 13 area. Cultivation could be in any District. Board would put restrictions in place. Board discussed conference call with Town Counsel. Planning Office will comp ile list of questions for Boar d review/additional questions. Once list of quest ions completed, will forward to Town Counsel. Board would like draft bylaw for the February 24 th meeting. Need to separate cultivation and retail. Need special permitting language. Need to reference overlay? ACTION FILE: Citizen Survey- No report. MEETING SCHEDULE: February 24, 2014, 6:30 PM, Ritter Memorial Building March 10, 2014, 6:30 PM, Town Hall March 24, 2014, 6:30 PM, Ritter Memorial Building PUBLIC COMMENT: None BOARD COMMENTS: None MEMBER ISSUES: M. Allison opined the Board should meet more frequently. Board reaction was mixed. More discussion in March. Adjourned 8:50 PM. Documents used at meeting: Stone Farm Estates Site Change Minutes 1-27-14. Minutes 1-27-14 Leominster Shirley Road Information Meeting Minutes 1-6-14 Warrant Article Hearing Minutes 12-8-13 50 Elmwood Road Subdivision List of Requested Waivers Building/Zoning Official letter regarding 651 Chase Road Solar Marijuana Information Packets Minutes/2014/02.10.14 ======================================================================================== DOCUMENT : 2014-02-24-agenda-3742.txt BOARD : planning-board DATE : 2014-02-24 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2014-02-24-agenda-3742.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_02242014-3742 ======================================================================================== ===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, February 24, 2014 – 6:00 PM Ritter Memorial Building, 960 Massachusetts Avenue Lunenburg, MA AGENDA 1. ROLL CALL 6:00 PM- Telephonic conference with Town Counsel re RMD (Registered Marijuana Dispensary) Bylaw 2. 6:30 PM- PUBLIC COMMENT 3. APPOINTMENTS: 6:35 PM- ANR- Bill Drumm, 419 Sunny Hill Road, Szoc Surveyors 4. MINUTES APPROVAL: 02-10-14 5. COMMITTEE REPORTS: MJTC, Matthew Allison MRPC, Joanna Bilotta-Simeone School Building Cmte, Nathan Lockwood Building Reuse Cmte, Damon McQuaid Capital Planning Cmte, Marion M. Benson Green Community Task Force, Marion M. Benson Agricultural Comm, Matthew Allison 6. PLANNING DIRECTOR’S REPORTS/NEW BUSINESS: DEVELOPMENT STATUS REPORTS- Definitive Subdivision, 50 Elmwood Rd- continued discussion Caucus – March 17, 2014 Annual Town Meeting, May 3, 2014- continued work on draft bylaw Highfield Village- verbal update Force Corp., 305 Leominster Shirley Rd- Endorsement of Development Plan Review Whites Woods, Mass Ave- no report Emerald Place at Lake Whalom- no report White Tail Crossing- no report 651 Chase Road Solar- update of site work 265 Pleasant Street Solar- update of site work 7. ACTION FILE Citizen Survey- no report Notices- Conservation Commission Data Info from Abutting Towns 8. MEETING SCHEDULE: March 10, 2014 – 6:30 PM, Town Hall March 24, 2014 – 6:30 PM, Ritter Memorial Building 9. PUBLIC COMMENT 10. BOARD COMMENT 11. MEMBER ISSUES 12. PLANNING DIRECTOR COMMENT 13. EXECUTIVE SESSION: In accordance with M.G.L. c.30A, §21(a) 3. To discuss strategy with respect to litigation of O’Brien Homes vs Town of Lunenburg if an open meeting may have a detrimental effect on the litigating position of the public body and the chair so declares. 14. ADJOURNMENT Agenda/2014/02.24.14 ======================================================================================== DOCUMENT : 2014-02-24-minutes-3742.txt BOARD : planning-board DATE : 2014-02-24 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2014-02-24-minutes-3742.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_02242014-3742 ======================================================================================== ===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 February 24, 2014 Meeting Posted: Yes Place: Ritter Memorial Building, 960 Massachusetts Avenue, Lunenburg, MA Time: 6:00 PM Present: Joanna L. Bilotta-Simeone, Nathan J. Lockwood, Damon McQuaid, Emerick R. Bakaysa, Matthew Allison Absent: Marion M. Benson Telephone Conference w/Town Counsel re RMD Bylaw - Discussion with Attorney Joel Bard regarding Board question s. Lunenburg has only a handful of locations that would be appropriate. If the Board use s the special permit process, they c annot use it to deny a developer. It would be used to impose conditions and regulate the use. The Board cannot regulate growing and retail uses separately; has to come under one bylaw. The State law was written with the expec tation that everything would be done in one place. N. Lockwood noted that the Board wanted to regulate the uses separ ately to allow the cultivation more freedom than the retail, e.g., cultivation dispensary in any District, dispensary only in Commercial or Office Park and Industrial District. J. Bard to research. N. Lockwood inquired if Town could restrict facilities not to allow cash transactions, but only credit card transactions. J. Bard noted that could be too restrictive and outside the Board’s purview. The State law is strict on security of the growing. Growing marijuana is an agricultural use and the Board cannot prohibit retail uses on farmland. U nder MGL ch. 40A, Section 3, cultivation would be allowed Town -wide as a matter of simple zoning. The law that allows them to open a farm store on farm property , in a non -commercial zone where stores are not allowed, cannot be used to set up a dispensary. If the Town puts a special permit in place for two years, the special permit is renewable as long as the applicant has satisfied all the criteria. 725.100 (E) specifies the RMD’s certificate of registration shall expire one year after the date of issuan ce and may be renewed as follows…. J. Bard suggested for cultivation, the Board look at larger -zoned districts. He also suggests they look at the uses in each district. N. Lockwood opined overlay for retail use and change district uses for cultivation? J. Bard to research. N. Lockwood inquired if the Board could dictate to the facility that it allow inspections by Town officials, e.g., Police/Fire/Board of Health as necessary. J. Bard responded the Town could put a provision in the approval to allow f or inspection by appropriate parties. J. Bilotta-Simeone inquired if that would have to be in the Town’s General Bylaws. J. Bard stated he doesn’t believe it has to go to town meeting; it could be a Board of Health regulation (Planning Board to confer w ith Board of Health ). N. Lockwood inquired if the Town can request of the applicant that the Town be included in communications between the applicant and the State. J. Bard responded that the Town could request the applicant “cc” the Town on the communications with the State to preclude the Town having to track down documents. N. Lockwood inquired if Police/Fire officials would have access to a State data base listing those applicants licensed for cultivation/retail sales. J. Bard noted that could be a H ealth Insurance Portability and Accountability Act (HIPAA) issue, but will check. N. Lockwood then inquired if same would apply to a local d ata base. (J. Bard noted Patricia Cantor in his office is a good source of information. ) PUBLIC COMMENT: Board was complimented on the work it was putting into crafting the RMD bylaw. Anthony Cleaves, Whitman and Bingham Associates, spoke on behalf of Joseph Russo, property owner for 357 Electric Avenue. Owner would like to come before the Board to discuss tha t property being used for a RMD. Agenda appointment will be set through the Planning Office. ===PAGE 2=== Minutes 02.24.14 Page 2 ANR- 419 Sunny Hill Road, Bill Drumm- Plan accepted for review. Lot 1 subdivided under previous ANR Plan. MINUTES APPROVAL: Motion, N. Lockwood, to approve 2-10-14, Second, D. McQuaid. COMMITTEE REPORTS: MJTC, M. Allison- No report MRPC, J. Bilotta-Simeone- Meeting to be held February 25th. School Building Committee, N. Lockwood- Noted communication between architects and p roject manager re garding modifications. A Working Group Meeting will take place March 5 th. J. Bilotta-Simeone will attend for the Planning Director. Building Reuse Committee, D. McQuaid- Committee will recommence its meetings starting March 3 rd. Capital Planning Committee, M. Benson- Tabled due to M. Benson’s absence. Green Community Task Force, M. Benson- Tabled due to M. Benson’s absence. Agricultural Commission, M. Allison - Current Chair will be stepping down as he is moving out of Lunenburg . Commission interested in getting jurisdiction over the Farmer’s Market; currently under Board of Health. Commission would like to meet with the Land Boards and have asked M. Allison to initiate. PLANNING DIRECTOR’S REPORTS/NEW BUSINESS/DEVELOPMENT STATUS REPORTS: Definitive Subdivision, 50 Elmwood Road - A. Cleaves, Whitman and Bingham Associates represented the applicant. Conservation Commission, at its last meeting, voted to issue an Order of Conditions for the project. Plans revised to incorporate Conservation Commission requests ; also trees per Planning Board request. Conservation Commission requested disturbed areas within the buffer zone be loamed and seeded as soon as possible. Applicant chose not to put an easement to Proctor Park, but will improve the existing fifty -foot wide access located on Elmwood Road to allow for vehicle parking. Board still needed to vote on two waivers. § 3.4.3.9. from submission of environmental impact statement as subdivision has less than 10 lots. Board want ed to hear from Conservation Commission before voting on this waiver request. Conservation Commission had no issue. Motion, N. Lockwood, to grant Waiver, Second, D. McQuaid, all aye. § 4.2.5.1. for 650 foot length for dead end street. 750 feet requested due to site topography. The Water District review ed the plan for hydrant placement and had no issue. Motion, N. Lockwood, to grant Waiver, Second, D. McQuaid, all aye. There is a graded grass easement for the DPW to access the deten tion basin. Applicant intended to turn the road over to the Town once the development is completed. Motion, D. McQuaid, to approve Plan as submitted, Second, M. Allison, all aye. Plan endorsed. Findings and Directives will be prepared for Board endorsement. Caucus- March 17, 2014- Noted. M. Allison up for reelection. Annual Town Meeting- May 3, 2014- Noted proposed schedule. Continued discussion/work on draft RMD bylaw. Keep it out of heavily population areas. Leominster Shirley Road may be a good location – has highway access. Restrict retail to Mass Ave/Rt 13 – possible overlay? Add cultivation as a use to districts . Siting by special permit . Incorporate fee for extra security measures. Retail uses by special permit in Commercial District . Under Design Standar ds – must meet all requirements of the Commercial District or State guidelines, whichever is more restrictive. Require applicant to “cc” Board on all documentation that occurs between the applicant and the State. Armed security requirement. Open to inspection by fire and/or police within 24 hour notice of request. A dd in Zoning Officer and Board of Health. All security measures at each facility to be approved by fire/police . Board had discussion on cultivation locations. By right in all Districts if applicant comes under Ch. 40A, Section 3. Board would like to hold a public hearing on March 24 th and be on the Board of Selectmen agenda for April 1, 2014. Highfield Village - Sewer Commission approved revised plan at its February 11, 2014 meeting. The re are some concerns brought forward by the DPW Director that must be addressed to the Town’s satisfaction. Board discussed the project history. As the in-house tech meeting was in 2009, and there are new Town officials since that time, it was determined that an in-house tech meeting should be held to inform the new officials of the project. It was also determined that abutters should be notified o f the continuation of the Hearing. Continuation date will need to be set. Force Corporation, 305 Leominster Shirley Road- Revised Plan submitted showing sight distances in both directions for each driveway. Noted J. Johnson’s correspondence that the left and right turns out of the existing site exit do not have the recommended sight distances. Only 235 feet available looking easterly. This possibility had been previously discussed and the applicant stated he would modify the existing vegetation and grades as much as possible to improve that distance. There is no other alternative to the design offered. The right turn deficiency is only five feet and should not be a concern. There was ===PAGE 3=== Minutes 02.24.14 Page 3 discussion of requesting the DPW Director to post speed limits signs. It was brought to the Board’s attention th is cannot be done without approval f rom massDOT ( Department of Transportation). Motion, N. Lockwood, to approve 305 Leominster Shirley Road, Second, D. McQuaid, Vote passed 4 – 1. Whites Woods, Mass Ave- no update Emerald Place at Lake Whalom- no update White Tail Crossing - Reviewing Engin eer and DPW Director waiting for snow to melt in order to inspect the road for Town acceptance. J. Bilotta-Simeone working with Town Manager to try and get developer on the Warrant for Annual Town Meeting. 651 Chase Road Solar- Work continues to prepare the site. 265 Pleasant Street Solar- Racking posts installed. Underground trenching and conduit started. ACTION FILE: Citizen Survey- Final summary will be provided to the Board. Notices- Conservation Commission- noted MEETING SCHEDULE: March 10, 2014, 6:30 PM, Town Hall March 24, 2014, 6:30 PM, Ritter Memorial Building PUBLIC COMMENT: None BOARD COMMENTS: None MEMBER ISSUES: Continued discussion of more frequent Board meetings. Impact on office was noted. Motion, E. Bakaysa, to enter into execu tive session not to return to regular session, Second, N. Lockwood, all aye. Adjourned regular session 9:50 PM Documents used at meeting: Minutes 2-10-14 ANR Plan, 419 Sunny Hill Road Draft RMD Bylaw Force Corp., 305 Leominster Shirley Road, Site Plan Review Approval (Note - J. Bilotta-Simeone inquired of J. Bard if the MS/HS Project will be subject to site plan review. J. Bard - Yes, but a limited site plan review as it is a public educational facility and exempt from local zoning.) Minutes/2014/02.24.14 ======================================================================================== DOCUMENT : 2014-03-10-agenda-3743.txt BOARD : planning-board DATE : 2014-03-10 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2014-03-10-agenda-3743.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_03102014-3743 ======================================================================================== ===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, March 10, 2014 – 6:30 PM Town Hall, 17 Main Street Lunenburg, MA In accordance with the requirements of the Open Meeting Law, please be advised that this meeting is being recorded and broadcast over Lunenburg Public Access. AGENDA 1. ROLL CALL 2. PUBLIC COMMENT 3. APPOINTMENTS: 6:35 PM, Whitman and Bingham Associates, 357 Electric Avenue 6:50 PM- ANR- Goldsmith, Prest & Ringwall, 265 Pleasant Street 4. Sign 419 Sunny Hill Road ANR 5. MINUTES APPROVAL: 2-24-14, Executive 2-24-14 6. COMMITTEE REPORTS: MJTC, Matthew Allison MRPC, Joanna Bilotta-Simeone School Building Cmte, Nathan Lockwood Building Reuse Cmte, Damon McQuaid Capital Planning Cmte, Marion M. Benson Green Community Task Force, Marion M. Benson Agricultural Comm, Matthew Allison 7. PLANNING DIRECTOR’S REPORTS/NEW BUSINESS: DEVELOPMENT STATUS REPORTS- Middle School/High School (MS/HS) Project- Regulatory Review Mtg Highfield Village- verbal update Force Corp., 305 Leominster Shirley Rd- no report Definitive Subdivision, 50 Elmwood Rd- endorse Approval Whites Woods, Mass Ave- no report Emerald Place at Lake Whalom- no report 651 Chase Road Solar- update of site work 265 Pleasant Street Solar- update of site work Annual Town Meeting- Continued work on RMD Bylaw Warrant Article Public Hearing 3-24-14 8. ACTION FILE White Tail Crossing- recommendation to Select Board for Street Acceptance? 9. MEETING SCHEDULE: March 24, 6:30 PM – Town Hall, Article Hearing followed by Board Meeting April 14, 6:30 PM – Town Hall April 28, 6:30 PM – Ritter Memorial Building 10. PUBLIC COMMENT 11. BOARD COMMENT 12. MEMBER ISSUES 13. EXECUTIVE SESSION: In accordance with M.G.L. c.30A, §21(a) 3. To discuss strategy with respect to litigation of O’Brien Homes vs Town of Lunenburg if an open meeting may have a detrimental effect on the litigating position of the public body and the chair so declares. 14. ADJOURNMENT Agenda/2014/03.10.14 ======================================================================================== DOCUMENT : 2014-03-10-minutes-3743.txt BOARD : planning-board DATE : 2014-03-10 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2014-03-10-minutes-3743.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_03102014-3743 ======================================================================================== ===PAGE 1=== ===PAGE 2=== ======================================================================================== DOCUMENT : 2014-03-18-agenda-3744.txt BOARD : planning-board DATE : 2014-03-18 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2014-03-18-agenda-3744.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_03182014-3744 ======================================================================================== ===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 Tuesday, March 18, 2014 – 8:00 PM Town Hall, 17 Main Street Lunenburg, MA In accordance with the requirements of the Open Meeting Law, please be advised that this meeting is being recorded and broadcast over Lunenburg Public Access. REVISED AGENDA Joint Work Session with Board of Selectmen - Review 2014 Annual Town Meeting Warrant Articles ======================================================================================== DOCUMENT : 2014-03-18-minutes-3744.txt BOARD : planning-board DATE : 2014-03-18 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2014-03-18-minutes-3744.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_03182014-3744 ======================================================================================== ===PAGE 1=== ======================================================================================== DOCUMENT : 2014-03-24-agenda-3745.txt BOARD : planning-board DATE : 2014-03-24 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2014-03-24-agenda-3745.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_03242014-3745 ======================================================================================== ===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, March 24, 2014 – 6:30 PM Town Hall, 17 Main Street Lunenburg, MA In accordance with the requirements of the Open Meeting Law, please be advised that this meeting is being recorded and broadcast over Lunenburg Public Access. AGENDA 1. ROLL CALL 2. PUBLIC COMMENT 3. 6:35 PM- PUBLIC HEARING- Warrant Article for May 2014 Town Meeting- RMD (Registered Marijuana Dispensary) Bylaw 4. Sign 265 Pleasant Street ANR 5. MINUTES APPROVAL: 3-10-14, Executive 3-10-14, 3-18-14 Workshop 6. COMMITTEE REPORTS: MJTC, Matthew Allison MRPC, Joanna Bilotta-Simeone School Building Cmte, Nathan Lockwood Building Reuse Cmte, Damon McQuaid Agricultural Comm, Matthew Allison 7. NEW BUSINESS/DEVELOPMENT STATUS REPORTS- Middle School/High School (MS/HS) Project- no report Highfield Village- verbal update Force Corp., 305 Leominster Shirley Rd- no report Definitive Subdivision, 50 Elmwood Rd- endorse Approval Whites Woods, Mass Ave- no report Emerald Place at Lake Whalom- no report 651 Chase Road Solar- update of site work 265 Pleasant Street Solar- update of site work White Tail Crossing- verbal report Annual Town Meeting- Continued work on RMD Bylaw 8. ACTION FILE 9. MEETING SCHEDULE: April 14, 6:30 PM – Town Hall April 28, 6:30 PM – Ritter Memorial Building 10. PUBLIC COMMENT 11. BOARD COMMENT 12. MEMBER ISSUES 13. ADJOURNMENT Agenda/2014/03.24.14 ======================================================================================== DOCUMENT : 2014-03-24-agenda-3746.txt BOARD : planning-board DATE : 2014-03-24 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2014-03-24-agenda-3746.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_03242014-3746 ======================================================================================== ===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 TOWN OF LUNENBURG PUBLIC HEARING The Lunenburg Planning Board will hold a Public Hearing on March 24, 2014, 6:35 PM, Joseph Bilotta Meeting Room, Town Hall, 17 Main Street , Lunenburg, MA 01462 , to amend the Zoning Byl aw by adding to the current Section 4.0. Use Regulations a new Section entitled Section 4.16. Registered Marijuana Dispensary. Copies are on file in the Planning Office. Notice of said hearing will be duly posted in the usual posting places. Townmet/May 2014/03.24.14 ph notice ======================================================================================== DOCUMENT : 2014-03-24-minutes-3745.txt BOARD : planning-board DATE : 2014-03-24 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2014-03-24-minutes-3745.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_03242014-3745 ======================================================================================== ===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 March 24, 2014 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 Also Present; Chantell Fleck, MRPC Absent: Marion M. Benson E. Bakaysa, Motion to enter into Public Hearing and then to return to Regular Session, Second, M. All ison, all aye. PUBLIC HEARING, Warrant Article for May 2014 Town Meeting, RMD (Registered Marijuana Dispensary) Bylaw - See separate minutes. 265 Pleasant Street ANR: E. Bakaysa, Motion to endorse, Second, D. McQuaid, Plan signed. MINUTES APPROVAL: All minutes signed. Motion, N. Lockwood, to approve 3-10-14, Second, D. McQuaid. Motion, N. Lockwood, to approve 3-18-14 workshop, Second, M. Allison. COMMITTEE REPORTS: MJTC, M. Allison- Discussion on construction of Wachusett Rail Station. Work will cr eate some weekend closures on the rail lines going into North Station. Also, the Government Center T Stop will be closed for two years due to construction. MRPC, J. Bilotta-Simeone- Meeting scheduled for March 25th. School Building Committee, N. Lockwood- MS/HS Project will have a limited site plan review. Working session will be held April 9th regarding “value management items”. Building Reuse Committee, D. McQuaid- No update Agricultural Commission, M. Allison- Continued discussion on preparation of Right-to-Farm bylaw. NEW BUSINESS/DEVELOPMENT STATUS REPORTS: MS/HS Project- No report Highfield Village- In house meeting scheduled for March 27 th with applicant and peer reviewer. Peer reviewer will be brought current on project status as peer review engineering firm has changed. Force Corporation, 305 Leominster Shirley Road- No report Definitive Subdivision, 50 Elmwood Road - Developer requesting a 30 -day extension on Board endorsement of the Findings and Directives. Motion to approve 30 -day extension, D. McQuaid, Second, M. Allison, all aye. Extension approved to April 14, 2014. Whites Woods- No report. Emerald Place at Lake Whalom- No report. 651 Chase Road Solar - Racking and modules being installed. Rock swale being installed. Concret e equipment pads poured. E. Bakaysa recommended a Board site visit to both the Chase Road and Pleasant Street sites within the next two months. 265 Pleasant Street Solar- All modules installed. Fence being installed. Concrete equipment pad poured. Board requesting a site visit by the peer reviewer due to abutter comments regarding location of a telephone pole. E. Bakaysa also wants to ensure there are no gaps in screening and all landscaping is appropriate. ===PAGE 2=== Minutes 03.24.14 Page 2 White Tail Crossing- Developer is aware of his responsibility in getting Article on Town Warrant. Annual Town Meeting- Continued work on RMD Bylaw- See Hearing minutes. MEETING SCHEDULE: April 14, 2014, 6:30 PM, Town Hall, Hearing Continuation following by Board Meeting April 28, 2014, 6:30 PM, Ritter Memorial Building MEMBER ISSUES: M. Allison opined that the board received incorrect information regarding a safety issue at 305 Leominster Shirley Road and that the Board -approved plan was deficient in sight distance for a 25 MPH speed limit . Discussion followed with no resolution. Board discussed the possibility of asking the Police Chief to a meeting for discussion of the issue. There will be continued discussion at the April 14th Board meeting with the Board looking for advisement from C. Fleck from MRPC. Adjourned 9:00 PM. Documents used at meeting: Minutes 3-10-14 Minutes 3-18-14 Workshop 265 Pleasant Street ANR 50 Elmwood Road Request for Extension Chase Road Solar Update Pleasant Street Solar Update Draft RMD Bylaw Minutes/2014/03.24.14 ======================================================================================== DOCUMENT : 2014-03-24-minutes-3746.txt BOARD : planning-board DATE : 2014-03-24 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2014-03-24-minutes-3746.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_03242014-3746 ======================================================================================== ===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 Public Hearing Minutes Town Meeting Article March 24, 2014 Meeting Posted: Yes Place: Town Hall, 17 Main Street, Lunenburg, MA. 01462 Time: 6:35 PM Members Present: Joanna L. Bilotta -Simeone, Chair, Nathan J. Lockwood , Vice Chair, Damon McQuaid, Emerick R. Bakaysa, Matthew Allison Absent: Marion M. Benson, Planning Director Also Present: Chantell Fleck, MRPC Chair opened the Public Hearing at 6:35 PM with the reading of the legal notice published in the Sentinel & Enterprise on March 10 and March 17, 2014. The Public Hearing was to amend the Zoning Bylaw by adding to the current Section 4.0. Use Regulations a new Section entitled Section 4.16. Registered Marijuana Dispensary. Notices were sent to abutting towns, cities, agencies and Town departments. J. Bilotta-Simeone noted that at the November 6, 2012 State Election, for Ballot Question 3, Law Proposed by Initiative Petition, the Town voted YES to enact the proposed law eliminating stat e criminal and civil penalties related to the medical use of marijuana. J. Bilotta-Simeone went through the PowerPoint presentation handout (on file in the Planning Office). The Board’s bylaw (below) supplements the State’s Department of Public Health 105 CMR 725.000. 4.16. Registered Marijuana Dispensary 4.16.1. Purpose To provide for the placement of Registered Marijuana Dispensary (RMDs), in accordance with the Humanitarian Medical Use of Marijuana Act, G.L. c. 94C App. 1-1 – Chapter 369 of the Acts of 2012 in locations suitable for lawful medical marijuana facilities and to minimize adverse impact of RMDs on adjacent properties, residential neighborhoods, historic districts, schools, playgrounds and other locations where minors congregate by regulatin g the siting, design, placement, security and removal of RMDs. 4.16.2. Applicability 4.16.2.1. All RMDs shall comply with The Regulations promulgated by the Massachusetts Department of Public Health (DPH) 105 CMR 725.000 Implementation of an Act for the H umanitarian Medical Use of Marijuana, effective May 24, 2013, and any subsequent amendments thereto. 4.16.2.2. The Town reserves the right to require provisions in the DPH Regulations for which the state granted waivers and/or exemptions to the RMD appli cant based on the provisions of Section 8.3.3. (as to special permit) and Section 8.4. (as to development plan review). 4.16.3. Definition Registered Marijuana Dispensary: also known as a Medical Marijuana Treatment Center, means a not -for-profit entity registered under 105 CMR 725.000, that acquires, cultivates, possesses, processes (including development of related products such as edible marijuana-infused products, tinctures, aerosols, oils, or ointments), transfers, transports, sells, distributes, dispe nses, or administers marijuana, products containing marijuana, related supplies, or educational materials to registered qualifying patients or their personal caregivers. Unless otherwise specified, RMD refers to the site(s) of dispensing, cultivation, and preparation of marijuana. 4.16.4. Location 4.16.4.1. Retail: Allowed in Commercial Districts by special permit. 4.16.4.2. Cultivation: Allowed in all Districts by right if applicant is eligible for protection under Section 4.1.3(b) and G.L. c. 40A, § 3. ===PAGE 2=== Minutes 03.24.14 Public Hearing, Town Mtg Article Page 2 Section 4.16.5. Procedure for Submittal 4.16.5.1. The Planning Board shall be the Special Permit Granting Authority (SPGA) for a RMD Special Permit per MA Gen. Law 40A, Section 9. Siting shall be by Special Permit and Development Plan Review per Section 8.4 of the Lunenburg Protective Bylaw. 4.16.5.1.a) Criteria In granting any special permit, the Planning Board shall assure that the proposed use: 1) Will not be injurious or dangerous to the public health or unduly hazardous because of traffic congestion, danger or fire or explosion or other reasons. 2) Will not have a material adverse effect on the value of land and buildings in the neighborhood or on the amenities of the neighborhood. 3) Will be operated with reasonable regard for order and sightliness, if an open use. 4) Will not produce noise, vibration, smoke, dust, odor, heat or glare observable at the lot lines in amounts clearly detrimental to the normal use of adjacent property. 4.16.5.2. It is recommended that a concept plan showing the proposed use be submitted to the Planning Board for review and discussion prior to the filing for Development Plan Review. 4.16.5.3. The provisions of Section 8.3.3. (as to Special Permits) and Section 8.4. (as to Development Plan Review) shall apply. 4.16.5.4. Filing under Section 8.3.3. and 8.4. may be simultaneous. 4.16.6. Distance All proposed RMDs shall be sited accordingly as stated in Massachusetts Department of Public Health (DPH) 105 CMR 725.110 (A) (14). 4.16.7. Setbacks and Buffer Strips Cultivation facilities located within Residential Districts shall be surrounded by a buffer strip which shall be two hundred (200) feet in depth unless the applicant can demonstrate, and the Planning Boar d finds, that adequate buffering can be provided in a narrower buffer strip. In all other districts existing setbacks will apply. For Retail Distributions facilities without any cultivation component, which are allowed within the Commercial Districts only , existing setbacks will apply. 4.16.8. Design Standards In addition to requirements contained elsewhere in this Bylaw, Section 4.6.5. Design Standards shall be applicable to a RMD. The applicant shall meet all requirements of the Commercial District or D PH guidelines, whichever is more restrictive. 4.16.9. Security 4.16.9.1. All security measures to be approved by the Lunenburg Fire and Police Chiefs. 4.16.9.2. An active security system shall be required for all RMD locations and approved by both the Lunenburg Fire and Police Chiefs and submitted to the Planning Board 4.16.9.3. RMDs shall be open to inspection by the Fire Department, Police Department, Building Official and the Board of Health with twenty-four (24) hours’ notice of request for such i nspection to be made by the Town Department or Official. A property contact shall be available to such Town Department or Official twenty-four hours a day, seven days a week. 4.16.10. Documentation The Planning Board shall be provided with all decisions or approvals, denials or other substantive actions by DPH regarding the RMD and all submittals of information between the applicant or RMD and DPH. 4.16.11. Waivers The Planning Board may waive any of the standards within this section provided that such waiver will not derogate from the intent established herein. Board discussion. M. Allison - requested clarification on 4.16.7., para 2, as to “existing setbacks”. J. Bilotta -Simeone noted existing setbacks for Commercial District. The setback figure wil l be added to 4.16.7. E. Bakaysa- opined that the 200 foot setback in 4.16.7. would render certain properties not viable for cultivation and that the public needed to be aware the Boar d could waive the 200 foot setback if an applicant could demonstrate th at adequate buffering could be provided in a narrower buffer strip. Section will be edited to note that if the 200 foot setback renders an otherwise viable parcel unusable, the Board may waiver the 200 foot setback. Board discussion as to whether the Bylaw should note that RMDs could not be located within 1000 or 500 feet of schools, libraries, etc. DPH CMR specifi es 500 feet. The Board could specify 1000 feet at Town Meeting if desired by the citizenry. 4.16.7., para. 2, clarify that in all other dist ricts, existing setbacks apply. 4.16.4.2., edit to note cultivation allowed in commercial and industrial districts by right and allowed in other districts where “applicant is eligib le…”. Combine 4.16.9.1. and 4.16.9.2. Add a section to include annual rep orting by each facility to provide all applicable licenses to SPGA and demonstrate continued compliance with the special permit. C. Fleck to research. Add a section limiting special permit to current owner of facility. If under new ownership, special permit may be tr ansferred with approval of SPGA. N. Lockwood requesting Town Counsel guidance. J. Bilotta-Simeone opened for public comment. Celeste McCain-Stober, 275 Pleasant Street- opined that the special permit should be able to accept/reject siting in a residential neighborhood. Tom Alonzo, 284 Lancaster Avenue - opined that the Residential District setback s are in place for criteria established in 4.16.5.1.a). If the setback negates a parcel from being viable this should not be a reason to change th e setbacks. He noted no provisions were made for processing facilities. He also inquired as to what the Board is allowed to waive under 4.16.11. C. Fleck responded that applies to 4.16.8. and 4.16.7. Clarification will be added. 4.16.4.1. will be revised to “Retail, processing and cultivation will be allowed in Commercial Districts by special permit” . 4.16.4.2. will be revised to include processing. ===PAGE 3=== Minutes 03.24.14 Public Hearing, Town Mtg Article Page 3 Carl Luck, 50 Sunset Lane - asked for cla rification of allowable districts for cultivation. Presently i n Commercial and Office Park/Industrial by right. C. Fleck noted it is exempt from zoning if it is an agricultural use, but would not be considered agricultural if located inside a building. Change to Commercial and Office Park/Industrial by special permit. M. Allison, Motion to continue hearing to April 14, 2014, 6:30 PM, Town Hall, Second, D. McQuaid. All aye. Recessed 8:15 PM. E. Bakaysa, Motion to return to Regular Session, Second, M. Allison, All aye. Minutes/public hearings 2014/town mtg art 03.24.14 ======================================================================================== DOCUMENT : 2014-04-07-agenda-3747.txt BOARD : planning-board DATE : 2014-04-07 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2014-04-07-agenda-3747.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_04072014-3747 ======================================================================================== ===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, April 7, 2014 – 6:00 PM Ritter Memorial Building, 960 Massachusetts Avenue Lunenburg, MA AGENDA ROLL CALL WORKSHOP/DISCUSSION 250 Whalom Road, Lunenburg Village Review RMD Draft Bylaw ADJOURNMENT Agenda/2014/04.07.14 ======================================================================================== DOCUMENT : 2014-04-07-minutes-3747.txt BOARD : planning-board DATE : 2014-04-07 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2014-04-07-minutes-3747.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_04072014-3747 ======================================================================================== ===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 Workshop Minutes April 7, 2014 Meeting Posted: Yes Place: Ritter Memorial Building, 960 Massachusetts Avenue, Lunenburg, MA Time: 6:00 PM Present: Joanna L. Bilotta-Simeone, Nathan J. Lockwood, Damon McQuaid, Matthew Allison Absent: Emerick R. Bakaysa 250 Whalom Road, Lunenburg Village - Richard Heaton, H&H Associates LLP gave the Board the comprehensive permit background of the project through the Zoning Board of Appeals. The applicant, who originally submitted the project as condominiums, is now seeking to modify the existing Comprehensive Permit to all rental units (120) and the Board is inquiring if this changes the project from a 40B to a 40R. Mr. Heaton noted to the Board that this project would still fall under a 40B , and the Town will get credit towards its Subsidized Housing Inventory (SHI) for the rentals . Town will receive less tax revenues if project goes from condominiums to rentals. Seventy (70%) percent of the units would have “local preference”. Mr. Heaton noted that the Town has an approved Housing Production Plan (HPP). Under that Plan, if the Town produces half of one percent of its housing as affordable every year, the Town can be exempt from 40B. For Lunenburg, that would be approximately 20 units/year. The Zoning Board of Appeals will inform the developer that the Planning Board would like him to come before them with a presentation. RMD Draft Bylaw- Revise 4.16.4.2. to read “cultivation and/or agricultural processing:…” Add 4.16.4.3. RMD facilities that cultivate and process, but do not do retail of marijuana, are allowed in Office Park and Industrial Districts (OP/I) by special permit. Revise 4.16.6.2. Setbacks and Buffer Strips to read “Cultivation facilities located outside of Retail Commercial (RC), Commercial (C), or Office Park and Industrial Districts (OP/I) shall be surrounded…” Adjourned 7:20 PM. Documents used at workshop: Draft RMD Bylaw Minutes/2014/04.07.14 ======================================================================================== DOCUMENT : 2014-04-14-agenda-3748.txt BOARD : planning-board DATE : 2014-04-14 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2014-04-14-agenda-3748.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_04142014-3748 ======================================================================================== ===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, April 14, 2014 – 6:30 PM Town Hall, 17 Main Street Lunenburg, MA In accordance with the requirements of the Open Meeting Law, please be advised that this meeting is being recorded and broadcast over Lunenburg Public Access. AGENDA 1. ROLL CALL 2. 6:30 PM- PUBLIC HEARING (cont’d)- Warrant Article for May 2014 Town Meeting- RMD (Registered Marijuana Dispensary) Bylaw 3. Motion to Accept RMD Bylaw 4. APPOINTMENTS 6:50 PM- Highfield Village, Extension Request 6:55 PM- ANR- David/Sandra Diperri, 115 Fairview Rd 7:00 PM- ANR- Sean Connery, 317 Sunny Hill Rd 7:05 PM- Gehrlicher Solar American Corp., Pleasant Street Solar 5. MINUTES APPROVAL: 3-24-14, Public Hearing 3-24-14, Workshop 4-7-14 6. COMMITTEE REPORTS: MJTC, Matthew Allison MRPC, Joanna Bilotta-Simeone School Building Cmte, Nathan Lockwood Building Reuse Cmte, Damon McQuaid Agricultural Comm, Matthew Allison 7. NEW BUSINESS/DEVELOPMENT STATUS REPORTS- Middle School/High School (MS/HS) Project- no report Highfield Village- verbal update Force Corp., 305 Leominster Shirley Rd- verbal update Definitive Subdivision, 50 Elmwood Rd- Extension request Whites Woods, Mass Ave- no report Emerald Place at Lake Whalom- no report 651 Chase Road Solar- update of site work 265 Pleasant Street Solar- update of site work 250 Whalom Road, Lunenburg Village- verbal update White Tail Crossing- verbal report Annual Town Meeting- May 3, 2014 Data Information- Town Notices & Abutting Communities 8. ACTION FILE Master Plan, Housing Element 9. MEETING SCHEDULE: April 28, 6:30 PM – Ritter Memorial Building ? May 3, 8:15 AM – High School Auditorium May 12, 6:30 PM – Town Hall ? May 26 – Memorial Day – discuss alternate date/no meeting 10. PUBLIC COMMENT 11. BOARD COMMENT 12. MEMBER ISSUES 13. ADJOURNMENT Agenda/2014/04.14.14 ======================================================================================== DOCUMENT : 2014-04-14-minutes-3748.txt BOARD : planning-board DATE : 2014-04-14 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2014-04-14-minutes-3748.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_04142014-3748 ======================================================================================== ===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 April 14, 2014 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 Also Present; Chantell Fleck, MRPC Absent: Marion M. Benson PUBLIC HEARING (cont’d), Warrant Article for May 2014 Town Meeting, RMD (Registered Marijuana Dispensa ry) Bylaw- See separate minutes. Motion to Accept RMD Bylaw - Motion, E. Bakaysa, to accept RMD Bylaw and forward to Town Counsel for review, Second, D. McQuaid, all aye. Highfield Village, Extension Request - J. Godfrey, project developer, noted sewer plan was accepted by the Sewer Commission. Site plans have been received in the Planning Office and supplied to David E. Ross (DR) Associates for review. DR will review the plans to ensure changes recommended by the previous reviewing firm (Marsden Engineeri ng) have been incorporated into the new plans. An in -house tech meeting will be held April 23 rd to bring Town Departments up to date. The Hearing Continuation is scheduled for May 12 th. The EIR (Environmental Impact Report) is outstanding and in final determination by MEPA (Massachusetts Environmental Policy Act ). The Town submitted a request for a sewer extension permit to DEP (Department of Environmental Protection). That is currently in a 30-day review. A final design is before the Conservation Commission to get an Order of Conditions for project construction. Developer requesting from the Board a 90-day extension to July 14, 2014. Motion, D. McQuaid, to extend to July 28, 2014, Second, M. Allison, all aye. ANR- David/Sandra Diperri, 115 Fairvie w Road - Plan accepted for review. Parcel A, consisting of 353 sq. ft., is to be conveyed to the Town for street purposes. Applicant has discussed this with Building/Zoning Official, Town Manager, and DPW Director. Applicant noted he is expecting a lette r from the DPW Director stating same. Applicant going before the Zoning Board of Appeals as existing barn does not meet required setbacks. Submittal does not contain completed Board of Health form with Nashoba Associated Board of Health signature as Mr. Garreffi has a question for the State. Applicant currently has a septic system. Sewer runs up the street and applicant suggests an enforceable agreement with the Planning Board that applicant ties into Town sewer on/before occupancy of the house that wil l be constructed. Board noted as part of review process the plan will be reviewed by the Sewer Commission. ANR, Sean Connery, 317 Sunny Hill Road- Plan accepted for review. Lot 5 being changed into Lots 5A and 5B. Pleasant Street Solar - Eric Aubrey wit h Gehrlicher Solar on behalf on the developer. There is an issue of utility poles being installed on-site. There will be four on site. (There will also be four poles at the Chase Road site.) Pole location was not in the Board approved Plan. E. Aubrey noted these are Unitil poles. J. Bilotta-Simeone noted Board Approval states all utility wiring is to be underground. E. Aubrey noted since the Plans were approved 2 -3 years ago, utility companies now require pole mounting for monitoring of the solar fie ld. Without the poles, there is no project. The equipment that goes on the poles protects the sub - station. If there is a power surge , it will shut the field off from the grid. J Bilotta -Simeone noted she needs to research. She inquired of C. Fleck if a Cease and Desist could be issued. C. Fleck responded that the Board was within its rights to do the research as the Approval specified all utilities would be underground. M. Allison opined that the pole could be in a differe nt location. J Bilotta-Simeone notes letter this date from Building/Zoning Official stating “…several utility poles…installed by the utility company that were not shown on the site plan… any poles…not approved by the Planning Board would require their approval. …some or all of the poles may also require the Selectman’s approval if their location requires such additional approval…” DR did a site inspection on April 2nd and noted “no pole is installed at the driveway and Pleasant Street intersection ===PAGE 2=== Minutes 04.14.14 Page 2 as proposed and approved.” N. Lockwood opined that it would be beneficial for the Board and the reviewing engineer to have information from the developer as to what exactly is being required by the utility company. E. Aubrey noted that the solar field only takes up 4.5 acres of the 47 acre site and that the remaining acreage is available to the residents. E. Bakaysa inquired if this requirement is unique to Massachusetts. E. Aubrey will get information from Unitil stating the ground -mounted requirement. M. Allison and E. Bakaysa inquired if poles could be along Pleasant Street or the tree line. M. Allison would like to know the minimum spacing of the poles. E. Aubrey stated they could be moved, but the utility company requires twelve and one half fee t from the property line on either side. Board requested name of contact person at Unitil to provide to DR for research. J Bilotta- Simeone inquired process for Cease and Desist so no more wiring work is done. E. Aubrey noted that the developer has done all it can do. Nothing else will happen with the poles. MINUTES APPROVAL: All minutes signed. Motion, N. Lockwood, to approve 3-24-14, Second, M. Allison. Motion, N. Lockwood, to approve 3-24-14 Public Hearing, Second, D. McQuaid . Motion, N. Lockwood, to approve 4-7-14 Workshop, Second, D. McQuaid. COMMITTEE REPORTS: MJTC, M. Allison- No meeting held. MRPC, J. Bilotta-Simeone- State Land Use Bill legislation ongoing to revise Ch. 40A to change the land use and subdivision control law. School Building Committee, N. Lockwood- Building cost being estimated based on latest stage of design. Architectural firm moving forward with next level of design. J. Bilotta-Simeone noted that Whitman & Bingham Associates, the Planning Board’s peer reviewing firm, has stated they will do a pro bono review. Town Manager has been informed. Building Reuse Committee, D. McQuaid- Committee back up to nine members. Subcommittee meeting will be held on issue of getting goals accomplished re planning and zoning of Town Ce nter with a Village District or Overlay District . C. Fleck suggested the Board start working on public outreach/site walks. Agricultural Commission, M. Allison- No meeting held. It was noted that the Right to Farm bylaw is on the Warrant. NEW BUSINESS/DEVELOPMENT STATUS REPORTS: MS/HS Project- No report Highfield Village- See “extension request” above. Force Corporation, 305 Leominster Shirley Road- Noted well and septic system being done. Definitive Subdivision, 50 Elmwood Road - Whitman & Bingham Associates, on behalf on the applicant, requesting that the decision period for the Board to act on the proposed subdivision be extended for 90 days. J. Rheault, Whitman & Bingham Associates noted the buyer and seller are still working on the transaction. Motion, D. McQuaid, Second, M. Allison, all aye. Extension approved to July 14, 2014. Whites Woods- No report. Emerald Place at Lake Whalom- No report. 651 Chase Road Solar- Noted update of site work. 265 Pleasant Street Solar- Noted update of site work. J Bilotta -Simeone requested letter be sent to the developer confirming no more electrical work will be done. 250 Whalom Road, Lunenburg Village - Noted Zoning Board of Appeals continued hearing. Next hearing dates are May 28 th and June 25th. J Bilotta-Simeone updated the Board on the hearing. White Tail Crossing - Roadway inspected by DR. Some work still needed to be done in the field. DPW Director noted, per conversation with the Town Manager, there will be a Fall Town Meeting if the developer d oes not get approval at May Town Meeting. Annual Town Meeting- May 3, 2014- Noted ACTION FILE: Master Plan, Housing Element - Discussion on use of FY2013 encumbered funds for updating an Element of the Master Plan. J. Hume, MRPC, felt it would be benefi cial for the Board to proceed with the Housing Element as housing is considered an eligible project under the DLTA. A Housing Element would normally cost $8,000 - $10,000, but in conjunction with the DLTA, it would be reduced to approximately $4 ,000 which would make use of the encumbered funds. The only Element that has been updated since 2002 is Economic Development. The Open Space Plan could be converted into an Element for around $2,000, but does not fall under DLTA. A Housing Element “identifies and analyzes existing and forecasted housing needs and ===PAGE 3=== Minutes 04.14.14 Page 3 objectives including programs for the preservation, improvement and development of housing.” Motion, N. Lockwood to move ahead with MRPC on the Housing Element, Second, D. McQ uaid, all aye. J. Hume to follow up with the Town Manager as to the DLTA portion. He noted it takes approximately three meetings with the Board to do an Element. He will have a draft presentation for the Board in approximately a month. MEETING SCHEDULE: April 28, 6:30 PM, Ritter Memorial Building May 3, 8:15 AM, High School Auditorium May 12, 6:30 PM, Town Hall Tuesday, May 27, 6:30 PM, Ritter Memorial Building PUBLIC COMMENT: Celeste McCain-Stober, 275 Pleasant Street- opined that the poles were being put up on Pleasant Street because it is more cost effective for the developer and the utility company. This should not be the concern of the Planning Board. She also felt if one of the poles was erected near the solar entrance, it would be well hidde n in the tall trees. Paula Bertram, 312 Townsend Harbor Road - Concerned with the earth removal at the proposed Elmwood Road subdivision. She recommends that the Board confer with the Building/Zoning Official for safeguards prior to endorsement of the Appr oval. She also noted that utility pole location must come to the Board of Selectmen for approval. Opined that the population growt h needs to be looked at in the updating of the Master Plan. The Comprehensive Wastewater Management Plan - a full build out for all proposed areas of sewer need were looked at and those population projections already exist in the CWMP. That data could be incorporated into the Master Plan. Sharon Jordan, 77 Burrage Street - As a member of both the Conservation Commission and t he Open Space and Recreation Committee, thanked the Board for its recommendation to acquire the Lane property on Holman Street. Also wanted to remind the public of the two site visits scheduled for April 19 th and 26th, 10:00 AM. BOARD COMMENT: N. Lockw ood brought up the issue of speed/traffic at 305 Leominster Shirley Road. Board requesting Police Chief J. Marino come to the April 28th Board meeting for discussion of same. Motion N. Lockwood to adjourn, Second, D. McQuaid, Adjourned 8:30 PM. Documents used at meeting: Minutes 3-24-14 Minutes 3-24-14 Public Hearing Minutes 4-7-14 Workshop 115 Fairview Road ANR 317 Sunny Hill Road ANR Highfield Village Request for Extension 50 Elmwood Road Request for Extension Chase Road Solar Update Pleasant Street Solar Update Draft RMD Bylaw David Ross Associates review 4-2-14, Pleasant Street solar Building/Zoning Official letter 4-14-14, Pleasant Street solar Minutes/2014/04.14.14 ======================================================================================== DOCUMENT : 2014-04-22-agenda-3749.txt BOARD : planning-board DATE : 2014-04-22 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2014-04-22-agenda-3749.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_04222014-3749 ======================================================================================== ===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 Tuesday, April 22, 2014 – 7:00 PM Town Hall, 17 Main Street Lunenburg, MA In accordance with the requirements of the Open Meeting Law, please be advised that this meeting is being recorded and broadcast over Lunenburg Public Access. AGENDA PRESENTATION TO BOARD OF SELECTMEN: REGISTERED MARIJUANA DISPENSARY (RDM) BYLAW Agenda/2014/04.22.14 w_ BOS ======================================================================================== DOCUMENT : 2014-04-22-minutes-3749.txt BOARD : planning-board DATE : 2014-04-22 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2014-04-22-minutes-3749.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_04222014-3749 ======================================================================================== ===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 April 22, 2014 Meeting Posted: Yes Place: Town Hall, 17 Main Street, Lunenburg, MA Time: 7:00 PM Registered Marijuana Dispensary Draft Bylaw presentation to Board of Selectmen by J. Bilotta-Simeone Minutes/2014/04.22.14 ======================================================================================== DOCUMENT : 2014-04-28-agenda-3750.txt BOARD : planning-board DATE : 2014-04-28 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2014-04-28-agenda-3750.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_04282014-3750 ======================================================================================== ===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, April 28, 2014 – 6:30 PM Ritter Memorial Building, 960 Massachusetts Avenue Lunenburg, MA AGENDA 1. ROLL CALL 2. PUBLIC COMMENT 3. 6:35 PM- DISCUSSION Speed/traffic in vicinity of 305 Leominster Shirley Rd 4. 6:50 PM- 265 Pleasant Street Solar 5. ANR ENDORSEMENTS David & Sandra Diperri, 115 Fariview Road Sean Connery, 317 Sunny Hill Road 6. MINUTES APPROVAL 4-14-14 & 4-14-14 Public Hearing 7. COMMITTEE REPORTS MJTC, Matthew Allison MRPC, Joanna Bilotta-Simeone School Building Cmte, Nathan Lockwood Building Reuse Cmte, Damon McQuaid Agricultural Comm, Matthew Allison Board vote to recommend Right to Farm General Bylaw to 5-3-14 TM 8. NEW BUSINESS/ DEVELOPMENT STATUS REPORTS MS/HS Project- verbal update Highfield Village- verbal update Force Corp., 305 Leominster Shirley Rd- no report Definitive Subdivision, 50 Elmwood Rd- no report Whites Woods, Mass Ave- no report Emerald Place at Lake Whalom- verbal updatet 651 Chase Road Solar- verbal update 265 Pleasant Street Solar- verbal update White Tail Crossing- verbal update Annual Town Meeting- May 3, 2014 9. ACTION FILE RMD Bylaw- Board vote to recommend to 5-3-14 TM 250 Whalom Road, Lunenburg Village- no update Master Plan Data Information- Town Notices 10. MEETING SCHEDULE: May 3, 8:15 AM – High School Auditorium May 12, 6:30 PM – Town Hall, Highfield Village Hearing followed by Bd mtg May 27, 6:30 PM – Ritter Memorial Building 11. PUBLIC COMMENT 12. BOARD COMMENT 13. MEMBER ISSUES 14. ADJOURNMENT Agenda/2014/04.28.14