# planning-board — 19 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 : 2017-10-23-minutes-3957.txt BOARD : planning-board DATE : 2017-10-23 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2017-10-23-minutes-3957.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_10232017-3957 ======================================================================================== ===OCR macOS Vision=== ===PAGE 1=== TOWN OF LUNENBURG Office of the Planning Board RECEIVED & FILED NOV 1 :: 2017 LUNENBURG TON.% CLERK OFFI Gregory Bittner, Chair Matthew Allison, Vice Chair D18 ІНСОЛО» Adam R. Burney Land Use Director Minutes Public Hearing (cont'd) 994 Northfield Road October 23, 2017 Meeting Posted: Yes Place: Town Hall, 17 Main Street, Lunenburg, MA Time: 6:35 PM Present: Gregory Bittner, Matthew Allison, Kenneth Chenis, David Prokowiew, Michael-Ray Jeffreys, Adam R. Burney The Hearing continuation was to hear and discuss an application for a Special Permit and Site Plan Approval under §4.15. and §8.4. of the Protective Bylaw of the Town of Lunenburg for construction of a 6MW large-scale ground-mounted photovoltaic installation at 994 Northfield Road (Map 037, Parcel 0013). The Applicant, Settlers Solar, LLC, was represented by Robert Oliva, David E. Ross Associates (DER); Attorney Robert Bowen; Ethan Gyles, PE, Development Manager, and Alan Clapp, PE, Director, Development Projects, NEXAMP. Attorney Bowen prefaced the Hearing Continuation by referring to the purpose of Protective Bylaw of the Town of Lunenburg, §4.15. Solar Energy Systems-..to provide siting... for all home, commercial or industrial installations. ...Large-Scale Ground- Mounted Photovoltaic installations outside of the Solar Overlay District may be constructed by special permit provided certain criteria...are met.". It was his opinion that NEXAMP met the Bylaw criteria. A. Clapp noted that NEXAMP appeared before the Conservation Commission on October 18. The concerns of the Commission were addressed except for a construction schedule. NEXAMP will appear before the Commission again on November 1st. Changes to the project are reducing the size to 5.8 MW by removing some panels close to the abutters on the south side (dropped it by 200 KW). Trees will be cut right up to property line on golf course side, thus moving the panels more north east on the site. The access road has been moved out of the 200' vegetated buffer. NEXAMP met with the Fire Chief on October 12th, The Fire Chief has requested installation of a Knox Box, 24 hour contact information, training for first responders, and maintenance to the roads through the array for emergency access. The Fire Chief noted that he did not see a need for snow removal beyond the gate. The PILOT (Payment in Lieu of Taxes) was approved by the Board of Selectmen on October 17ü. E. Gyles showed an updated overview of the site. The wooded buffer to the abutters on Northfield Road has been increased from 50' to 100' and the stump zone increased so that the total buffer strip is a minimum of 200' wide on the south side. Some panels have been eliminated on the south side of the site. A pollinator seed mix will be used in several areas within the fenced array. NEXAMP presented photographs taken from three points on the property line inward towards the proposed array location. R. Oliva showed site cross sections from the same three locations to show a graphical representation of the different sight lines based on topographic information. NEXAMP will have to file a stormwater pollution prevention plan (SWPPP) with the EPA. They will also have to come before the Planning Board with the SWPPP. A revised Impact Report addressed Traffic, Transportation and Circulation; Stormwater; Public Services and Fiscal Impacts; Environmental Impacts; Noise and Light Impacts; Habitat; Community Impacts; and Property Values. The proposed project will require clearing of approximately 36 acres; approximately 24.7 acres will be planted with ===PAGE 2=== Minutes 10.23.17 994 Northfield Road Public Hearing Page 2 grasses and 1.3 with pollinator seed mix. Outside of the fenced area, 9.2 acres will be left with stumps and allowed to revegetate. A revised decommissioning plan and surety estimate was submitted based on a proposal from a contractor. Bill Gustus (owner of subject parcel), 19 Burke Street- did additional outreach to abutters and asked them what they needed in order to make the array acceptable. Ron Smith, 1026 Northfield Road- noted revised plan was definitely an improvement over the initial submittal. He noted he was willing to have his property line thickened with trees if it would benefit NEXAMP. An email was read into record from Christopher Valliere, 1048 Northfield Road noting that Mr. Gustus had addressed his concerns. Lucy Hawkins Smith, 1026 Northfield Road-pleased that the buffer zones were improved. R. Oliva noted the revised O&M (Operation and Maintenance Plan), which addresses mowing of the site and maintenance of the facility. M. Allison brought forth the concern of the property being designated Chapter 61B. A. Burney responded that upon change of use, Lunenburg will have the Right of First Refusal (ROFR). That doesn't preclude the Board from moving forward. B. Gustus noted that he does not plan to file a notice of change of use until all permits have been issued. This is covered in the lease he has with NEXAMP. There was Board concern as to the value of the land at the time B. Gustus files for a change of use, If any of the land is cleared prior to the filing, that would devalue the land. It was noted that a Condition of the Decision could be that no clearing would take place until the Board of Selectmen had the opportunity to decide if they wanted to acquire the land. There was concern as to replants if plants fail. A suggested Condition was for "maintaining the integrity of the visual buffer". M. Allison felt that it was important to shield the abutters during construction through plantings. R. Oliva responded that they would not be able to shield the abutters entirely from the construction process and would prefer to plant the evergreens at the end of the process. In the past, the public has accessed trails behind the proposed solar field location through 994 Northfield Road. K. Chenis questioned if abutters would still be able to access those trails through the property. B. Gustus responded that would not be an issue and when on to note that he has agreed to a conservation restriction in perpetuity for the balance of Lot 1A. NEXAMP is phasing the surety. G. Bittner would prefer a bond with the full amount up front. Reviewing Engineer Jeffrey Walsh, Graves Engineering, Inc., felt that the dollar amount seemed low. Attorney Bowen noted that NEXAMP was of the opinion that it met the criteria under Protective Bylaw of the Town of Lunenburg, 84.15.4. 3. G. Bittner asked NEXAMP if they would be willing to Condition entering into a PILOT agreement with the Board of Selectmen. A. Clapp responded affirmatively. K. Chenis, Motion to close the Public Hearing, Second, D. Prokowiew, all aye. Hearing closed 9:23 PM Documents used at meeting: 994 Northfield Road Revised Materials w/cover letter dt 10/16/17 Minutes/public hearings 2017/994 Northfield Road_10.23.17 ======================================================================================== DOCUMENT : 2017-11-13-agenda-3920.txt BOARD : planning-board DATE : 2017-11-13 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2017-11-13-agenda-3920.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_11132017-3920 ======================================================================================== ===PAGE 1=== ======================================================================================== DOCUMENT : 2017-11-13-agenda-3926.txt BOARD : planning-board DATE : 2017-11-13 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2017-11-13-agenda-3926.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_11132017-3926 ======================================================================================== ===PAGE 1=== ======================================================================================== DOCUMENT : 2017-11-13-agenda-3927.txt BOARD : planning-board DATE : 2017-11-13 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2017-11-13-agenda-3927.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_11132017-3927 ======================================================================================== ===PAGE 1=== ======================================================================================== DOCUMENT : 2017-11-13-agenda-3955.txt BOARD : planning-board DATE : 2017-11-13 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2017-11-13-agenda-3955.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_11132017-3955 ======================================================================================== ===PAGE 1=== Planning Board Meeting- 59 Electric Ave. 1. ======================================================================================== DOCUMENT : 2017-11-13-minutes-3920.txt BOARD : planning-board DATE : 2017-11-13 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2017-11-13-minutes-3920.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_11132017-3920 ======================================================================================== ===OCR macOS Vision=== ===PAGE 1=== Gregory Bittner, Chair Matthew Allison, Vice Chair Kenneth Chenis, Clerk David Prokowiew, Mbr. Michael-Ray Jeffieys, Mbr. RECEIVED & FILED TOWN OF LUNENBURG NOV 2& 2017 Office of the Planning Board LUNENBURG TOWN CLERK OFFICE Tel: (978) 582-4147, ext 5 Fax: (978) 582-4353 960 Massachusetts Avenue OFLELES 218 INCORPORA Lunenburg, MA 01462 Adam R. Burney Land Use Director Marjorie J. Boggio Administrative Assistant Minutes November 13, 2017 Meeting Posted: Yes Place: Town Hall, 17 Main Street, Lunenburg, MA Time: 6:30 PM Present: Gregory Bittner, Matthew Allison, Kenneth Chenis, David Prokowiew, Michael-Ray Jeffreys, Adam R. Burney Also Present: Attorney Adam Costa - Town Counsel 994 Northfield Road- Deliberation: G. Bittner noted the Public Hearing had been closed. He noted a document received from behalf of the Applicant, stated they did not wish to reopen the Public Hearing. Board members provided comments as follows: M. Jeffreys - Stated he provided his comments at the last meeting. His assessment had not changed and he does not find the proposal to be compliant with the Bylaw. He went on to thank the property owner and Applicant for putting together the proposal. He also thanked the residents for their input. D. Prokowiew - Stated that the Applicant had not met the criteria contained in Code of Lunenburg, § 250-4.15, D.(3). He read a two page statement into record, summarizing it with the statement that this particular solar development "would substantially derogate from the intent and purpose of this bylaw to protect existing neighborhoods from the impacts of large-scale industrial/commercial uses in residential areas". K. Chenis - He felt that the Applicant did a good job of meeting the Board's expectations for compliance with the Bylaw. He went on to state that this would be an appropriate use for the land to sustain the future of the golf course and would be a financial benefit the Town. He opined that there could be worse uses than solar, e.g., residential subdivision. M. Allison - He was in agreement with all three prior Board members' comments. He felt the use was not appropriate for the area and that the Applicant had not met the standards set forth in the Bylaw. G. Bittner - He had concerns with the size of the project and impact to abutters. He went on to state that the Applicant did not mitigate the impact to the abutters and was not wiling to compromise. Attorney Costa briefed the Board on procedural issues. There were two applications before the Board; special permit and site plan approval. For the special permit, a super-majority vote is required. To approve the special permit the Board needs to make affirmative findings to each of the standards in the Bylaw; to deny, the Board need find that only one criterion was not met. He touched upon the correspondence received on November 9, 2017 from the Applicant's counsel stating that it had been received after the close of the Public Hearing, and therefore could not be considered. (As mentioned above, the Applicant declined the opportunity to reopen the Hearing in order to get the correspondence into record and considered as part of the deliberation.) Site plan approval requires a separate vote (simple-majority). The Board gave the Applicant the opportunity to withdraw its application. Attorney Bowen, on behalf on the Applicant, stated that the Applicant was not interested in withdrawing the application. ===PAGE 2=== Minutes, 11.13.17 Page 2 Motion, M. Jeffreys, to deny the special permit for the project at 994 Northfield Road, Second, D. Prokowiew, M. Jeffreys, aye; D. Prokowiew, aye; K. Chenis, nay; M. Allison, aye; G. Bittner, aye. The special permit was denied by a otion, M. Jeffreys, to deny the proposal for site plan approval for 994 Northfield Road, Second, D. Prokowiew, I effreys, aye; D. Prokowiew, aye: K. Chenis, nay; M. Allison, aye; G. Bittner, aye. The site plan approval was denied b Attorney Costa requested if the Board would like him to prepare the Decision; they responded affirmatively. PUBLIC HEARINGS: 234 Summer Street- see separate minutes 5 & 9 Electric Avenue- see separate minutes APPOINTMENT: 221 Goodrich Street- Common Driveway- Presented by Rob Oliva, David E. Ross Associates, Inc. Due to the topography, the Applicant is requesting approval of a common driveway to serve two lots; Lots 4 and 5, 221 Goodrich Street. A house is proposed on Lot 5. The proposed driveway will come from Goodrich Street. The grade is under 12% where it comes in off Goodrich Street, but increases to approximately 15.2% by the time it reaches Lot 5. Both M. Jeffreys and G. Bitter questioned if this fell within the Board's discretion. As the grade exceeds the 12% allowable under §250-6.4.C.(2)(d), would it require a Zoning Board of Appeals decision? A. Burney noted that the Building Commissioner will have to make a separate determination and the Fire Chief has noted that he plans to go and view the driveway before making his recommendation. M. Allison does not see an issue with the common driveway as the Applicant is not affecting the sight lines and will be keeping the same curb cut. R. Oliva inquired who he should approach as some of the Board members opined that this was not within their purview. Consensus was that he should speak to the Building Commissioner/Zoning Enforcement Officer. A. Burney noted that R. Oliva had already spoken with the Building Commissioner/Zoning Enforcement Officer and was informed that he could not get a permit as he has a common drive that splits the lot. The Applicant was then sent to this Board. The Building Commissioner/Zoning Enforcement Officer did not indicate to A. Burney if a filing would be required with the Zoning Board of Appeals. R. Oliva asked if the Board would support the driveway location. Motion, K. Chenis to approve location only of the shared driveway, Second, M. Allison. Discussion- G. Bittner wanted to ensure that grade did not enter into this Motion. Some Board members felt that approving the grade was outside their purview. K. Chenis withdrew his Motion. Motion, M. Allison, that a letter be drafted stating that the Planning Board reviewed the application for a shared driveway plan. Upon discussion, the Planning Board does not feel that it has the jurisdiction to approve a common driveway for a shared use existing greater than 12%, Second, D. Prokowiew, D. Prokowiew, aye; K. Chenis, abstain; M. Allison, aye; G. Bittner, aye; M. Jeffreys, aye. Motion passed with one abstention. PUBLIC HEARING: STM Warrant Articles- see separate minutes. Motion, M. Allison to endorse the proposed change, Second, K. Chenis, all aye. MINUTES APPROVAL: All minutes accepted. Motion, M. Jeffreys, that Marjorie Boggio's name (Administrative Assistant), be added to the Board's documents moving forward, Second, D. Prokowiew, all aye, 09/25/17 09/25/17, 994 Northfield Road 10/10/27, Workshop with Board of Selectmen 10/16/17, Workshop ===PAGE 3=== Minutes, 11.13.17 Page 3 10/23/17 10/23/17, 994 Northfield Road 10/23/17, 5 & 9 Electric Avenue COMMITTEE REPORTS: Capital Planning Committee- Meeting November 14. School Building Committee- No meeting Green Community Task Force (GCTF)- MRPC consultant was present at last meeting. Grant submission due in January 2018. Stormwater Task Force- No meeting Agricultural Commission- Preparing Articles for spring in conjunction with looking for an open public market space. MJTC- K. Chenis unable to attend last meeting. MRPC- Discussion on Community Compact and grant monies available. Open Space Ad Hoc Committee- No meeting Charter Review Committee. Will be reviewing Articles 1 and 2 at next meeting. Exploring changes to town meeting, e.g. spread out over multiple days, weekdays, etc. to increase citizen participation. DIRECTOR'S ITEMS: Definitions and Use Table- tabled MEETING SCHEDULE: November 27- Public Hearing for 1 Main Street November 28 - Special Town Meeting 7:00 PM, Middle/High School December 11 PUBLIC COMMENT: M. Allison noted progress being made at the economic development sessions. ONGOING ITEMS: Charter Review Economic Development- Board of Selectmen to schedule meeting Complete Streets BOARD COMMENT/CONCERNS: Code §250-4,16. Registered Marijuana Dispensaries. He is proposing changes to the current §250-4.16. for it to be more compliant with the December 2016 changes to Ch. 40A, MGL. Student Initiative- Noted a Student Initiative he is proposing and requested Board's support to continue pursuing. ADJOURNMENT: 10:30 PM Documents used at meeting: Board Member's Statement regarding 994 Northfield Road Minutes- 9/25/17 9/25/17-994 Northfield Road 10/10/17-Workshop 10/16/17-Workshop 10/23/17 10/23/17-994 Northfield Road 10/23/17-5 & 9 Electric Avenue 221 Goodrich Street- Request for Common Driveway Section 250-4.16. Registered Marijuana Dispensaries - DRAFT Student Initiative handout Minutes/2017/11.13.17 ======================================================================================== DOCUMENT : 2017-11-13-minutes-3926.txt BOARD : planning-board DATE : 2017-11-13 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2017-11-13-minutes-3926.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_11132017-3926 ======================================================================================== ===OCR macOS Vision=== ===PAGE 1=== TOWN OF LUNENBURG Office of the Planning Board Gregory Bittner, Chair Matthew Allison, Vice-Chair Kenneth Chenis, Clk. David Prokowiew, Mbr. Michael-Ray Jeffreys, Mbr. MASS RECEIVED & FILED NOV 2L 2017 LUNENBURG TOWN CLERK OFFICE Tel: (978) 582-4147 Fax: (978) 582-4353 960 Massachusetts Avenue Lunenburg, MA 01462 Adam R. Burney Land Use Director Marjorie J. Boggio Administrative Assistant Minutes Public Hearing 234 Summer Street November 13, 2017 Meeting Posted: Yes Time: 6:54 PM Place: Town Hall, 17 Main Street, Lunenburg, MA 01462 Present: Gregory Bittner, Matthew Allison, Kenneth Chenis, David Prokowiew, Michael-Ray Jeffreys, Adam R. Burney The Public Hearing was to hear and discuss a modification to a Site Plan Approval under §250-8.4. of the Code of the Town of Lunenburg, MA to place a fence on the property line at 234 Summer Street (Map 117, Parcel 0031). A Condition of a Zoning Board of Appeals Special Permit issued May 25, 2016 was for the erection of a solid construction fence on the west side of the property. The Planning Board issued a Site Plan Approval June 13, 2016 to replace the existing retail facility with a single family home. The application submitted for that Site Plan Approval included a proposed viny privacy fence. The Applicants, Stanley and Lydia Miller, noted a National Grid letter dated May 5, 2017. The letter stated that National Grid opposed the fence construction as it would be located within a National Grid and Boston Gas Company ten foot (10) easement area. G. Bitter noted that he viewed the Board Hearing from May 23, 2016 and June 13, 2016, in which the Board agreed to allow the Applicant to put the fence on the property line. S. Miller stated that there is one foot (1) between his house and the beginning of the easement (driveway), which is shared with the abutter. K. Chenis recommended amending the Site Plan Approval to remove the fence requirement. A. Burney's understanding was that the easement came off of the building nine feet (9) with one foot (1') between the easement and the property line. The Applicant stated the easement is twenty feet (20') wide, shared equally between the Applicant and immediate abutter. M. Jeffreys noted he would be abstaining from a vote on this Modification as he was not a Board member at the time of the 2016 Site Plan Approval application. ===PAGE 2=== Minutes, Public Hearing 234 Summer Street 11.13.17 Page 2 Attorney Vincent Pusateri, on behalf of Dino Piermarini, 236 Summer Street, noted that this is a dispute between two neighbors that have shared a property line with a common drive for a number of years. He opined that the entire project will now be called into question if the fence, required by the Zoning Board of Appeals, cannot be erected due to the easement. He asked that the Board deny the request for a Modification to the Site Plan Approval. He recommended the Applicant should approach D. Piermarini to see what can be done. Placing the fence directly on the property line would be an imposition to his client. A. Burney did a search on the registry website, which indicated that the easement was recorded in 1994. D. Piermarini's deed was recorded in 1992; no easement was recorded for D. Piermarini's property. The easement is the nine feet (9) on the Applicant's property. It was his opinion that the confusion was around the fact that the driveway is on both properties. G. Bittner suggested the Applicant seek relief from National Grid. A. Burney noted that the Board has various options. 1) Deny the Modification, 2) give the Applicant an opportunity to withdraw without prejudice, approach National Grid, and then return before the Board, 3) withdraw the application and go before the Zoning Board of Appeals for a modification to remove the fence, or 4) allow both parties to work the issue out between themselves. The Board could also continue the Hearing to allow the Applicant time to obtain more information from National Attorney Pusateri noted a June 27, 2017 National Grid letter to D. Piermarini which stated in part that installation of a fence at the ten foot mark would not be an issue. The Applicant stated he would be willing to put the fence on the ten toot 10) mark (the property line). This would also be in agreement with the 2016 Site Plan Approval. A. Burney responded that the 2016 Site Plan Approval also states that the Applicant shall build to the approved plan and the plan shows the fence six inches (6") from the property line. Motion, D. Prokowiew to continue the Hearing to a date certain, Second, M. Jeffreys. The Applicant asked if they could withdraw their application. G. Bittner noted to the Applicant that there was a Motion on the table. D. Prokowiew withdrew his Motion, Seconded, M. Jeffreys. The Applicant again asked if they could withdraw their application. There was Board discussion with some members opining that the fence was supposed to be placed on the property line and others that it was to be placed six inches (6") off the property line. K. Chenis requested that the Board have a follow-up discussion on this Decision strictly to clarify the Board's intent. At Attorney Pusateri's request the Board recessed the Hearing to allow for discussion between the Applicant and D. Piermarini. Motion, M. Jeffreys to recess Hearing, Second, K. Chenis, all aye. Hearing recessed 8:26 PM 9:06 PM - Motion, K. Chenis, to come out of recess, Second, D. Prokowiew, all aye. The agreement reached between the Applicant and D. Piermarini was that the fence will be constructed on the westerly property line, but not over the line and all property markers currently on the property shall be entirely visible from the property of D. Piermarini at 236 Summer Street. The fence will run from the front property line to the grade break towards the property rear as shown on the approved plan. There will be no change in the fence height as originally approved by the Board. The Applicant requested to withdraw without prejudice. Motion, K. Chenis, to accept withdrawal without prejudice, Second, D. Prokowiew, M. Jeffreys, abstain; G. Bittner, aye; M. Allison, aye; K, Chenis, aye; D. Prokowiew, aye. Vote passed with one abstention. Documents used: Application for Modification to Site Plan Approval dt 11.06.17 Minutes/public hearings 2017/234 Summer Street 11.13.17 ======================================================================================== DOCUMENT : 2017-11-13-minutes-3927.txt BOARD : planning-board DATE : 2017-11-13 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2017-11-13-minutes-3927.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_11132017-3927 ======================================================================================== ===OCR macOS Vision=== ===PAGE 1=== TOWN OF LUNENBURG Office of the Planning Board Gregory Bittner, Chair Matthew Allison, Vice-Chair Kenneth Chenis, Clk. David Prokowiew, Mbr. Michael-Ray Jeffreys, Mbr. TUNEMBURG RECEIVED & FILED NOV 2U 2017 LUNENBURG TOWN CLERK OFFICE Tel: (978) 582-4147 Fax: (978) 582-4353 960 Massachusetts Avenue Lunenburg, MA 01462 INCONSORR Adam R. Burney Land Use Director Marjorie J. Boggio Administrative Assistant Minutes Public Hearing Special Town Meeting Warrant Articles November 13,2017 Meeting Posted: Yes Time: 9:55 PM Place: Town Hall, 17 Main Street, Lunenburg, MA 01462 Present: Gregory Bittner, Matthew Allison, Kenneth Chenis, David Prokowiew, Michael-Ray Jeffreys, Adam R. Burney The Hearing opened with the reading of the notice published in the Sentinel and Enterprise on October 30, 2017 and . November 6, 2017. The Hearing was to amend the Protective Bylaw of the Town of Lunenburg by deleting Section 6.7. Stormwater Management-NDES Phase Il Permits and Section 6.8. Discharges to the Municipal Storm Sewer System and Waters of the Commonwealth-DES Phase Il Permits from the Protective Bylaw and moving them to the General Bylaw. Notices were sent to abutting towns, cities, agencies and Town departments. A. Burney noted a verbiage change to the current §204-1.C., which adds "No person may undertake a construction activity 'following the effective date of this Bylaw', including... Article 19. To see if the Town will vote to amend the Protective Bylaw of the Town of Lunenburg by deleting Chapter 250 Section 6.7. Stormwater Management-NDES Phase I Permits and Section 6.8. Discharges to the Municipal Storm Sewer System and Waters of the Commonwealth-NDES Phase I| Permits from the Protective Bylaw and moving them to the General Bylaw. 204-1. A. STORMWATER MANAGEMENT - NPDES PHASE II PERMITS Purpose and intent. (1) Regulation of discharges to the municipal separate storm sewer system (MS4) is necessary for the protection of the Town of Lunenburg's water bodies and groundwater, and to safeguard the public health, safety, welfare and the environment. Increased and contaminated stormwater runoff associated with developed land uses and the accompanying increase in Impervious surface are major causes of impairment of water quality and flow in lakes, ponds, streams, rivers, wetlands, and groundwater which result in the contamination of drinking water supplies; erosion of stream channels; alteration or destruction of aquatic and wildlife habitat; and flooding. This bylaw establishes minimum stormwater management standards for the final conditions that result from development and redevelopment projects to minimize adverse impacts off-site and downstream which would be borne by abutters, townspeople and the general public. (2) This regulation requires local review and approval of a stormwater management plan for all development and redevelopment projects that disturb one acre or more. In addition to these regulations, the owner and/or developer is also obligated to meet the requirements of the Federal Environmental Protectlon Agency's (EPA) regulations for stormwater management. B. The objectives of this bylaw are: ===PAGE 2=== Minutes Public Hearing, STM Warrant Articles 11.13.17 Page 2 (1) (2) (3) (4) 15) (6) (7) C. (1) (2) (3) (4) (5) (6) D. (1) (2) (a) (b) (c) (a) (3) (4) (5) (6) (a) (b) (c) 17) To require practices to control the flow of stormwater from new and redeveloped sites to the Town's storm drainage system in order to prevent flooding and erosion; To protect groundwater and surface water from degradation; To promote groundwater recharge; To prevent pollutants from entering the Town's municipal separate storm sewer system (MS4) and to minimize discharge of pollutants from the MS4; To ensure adequate long-term operation and maintenance of structural stormwater best management practices so that they work as designed; To comply with state and federal statutes and regulations relating to stormwater discharges; and To establish Lunenburg's legal authority to ensure compliance with the provisions of this bylaw through inspection, monitoring, and enforcement. Applicability. No person may undertake a construction activity following the effective date of this Bylaw, including clearing, grading and excavation that results in a land disturbance that will disturb equal to or greater than one acre of land or will disturb less than one acre of land but part of a larger common plan of development or sale that will ultimately disturb equal to or greater than one acre of land draining to the Town of Lunenburg's municipal separate storm sewer system, without a permit from the special permit granting authority. Construction activity does not include routine maintenance that is performed to maintain the original line and grade, hydraulic capacity or the original purpose of the site. Construction activities that are exempt are: Normal maintenance and improvement of land in agricultural use as defined by the Wetlands Protection Act regulation, 310 CMR 10.04; Maintenance of existing landscaping, gardens or lawn areas associated with a single-family dwelling; The construction of fencing that will not substantially alter existing terrain or drainage patterns; Construction of utilities other than drainage (gas, water, electric, telephone, etc.) which will not alter terrain or drainage patterns; Work activities of municipal, state or federal agencies or their agents outside of the Phase I! boundaries as shown on the latest U.S. Environmental Protection Agency's National Pollutant Discharge Elimination System (NPDES) Phase Il maps. As authorized in the Phase II Small MS4 General Permit for Massachusetts, stormwater discharges resulting from the activities identified in Subsection C(1) that are wholly subject to jurisdiction under the Wetlands Protection Act and demonstrate compliance with the Massachusetts Stormwater Management Policy as reflected in an order of conditions issued by the Conservation Commission are exempt from compliance with this bylaw. Permits and procedures. The special permit granting authority (SPGA) under this bylaw shall be the Lunenburg Planning Board. Such special permit shall be granted if the SPGA determines, in conjunction with the Conservation Commission, Department of Public Works, Board of Health and Building Commissioner, that the intent of this bylaw, as well as specific criteria, are met. The SPA shall not grant a speclal permit under this section unless the petitioner's application materials include, in the SPA's opinion, sufficiently detailed, definite, and credible information to support positive findings in relation to the standards given in this section. The SPA shall document the basis for any departures from the recommendations of the other Town boards or departments in its decision. The site owner or his agent shall file with the SPGA 10 copies of a completed application package for a stormwater management permit (SMP). Permit Issuance is required prior to any site-altering activity. While the applicant can be a representative, the permittee must be the owner of the site. The SMP application package shall include: A completed application form with original signatures of all owners; Ten copies of the stormwater management plan and project description as specified in Subsection E(1); Ten copies of the operation and maintenance plan as requred by Subsection F of this bylaw; Payment of the application and review fees. Entry. Filing and application for a permit grants the SPA, or its agent, permission to enter the site to verify the information in the application and to inspect for compliance with the resulting permit. Other boards. The SPGA shall give one copy of the application package to the designated technical revlewers, which include the Conservation Commission, Department of Public Works, and Bullding Commissioner, for the purpose of reviewing the permit application. The SPA may also engage the services of a peer review engineer at its discretion. Fee structure. The SPGA shall obtain with each submission an application fee established by the SPGA. The SPA is authorized to retain a registered professional engineer or other professional consultant to advise the SPA on any or all aspects of these plans. Applicants must pay review fees before the review process may begin. Actions. The SPA's action, rendered in writing, shall consist of either: Approval of the stormwater management permit application based upon determination that the proposed plan meets the standards in Subsection E(2) and will adequately protect the water resources of the community and is in compllance with the requirements set forth Approval of the stormwater management permit application subject to any conditions, modifications or restrictions required by the SPGA which will ensure that the project meets the standards in Subsection E(2) and adequately protects water resources, as set forth in Disapproval of the stormwater management permit application based upon a determination that the proposed plan, as submitted, does not meet the standards in Subsection E(2) or adequately protect water resources, as set forth in this bylaw. Project completion. At completion of the project, the permittee shall submit as-built record drawings of all structural stormwater controls and treatment best management practices required for the site. The as-built drawing shall show deviations from the approved plans, if any, and be certified by a registered professional engineer. ===PAGE 3=== Minutes Public Hearing, STM Warrant Articles 11.13.17 Page 3 E. (1) (a) (b) (c) (d) (e) (f) (g) (h) (i) () (k) (m) [1] (2] 14] 15] 16] (n) (o) (p) (a) (2) (a) (b) (c) (d) 11) (2) (e) (g) (h) (1) (3) Contents of stormwater management plan. Application. The stormwater management plan shall contain sufficient information for the SPA to evaluate the environmental impact, effectiveness, and acceptability of the measures proposed by the applicant for reducing adverse impacts from stormwater. The plan shall be designed to meet the Massachusetts stormwater management standards as set forth in Subsection E(2) below and the current edition of the Department of Environmental Protection guidelines and policies. The plan shall be designed to also meet the policy standards of the SPGA. The stormwater management plan shall fully describe the project in drawings, and narrative. It shall include: Locus map; The existing zoning, and land use at the site; The proposed land use; The location(s) of existing and proposed easements; The location of existing and proposed utilities; The site's existing and proposed topography, with contours at two-foot intervals; The existing site hydrology; A description and delineation of existing stormwater conveyances, impoundments, and wetlands on or adjacent to the site or into which stormwater flows; A delineation of one-hundred-year floodplains, if applicable; Estimated high groundwater elevation in areas to be used for stormwater retention, detention, or infiltration; The existing and proposed vegetation and ground surfaces, with runoff coefficient for each; A drainage area map showing pre- and post-construction watershed boundaries, drainage area and stormwater flow paths; A description and drawings of all components of the proposed drainage system, including: Locations, cross sections, and profiles of all brooks, streams, drainage swales and their method of stabilization; All measures for the detention, retention, or infiltration of water; All measures for the protection of water quality; le structural details for all components of the proposed drainage systems and stormwater management facilitie ates on drawings specifving materials to be used, construction specifications, and typicals; an Expected hydrology, with supporting calculations; Proposed improvements, including location of buildings or other structures, impervious surfaces, and drainage facilities, If applicable; Timing, schedules, and sequence of development, including clearing, stripping, rough grading, construction, final grading, and vegetative stabilization; A maintenance schedule for the period of construction; and Any other information requested by the SPGA. Standards. Projects shall meet the standards of the Massachusetts Stormwater Management Policy, which are as follows: No new stormwater conveyances (e.g., outfalls) may discharge untreated stormwater directly to or cause erosion in wetlands or water of the commonwealth. Stormwater management systems must be designed so that post-development peak discharges rates do not exceed pre-development peak discharge rates. oss of annual recharge to groundwater should be minimized through the use of infiltration measures to the maximum exter racticable. The annual recharge from the post-development site should approximate the annual recharge rate from the pre development or existing site conditions, based on soil types. -or new development, stormwater management systems must be designed to remove 80% of the average annual load (post- development conditions) of total suspended solids (TSS). It Is presumed that this standard is met when: Suitable nonstructural practices for source control and pollution prevention are implemented; Stormwater management best management practices (BMPs) are sized to capture the prescribed runoff volume; and Stormwater management BMPs are maintained as designed. Stormwater discharges from areas with higher potential pollutant loads require the use of specific stormwater management BMPs. The use of infiltration practices without pretreatment is prohibited. Stormwater discharges to critical areas must utilize certain stormwater management BMPs approved for critical areas (see MA DEP's Stormwater Management Volume I: Stormwater Policy Handbook). Critical areas are outstanding resource waters (ORWs), cold-water fisheries, and recharge areas for public water supplies. Redevelopment of previously developed sites must meet the stormwater management standards to the maximum extent practicable. However, If it is not practicable to meet all the standards, new (retrofitted or expanded stormwater management systems must be designed to improve existing conditions. Erosion and sediment controls must be implemented to prevent impacts during disturbance and construction activities. All stormwater management systems must have an operation and maintenance plan to ensure that systems function as designed. When one or more of the standards cannot be met, an applicant may demonstrate that an equivalent level of environmental protection will be provided. Project changes. The permittee, or its agent, shall notify the SPAin writing of any change or alteration of a land-disturbing activity authorized in a stormwater management permit before any change or alteration occurs. If the SPGA determines that the change or alteration is significant, based on the design standards listed in Subsectlon E(2) and accepted construction practices, the SPGA may require that an amended stormwater management permit application be filed and a public hearing held. If any change or deviation from the stormwater management permit occurs during a project, the SPGA may require the installation of interim measures before approving the change. ===PAGE 4=== Minutes Public Hearing, STM Warrant Articles 11.13.17 Page 4 F. (1) (2) (a) (4) (5) (a) 11] 12] (3] (b) (c) (d) (7) (a) G. H. (1) (a) (b) (c) (2) (a) (b) (c) (d) (e) (1) (a) (b) (c) (2) Operation and maintenance plans. An operation and maintenance plan (O&M plan) is required at the time of application for all projects. The maintenance plan shail be designed to ensure compliance with the permit, this bylaw and that the Massachusetts Surface Water Quality Standards, 314 CMR 4.00 are met in all seasons and throughout the life of the system. The operation and maintenance pian shall remain on file with the SPGA and shall be an ongoing requirement. The 0&M plan shall include: The names) of the owners) for all components of the system. Maintenance agreements that specify: The names and addresses of the person(s) responsible for operation and maintenance. The person(s) responsible for financing maintenance and emergency repairs. Maintenance schedule for all drainage structures, including swales and ponds. List of easements, with the purpose and location of each. The signature(s) of the owners). Stormwater management easements). Stormwater management easements shall be provided by the property owner(s) as necessary for: Access for facility inspections and maintenance. Preservation of stormwater runoff conveyance, infiltration, and detention areas and facilities, including flood routes for the one- hundred-year storm event. Direct maintenance access by heavy equipment to structures requiring regular cleanout. The purpose of each easement shall be specified in the maintenance agreement signed by the property owner. Stormwater management easements are required for all areas used for off-site stormwater control, unless a walver is granted by the SPGA. Easements shall be recorded with the Worcester County Registry of Deeds prior to issuance of a certificate of completion by the SPGA. Changes to operation and maintenance plans. The owner(s) of the stormwater management system must notify the SPGA of changes in ownership or assignment of financial responsibility. The maintenance schedule in the maintenance agreement may be amended to achieve the purposes of this bylaw by mutual agreement of the SPA and the responsible parties. Amendments must be in writing and signed by all responsible parties, Responsible parties shall include the owner(s), persons with financial responsibility, and persons with operational responsibility. Surety. The SPGA may require the permittee to post, before the start of land disturbance or construction activity, a surety bond, cash, or other acceptable security. The form of the bond shall be approved by Town Counsel, and be in an amount deemed sufficient by the SPGA to ensure that the work will be completed in accordance with the permit. If the project Is phased, the SPA may release part of the bond as each phase is completed in compliance with the permit, but the bond may not be fully released until the SPA has received the final Inspection report as required by Subsection H and issued a certificate of completion. Inspections. At the discretion of the SPA, periodic inspections of the stormwater management system construction may be conducted by the Town via the Planning Board, Conservation Commission, DPW or a professlonal engineer approved by the SPGA. Written reports shall include: Inspection date and location. Evaluation of compliance with the stormwater permit. Any variations from approved specifications or any violations of the stormwater management plan. At a minimum, the SPGA or its designee may inspect the project site at the following stages: Initial site inspection: prior to approval of any plan. Erosion control inspection: to ensure erosion control practices are in accord with the filed plan. Bury inspection: prior to backfilling of any underground drainage stormwater conveyance structures. Final inspection. After the stormwater management system has been constructed and before the surety has been released, the applicant must submit a record plan detailing the actual stormwater management system as installed. The SPA or its agent may inspect the system to confirm its "as-built" features. This inspector may also evaluate the effectiveness of the system in an actual storm. If the inspector finds the system to be adequate he shall so report to the SPA, which will issue a certificate of completion. As-built plans shall be full-size plans that include all final grades, prepared by a professional engineer. All changes to project design should be clearly depicted on the as-built plans. If the system is found to be inadequate by virtue of physical evidence of operational failure, even though it was built as called for in the stormwater management plan, it shall be corrected by the permittee before the performance guarantee is released. If the permittee fails to act, the Town of Lunenburg may use the surety bond to complete the work. If the system does not comply with the plan, the permittee shall be notified in writing of the violation and the required corrective actions. A stop-work order shall be issued until any violations are corrected and all work previously completed has received approval by the SPGA. Waivers. The SPGA may waive strict compilance with any requirement of this bylaw or the rules and regulations promulgated hereunder, where such action: Is allowed by federal, state and local statutes and/or regulations; Is In the public interest; and Is not inconsistent with the purpose and intent of this bylaw. Any applicant may submit a written request to be granted such a waiver. Such a request shall be accompanied by an explanation or documentation supporting the waiver request and demonstrating that strict application of the bylaws does not further the purposes or objectives of this bylaw. ===PAGE 5=== Minutes Public Hearing, STM Warrant Articles 11.13.17 Page 5 (3) (4) All waiver requests shall be discussed and voted on at the public hearing for the project. If, in the SPA's opinion, additional time or information is required for review of a waiver request, the SPA may continue the hearing to a date certain announced at the meeting. In the event the applicant objects to a continuance, or fails to provide requested information, the waiver request shall be denied. Certificate of completion, The SPA will issue a letter certifying completion upon receipt and approval of the final inspection reports and/or upon otherwise determining that all work of the permit has been satisfactorily completed in conformance with this bylaw. K. (1) Enforcement. Enforcement agents. The Bullding Commissioner, in conjunction with the Planning Board, Conservation Commission and DPW Director, shall enforce this bylaw, regulations, orders, violation notices, and enforcement orders, and may pursue all civil and criminal remedies for such violations. Civil relief. If a person violates the provisions of this bylaw, regulations, a permit, notice, or order issued thereunder, the Planning Board, through the Building Commissioner, may seek injunctive rellef in a court of competent jurisdiction restraining the person from activities which would create further violations or compelling the person to perform abatement or remediation of the violation. M. (1) Orders. The Planning Board, in conjunction with the Conservation Commission and DPW Director, may issue a written order to the Building Commissioner to enforce the provisions of this bylaw or the regulations thereunder, which may include: (a) b) (c) (d) (2) Elimination of illicit connections or discharges to the MS4; Performance of monitoring, analyses, and reporting; That unlawful discharges, practices, or operations shall cease and desist; Remediation of contamination in connection therewith. If the Building Commissioner, In conjunction with the Planning Board, Conservation Commission and DPW Director, determines that abatement or remediation of contamination is required, the order shall set forth a deadline by which such abatement or remediation must be completed. Said order shall further advise that, should the violator or property owner fail to abate or perform remediation within the specified deadline, the Town may, at its option, undertake such work, and expenses thereof shall be charged to the violator. (3) Within 30 days after completing all measures necessary to abate the violation or to perform remediation, the violator and the property owner will be notified of the cost Incurred by the Town, including administrative costs. The violator or property owner may flle a written protest objecting to the amount or basis of costs with the Planning Board within 30 days of receipt of the notification of the cost incurred. If the amount due Is not received by the expiration of the time in which to file a protest or within 30 days following a decision of the Planning Board affirming or reducing the costs, or from a final decision of a court of competent jurisdiction, the costs shall become a special assessment agalnst the property owner and shall constitute a lien on the owner's property for the amount of said costs. interest shall begin to accrue on any unpaid costs at the statutory rate provided in MGL c. 59, § 57 after the 31st day at which the costs first become due. N. (1) Noncriminal disposition; right of entry. As an alternative to criminal prosecution or civil action, the Planning Board may elect, through the Building Commissioner, to utilize the noncriminal disposition procedure set forth in MGL c. 40, § 21D, and Chapter 1, Article I, of the General Bylaws of the Town, in which case the Planning Board, its authorized agents and the Building Commissioner of the Town shall be the enforcing person. The penalty for the first violation shall be $25. The penalty for the second violation shall be $50. The penalty for the third violation shail be $100 and $200 for the fourth and each subsequent violation. Each day or part thereof that such violation occurs or continues shall constitute a separate offense. (2) Entry to perform duties under this bylaw. To the extent permitted by state law, or if authorized by the owner or other party in control of the property, the Planning Board, Its agents, and employees may enter upon privately owned property for the purpose of performing their duties under this bylaw and regulations and may make or cause to be made such examination surveys or sampling as the Planning Board deems reasonably necessary. O. Appeals. The decisions or orders of the Planning Board, in conjunction with the Conservation Commission and DPW, shall be final. Further relief shall be to a court of competent jurisdiction. P. Remedies not exclusive. The remedies listed in this bylaw are not exclusive of any other remedies available under any applicable federal, state or local law. Severability. The invalidity of any section, provision, paragraph, sentence, or clause of these regulations shall not invalidate any section, provision, paragraph, sentence, or clause thereof, nor shall it invalidate any permit or determination that previously has been issued. 204-2 Discharges to municipal storm sewer system and waters of commonwealth; NPDES Phase Il permits. A. (1) Purpose. Increased and contaminated stormwater runoff is a major cause of impairment of water quality and flow in lakes, ponds, streams, rivers, wetlands and groundwater; contamination of drinking water supplies; alteration or destruction of aquatic and wildlife habitat; flooding. (2) Regulation of illicit connections and discharges to the municipal storm sewer system is necessary for the protection of the Town's water bodies and groundwater, and to safeguard the public health, safety, welfare and the environment. (3) (a) (b) (c) (d) (e) The objectives of this bylaw are: To prevent pollutants from entering the Town's municipal separate storm sewer system (MS4); To prohibit illicit connections and unauthorized discharges to the MS4; To require the removal of all such illicit connections; To comply with state and federal statutes and regulations relating to stormwater discharges; and To establish the legal authority to ensure compliance with the provislons of this bylaw through inspection, monitoring, and enforcement. ===PAGE 6=== Minutes Public Hearing, STM Warrant Articles 11.13.17 Page 6 B. Definitions. For the purposes of this bylaw, the following shall mean: AUTHORIZED ENFORCEMENT AGENCY The Planning Board (hereafter the "Board"), its employees or agents designated to administer/enforce this bylaw. BEST MANAGEMENT PRACTICE (BMP) An activity, procedure, restraint, or structural improvement that helps to reduce the quantity or improve the quality of stormwater runoff. CLEAN WATER ACT The Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.) as hereafter amended. DISCHARGE OF POLLUTANTS The addition from any source of any pollutant or combination of pollutants into the municipal storm sewer system or into the waters of the United States or commonwealth from any source. GROUNDWATER Water beneath the surface of the ground. ILLICIT CONNECTION A surface or subsurface sewer or conveyance, which allows an illicit discharge into the municipal storm sewer system, including without limitation sewage, process wastewater, or wash water and any connections from indoor drains, sinks, or toilets, regardless of whether said connection was previously allowed, permitted, or approved before the effective date of this bylaw. ELICIT DISCHARGE Direct or indirect discharge to the municipal storm sewer system that is not composed entirely of stormwater, except as exempted in Subsection H. The term does not Include a discharge in compliance with an NPDES stormwater discharge permit or a surface water discharge permit, or resulting from fire-fighting activities exempted pursuant to Subsection H of this bylaw, IMPERVIOUS SURFACE Any material or structure on or above the ground that prevents water infiitrating the underlying soil. Impervious surface includes without limitation roads, paved parking lots, sidewalks, and rooftops. MUNICIPAL SEPARATE STORM DRAIN SYSTEM (MS4) or MUNICIPAL STORM SEWER SYSTEM The system of conveyances designed or used for collecting or conveying stormwater, including any road with a drainage system, street, gutter, curb, inlet, piped storm drain, pumping facility, retention or detention basin, natural or man-made or altered drainage channel, reservoir, and other drainage structure that together comprise the storm drainage system owned or operated by the Town of NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORMWATER DISCHARGE PERMIT A permit issued by United States Environmental Protection Agency or Jointly with the state that authorizes the discharge of pollutants to waters of the United States. NON-STORMWATER DISCHARGE Discharge to the municipal storm sewer system not composed entirely of stormwater. PERSON An individual, partnership, association, firm, company, trust, corporation, agency, authority, department or political subdivision of the commonwealth or the federal government, to the extent permitted by law, and any officer, employee, or agent of such person. POLLUTANT Any element or property of sewage, agricultural, industrial or commercial waste, runoff, leachate, heated effluent, or other matter, whether originating at a point or nonpoint source, that is or may be introduced into any sewage treatment works or waters of the commonwealth. Pollutants may include but are not limited to: (1) (2) (3) (4) Paints, varnishes, and solvents; Oil and other automotive fluids; Nonhazardous liquid and solid wastes and yard wastes; Refuse, rubbish, garbage, litter, or other discarded or abandoned objects, ordnances, accumulations and floatables; Pesticides, herbicides, and fertilizers; Hazardous materials and wastes; sewage, fecal coliform and pathogens; Dissolved and particulate metals; Animal wastes; (9) (10) (11) Rock, sand, salt, soils; Construction wastes and residues; Noxious or offensive matter of any kind. PROCESS WASTEWATER Water which, during manufacturing or processing, comes into direct contact with or results from the production or use of any material, intermediate product, finished product, or waste product. RECHARGE The process by which groundwater is replenished by precipitation through the percolation of runoff and surface water through the soil. STORMWATER Stormwater runoff, snow melt runoff, and surface water runoff and drainage. SURFACE WATER DISCHARGE PERMIT A permit issued by the Department of Environmental Protection (DEP) pursuant to 314 CMR 3.00 that authorizes the discharge of pollutants to waters of the Commonwealth of Massachusetts. ===PAGE 7=== Minutes Public Hearing, STM Warrant Articles 11.13.17 Page 7 TOXIC OR HAZARDOUS MATERIAL OR WASTE Any material which, because of its quantity, concentration, chemical, corrosive, flammable, reactive, toxic, infectious or radioactive characteristics, either separately or in combination with any substance or substances, constitutes a present or potential threat to human health, safety, welfare, or to the environment. Toxic or hazardous materials include any synthetic organic chemical, petroleum product, heavy metal, radioactive or infectious waste, acid and alkali, and any substance defined as toxic or hazardous under MGL c. 21C and c. 21E, and the regulations at 310 CMR 30,000 and 310 CMR 40,0000. Any sanitary waste, sludge, or septic tank or cesspool overflow, and water that during manufacturing, cleaning or processing, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, byproduct or waste product. WATERCOURSE A natural or man-made channel through which water flows or a stream of water, including a river, brook or underground stream. WATERS OF THE COMMONWEALTH All waters within the jurisdiction of the commonwealth, including, without limitation, rivers, streams, lakes, ponds, springs, impoundments, estuaries, wetlands, and groundwater. C. D. Applicability. This bylaw shall apply to flows entering the municipally owned storm sewerage system and waters of the commonwealth. Authority. This bylaw is adopted pursuant to the regulations of the Federal Clean Water Act found at 40 CFR 122.34 and the Phase I! ruling from the Environmental Protection Agency found in the December 8, 1999 Federal Register. E. Responsibility for administration. The Planning Board, in conjunction with the Conservation Commission, Department of Public Works Director and Building Commissioner, shall administer, implement and enforce this bylaw. Any powers granted to or dutles Imposed upon the above may be delegated in writing by the above to employees or agents of the above. F. G. (1) (2) (3) H. (1) 12) (a) (b) (c) (d) (e) (f) (g) (h) (1) (k) () (m) (n) 10) (3) Prohibited activities. Illicit discharges. No person shall dump, discharge, cause or allow to be discharged any pollutant or non-stormwater discharge into the municipal separate storm sewer system (MS4), into a watercourse, or into the waters of the commonwealth. Illicit connectlons. No person shail construct, use, allow, maintain or continue any illicit connection to the municipal storm sewer system, regardless of whether the connection was permissible under applicable law, regulation or custom at the time of connection. Obstruction of municipal storm sewer system. No person shall obstruct or interfere with the normal flow of stormwater into or out of the municipal storm sewer system without prior written approval from the Planning Board. Exemptions: Discharge or flow resulting from fire-fighting activities. The following non-stormwater discharges or flows are exempt from the prohibition of non-stormwaters, provided that the source is not a significant contributor of a pollutant to the municipal storm sewer system: Water line flushing; Flow from potable water sources; Springs; Natural flow from riparian habitats and wetlands; Diverted stream flow; Rising groundwater; Uncontaminated groundwater infiltration as defined in 40 CFR 35.2005(201, or uncontaminated pumped groundwater; Water from exterior foundation drains, footing drains (not including active groundwater dewatering systems), crawl space pumps, or air conditioning condensation; Discharge from landscape irrigation or lawn watering; Water from individual residential car washing; Discharge from dechlorinated swimming pool water (less than one ppm chlorine), provided the water is allowed to stand for one week prior to draining and the pool is drained in such a way as not to cause a nuisance; Discharge from street sweeping; Dye testing, provided verbal notification is given to the Planning Board prior to the time of the test; Non-stormwater discharge permitted under an NDES permit or a surface water discharge permit, walver, or waste discharge order administered under the authority of the United States Environmental Protection Agency or the Department of Environmental Protection, provided that the discharge is in full compliance with the requirements of the permit, waiver, or order and applicable laws and regulations; Discharge for which advanced written approval is received from the Planning Board as necessary to protect public health, safety, welfare or the environment. Discharge or flow that results from exigent conditions and occurs during a state of emergency declared by any agency of the federal or state government, or by the Town of Lunenburg Town Manager, the Planning Board or the Board of Health. Emergency suspension of storm sewerage system access. The Planning Board may suspend municipal storm sewer system access to any person or property without prior written notice when such suspension is necessary to stop an actual or threatened discharge of pollutants that presents imminent risk of harm to the public health, safety, welfare or the environment. in the event any person fails to comply with an emergency suspension order, the authorized enforcement agency may take all reasonable steps to prevent or minimize harm to the public health, safety, welfare or the environment. ===PAGE 8=== Minutes Public Hearing, STM Warrant Articles 11.13.17 Page 8 J. K. (1) (2) [3] (4) (5) (6) (7) (8) L. M. Notification of spills. Notwithstanding other requirements of local, state or federal law, as soon as a person responsible for a facility or operation, or responsible for emergency response for a facility or operation has information of or suspects a release of materials at that facility or operation resulting in or which may result in discharge of poilutants to the municipal drainage system or waters of the commonwealth, the person shall take all necessary steps to ensure containment and cleanup of the release. In the event of a release of oil or hazardous materials, the person shall immediately notify the municipal fire and police departments and the Planning Board and the Lunenburg Board of Health. In the event of a release of nonhazardous material, the reporting person shall notify the Planning Board no later than the next business day. The reporting person shall provide to the Planning Board written confirmation of all telephone, facsimile or in-person notifications within three business days thereafter. If the discharge of prohibited materials is from a commercial or industrial facility, the facility owner or operator of the fallity shall retain on-site a written record of the discharge and the actions taken to prevent its recurrence. Such records shali be retained for at least three years. Enforcement. The Building Commissioner, in conjunction with the Planning Board, Conservation Commission and DPW Director, shall enforce this bylaw, regulations, orders, violation notices, and enforcement orders, and may pursue all civil and criminal remedies for such violations. Civil relief. If a person violates the provisions of this bylaw, regulations, permit, notice, or order Issued thereunder, the Planning Board, through the Building Commissioner, may seek injunctive relief in a court of competent jurisdiction restraining the person from activities which would create further violations or compelling the person to perform abatement or remediation of the violation. Orders. The Planning Board, in conjunction with the Conservation Commission and DPW DIrector, may issue a written order to the Building Commissioner to enforce the provisions of this bylaw or the regulations thereunder, which may include: Elimination of illicit connections or discharges to the MS4; Performance of monitoring, analyses, and reporting; That unlawful discharges, practices, or operations shall cease and desist; and Remediation of contamination in connection therewith. If the Building Commissioner, in conjunction with Planning Board, Conservation Commission and DPW Director, determines that abatement or remedlation of contamination is required, the order shall set forth a deadline by which such abatement or remediation must be completed. Said order shall further advise that, should the violator or property owner fail to abate or perform remediation within the specified deadline, the Town may, at its option, undertake such work, and expenses thereof shall be charged to the violator. Costs. Within 30 days after completing all measures necessary to abate the violation or to perform remediation, the violator and the property owner will be notifled of the costs incurred by the Town, including administrative costs. The violator or property owner may file a written protest objecting to the amount or basis of costs with the Planning Board within 30 days of receipt of the notification of the costs incurred. If the amount due is not received by the expiration of the time in which to file a protest or within 30 days following a decision of the Planning Board affirming or reducing the costs, or from a final decision of a court of competent jurisdiction, the costs shall become a special assessment against the property owner and shall constitute a lien on the owner's property for the amount of said costs. interest shall begin to accrue on any unpaid costs at the statutory rate provided in MG c. 59, § 57 after the 31st day at which the costs first become due. Noncriminal disposition. As an alternative to criminal prosecution or civil action, the Planning Board may elect, through the Building Commissioner, to utilize the noncriminal disposition procedure set forth in MGL c. 40, § 21D, in which case the Building Commissioner of the Town shall be the enforcing person. The penalty for the first violation shall be $25. The penalty for the second violation shall be $50. The penalty for the third violation shall be $100. The penalty for the fourth violation and subsequent violations shall be $200. Each day or part thereof that such violation occurs or continues shall constitute a separate offense. Entry to perform duties. Under this bylaw, to the extent permitted by state law, or if authorized by the owner or other party in control of the property, the Planning Board, its agents, and employees may enter upon privately owned property for the purpose of performing their duties under this bylaw and regulations and may make or cause to be made such examinations, surveys or sampling as the Planning Board deems reasonably necessary. Appeals. The decisions or orders of the Planning Board, Conservation Commission and DPW shall be final. Further relief shall be to a court of competent jurisdiction. Remedies not exclusive. The remedies listed in this bylaw are not exclusive of any other remedies available under any applicable federal, state or local law. everability. The provisions of this bylaw are hereby declared to be severable. If any provision, paragraph, sentence, or clause of tr plaw or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect th other provisions or application of this bylaw. Transitional provisions. Residential property owners shall have 180 days from the effective date of the bylaw to comply with its provisions or petition the Planning Board for an extension, provided good cause is shown for the failure to comply with the bylaw during the specified period. All other property owners shall have 180 days from the effective date of the bylaw to comply with its provisions or petition the Planning Board for an extension, provided good cause is shown for the failure to comply with the bylaw during the specified period. Motion, D. Prokowiew to close the Public Hearing, Second, K. Chenis, all aye. Hearing closed 10:04 PM. Documents used: § 250- 6.7. and § 250-6.8. Minutes/public hearings 2017/STM Warrant Articles 11.13.17 ======================================================================================== DOCUMENT : 2017-11-13-minutes-3955.txt BOARD : planning-board DATE : 2017-11-13 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2017-11-13-minutes-3955.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_11132017-3955 ======================================================================================== ===OCR macOS Vision=== ===PAGE 1=== TOWN OF LUNENBURG Office of the Planning Board RECEIVED & FILED NOV 2L 2017 LUNENBURG TOTY Tel: (978) 584 FRIE Gregory Bittner, Chair Matthew Allison, Vice-Chair Kenneth Chenis, Clk. David Prokowiew, Mbr. Michael-Ray Jeffreys, Mbr. 218 INCORPORATED Adam R. Burney Land Use Director Marjorie J. Boggio Administrative Assistant Minutes Public Hearing (cont'd) Asian Imperial, 5 & 9 Electric Avenue November 13, 2017 Meeting Posted: Yes Time: 8:27 PM Place: Town Hall, 17 Main Street, Lunenburg, MA 01462 Present: Gregory Bittner, Matthew Allison, Kenneth Chenis, David Prokowiew, Michael-Ray Jeffreys, Adam R. Burney The Public Hearing, continued from 10.23.17, was to hear and discuss an application for Site Plan Approval under §250-8.4, of the Code of the Town of Lunenburg, MA for construction of a parking lot at 9 Electric Avenue (Map 074, Parcel 0009) and a building addition at Asian Imperial Restaurant, 5 Electric Avenue (Map 074, Parcel 0008). The Applicant, K & E Realty Trust, Min Xu - Trustee, was represented by Rob Oliva, David E. Ross Associates, 6 Lancaster County Road, Harvard, MA. R. Oliva noted his submittal of revised plans, cover letter detailing the plan revisions, turning movements and seating chart. The Applicant has chosen to delete Phase 3, which was the building addition. Parking calculations have been revised for Phases 1 and 2 based on the seating chart. Under the current seating, 36 parking spaces are required. The revised plans will provide a total of 58 spaces. Six trees will be provided under $6.4.3.9.a. (Code $250- 6.4.C.(5)(0[1]), Large planters will be placed along the egress to Massachusetts Avenue to discourage vehicular parking. Three parking spaces will be provided at the front of the building for take-out customers. The Applicant will be filing with the Conservation Commission. The submitted sealing chart shows 132 seats; under Site Plan Approval the Applicant is hoping to revisit seating capacity. She is currently approved for 116 and would like to bring it up to 132 seats. Per Graves Engineering, Inc. (GEl) review letter dated 11.13.17, the curb radii at the entrance to the new parking area will be increased from five (5) to ten (10) feet. Phases | and 2 will M. Jeffreys suggested a stop sign be placed at the upper lot on the Electric Avenue side for individuals exiting the lot. G. Bittner inquired when the existing spotlight would be removed - as soon as the parking lot lights are on. He was also concerned with sight lines in the event of any snow being plowed into the State right-of-way. There was Board inquiry as to how changes could be made to the 2011 Board Decision. A. Burney recommended that if Board members felt they had all the information needed, this Hearing could be closed. The Board could then deliberate at the next Board meeting as to what they wanted to incorporate from the 2011 Decision into this new Decision. Motion, K. Chenis, to close the Public Hearing, Second, D. Prokowiew, discussion- M. Allison opined that if the Hearing closed, the Board would not be able to entertain seating capacity per the Fire Department as part of its Decision. A. Burney responded that he could provide guidance to the Board that would not be considered testimony. All aye. Hearing closed 9:06 PM Documents used: Revised Site Plan Approval dtd 11.06.17 Vehicle Turning Movement Sketches Seating Chart Minutes/public hearings 2017/Asian imperial. Electric Avenue. 11.13.17 ======================================================================================== DOCUMENT : 2017-11-27-agenda-3921.txt BOARD : planning-board DATE : 2017-11-27 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2017-11-27-agenda-3921.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_11272017-3921 ======================================================================================== ===PAGE 1=== ======================================================================================== DOCUMENT : 2017-11-27-agenda-3928.txt BOARD : planning-board DATE : 2017-11-27 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2017-11-27-agenda-3928.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_11272017-3928 ======================================================================================== ===PAGE 1=== ======================================================================================== DOCUMENT : 2017-11-27-minutes-3921.txt BOARD : planning-board DATE : 2017-11-27 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2017-11-27-minutes-3921.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_11272017-3921 ======================================================================================== ===OCR macOS Vision=== ===PAGE 1=== Michael-Kay detreys, Mbr. 18 INCORPORA Adam R. Burney Land Use Director Marjorie J. Boggio Administrative Assistant Minutes November 27, 2017 Meeting Posted: Yes Place: Town Hall, 17 Main Street, Lunenburg, MA Time: 6:30 PM Present: Matthew Allison, Kenneth Chenis, David Prokowiew, Michael-Ray Jeffreys, Adam R. Burney Absent: Gregory Bittner PUBLIC HEARING: 1 Main Street- see separate minutes. 1. Jeffreys, Motion to approve the Special Permit, Second, D. Prokowiew. A. Burney inquired as to Conditions. Mi. leffreys, Motion amended to approve the Special Permit with plans as presented, Second Amended, D. Prokowien Discussion- K. Chenis inquired if a construction timeline can be placed in the Conditions, noting the length of time that was involved in the building of the patio at Bad Larry's in The Village. Adam responded that a timeline could be put in place stating from the commencement of construction, the project be completed within thirty (30) days. M. Jeffreys, Motion Amended, that from the time construction begins to construction completion, a period of no more than 30 days elapse, Second Amended, D. Prokowiew, all aye. MINUTES APPROVAL: All minutes accepted. 11/13/17 11/13/17, 234 Summer Street 11/13/17, 5 & 9 Electric Avenue 11/13/17, STM Warrant Article COMMITTEE REPORTS: Capital Planning Committee-no report School Building Committee- no report Green Community Task Force (GCTF)- no report Stormwater Task Force- no meeting Agricultural Commission. Commission had end-of-season discussion. Market went well for the season. The Massachusetts Association of Agricultural Commissions (MAAC) is looking for a site for 150+ persons for its February 2018 annual meeting. The AgComm will look into the possibility of hosting. MJTC- next meeting in December MRPC- next meeting in December- Open Space Ad Hoc Committee- no meeting Charter Review Committee. Committee reviewing Articles 1 and 2 of the Charter. Will also be highlighting Articles 3 and 4 at its next meeting. ===PAGE 2=== vote was required - no. All aye. 994 Northfield Road, Settlers Solar- Endorse Decision-Decision previously endorsed and recorded with the Town Clerk. Discussion of Constructive Approval Request- Item placed on Agenda if needed. The Board skipped over this Agenda item as this is reserved for an executive session based on the current situation. 5 & 9 Electric Avenue, Asian Imperial- Set Conditions- The Board deliberated for the Public Hearing that was closed on 11.13.17 for Site Plan Approval. The Board wanted to review the 2011 Decision to determine if they wanted to modify that Decision or put new Conditions in place. M. Allison noted that the majority of the concerns were from the absent Board member. It was M. Jeffrey's suggestion to maintain the 2011 Directives in the new Decision. A. Burney noted that except for snow removal (#6), #1 - #13 were specific to the project approved at that time and don't apply to the current project. Per process, an as built will be required for close out of the project. K. Chenis, Motion to approve the 5 & 9 Electric Avenue Asian Imperial plan and supersede the 2011 Decision with the following, remove Conditions #1 through #12; leave Conditions #13 through #15, and add the following Conditions: Abide by approvals of all other Town boards and commissions, striping of all lots, including handicapped spots, add handicap signage to existing lot, fire lanes to be installed and striped as required by the Fire Chief, the spotlight at the south side of the building will be removed no later than the completion of Phase 2, all new lighting will be dark sky compliant, construction hours will be between 7 and 4, Monday through Friday, and after January 1st they will include 8 to 12 on Saturdays, no construction on Sundays and holidays, Second, D. Prokowiew, all aye. Definitions and Use Table- A. Burney covered the six overlay districts; Route 2A, Floodplain, Water Supply Protection, Lake Whatom, Tri Town, and Summer Street Revitalization. Minor edits will be made to Water Supply Protection Overlay District. Board consensus was that the Route 2A Overlay District should be eliminated. Lake Whalom Overlay District- Board opinions varied. K. Chenis recommended eliminating, M. Jeffreys wanted additional time to think about it, D. Prokowiew thought it could be redone for walkability, amenities, etc. A. Burney suggested eliminating the District, and then create a new Section. D. Prokowiew was in agreement with that suggestion. Tri Town Overlay District- leave as it. Summer Street Revitalization Overlay - Discussion needed. Floodplain Overlay District - recommended not changing. M. Allison suggested the creation of an economic development overlay. A. Burney suggested once changes are voted by town meeting and incorporated into the Bylaw, then the Board could begin having public discussions and possibly alter the zoning map based on new uses. ===PAGE 3=== the Summer Street Overlay. December 12- Economic Development w/Select Board, 6:00 PM December 19 - MRPC presentation January 8 January 22 ONGOING ITEMS: Charter Review- Will be a discussion item at the December 11t Board meeting. Economic Development- Workshop on December 12% with the Board of Selectmen and presentation by MRPC on December 19th. Complete Streets- remove from agenda §250-4.15. Solar Energy Systems- Place on January 8'n agenda. BOARD COMMENT/CONCERNS: M. Jeffreys, as a new Board member, expressed his appreciation for the support of the Board Chair and all Board members. Code §250-4.16. Registered Marijuana Dispensaries- Tabled to December 11#7 Student Initiative- no report A. Burney recommended January 22nd as a review date instead of December 11th in order for the Board to cover the other items discussed above. ADJOURNMENT: 8:22 PM Documents used at meeting: Minutes- 11/13/17 11/13/17, 234 Summer Street 11/13/17,5 & 9 Electric Avenue 11/13/17, STM Warrant Article 5 & 9 Electric Avenue, 2011 Decision Definitions and Use Table, DRAFT Minutes/2017/11.27.17 ===PAGE 4=== Adam R. Burney Land Use Director Marjorie J. Boggio Administrative Assistant Minutes Public Hearing 1 Main Street November 27, 2017 Time: 6:35 PM Place: Town Hall, 17 Main Street, Lunenburg, MA 01462 Present: Matthew Allison, Kenneth Chenis, David Prokowiew, Michael-Ray Jeffreys, Adam R. Burney Absent: Gregory Bittner The Public Hearing was to hear and discuss an application for Special Permit under §250-4.17.H(3) of the Code of the Town of Lunenburg, MA to install a 34 square foot freestanding sign at 1 Main Street (Map 071, Parcel 0095). Application presented by applicant/owner Philip Arcidiacono, Lunenburg Village Realty Inc., Box 681, Concord, MA. The freestanding sign has been requested by a number of the tenants of The Village as their businesses are not easily seen from the street. The sign will be nine (9) feet from the edge of right-of-way and will be non-illuminated. There will be script at the top that identifies "The Village" with spaces below for individual tenant signs. Both the bank and the post office are also part of The Village, but each already has an individual free-standing sign. This sign will be for the tenants in the "upper" portion of The Village. The sign will be perpendicular to Massachusetts Avenue and far enough away from the parking area as to not interfere with snow plowing. Each tenant will have a block on the sign and will be responsible for the content and customization. M. Jeffreys inquired if this would be considered a Contributing Property under the Architectural Preservation District Commission (APDC) as the APDC regulations become effective December 1, 2017. A. Burney needs to check, but believes this is a separate structure. A. Burney M. Jeffreys, Motion, to grant all requested waivers, Second, D. Prokowiew, all aye. D. Prokowiew, Motion to close Public Hearing, Second, K. Chenis, all aye. Hearing closed 6:48 PM Documents used: Application for Special Permit Minutes/public hearings 2017/1 Main Street. 11.27.17 ======================================================================================== DOCUMENT : 2017-11-27-minutes-3928.txt BOARD : planning-board DATE : 2017-11-27 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2017-11-27-minutes-3928.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_11272017-3928 ======================================================================================== ===OCR macOS Vision=== ===PAGE 1=== Michael-Kay detreys, Mbr. 18 INCORPORA Adam R. Burney Land Use Director Marjorie J. Boggio Administrative Assistant Minutes November 27, 2017 Meeting Posted: Yes Place: Town Hall, 17 Main Street, Lunenburg, MA Time: 6:30 PM Present: Matthew Allison, Kenneth Chenis, David Prokowiew, Michael-Ray Jeffreys, Adam R. Burney Absent: Gregory Bittner PUBLIC HEARING: 1 Main Street- see separate minutes. 1. Jeffreys, Motion to approve the Special Permit, Second, D. Prokowiew. A. Burney inquired as to Conditions. Mi. leffreys, Motion amended to approve the Special Permit with plans as presented, Second Amended, D. Prokowien Discussion- K. Chenis inquired if a construction timeline can be placed in the Conditions, noting the length of time that was involved in the building of the patio at Bad Larry's in The Village. Adam responded that a timeline could be put in place stating from the commencement of construction, the project be completed within thirty (30) days. M. Jeffreys, Motion Amended, that from the time construction begins to construction completion, a period of no more than 30 days elapse, Second Amended, D. Prokowiew, all aye. MINUTES APPROVAL: All minutes accepted. 11/13/17 11/13/17, 234 Summer Street 11/13/17, 5 & 9 Electric Avenue 11/13/17, STM Warrant Article COMMITTEE REPORTS: Capital Planning Committee-no report School Building Committee- no report Green Community Task Force (GCTF)- no report Stormwater Task Force- no meeting Agricultural Commission. Commission had end-of-season discussion. Market went well for the season. The Massachusetts Association of Agricultural Commissions (MAAC) is looking for a site for 150+ persons for its February 2018 annual meeting. The AgComm will look into the possibility of hosting. MJTC- next meeting in December MRPC- next meeting in December- Open Space Ad Hoc Committee- no meeting Charter Review Committee. Committee reviewing Articles 1 and 2 of the Charter. Will also be highlighting Articles 3 and 4 at its next meeting. ===PAGE 2=== vote was required - no. All aye. 994 Northfield Road, Settlers Solar- Endorse Decision-Decision previously endorsed and recorded with the Town Clerk. Discussion of Constructive Approval Request- Item placed on Agenda if needed. The Board skipped over this Agenda item as this is reserved for an executive session based on the current situation. 5 & 9 Electric Avenue, Asian Imperial- Set Conditions- The Board deliberated for the Public Hearing that was closed on 11.13.17 for Site Plan Approval. The Board wanted to review the 2011 Decision to determine if they wanted to modify that Decision or put new Conditions in place. M. Allison noted that the majority of the concerns were from the absent Board member. It was M. Jeffrey's suggestion to maintain the 2011 Directives in the new Decision. A. Burney noted that except for snow removal (#6), #1 - #13 were specific to the project approved at that time and don't apply to the current project. Per process, an as built will be required for close out of the project. K. Chenis, Motion to approve the 5 & 9 Electric Avenue Asian Imperial plan and supersede the 2011 Decision with the following, remove Conditions #1 through #12; leave Conditions #13 through #15, and add the following Conditions: Abide by approvals of all other Town boards and commissions, striping of all lots, including handicapped spots, add handicap signage to existing lot, fire lanes to be installed and striped as required by the Fire Chief, the spotlight at the south side of the building will be removed no later than the completion of Phase 2, all new lighting will be dark sky compliant, construction hours will be between 7 and 4, Monday through Friday, and after January 1st they will include 8 to 12 on Saturdays, no construction on Sundays and holidays, Second, D. Prokowiew, all aye. Definitions and Use Table- A. Burney covered the six overlay districts; Route 2A, Floodplain, Water Supply Protection, Lake Whatom, Tri Town, and Summer Street Revitalization. Minor edits will be made to Water Supply Protection Overlay District. Board consensus was that the Route 2A Overlay District should be eliminated. Lake Whalom Overlay District- Board opinions varied. K. Chenis recommended eliminating, M. Jeffreys wanted additional time to think about it, D. Prokowiew thought it could be redone for walkability, amenities, etc. A. Burney suggested eliminating the District, and then create a new Section. D. Prokowiew was in agreement with that suggestion. Tri Town Overlay District- leave as it. Summer Street Revitalization Overlay - Discussion needed. Floodplain Overlay District - recommended not changing. M. Allison suggested the creation of an economic development overlay. A. Burney suggested once changes are voted by town meeting and incorporated into the Bylaw, then the Board could begin having public discussions and possibly alter the zoning map based on new uses. ===PAGE 3=== the Summer Street Overlay. December 12- Economic Development w/Select Board, 6:00 PM December 19 - MRPC presentation January 8 January 22 ONGOING ITEMS: Charter Review- Will be a discussion item at the December 11t Board meeting. Economic Development- Workshop on December 12% with the Board of Selectmen and presentation by MRPC on December 19th. Complete Streets- remove from agenda §250-4.15. Solar Energy Systems- Place on January 8'n agenda. BOARD COMMENT/CONCERNS: M. Jeffreys, as a new Board member, expressed his appreciation for the support of the Board Chair and all Board members. Code §250-4.16. Registered Marijuana Dispensaries- Tabled to December 11#7 Student Initiative- no report A. Burney recommended January 22nd as a review date instead of December 11th in order for the Board to cover the other items discussed above. ADJOURNMENT: 8:22 PM Documents used at meeting: Minutes- 11/13/17 11/13/17, 234 Summer Street 11/13/17,5 & 9 Electric Avenue 11/13/17, STM Warrant Article 5 & 9 Electric Avenue, 2011 Decision Definitions and Use Table, DRAFT Minutes/2017/11.27.17 ===PAGE 4=== Adam R. Burney Land Use Director Marjorie J. Boggio Administrative Assistant Minutes Public Hearing 1 Main Street November 27, 2017 Time: 6:35 PM Place: Town Hall, 17 Main Street, Lunenburg, MA 01462 Present: Matthew Allison, Kenneth Chenis, David Prokowiew, Michael-Ray Jeffreys, Adam R. Burney Absent: Gregory Bittner The Public Hearing was to hear and discuss an application for Special Permit under §250-4.17.H(3) of the Code of the Town of Lunenburg, MA to install a 34 square foot freestanding sign at 1 Main Street (Map 071, Parcel 0095). Application presented by applicant/owner Philip Arcidiacono, Lunenburg Village Realty Inc., Box 681, Concord, MA. The freestanding sign has been requested by a number of the tenants of The Village as their businesses are not easily seen from the street. The sign will be nine (9) feet from the edge of right-of-way and will be non-illuminated. There will be script at the top that identifies "The Village" with spaces below for individual tenant signs. Both the bank and the post office are also part of The Village, but each already has an individual free-standing sign. This sign will be for the tenants in the "upper" portion of The Village. The sign will be perpendicular to Massachusetts Avenue and far enough away from the parking area as to not interfere with snow plowing. Each tenant will have a block on the sign and will be responsible for the content and customization. M. Jeffreys inquired if this would be considered a Contributing Property under the Architectural Preservation District Commission (APDC) as the APDC regulations become effective December 1, 2017. A. Burney needs to check, but believes this is a separate structure. A. Burney M. Jeffreys, Motion, to grant all requested waivers, Second, D. Prokowiew, all aye. D. Prokowiew, Motion to close Public Hearing, Second, K. Chenis, all aye. Hearing closed 6:48 PM Documents used: Application for Special Permit Minutes/public hearings 2017/1 Main Street. 11.27.17 ======================================================================================== DOCUMENT : 2017-11-28-agenda-3922.txt BOARD : planning-board DATE : 2017-11-28 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2017-11-28-agenda-3922.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_11282017-3922 ======================================================================================== ===PAGE 1=== ======================================================================================== DOCUMENT : 2017-12-04-agenda-3923.txt BOARD : planning-board DATE : 2017-12-04 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2017-12-04-agenda-3923.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_12042017-3923 ======================================================================================== ===PAGE 1=== ======================================================================================== DOCUMENT : 2017-12-04-minutes-3923.txt BOARD : planning-board DATE : 2017-12-04 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2017-12-04-minutes-3923.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_12042017-3923 ======================================================================================== ===OCR macOS Vision=== ===PAGE 1=== Michael-Ray Jeffreys, Mbr. Adam R. Burney Land Use Director Marjorie J. Boggio Administrative Assistant Minutes December 4, 2017 Meeting Posted: Yes Place: Town Hall, 17. Main Street, Lunenburg, MA Time: 7:00 PM Present: Gregory Bittner, Matthew Allison, Kenneth Chenis, David Prokowiew, Michael-Ray Jeffreys, Adam R. Burney Planning Board Chair G. Bitter requested a Motion to enter Executive Session pursuant to M.G.L. C.30A, 921, to discuss strategy with respect to potential and demonstrably likely litigation, namely an appeal of a "Notice of Constructive Approval of Special Permit with Development Plan Review" received from Settler's Solar, LLC, for the development of a large-scale, ground-mounted photovoltaic installation at 994 Northfield Road, where an open meeting may have a detrimental effect on the litigating position of the Town, to return to Regular Session after exiting Executive Session. M. Allison made the Motion, Seconded by D. Prokowiew, Roll Call Vote: K. Chenis, aye; D. Prokowiew, aye; M. Jeffreys, aye; M. Allison, aye; G. Bittner, aye. 8:21 PM - K. Chenis made Motion to exit Executive Session and return to Regular Session, seconded by D. Prokowiew, K. Chenis, aye; D. Prokowiew, aye; M. Jeffreys, aye; M. Allison, aye; G. Bittner, aye. G. Bittner informed the Board that for personal reasons, he needs to step back from his Board appointments to the Capital Planning Committee, School Building Committee, and the Green Community Task Force. Reorganization will take place at the December 11 Board meeting. A. Burney requested G. Bittner provide a letter of resignation from those positions. commended G. Bittner for his professionalism and his availability to Board members. Adjourned 8:27 PM Minutes/2017/12.04.17 ======================================================================================== DOCUMENT : 2017-12-11-agenda-3924.txt BOARD : planning-board DATE : 2017-12-11 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2017-12-11-agenda-3924.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_12112017-3924 ======================================================================================== ===PAGE 1=== ======================================================================================== DOCUMENT : 2017-12-11-minutes-3924.txt BOARD : planning-board DATE : 2017-12-11 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2017-12-11-minutes-3924.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_12112017-3924 ======================================================================================== ===OCR macOS Vision=== ===PAGE 1=== Michael-Kay Jettreys, Mbr. ED 8 INCORPOR Adam R. Burney Land Use Director Marjorie J. Boggio Administrative Assistant Minutes December 11, 2017 Meeting Posted: Yes Place: Town Hall, 17 Main Street, Lunenburg, MA Time: 6:30 PM Present: Kenneth Chenis, David Prokowiew, Michael-Ray Jeffreys, Adam R. Burney Absent: Gregory Bittner, Matthew Allison PUBLIC COMMENT: None APPOINTMENTS: 400 Electric Avenue, Request for De-Minimis Change The request is in response to the free-standing sign relocation for Whalom Wash, 380 Electric Avenue. When the Applicants came before the Board in June 2017, their desired location for the sign was within the required setback; therefore, they went before the Zoning Board of Appeals (ZBA) for a special permit. The sign has now been installed at the approved location of the ZBA special permit. The Applicant is requesting a change to the Planning Board's Site Plan Approval dated June 26, 2017. D. Prokowiew made a motion to accept the De Minimis change, seconded by M. Jeffreys, all aye. 40 Summer Street, Pre-Submittal Meeting- Applicants Aaron Cosgrove and Carlos Bismark Terrero were present. K. Chenis asked if they were requesting approval for twenty (20) vehicles or for fifty (50) as the November 8, 2017 ZBA Certificate of Granting a Special Permit notes both. The ZBA motion was for twenty (20) vehicles, but fifty (50) is noted parenthetically. The Applicants responded that their request is to abide by the last special permit which was for fifty (50) vehicles. Tonight is a pre-submittal meeting before the Board to discuss design, Board expectations for upgrades, etc. K. Chenis opined that the site seems small for fifty (50) vehicles and asked A. Burney if the zoning bylaw provides any guidance in a parking plan for a used car dealership. A. Burney noted that vehicle storage is generally towards the rear of lots, but there is no guidance in the zoning bylaw. As the Board does not yet have clarification on the ZBA Decision, M. Jeffreys asked the Applicants if their plans would change if they were limited to twenty (20) vehicles. A. Cosgrove said it would somewhat; twenty (20) works for retail, but not for wholesale. Fifty (50) provided for maximum flexibility. The Applicants will lease the property from the owners. M. Jeffreys noted that eight (8) columns in five (5) rows is a tight fit for the site. A. Cosgrove responded that this schematic is showing the maximum; maximum number of vehicles on site will be fifty (50), employee or otherwise. The Applicants plan to lease the site in an "as is" condition. It is partially paved; customer parking will be on gravel and used cars on pavement. At a future point they hope to install LED lighting and full paving. The lot will be closed off after hours. Currently the lot entrance is wide open, but A. Burney noted that once construction begins on Summer Street under the TIP (Transportation Improvement Program), a driveway will be formalized. Various options were discussed, i.e., requiring the Applicants to provide an engineered plan of the proposal, and the Board approve in phases or, waive site plan approval if the Applicants are using the lot in an "as is" condition and continuing the use in a similar way. K. Chenis went on to note that if they do any improvements, they would have to apply for site plan approval. The Applicants will be placed on the January 8, 2018 Board agenda for request to waive and for A. Burney to get clarification from the ZBA as to whether or not the Applicants were approved for twenty (20) or fifty (50) vehicles. Stone Farm Estates, Closeout & Bond Release- A. Burney gave a brief history noting that the project began almost ten (10) years ago. It is a private development, but the seated Planning Board at that time, took a cash surety similar to what would be required for a subdivision. He went on to note that Stone Farm is owned and managed by an association; the Town will never own Riley Road or any of the drainage structure. The ownership of Stone Farm has been turned over to the trustees and now Stone Farm LLC wishes to close out its bond with the Town. The remaining amount of the bond is $700,000₺. ===PAGE 2=== John Scribner, Stone Farm LLC, offered his responses to GEl's review letter (on file in the Planning Office) dated December 4, 2017. 1. 2. 3. 4. Retaining walls were constructed prior to Stone Farm LLC's ownership. Proposed revisions to the stormwater basin were addressed with the Conservation Commission. He will reach out to the Fire Department regarding the installation of reflectorized markers. The top course of asphalt was not placed on the sidewalk from the parking area at the mailboxes to the end of the boulevard entrance. J. Scribner noted that the sidewalk was installed prior to Stone Farm LLC's ownership and he does not feel it needs to be addressed. 5. Manholes constructed prior to Stone Farm LLC's ownership. A. Burney noted that the invert channels on the plan show clay brick, but Stone Farm LLC will mitigate by putting in concrete channels, which is appropriate for drainage. 6. The asphalt in front of #1 Riley Road will be made flush with the drain manhole frame. The asphalt in front of #55 Riley Road will be made flush with the drain manhole frame. 8. 9. Stone Farm LLC will request comments from the Fire Department. Protruding bolts at the back of the guard rail along the east side of Riley Road will be cut. 10. Signs noted on Sheets 5 and 8 of the plans will be installed as required. J. Scribner would like to have the surety reduced as many of the above items will not be done during the winter season. A. Burney recommended the Town retain $60,000 to cover finishing up items. M. Jeffreys opined that more should be held back to provide Stone Farm LLC with incentive to complete outstanding items. K. Chenis responded that Stone Farm LLC has already transferred ownership to the association without mitigation of any of the above items and this is a privately owned development. D. Prokowiew would like the opinion of GEI regarding #4 above. J.Scribner agreed to mitigate. A. Burney will get a financial figure from GEl for the remaining work and also follow-up with the Fire Department for any concerns with outstanding items. Stone Farm LLC will be placed on the January 8, 2018 Board agenda for discussion of bond reduction. MINUTES APPROVAL: Board members will come by the office to read the Executive Minutes of 12/04/17 to approve at January 8, 2018 meeting. All other minutes accepted. 11/27/17, 1 Main Street 12/04/17, Executive 12/04/17 BOARD REORGANIZATION: Nominations were taken for the Capital Planning Committee, School Building Committee and Green Community Task Force due to G. Bittner's resignation from those positions. D. Prokowiew made a motion to nominate M. Allison as the Board's representative to the Capital Planning Committee, seconded by M. Jeffreys all de a motion to nominate K. Chenis as the Board's representative to the School Building Commite, seconded by D. COMMITTEE REPORTS: Capital Planning Committee- no report School Building Committee. no report Green Community Task Force (GCTF)- no report Stormwater Task Force - no report MITC. l Commission- no report Open Space Ad Hoc Committee- no report Charter Review Committee- Meeting 12/13/17. Will be going through Article 4 of the Charter. ===PAGE 3=== to get a warrant article on for May town meeting, they need to work on this and wrap it up. D. Prokowiew noted he needs to review the latest draft. M. Jeffreys recommended a possible January 29, 2018 workshop specifically to work on Definitions and Use Table, along with any additional workshops if necessary. A. Burney noted to make a spring warrant, this needs to be substantially done by early February. His proposal to the Board was to stop making changes, finalize language up to page 50 of the draft, and make changes to the Registered Marijuana Dispensaries bylaw. He believes this is achievable by February. December 12- Economic Development Workshop w/Select Board & Sewer Commission, 6:30 PM Stone Farm LLC Focus on Definitions and Use Table January 22 January 29 - Potential workshop on Definitions and Use Table PUBLIC COMMENT: None ONGOING ITEMS: Economic Development- Joint meeting to be held 12/12/17 with the Board of Selectmen and Sewer Commission. BOARD COMMENT/CONCERNS: Student Initiative- M. Jeffreys reached out to the school department. He wants to expand on its student internship program for student commissions, and committees that have no staff to help them. Once he has more information, he wants to put together a presentation series for students on how town government works. Code §250-4.16. Registered Marijuana Dispensaries- M. Jeffreys is proposing to protect the farmers by keeping language that allows for cultivation on land that is used for agricultural uses, but restrict the cultivation to buildings. He also proposes changing D.(2) and F.(2) of the current bylaw Section 4.16. to allow by special permit instead of by right in residential zoning and increasing the current setback from 200 feet ADJOURNMENT: 8:00 PM Documents used at meeting: 400 Electric Avenue- Request for Diminimus Change 40 Summer Street- Pre-Submittal Letter Stone Farm Estates, Riley Road- Request for Bond Release Minutes- 11/27/17 11/27/17, 1 Main Street 12/04/17, Executive 12/04/17 Definitions and Use Table, DRAFT District Local Technical Assistance, Request for Service Delivery Minutes/2017/12.11.17 ======================================================================================== DOCUMENT : 2017-12-12-agenda-3925.txt BOARD : planning-board DATE : 2017-12-12 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2017-12-12-agenda-3925.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_12122017-3925 ======================================================================================== ===PAGE 1===