# planning-board — 69 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 : 2018-01-08-agenda-3978.txt BOARD : planning-board DATE : 2018-01-08 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2018-01-08-agenda-3978.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_01082018-3978 ======================================================================================== ===PAGE 1=== TOWN OF LUNENBURG Office of the Planning Board Gregory Bittner, Chair Tel: (978) 582-4147 ext 5 Matthew Allison, Vice Chair Fax: (978) 582-4353 Kenneth Chenis, Clk. 960 Massachusetts Avenue David Prokowiew, Mbr. Lunenburg, MA 01462 Michael-Ray Jeffreys, Mbr. Adam R. Burney Land Use Director Marjorie J. Boggio Administrative Assistant NOTICE OF MEETING Monday, January 8, 2018 – 6:30 PM Town Hall, 17 Main Street, Lunenburg, MA In accordance with the requirements of the Open Meeting Law, please be advised that this meeting is being recorded and broadcast over Lunenburg Public Access. AGENDA 1. ROLL CALL 2. PUBLIC COMMENT 3. APPOINTMENTS: 40 Summer Street- Pre-Submittal Meeting Stone Farm Estates, Riley Road- Closeout & Bond Release 4. Lake Whalom Overlay District- Board Discussion 5. APPOINTMENT: 274 Prospect Street- Pre-Submittal Meeting 6. MINUTES APPROVAL: 12/04/17, Executive 12/11/17 7. COMMITTEE REPORTS: Capital Planning Committee, Storm Water Task Force, Agricultural Commission, School Building Committee, MJTC, MRPC, Open Space Ad Hoc Committee, Charter Review Committee, Green Community Task Force 8. DIRECTOR’S ITEMS: Lot 5, Prospect Street & Cross Road- Chapter 61B District Local Technical Assistance (DLTA) Definitions and Use Table Recreational Marijuana Regulations 9. NOTICES & COMMUNICATIONS 10. MEETING SCHEDULE: All Board meetings are held at Town Hall, 6:30 PM, unless otherwise indicated January 22 January 29 – Tentative Workshop February 12 February 26 11. PUBLIC COMMENT 12. ONGOING ITEMS: Economic Development §250- 4.16. Registered Marijuana Dispensaries §250- 4.15. Solar Energy Systems 13. BOARD COMMENT/CONCERNS Student Initiative 14. ADJOURNMENT ======================================================================================== DOCUMENT : 2018-01-08-minutes-3978.txt BOARD : planning-board DATE : 2018-01-08 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2018-01-08-minutes-3978.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_01082018-3978 ======================================================================================== ===PAGE 1=== ===PAGE 2=== ===PAGE 3=== ======================================================================================== DOCUMENT : 2018-01-22-agenda-3979.txt BOARD : planning-board DATE : 2018-01-22 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2018-01-22-agenda-3979.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_01222018-3979 ======================================================================================== ===PAGE 1=== TOWN OF LUNENBURG Office of the Planning Board Gregory Bittner, Chair Tel: (978) 582-4147 ext 5 Matthew Allison, Vice Chair Fax: (978) 582-4353 Kenneth Chenis, Clk. 960 Massachusetts Avenue David Prokowiew, Mbr. Lunenburg, MA 01462 Michael-Ray Jeffreys, Mbr. Adam R. Burney Land Use Director Marjorie J. Boggio Administrative Assistant NOTICE OF MEETING Monday, January 22, 2018 – 6:30 PM Town Hall, 17 Main Street, Lunenburg, MA In accordance with the requirements of the Open Meeting Law, please be advised that this meeting is being recorded and broadcast over Lunenburg Public Access. AGENDA 1. ROLL CALL 2. PUBLIC COMMENT 3. APPOINTMENTS: Unitil, 357 Electric Avenue- Request for De-Minimis Change Request of Discharge of Covenants for Two Approved Definitive Subdivisions 4. BOARD DISCUSSIONS: §250- 6.5. Sign Bylaw Lake Whalom Overlay District 5. MINUTES APPROVAL: 01.08.18 6. COMMITTEE REPORTS: Capital Planning Committee, Storm Water Task Force, Agricultural Commission, School Building Committee, MJTC, MRPC, Open Space Ad Hoc Committee, Charter Review Committee, Green Community Task Force 7. DIRECTOR’S ITEMS: Definitions and Use Table 8. NOTICES & COMMUNICATIONS 9. MEETING SCHEDULE: All Board meetings are held at Town Hall, 6:30 PM, unless otherwise indicated January 29 – Workshop- Definitions and Use Table February 12 February 26 10. PUBLIC COMMENT 11. ONGOING ITEMS: Economic Development §250- 4.16. Registered Marijuana Dispensaries §250- 4.15. Solar Energy Systems Recreational Marijuana Regulations 12. BOARD COMMENT/CONCERNS Student Initiative 13. ADJOURNMENT ======================================================================================== DOCUMENT : 2018-01-22-minutes-3979.txt BOARD : planning-board DATE : 2018-01-22 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2018-01-22-minutes-3979.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_01222018-3979 ======================================================================================== ===PAGE 1=== ===PAGE 2=== ===PAGE 3=== ======================================================================================== DOCUMENT : 2018-01-29-agenda-3980.txt BOARD : planning-board DATE : 2018-01-29 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2018-01-29-agenda-3980.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_01292018-3980 ======================================================================================== ===PAGE 1=== TOWN OF LUNENBURG Office of the Planning Board Gregory Bittner, Chair Tel: (978) 582-4147 ext 5 Matthew Allison, Vice Chair Fax: (978) 582-4353 Kenneth Chenis, Clk. 960 Massachusetts Avenue David Prokowiew, Mbr. Lunenburg, MA 01462 Michael-Ray Jeffreys, Mbr. Adam R. Burney Land Use Director Marjorie J. Boggio Administrative Assistant NOTICE OF MEETING Monday, January 29, 2018 – 6:30 PM Town Hall, 17 Main Street, Lunenburg, MA In accordance with the requirements of the Open Meeting Law, please be advised that this meeting is being recorded and broadcast over Lunenburg Public Access. WORKSHOP AGENDA REVISED ROLL CALL VOTE TO ENTER EXECUTIVE SESSION EXECUTIVE SESSION: Pursuant to G.L. c. 30A, §21, to discuss strategy with respect to litigation with 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. EXIT EXECUTIVE SESSION DEFINITIONS AND USE TABLE ADJOURNMENT ======================================================================================== DOCUMENT : 2018-02-12-agenda-3981.txt BOARD : planning-board DATE : 2018-02-12 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2018-02-12-agenda-3981.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_02122018-3981 ======================================================================================== ===PAGE 1=== TOWN OF LUNENBURG Office of the Planning Board Gregory Bittner, Chair Tel: (978) 582-4147 ext 5 Matthew Allison, Vice Chair Fax: (978) 582-4353 Kenneth Chenis, Clk. 960 Massachusetts Avenue David Prokowiew, Mbr. Lunenburg, MA 01462 Michael-Ray Jeffreys, Mbr. Adam R. Burney Land Use Director Marjorie J. Boggio Administrative Assistant NOTICE OF MEETING Monday, February 12, 2018 – 6:30 PM Town Hall, 17 Main Street, Lunenburg, MA In accordance with the requirements of the Open Meeting Law, please be advised that this meeting is being recorded and broadcast over Lunenburg Public Access. AGENDA 1. ROLL CALL 2. PUBLIC COMMENT 3. ANR PLAN: 994 Northfield Rd & 994 Northfield Rd Rear 4. PUBLIC HEARING: 40 Pioneer Drive, Ecological Fibers 5. MINUTES APPROVAL: 1/22/18, 1/29/18, Exec 1/29/18 6. COMMITTEE REPORTS: Capital Planning Committee, Storm Water Task Force, Agricultural Commission, MJTC, MRPC, Open Space Ad Hoc Committee, Charter Review Committee, Green Community Task Force 7. DIRECTOR’S ITEMS: Covenant Release- Blueberry Hill Subdivision Definitions and Use Table 8. NOTICES & COMMUNICATIONS Citizens Party Caucus, 3/12/18, 7:00 PM, Turkey Hill Elementary School 9. MEETING SCHEDULE: Board Discussion All Board meetings are held at Town Hall, 6:30 PM, unless otherwise indicated February 26- Hearing, Blueberry Hill Subdivision March 12- Board meeting and Citizen Caucus March 26 10. PUBLIC COMMENT 11. ONGOING ITEMS: §250- 4.15. Solar Energy Systems §250- 4.16. Registered Marijuana Dispensaries §250- 6.5. Sign Bylaw Lake Whalom Overlay District Economic Development Recreational Marijuana Regulations 12. BOARD COMMENT/CONCERNS Student Initiative 13. ADJOURNMENT ======================================================================================== DOCUMENT : 2018-02-12-minutes-3981.txt BOARD : planning-board DATE : 2018-02-12 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2018-02-12-minutes-3981.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_02122018-3981 ======================================================================================== ===PAGE 1=== ===PAGE 2=== ======================================================================================== DOCUMENT : 2018-02-26-agenda-3983.txt BOARD : planning-board DATE : 2018-02-26 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2018-02-26-agenda-3983.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_02262018-3983 ======================================================================================== ===PAGE 1=== ======================================================================================== DOCUMENT : 2018-02-26-agenda-3984.txt BOARD : planning-board DATE : 2018-02-26 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2018-02-26-agenda-3984.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_02262018-3984 ======================================================================================== ===PAGE 1=== TOWN OF LUNENBURG Office of the Planning Board Gregory Bittner, Chair Tel: (978) 582-4147 ext 5 Matthew Allison, Vice Chair Fax: (978) 582-4353 Kenneth Chenis, Clk. 960 Massachusetts Avenue David Prokowiew, Mbr. Lunenburg, MA 01462 Michael-Ray Jeffreys, Mbr. Land Use Director Adam R. Burney Marjorie J. Boggio Administrative Assistant Town of Lunenburg Public Hearing The Lunenburg Planning Board will hold a Public Hearing on February 26, 2018, 6:35PM, Joseph Bilotta Meeting Room, Town Hall, 17 Main Street, Lunenburg, MA to discuss a rescission of Blueberry Hill Definitive Subdivision , 961 Northfield Road (Map 037, Parcel 0009), under M.G.L. Ch. 41, Section 81 -W. Owners/applicants are David & John Saliba, 15 Maxwell Drive, Derry, NH . Materials are available for viewing at the Planning Office, 960 Massachusetts Avenue, Lunenburg, MA 01462. blueberry/02.12.18 legal ======================================================================================== DOCUMENT : 2018-02-26-minutes-3983.txt BOARD : planning-board DATE : 2018-02-26 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2018-02-26-minutes-3983.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_02262018-3983 ======================================================================================== ===PAGE 1=== ===PAGE 2=== ===PAGE 3=== ======================================================================================== DOCUMENT : 2018-03-19-agenda-3985.txt BOARD : planning-board DATE : 2018-03-19 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2018-03-19-agenda-3985.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_03192018-3985 ======================================================================================== ===PAGE 1=== ======================================================================================== DOCUMENT : 2018-03-19-minutes-3985.txt BOARD : planning-board DATE : 2018-03-19 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2018-03-19-minutes-3985.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_03192018-3985 ======================================================================================== ===PAGE 1=== ===PAGE 2=== ======================================================================================== DOCUMENT : 2018-03-26-agenda-3960.txt BOARD : planning-board DATE : 2018-03-26 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2018-03-26-agenda-3960.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_03262018-3960 ======================================================================================== ===PAGE 1=== ======================================================================================== DOCUMENT : 2018-03-26-agenda-3987.txt BOARD : planning-board DATE : 2018-03-26 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2018-03-26-agenda-3987.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_03262018-3987 ======================================================================================== ===PAGE 1=== TOWN OF LUNENBURG Office of the Planning Board Gregory Bittner, Chair Tel: (978) 582-4147 ext 5 Matthew Allison, Vice Chair Fax: (978) 582-4353 Kenneth Chenis, Clk. 960 Massachusetts Avenue David Prokowiew, Mbr. Lunenburg, MA 01462 Michael-Ray Jeffreys, Mbr. Adam R. Burney Land Use Director Marjorie J. Boggio Administrative Assistant NOTICE OF MEETING Monday, March 26, 2018 – 6:30 PM Town Hall, 17 Main Street, Lunenburg, MA In accordance with the requirements of the Open Meeting Law, please be advised that this meeting is being recorded and broadcast over Lunenburg Public Access. REVISED AGENDA 1. ROLL CALL 2. EXECUTIVE SESSION Pursuant to G.L. c. 30A, § 21, to discuss strategy with respect to litigation, namely Town of Lunenburg v. Settlers Solar, et al. , Worcester Superior Court Docket No. 1785CV01959 -D, and Settlers Solar, LLC, et al. v. Town of Lunenburg, et al. , Land Court Docket No. 17 MISC 000690 (HPS), where an open meeting may have a detrimental effect on the litigating position of the Town.” 3. PUBLIC COMMENT 4. PUBLIC HEARINGS: 9 Chase Road, AT&T (cont’d from 3/19) 654 & 658 Massachusetts Avenue Planning Board Warrant Articles 5. MINUTES APPROVAL: 3/19/18 3/19/18 Executive Session 3/19/18 Public Hearing 6. COMMITTEE REPORTS: Capital Planning Committee, Storm Water Task Force, Agricultural Commission, MJTC, MRPC, Open Space Ad Hoc Committee, Charter Review Committee, Green Community Task Force 7. DIRECTOR’S ITEMS: §250- 4.15. Solar Energy Systems Recreational Marijuana Regulations 8. NOTICES & COMMUNICATIONS 9. MEETING SCHEDULE: All Board meetings are held at Town Hall, 6:30 PM, unless otherwise indicated April 9 April 23 10. PUBLIC COMMENT 11. ONGOING ITEMS: §250- 6.5. Sign Bylaw Economic Development 12. BOARD COMMENT/CONCERNS Student Initiative 13. ADJOURNMENT ======================================================================================== DOCUMENT : 2018-03-26-agenda-3990.txt BOARD : planning-board DATE : 2018-03-26 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2018-03-26-agenda-3990.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_03262018-3990 ======================================================================================== ===PAGE 1=== Planning Board Meeting- Executive Session1. ======================================================================================== DOCUMENT : 2018-03-26-minutes-3960.txt BOARD : planning-board DATE : 2018-03-26 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2018-03-26-minutes-3960.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_03262018-3960 ======================================================================================== ===PAGE 1=== ===PAGE 2=== ======================================================================================== DOCUMENT : 2018-03-26-minutes-3987.txt BOARD : planning-board DATE : 2018-03-26 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2018-03-26-minutes-3987.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_03262018-3987 ======================================================================================== ===PAGE 1=== ===PAGE 2=== ======================================================================================== DOCUMENT : 2018-03-26-minutes-3990.txt BOARD : planning-board DATE : 2018-03-26 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2018-03-26-minutes-3990.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_03262018-3990 ======================================================================================== ===PAGE 1=== TOWN OF L UNENBURG Office of the Planning Board Gregory Bittner, Chair Tel: (978) 582-4147, ext 5 Matthew Allison, Vice Chair Fax: (978) 582-4353 Kenneth Chenis, Clerk 960 Massachusetts Avenue David Prokowiew, Mbr. Lunenburg, MA 01462 Michael-Ray Jeffreys, Mbr. Adam R. Burney Land Use Director Marjorie J. Boggio Administrative Assistant Minutes Executive Session March 26, 2018 Meeting Posted: Yes Place: Town Hall, 17 Main Street, Lunenburg, MA Time: 9:25 PM Present: Gregory Bittner, Matthew Allison, Kenneth Chenis, David Prokowiew, Michael-Ray Jeffreys, Adam R. Burney Also Present: Attorney Adam Costa participated remotely under 940 CMR: Office of the Attorney General, 29.00: Open Meetings, Section 29.10: Remote Participation (5) (e) Geographic Distance Board Chair requested a Motion to enter Executive Session pursuant to G.L. c. 30A, § 21, to discuss strategy with respect to litigation, namely Town of Lunenburg v. Settlers Solar, et al. , Worcester Superior Court Docket No. 1785CV01959 -D, and Settlers Solar, LLC, et al. v. Town of Lunenburg, et al. , Land Court Docket No. 17 MISC 000690 (HPS), where an open meeting may have a detrimental effect on the l itigating position of the Town. Kenneth Chenis Made the Motion to enter Executive Session , Seconded by Matthew Allison, Roll Call Vote, M. Jeffreys, aye, D. Prokowiew, aye, K. Chenis, aye, M. Allison, aye, G. Bittner, aye. Atty Costa held a pre -mediation conference call with opposing Counsel Atty Michael Rosen and the mediator Art Kreiger on March 22 nd, prior to the mediation meeting scheduled for March 23, 2018. It was decided at that conference call for the Planning Board to post an executive session for this date in the event a pre -settlement agreement was reached on March 23rd and the Board could possibly come to consensus this evening. A Contingent Settlement Agreement (CSA) and accompanying plans were available to the Board mem bers. These items summarized the point reached as a result of the March 23 rd meeting. At that meeting, Atty Costa raised the concerns of the Board from its March 19, 2018 Executive Session; concessions were made on both sides. He went on to note that what was achieved was beneficial to some , but not all , of the abutters. He explained that if litigation occurs, whatever concessions gained during mediation are off the table. If the Board loses litigation, they essentially get the project that they denied. G. Bittner (GB) noted that the mediator asked he and D. Prokowiew (DP) what they felt would be needed to achieve a yes vote f rom the Board. Jamie Toale was also present as the Select Board’s representative. Both GB and DP received the impression from J. Toale that they were being unreasonable regarding lack of concessions to three abutters and probably causing this to go to litigation. GB believed the plan before the Board this evening was the best the Board could do in order to avoid litigation. DP asserted that Settlers Solar made few concessions. Both GB ===PAGE 2=== Minutes, Executive Session March 26, 2018 Page 2 and DP opined that if Settlers Solar had been more transparent , what was reached during the mediation meeting could easily have been achieved through the public hearing process. DP inquired of Atty Costa if the Board is obl igated to vote for this CSA. Atty Costa explained that G B and D P “signed” onto this settlement agreement. Hopefully tonight there can be a Board agreement in support of this CSA. DP clarified his question, inquiring if he, individually, was required to vote in agreement. Atty Costa emphasized that DP had voluntarily signed the CSA, stating that he supported it. DP stated that he is having second thoughts; one of the reasons as a result of J. Toale’s comment. He felt he had to come up with an agreement someone else wanted, not what the Board wanted. Atty Costa noted that the mediator ask ed both GB and DP before signing if they were agreeing to support this resolution before the Planning Board. The mediator also asked J. Toale if he felt the Board of S electmen would support this resolution and J. Toale responded affirmatively. Atty Costa had a different perception than GB and DP regarding J. Toale’s previous comment. He felt that J. Toale was suggesting if the Board litigates and loses, none of those concessions are on the table any longer. They need to weigh the considerations of three abutters v. a larger number of abutters with the current concessions. M. Jeffreys felt it was not enough. He stressed that he had made concessions at the March 19 th Executive Session. The fault detection system offered in the C SA is the same that was offered at the Public Hearing. He stated that he would agree to $105,000 for the decommissioning bond as long as they stayed with fifty (50’) feet of existing trees, which Settlers Solar did not do. M. Allison feels that the Board is being taken advantage of, but if this goes to litigation the Board will not get the support it needs and Settlers Solar will build whatever they want. Atty Costa re- emphasized that he i s representing the Board ’s interests and has not been told to “stand down” by the Board of Selectmen. He went on to remind the Board that they will lose what is on the table today if they do not agree to these terms. K. Chenis noted they need to decide i f they have a super-majority to approve this tonight. If not, they should not go forward. The Board was in agreement that if this new plan had been before them initially, they would not have approved it. GB noted that Settlers Solar conveyed to he and DP that the Board should encourage the abutters not to appeal. There was not a super-majority vote for the CSA. Atty Costa inquired if Atty Rosen asks what is needed to reach a settlement; the Board wants an additional fifty (50’) feet of natural trees on all sides. K. Chenis made a motion to come out of Executive Session and go into Regular Session, seconded by M. Allison, roll call vote- M. Jeffreys, aye; D. Prokowiew, aye; M. Allison, aye; K. Chenis, aye; G. Bittner, aye. Adjourned Executive Session 10:20 PM Minutes/executive 2018/03.26.18_exec ======================================================================================== DOCUMENT : 2018-04-09-agenda-3963.txt BOARD : planning-board DATE : 2018-04-09 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2018-04-09-agenda-3963.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_04092018-3963 ======================================================================================== ===PAGE 1=== ======================================================================================== DOCUMENT : 2018-04-09-minutes-3963.txt BOARD : planning-board DATE : 2018-04-09 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2018-04-09-minutes-3963.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_04092018-3963 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======================================================================================== ===PAGE 1=== ===PAGE 2=== ======================================================================================== DOCUMENT : 2018-05-05-agenda-3962.txt BOARD : planning-board DATE : 2018-05-05 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2018-05-05-agenda-3962.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_05052018-3962 ======================================================================================== ===PAGE 1=== ======================================================================================== DOCUMENT : 2018-05-14-agenda-3965.txt BOARD : planning-board DATE : 2018-05-14 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2018-05-14-agenda-3965.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_05142018-3965 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======================================================================================== ===PAGE 1=== Planning Board Meeting 1. ======================================================================================== DOCUMENT : 2018-06-11-agenda-4002.txt BOARD : planning-board DATE : 2018-06-11 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2018-06-11-agenda-4002.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_06112018-4002 ======================================================================================== ===PAGE 1=== Planning Board Meeting- Public Hearing1. ======================================================================================== DOCUMENT : 2018-06-11-minutes-3994.txt BOARD : planning-board DATE : 2018-06-11 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2018-06-11-minutes-3994.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_06112018-3994 ======================================================================================== ===PAGE 1=== ===PAGE 2=== ======================================================================================== DOCUMENT : 2018-06-11-minutes-4002.txt BOARD : planning-board DATE : 2018-06-11 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2018-06-11-minutes-4002.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_06112018-4002 ======================================================================================== ===PAGE 1=== ======================================================================================== DOCUMENT : 2018-06-18-agenda-3993.txt BOARD : planning-board DATE : 2018-06-18 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2018-06-18-agenda-3993.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_06182018-3993 ======================================================================================== ===PAGE 1=== Planning Board Meeting 1. ======================================================================================== DOCUMENT : 2018-06-18-minutes-3993.txt BOARD : planning-board DATE : 2018-06-18 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2018-06-18-minutes-3993.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_06182018-3993 ======================================================================================== ===PAGE 1=== TOWN OF L UNENBURG Office of the Planning Board Gregory Bittner, Chair Tel: (978) 582 -4147, ext 5 Matthew Allison, Vice Chair Fax: (978) 582 -4353 Kenneth Chenis, Clerk 960 Massachusetts Avenue David Prokowiew, Mbr. Lunenburg, MA 01462 Tanner Cole, Mbr. Adam R. Burney Land Use Director Marjorie J. Boggio Administrative Assistant Minutes Executive Session June 18, 2018 Meeting Posted: Yes Place: Town Hall, 17 Main Street, Lunenburg, MA Time: 6:00 PM Present: Gregory Bittner, David Prokowiew, Tanner Cole, Adam R. Burney Absent: Kenneth Chenis, Matthew Allison Also Present: Select Board members J. Toale, P. Luck, K. Adams, D. McQuaid, R. Ebersole, Town Manager H. Lemieux, Town Counsel Adam Costa, and former Town Counsel Attorneys Joel Bard and Deborah Ecker, KP Law. Select Board Chair James Toale requested a Motion to enter Executive Session pursuant to G.L. c. 30A, § 21, to discuss strategy with respect to litigation, namely O’Brien Homes Inc. v. Emerick R. Bakaysa, et al, (Planning Board of the Town of Lunenburg and Town of Lunenburg) , Land Court No. 13 -MISC-477878 to 13 -MISC-477887-KCL, where an open meeting may have a detrimental effect on the litigating position of the Town, not to enter back into Regular Session. D. McQuaid made the Motion to enter Executive Session, Seconded by P. Luck, Roll Call Vote, K. Adams, aye; P. Luck, aye; D. McQuaid, aye; J. Toale, aye; R. Ebersole, aye. Planning Board Chair Gregory Bittner requested a Motion to enter Executive Session pur suant to G.L. c. 30A, § 21, to discuss strategy with respect to litigation, namely O’Brien Homes Inc. v. Emerick R. Bakaysa, et al, (Planning Board of the Town of Lunenburg and Town of Lunenburg) , Land Court No. 13 -MISC-477878 to 13 -MISC-477887-KCL, where an open meeting may have a detrimental effect on the litigating position of the Town , not to enter back into Regular Session. D. Prokowiew made the Motion to enter Executive Session, Seconded by T. Cole, Roll Call Vote, D. Prokowiew, aye; T. Cole, aye; G. Bittner, aye. The Select Board and the Planning Board received notification from KP Law that the L and Court ruled in favor of O’Brien Homes that the ten subdivision plans were not subject to Section 5.6. of the Zoning Bylaw. J. Bard provided a summa ry of the letter cited above. This case is referred to as “O’Brien 2”. “O’Brien 1” was the challenge to Section 5.6, which was filed 10± years ago. At that time, the Planning Board denied the application and O’Brien Homes went to Land Court to have Sect ion 5.6. of the Zoning Bylaw declared invalid. This was based on testimony of then Planning Director, Marion M. Benson. The Court quoted extensively from oral arguments and its Decision stated that Section 5.6. did not apply. The other case against O’Br ien Homes dealt with enforcement to prevent him from doing further work. In that case, the Land Court ruled against the Planning Board. That was overturned by the Appeals Court. Attorney Bard opined that with the Judge declaring Section 5.6. invalid, this allows O’Brien Homes to come back to the Board with the same plan. D. Ecker noted as part of the original complaint there is a bad faith component to “O’Brien 2”, which is still active. In the May 23, 2018 Decision from the Land Court, the judge sta tes, “…while I make no findings at the present time as to whether the Board acted in bad faith… Board and other town officials did not reciprocate O’Brien’s efforts to progress through the approval process and that this delayed O’Brien’s submission”. The Decision directed Counsel to schedule a status conference to discuss ===PAGE 2=== Minutes, Executive Session June 18, 2018 Page 2 whether O’Brien Homes desired to pursue the bad faith claim. O’Brien Homes’ Counsel did not wait for the status conference ; instead sending an email to the court clerk stating that they intended to pursue the bad faith claim. D. Ecker anticipates the judge will find some bad faith. As M. Benson has passed away, the judge has allowed O’Brien Homes to state what they believe M. Benson said during conversations. As the trial has taken approximately 2 ½ years in court, there is no way to anticipate how much of a monetary amount O’Brien Homes will claim. J. Bard noted there were extensive costs in this case , e.g. deposition transcripts, attorney fees. There is also a motion for sanction ( O”Brien 3”), as a result of discovery of individual Board member emails . Some Planning Board members were communicating via their personal emails and some o f the emails were detrimental. O’Brien Homes has indicated to the Court Clerk that the sanction motion is to continue. D. Ecker is of the opinion that if Lunenburg does not appeal, the sanctions and the bad faith claim may go away. If Lunenburg appeals, she feels the judge will not be happy. If the bad faith claim moves forward, there will be additional discovery. J. Bard noted that O’Brien Homes needs to decide if they want to wait until their bad faith claim has been completed prior to coming before the Board with the subdivision plan. D. Ecker recommended the Board find out what O’Brien Homes is looking for in compensation regarding bad faith and sanctions; then either negotiate a settlement or take the sanctions that the court decides at trial. The bad faith would require a trial. A. Bur ney clarified to the Board that it will have to approve the subdivision under the Rules and Regulations Governing the Subdivision of Land that was in place at the time of filing. A status conference will be scheduled. D. Ecker recommended that prior to that conference; the Boards decide whether or not they plan to appeal so she can represent that to the judge. She will also attempt to get the demands of O’Brien Homes prior to the conference. This will assist the Board in making its decision whether or not to appeal. A. Costa noted to the Board that it needs to consider the enforceability of the bylaw and the strength of arguments of an appeal, and compare it to what can be achieved for Lunenburg through a resolution. B. Ebersole made Motion to a sk for information regarding settlement demands, Seconded by. P. Luck, Roll Call Vote, K. Adams, aye; P. Luck, aye; D. McQuaid, aye; J. Toale, aye, B. Ebersole, aye. D. Prokowiew made Motion to adjourn Executive Session, not to enter Regular Session, Se conded by T. Cole, Roll Call Vote, D. Prokowiew, aye; T. Cole, aye; G. Bittner, aye. Adjourned 7:20 PM. Documents used at Executive Session: KP Law Letter Dated May 29, 2018 , Re: O’Brien Homes Inc. v. Emerick R. Bakaysa, et al, (Planning Board of the Town of Lunenburg and Town of Lunenburg) , Land Court No. 13-MISC-477878 to 13-MISC-477887-KCL Commonwealth of Massachusetts, The Trial Court, Land Court Department, Decision, dated May 23, 2018 Minutes/executive 2018/06.18.18_exec ======================================================================================== DOCUMENT : 2018-06-25-agenda-3991.txt BOARD : planning-board DATE : 2018-06-25 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2018-06-25-agenda-3991.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_06252018-3991 ======================================================================================== ===PAGE 1=== Planning Board Meeting 1. ======================================================================================== DOCUMENT : 2018-06-25-agenda-3995.txt BOARD : planning-board DATE : 2018-06-25 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2018-06-25-agenda-3995.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_06252018-3995 ======================================================================================== ===PAGE 1=== Planning Board Meeting 1. ======================================================================================== DOCUMENT : 2018-06-25-minutes-3991.txt BOARD : planning-board DATE : 2018-06-25 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2018-06-25-minutes-3991.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_06252018-3991 ======================================================================================== ===PAGE 1=== ===PAGE 2=== ===PAGE 3=== ======================================================================================== DOCUMENT : 2018-06-25-minutes-3995.txt BOARD : planning-board DATE : 2018-06-25 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2018-06-25-minutes-3995.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_06252018-3995 ======================================================================================== ===PAGE 1=== ===PAGE 2=== ===PAGE 3=== ======================================================================================== DOCUMENT : 2018-07-09-agenda-3992.txt BOARD : planning-board DATE : 2018-07-09 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2018-07-09-agenda-3992.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_07092018-3992 ======================================================================================== ===PAGE 1=== Planning Board Meeting 1. ======================================================================================== DOCUMENT : 2018-07-09-agenda-3996.txt BOARD : planning-board DATE : 2018-07-09 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2018-07-09-agenda-3996.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_07092018-3996 ======================================================================================== ===PAGE 1=== Planning Board Meeting- Executive Session1. ======================================================================================== DOCUMENT : 2018-07-09-minutes-3992.txt BOARD : planning-board DATE : 2018-07-09 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2018-07-09-minutes-3992.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_07092018-3992 ======================================================================================== ===PAGE 1=== TOWN OF L UNENBURG Office of the Planning Board Gregory Bittner, Chair Tel: (978) 582-4147, ext 5 Matthew Allison, Vice Chair Fax: (978) 582-4353 Kenneth Chenis, Clerk 960 Massachusetts Avenue David Prokowiew, Mbr. Lunenburg, MA 01462 Tanner Cole, Mbr. Adam R. Burney Land Use Director Marjorie J. Boggio Administrative Assistant Minutes Executive Session July 9, 2018 Meeting Posted: Yes Place: Town Hall, 17 Main Street, Lunenburg, MA Time: 6:35 PM Present: Gregory Bittner, Matthew Allison, Kenneth Chenis, David Prokowiew, Tanner Cole, Adam R. Burney Also Present: Town Counsel Adam Costa Board Chair requested a Motion to enter Executive Session pursuant to G.L. c. 30A, § 21, to discuss strategy with respect to litig ation, namely Town of Lunenburg v. Settlers Solar, et al. , Worcester Superior Court Docket No. 1785CV01959 -D, and Settlers Solar, LLC, et al. v. Town of Lunenburg, et al. , Land Court Docket No. 17 MISC 000690 (HPS), where an open meeting may have a detrime ntal effect on the litigating position of the Town, to enter back into Regular Session. Kenneth Chenis Made the Motion to enter Executive Session, Seconded by Matthew Allison, Roll Call Vote, T. Cole, aye, D. Prokowiew, aye, K. Chenis, aye, M. Allison, aye, G. Bittner, aye. A. Costa updated the Board on actions taken since the June 25, 2018 Executive Session with his relaying of the Board’s settlement offer to opposing counsel, Attorney Michael Rosen. The Board’s offer was to agree to remand with the following terms. 1. The project would be developed in accordance with the plans that showed both the red and pink revisions. 2. The plaintiff would adhere to all terms of the contingent settlement agreement. 3. The plaintiff would agree to an increase in the tree fund from $10,000 to the amount of $50,000. M. Rosen agreed to the increase of $40,000 with the caveat that Settlers Solar would participate in the tree planning and that any funds remaining would be returned to Settlers Solar. A. Costa responded that this wa s being done in accordance with the contingent settlement agreement and that the Board would spend the funds at its discretion through a single point of contact identified by the Board. A. Costa noted that the Board also wanted to be able to use some of t he tree fund s to hire a landscape architect/professional ; M. Rosen requested the professional fee be capped at $5,000. A. Costa noted to the Board, that in previous conversations with the Board, there was discussion that any unspent tree funds would go into the Town’s general fund. He is of the opinion that the majority of the funds will be spent. M. Rosen wanted a time limit of thirty-six (36) months from completion of construction placed on spending of the tree funds. ===PAGE 2=== Minutes, Executive Session July 9, 2018 Page 2 T. Cole asserted that if you clear cut 34 acres, the $50,000 will easily be spent replanting; but, if there are any funds remaining, they should go to the Town. G. Bittner stressed that abutters need to be able to offer their inpu t to the landscape architect regarding plantings on their individual properties. The Board needs to determine a single point of contact, e.g., Land Use Director, Board member, landscape architect. That point of contact w ill talk to the abutters regarding plantings and then pass the information on to Settlers Solar. Following conversations with the abutters and landscape architect, a tree plan w ill be created for Board review. M. Allison inquired what would be considered construction completion. A. Burney anticipates that will be when the project is turned on; A. Costa will verify with M. Rosen. D. Prokowiew made a Motion authorizing Town Counsel ’s submittal of their proposal with a $5,000 limit on the landscape architect and that any funds remainin g from the $50,000 after 36 months from construction completion will be returned to the applicant , Seconded by M. Allison, roll call vote, T. Cole, aye, D. Prokowiew, aye, K. Chenis, aye, M. Allison, aye, G. Bittner, aye. The Board of Selectmen will have to vote on the remand, and if that vote passes, then the applicant will have to file a new application which will follow the public hearing process. The court does not relinquish jurisdiction until the Board approves the project and the 20-day appeal period has been concluded. At that time it will be dismissed in the court. A. Burney inquired if there could be a peer review for new changes to the project. A. Costa advised that as soon as the new application is submitted, it be sent out for peer review. A. Burney also noted that the applicant will still need to file for a stormwater special permit prior to construction. K. Chenis made a Motion to close Executive Session and return to Regular Session, Seconded by D. Prokowiew, roll call vote, T. Cole, aye, D. Prokowiew, aye, K. Chenis, aye, M. Allison, aye, G. Bittner, aye. Adjourned Executive Session 7:16 PM. Minutes/executive 2018/07.09.18_exec ======================================================================================== DOCUMENT : 2018-07-09-minutes-3996.txt BOARD : planning-board DATE : 2018-07-09 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2018-07-09-minutes-3996.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_07092018-3996 ======================================================================================== ===PAGE 1=== TOWN OF L UNENBURG Office of the Planning Board Gregory Bittner, Chair Tel: (978) 582-4147, ext 5 Matthew Allison, Vice Chair Fax: (978) 582-4353 Kenneth Chenis, Clerk 960 Massachusetts Avenue David Prokowiew, Mbr. Lunenburg, MA 01462 Tanner Cole, Mbr. Adam R. Burney Land Use Director Marjorie J. Boggio Administrative Assistant Minutes July 9, 2018 Meeting Posted: Yes Place: Town Hall, 17 Main Street, Lunenburg, MA Time: 6:30 PM Present: Gregory Bittner, Matthew Allison, Kenneth Chenis, David Prokowiew, Tanner Cole, Adam R. Burney Also Present: Town Counsel Adam Costa Board Chair requested a Motion to enter Executive Session pursuant to G.L. c. 30A, § 21, to discuss strategy with respect to litigation, namely Town of Lu nenburg v. Settlers Solar, et al. , Worcester Superior Court Docket No. 1785CV01959 -D, and Settlers Solar, LLC, et al. v. Town of Lunenburg, et al. , Land Court Docket No. 17 MISC 000690 (HPS), where an open meeting may have a detrimental effect on the l itigating position of the Town, to enter back into Regular Session . Kenneth Chenis Made the Motion to enter Executive Session, Seconded by M. Allison, Roll Call Vote, T. Cole, aye, D. Prokowiew, aye, K. Chenis, aye, M. Allison, aye, G. Bittner, aye. MINUTES APPROVAL: 6/11/18- D. Prokowiew made Motion to accept, Seconded by M. Allison, K. Chenis abstained, vote passed 4-0. 6/18/18 Executive- D. Prokowiew made Motion to approve , Seconded by K. Chenis, M. Allison abstained, vote passed 4 - 0. 6/25/18- D. Prokowiew made Motion to accept, Seconded by M. Allison, all aye. 6/25/18 Executive- D. Prokowiew made Motion to accept, Seconded by M. Allison, all aye. COMMITTEE REPORTS: Green Community Task Force- no meeting Capital Planning Committee- no meeting Storm Water Task Force- 319 grant submitted; will find out in September if funds approved. Agricultural Commission- Next meeting July 12. Commission sponsoring July 30 band concert. MJTC- Next meeting July 11. Open Space Ad Hoc Committee- Next meeting July 25. MRPC- no meeting Charter Review Committee- no update ===PAGE 2=== Minutes, 07.09.18 Page 2 DIRECTOR’S ITEMS: §250- 4.15. Solar Energy Systems- no update Recreational Marijuana Regulations -A. Burney noted that of the 150 ± responses so far, few favor prohibition. Approximately 1/3 of respondents wanted to prohibit retail, but more than 2/3 wanted no prohibition. He wa s surprised at locations where respondents indicated it should be allowed and felt that maybe some of them didn’t understand the definition of various zoni ng districts. The majority of respondents are looking for restriction, but no prohibition , with it being allowed in the Commercial and Office Park/Industrial Districts. K. Chenis noted the Board has to carefully construct the bylaw to meet the Town’s nee ds and to also pass at town meeting. A. Burney will work with Town Counsel on the bylaw language . Some Board members felt there should be five (5) ballot questions, which would cover each use; if they are done all together, they may not pass at town meeting. The Town should have the ability to prohibit based upon the use. A. Burney was of the opinion that the zoning bylaw should be written to cover all of the uses. He will provide some bylaw examples to the Board and hopes to have a draft near completion by September. MEETING SCHEDULE July 23- D. Prokowiew noted he will not be available for this meeting. August 13 August 27 ONGOING ITEMS: Asian Imperial Restaurant, 5 & 9 Electric Avenue - A. Burney reviewed the plans, which indicate that the remainin g pavement on the abutting property is within the Town’s right-of-way and is not for patrons’ parking. He will speak with the DPW Director. Village at Flat Hill, Drainage Review & Enforcement- The trustees have responded to the Board’s 23 May 2018 enforcement letter and note that the required maintenance will be performed by the end of September. §250- 8.3. Board of Appeals- no update Economic Development - A. Burney expects to hear from K. Chapman, MRPC, in the near future regarding the permitting guide. ADJOURNMENT: 8:35 PM Documents used at meeting: Minutes- 6/11/18 6/18/18 Executive 6/25/18 6/25/18 Executive Recreational Marijuana Survey Responses Minutes/2018/07.09.18 ======================================================================================== DOCUMENT : 2018-08-13-agenda-3966.txt BOARD : planning-board DATE : 2018-08-13 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2018-08-13-agenda-3966.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_08132018-3966 ======================================================================================== ===PAGE 1=== TOWN OF LUNENBURG Office of the Planning Board Gregory Bittner, Chair Tel: (978) 582-4147 ext 5 Matthew Allison, Vice-Chair Fax: (978) 582-4353 Kenneth Chenis, Clerk 960 Massachusetts Avenue David Prokowiew, Member Lunenburg, MA 01462 Tanner Cole, Member Adam R. Burney Land Use Director Marjorie J. Boggio Administrative Assistant NOTICE OF MEETING Monday, August 13, 2018 – 6:30 PM Town Hall, 17 Main Street, Lunenburg, MA In accordance with the requirements of the Open Meeting Law, please be advised that this meeting is being recorded and broadcast over Lunenburg Public Access. AGENDA 1. ROLL CALL 2. PUBLIC COMMENT 3. ANR PLANS: 787 New West Townsend Road 292 Chase Road 164 White Street 4. SITE PLAN APPROVAL: Waiver Request- 39 Massachusetts Avenue 5. MINUTES APPROVAL: 7/9/18 7/9/18 Executive 6. COMMITTEE REPORTS: Green Community Task Force, Capital Planning Committee, Storm Water Task Force, Agricultural Commission, MJTC, Open Space Ad Hoc Committee, MRPC, Charter Review Committee 7. DIRECTOR’S ITEMS: August 14- Earth Removal Bylaw Discussion w/BOS Tri Town Landing- Endorse Plan Open Space Ad Hoc Committee- Appointment of Member At Large Recreational Marijuana Regulations §250- 6.5. Sign Bylaw §250- 4.15. Solar Energy Systems 8. NOTICES & COMMUNICATIONS 9. MEETING SCHEDULE: All Board meetings are held at Town Hall, 6:30 PM, unless otherwise indicated August 27- Public Hearing, 994 Northfield Road September 10 September 24 10. PUBLIC COMMENT 11. ONGOING ITEMS: Asian Imperial Restaurant, 5 & 9 Electric Avenue Village at Flat Hill- Drainage Review & Enforcement Economic Development §250- 8.3.Board of Appeals 12. BOARD COMMENT/CONCERNS 13. ADJOURNMENT ======================================================================================== DOCUMENT : 2018-08-13-minutes-3966.txt BOARD : planning-board DATE : 2018-08-13 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2018-08-13-minutes-3966.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_08132018-3966 ======================================================================================== ===PAGE 1=== ===PAGE 2=== ===PAGE 3=== ======================================================================================== DOCUMENT : 2018-08-27-agenda-3997.txt BOARD : planning-board DATE : 2018-08-27 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2018-08-27-agenda-3997.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_08272018-3997 ======================================================================================== ===PAGE 1=== ======================================================================================== DOCUMENT : 2018-08-27-agenda-3998.txt BOARD : planning-board DATE : 2018-08-27 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2018-08-27-agenda-3998.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_08272018-3998 ======================================================================================== ===PAGE 1=== Planning Board Meeting- 994 Northfield Road1. ======================================================================================== DOCUMENT : 2018-08-27-agenda-3999.txt BOARD : planning-board DATE : 2018-08-27 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2018-08-27-agenda-3999.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_08272018-3999 ======================================================================================== ===PAGE 1=== Planning Board Meeting 1. ======================================================================================== DOCUMENT : 2018-08-27-minutes-3997.txt BOARD : planning-board DATE : 2018-08-27 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2018-08-27-minutes-3997.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_08272018-3997 ======================================================================================== ===PAGE 1=== TOWN OF L UNENBURG Office of the Planning Board Gregory Bittner, Chair Tel: (978) 582-4147, ext 5 Matthew Allison, Vice Chair Fax: (978) 582-4353 Kenneth Chenis, Clerk 960 Massachusetts Avenue David Prokowiew, Member Lunenburg, MA 01462 Tanner Cole, Member Adam R. Burney Land Use Director Marjorie J. Boggio Administrative Assistant Minutes August 27, 2018 Meeting Posted: Yes Place: Town Hall, 17 Main Street, Lunenburg, MA Time: 6:30 PM Present: Matthew Allison, Kenneth Chenis, David Prokowiew Tanner Cole, Adam R. Burney Also Present: Town Counsel Adam Costa (arrived 7:05 PM) Absent: Gregory Bittner Agenda items were taken out of order while awaiting the arrival of Town Counsel. MINUTES APPROVAL: 8/13/18- K. Chenis made Motion to approve, T. Cole Seconded, T. Cole, aye; D. Prokowiew, abstained due to absence; K. Chenis, aye; M. Allison, aye. Vote passed 3-0. COMMITTEE REPORTS: Green Community Task Force- no report Capital Planning Committee- no meeting Storm Water Task Force- no meeting Agricultural Commission- no meeting MJTC- no meeting Open Space Ad Hoc Committee- Continuing to update the Open Space and Recreation Plan. MRPC- no meeting Charter Review Committee- no report DIRECTOR’S ITEMS: Montachusett Metropolitan Planning Organization Subregion 3 Representative- Due to Paula Bertram and Gary Luca both stepping down from their Select Boards, Lunenburg and Ayer respectively, new representatives need to be elected. Jamie Toale of the Lunenburg Select Board and Kara Minar of the Harvard Select Board have stepped forward as representative and alternate, respectively. Each community is allowed only one vote. The Planning Board needs to make its recommendation to the Town Manager. K. Chenis made a Motion to approve Jamie Toale for the MPO position, D. Prokowiew Seconded, all aye. ===PAGE 2=== Minutes, 08.27.18 Page 2 Recreational Marijuana Regulations- The Board intends to extend the current moratorium over the winter to work through the regulatory process, allow for more discussion and public input in the crafting of a new bylaw. A single phase of licensed non -medical adult marijuana will be discussed at each Board meeting. K. Chenis suggested a straw poll be held at fall Town Meeting to get the feel of the public. A. Burney will seek guidance from Town Counsel. §250- 6.5. Sign Bylaw- Discussion on hold until all Board members are present. §250- 4.15. Solar Energy Systems- On hold while the Board focuses on marijuana. MEETING SCHEDULE: September 10- Continued Public Hearing for Settlers Solar, 994 Northfield Road September 24 ONGOING ITEMS: Asian Imperial Restaurant, 5 & 9 Electric Avenue - A. Burney will send a letter to the property owner stating the remaining driveway apron is within the Town’s right-of-way and that the DPW Director will be taking corrective action. Village at Flat Hill, Drainage Review & Enforcement- Trustees still within timeline to complete the work. Economic Development- Moving ahead. §250- 8.3. Board of Appeals- Article will go before fall Town Meeting. BOARD COMMENT/CONCERNS: K. Chenis requested earth removal permitting be included on future agendas. A. Burney hopes to have a draft before the Board in October. The following timeline was set for marijuana discussion: September 10 – Retail September 24 – Cultivation October 22 – wrap up Retail and Cultivation November 5 – Processing and Testing Labs (November 12th is a holiday; meeting will be held on the 5th instead.) November 26 – Craft Cultivator December 10 – Transporter There was discussion as to publicizing the marijuana conversations. Possibly place notices in the Lunenburg Ledger, publicize on Local Access, and post on sign located outside the Ritter Memorial Building. K. Chenis made a Motion to recess for five ( 5) minutes , or until Town Counsel arrives, D. Prokowiew Seconded, all aye. ANR PLAN: 171 Gilchrest Street - The Applicant, Kevin Hill was represented by J amie Rheault, Whitman & Bingham Associates (WBA) , who presented a plan for seven (7) buildable lots. The plan consists of three (3) properties; two owned by the Szocik family and one owned by the Town of Lunenburg . K. Chenis noted that the frontage measurements on the plan did not agree with the Assessors’ maps. WBA stressed that they go on site and do a land survey to come up with the correct figures. A. Burney noted that K. Hill currently has an option to purchase the two Szocik parcels and there is a negotiated agreement between the Town of Lunenburg and K. Hill. A. Costa clarified that all the pro cedural prerequisites have not yet been completed. He suggested the Board ask the Applicant to “pause the clock” or for the Board to take action on the plan, yet not release it until the owner shows proof of a signed Purchase and Sales Agreement and all contractual obligations have been fulfilled. WBA ===PAGE 3=== Minutes, 08.27.18 Page 3 recommended the Board endorse the plan and then retain the plan until all contractual processes were completed. K. Chenis voiced concern that the property lines could change duri ng negotiations. The application was withdrawn without prejudice for rescheduling at a later date. K. Chenis made a Motion to waive the fees for resubmittal of the ANR Plan, D. Prokowiew Seconded, all aye. PUBLIC HEARING: 994 Northfield Road, Settlers Solar LLC- see separate minutes. The Applicant was informed that the revised plans are to be submitted to the Planning Office by Tuesday, September 4th, 4:00 PM. The plans are to include a suggested easement to the conservation restriction area. M. Rosen reviewed the list of items to address for the Board - walking trail, up to $5000 of the tree fund useable for a landscape architect, Knox box, fence and rear gate, conservation easement, no pesticides, vegetation control and walking path to conservation area. BOARD COMMENT/CONCERNS: T. Cole reiterated his previous concern with lack of Board representation at the Charter Review Committee. He suggested that the Board reconsider its appointment of a prior Board member to the Committee. M. Allison offer ed to reach out to Mr. Jeffrey s to see if he wishes to continue . K. Chenis made a Motion that either the Board Chair or Vice Chair reach out to Mr. Jeffreys and inquire if his intention is to remain and re-engage with the Charter Review Committee, D. Prokowiew Seconded, all aye. K. Chenis made a Motion to adjourn, D. Prokowiew Seconded, all aye. ADJOURNMENT: 9:01 PM Documents used at meeting: Minutes- 8/13/18 ANR Plan- 171 Gilchrest Street ======================================================================================== DOCUMENT : 2018-08-27-minutes-3998.txt BOARD : planning-board DATE : 2018-08-27 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2018-08-27-minutes-3998.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_08272018-3998 ======================================================================================== ===PAGE 1=== TOWN OF L UNENBURG Office of the Planning Board Gregory Bittner, Chair Tel: (978) 582-4147, ext 5 Matthew Allison, Vice Chair Fax: (978) 582-4353 Kenneth Chenis, Clerk 960 Massachusetts Avenue David Prokowiew, Member Lunenburg, MA 01462 Tanner Cole, Member Adam R. Burney Land Use Director Marjorie J. Boggio Administrative Assistant Minutes Public Hearing 994 Northfield Road August 27, 2018 Meeting Posted: Yes Place: Town Hall, 17 Main Street, Lunenburg, MA Time: 7:23 PM Present: Matthew Allison, Kenneth Chenis, David Prokowiew, Tanner Cole, Adam R. Burney Also Present: Town Counsel Adam Costa Absent: Gregory Bittner The Hearing was to hear and discuss an application for a Special Permit , Site Plan Approval , and Stormwater Management Permit under Chapter 250, Sections 4.13. (formerly 4.15.) and 8.4., and Chapter 204, Section 1 of the Code of Lunenburg, MA for construction of a 5.8 MW large-scale ground-mounted photovoltaic installation at 9 94 Northfield Road (Map 037, Parcel 0013) . The Applicant, Settlers Solar, LLC, was represented by Attorney Michael D. Rosen, of Ruberto, Israel & Weiner, P.C., Ethan Gyles, PE, Development Manager, Nexamp; Alan Clapp, PE, Development Director, Nexamp, Daniel Wolfe, P. E. and Daniel Romero, Project Manager, David E. Ross Associates. Property Owner 994 Northfield Road, LLC, William Gustus was also in attendance. A. Costa gave a brief summary of the project’s history, noting applications for both special p ermit and site plan approval in August 2017. The Board held public hearings and in November 2017 voted to deny the special permit and site plan approval. The Applicant believed the permit to be constructively granted, stating the Board did not take timely action. The Applicant also filed a separate action appealing the Board’s Decision and challenging both special permit and site plan approval. The Town filed suit challenging the Applicant’s statement. There ha ve been several discussions over the past nine (9) months in regard to the pending litigation. There was an unsuccessful effort to mediate the case. Plan modifications have been made to attempt to address Board concerns and are presented in tonight’s revised plan and include changes to the proje ct design and layout. There is also an application for a stormwater permit, which is not part of the litigation. The court has remanded the special permit and site plan approval back to the Board. ===PAGE 2=== Minutes 08.27.18 994 Northfield Road Public Hearing Page 2 M. Rosen stressed to the Board that the agreement entered into during mediation is a Contingent Settlement Agreement as the full Board is not represented during mediation. The plans presented tonight contain three sets of changes: Changes discussed in January’s mediation, changes as a result of the Board’s Executive Session with Town Counsel, and final changes based on Graves Engineering, Inc. (GEI) August 15, 2018 review letter. E. Gyles updated the Board on the increase in the decommissioning bon d from $60,000 to $105,000. The $10,000 tree fund agreed to in mediation has been increased to a total of $50,000, which will be placed in escrow. The fund will be dispersed through a point of contact designated by the Board and will be for the duration of the project plus thirty-six (36) months. Any remaining funds will be returned to Settlers Solar. The emergency/fire protection plan will use a fault detection system with a 24 h our monitoring. After Board approval, if allowed under the Solar Massachusetts Renewable Target (SMART) Program, solar subscriptions will be marketed to Lunenburg residents at a 12 – 15% discount for 45 days or until the project is fully subscribed. Commitments made in prior heari ngs will be honored. The Applicant will enter into a PILOT agreement with the Sel ect Board. The property owner will place a conservation restriction on the northerly portion of Lot 1A. Changes to the site plan include- expansion of the no-cut zone on the east side of the southern boundary from 75 to 125 feet and from 50 to 150 feet on the west side of the southern boundary. The no-cut zone will be expanded along the westerly side of the project for an additional 50 feet. Adjustments were made to the gravel access road. The evergreens will be from nursery stock with a one year warranty. Per August 15, 2018 GEI review letter, there is a fence line shift. The PILOT agreement, conservation restriction, public trail access, gate requested by the Fire Department and relocation of Knox Box (or moving the bar gate) will be a part of the Board ’s Conditions. If the modified Contingent Settlement Agreement is accepted and incorporated into the Decision, it will include these items up to the August 15, 2018 GEI review letter. A portion of the tree fund, u p to a maximum of $5,000, allows for the hiring of a landscape architect. K. Chenis inquired about access through the buffer to the hiking trails. D. Wolfe, David E. Ross Associates (DER), presented the Board with a site plan updated to August 20, 2018. He elaborated on the changes noted by E. Gyles. With a buffer increase to 125 feet on the east side of the southern boundary, the access road was dropped further south in order to relocate some of the deleted panels from the west side more easterly. The access road was then shifted more to the east to allow for additional relocation of panels due to additional tree shading. With the expansion of the buffer on the westerly side, panels were removed due to shading and moved to the east. The increase from 100 to 150 feet of buffering on the south border resulted in the loss of two lines of panels, which were relocated northerly. The fence that surrounded Basin 30 was relocated to the bottom of the exterior slope at the recommendation of GEI for ease in basin maintenance. No changes were necessary to the drainage calculations as there is now more undisturbed wooded area due to a more conservative design. There is no change to the panel count. Hans Wentrup, 418 New West Townsend Road - Would like to see th e natural vegetation remain and have the Applicant move the panels so no one from New West Townsend Road is able to see them. He would also like the access road to blend in with Northfield Road as Northfield is classified a Scenic Road. M. Allison responded there will not be any new curb cuts on Northfield Road; access will be through the current golf course access. ===PAGE 3=== Minutes 08.27.18 994 Northfield Road Public Hearing Page 3 M. Rosen stated that the concerns of H. Wentrup are addressed in this revised site plan. For the benefit of the public, A. Costa explained the tree fund. An increased buffer is being provided around certain portions of the border of the project. There may still be some areas along the boundaries where the panels will still be visible. The fund will provide for additional screening in those areas; either on the Settlers Solar property or on properties abutting the project site. The funds will be utilized at the discretion of the Board for a period of up to thirty- six (36) months following completion of construction. D. Prokowiew asked A. Costa what the timeframe would be for the stormwater permit. A. Costa responded that the stormwater permit has a 90 -day timeframe, whereas the remand order required the public hearing of the site plan approval and special permit be conducted within 60 days. He recommended the Board not close tonight’s hearing and suggested he draft a decision to bring to the Board. A. Burney noted that the stormwater special permit would memorialize stabilization, erosion control, etc. K. Chenis made Motion to continue the Hearing to September 10, 2018, Second, D. Prokowiew; discussion, A. Burney asked the Board if there were specific items that required further information from the Applicant. K. Chenis requested that the gate identified by the Fire Department and relocation of Knox Box (or moving the bar gate) be incorporated into the plan. T. Cole inquired if the Applicant should put all the detail s in writing; specifically the conservation restriction and easement. D. Prokowiew inquired how trail access will be negotiated through the wetlands. E. Gyles suggested access possibly through the east side instead of through the wetland fingers. A. Costa will work with M. Rosen to draft a Decision and proposed form of easement. T. Cole asked if there was detail on the utility inter -connection. E. Gyles responded it will be on the back lawn of the golf course clubhouse and will connect to Northfield Road. The Applicant has an inter -connection agreement with UNITIL; UNITIL has the final say as to pole construction. K. Chenis made Motion to continue the Hearing to September 10th, 6:35 PM, D. Prokowiew Seconded, all aye. Hearing recessed 8:56 PM Documents used at meeting: Special Permit and Site Plan Approval Application Stormwater Special Permit Application Site Plans Minutes/public hearings 2018/994 Northfield Road_08.27.18 ======================================================================================== DOCUMENT : 2018-09-10-agenda-3977.txt BOARD : planning-board DATE : 2018-09-10 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2018-09-10-agenda-3977.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_09102018-3977 ======================================================================================== ===PAGE 1=== TOWN OF LUNENBURG Office of the Planning Board Gregory Bittner, Chair Tel: (978) 582-4147 ext 5 Matthew Allison, Vice-Chair Fax: (978) 582-4353 Kenneth Chenis, Clerk 960 Massachusetts Avenue David Prokowiew, Member Lunenburg, MA 01462 Tanner Cole, Member Adam R. Burney Land Use Director Marjorie J. Boggio Administrative Assistant NOTICE OF MEETING Monday, September 10, 2018 – 6:30 PM Town Hall, 17 Main Street, Lunenburg, MA In accordance with the requirements of the Open Meeting Law, please be advised that this meeting is being recorded and broadcast over Lunenburg Public Access. REVISED AGENDA 1. ROLL CALL 2. PUBLIC COMMENT 3. EXECUTIVE SESSION Pursuant to G.L. c. 30A, § 21, to discuss strategy with respect to litigation, namely Town of Lunenburg v. Settlers Solar, et al. , Worcester Superior Court Docket No. 1785CV01959 -D, and Settlers Solar, LLC, et al. v. Town of Lunenburg, et al., Land Court Docket No. 17 MISC 000690 (HPS), where an open meeting may have a detrimental effect on the litigating position of the Town.” 4. PUBLIC HEARING: 994 Northfield Road, Settlers Solar LLC (cont’d from 8/27) 5. MINUTES APPROVAL: 8/27/18 994 Northfield Road, 8/27/18 6. COMMITTEE REPORTS: Green Community Task Force, Capital Planning Committee, Storm Water Task Force, Agricultural Commission, MJTC, Open Space Ad Hoc Committee, MRPC, Charter Review Committee 7. DIRECTOR’S ITEMS: Recreational Marijuana Regulations- Discussion of Retail Special Town Meeting- November 13 §250- 6.5. Sign Bylaw §250- 4.15. Solar Energy Systems 8. NOTICES & COMMUNICATIONS 9. MEETING SCHEDULE: All Board meetings are held at Town Hall, 6:30 PM, unless otherwise indicated. September 24- Marijuana Cultivation Discussion October 8 – Columbus Day – no meeting October 22 – Wrap up discussion of Retail and Cultivation 10. PUBLIC COMMENT 11. ONGOING ITEMS: Earth Removal Permitting Asian Imperial Restaurant, 5 & 9 Electric Avenue Village at Flat Hill- Drainage Review & Enforcement Economic Development §250- 8.3.Board of Appeals 12. BOARD COMMENT/CONCERNS 13. ADJOURNMENT ======================================================================================== DOCUMENT : 2018-09-10-minutes-3977.txt BOARD : planning-board DATE : 2018-09-10 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2018-09-10-minutes-3977.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_09102018-3977 ======================================================================================== ===PAGE 1=== TOWN OF L UNENBURG Office of the Planning Board Gregory Bittner, Chair Tel: (978) 582-4147, ext 5 Matthew Allison, Vice Chair Fax: (978) 582-4353 Kenneth Chenis, Clerk 960 Massachusetts Avenue David Prokowiew, Member Lunenburg, MA 01462 Tanner Cole, Member Adam R. Burney Land Use Director Marjorie J. Boggio Administrative Assistant Minutes September 10, 2018 Meeting Posted: Yes Place: Town Hall, 17 Main Street, Lunenburg, MA Time: 6:30 PM Present: Gregory Bittner, Matthew Allison, Kenneth Chenis (left at 10:05 PM), David Prokowiew, Tanner Cole, Adam R. Burney Also Present: Town Counsel Adam Costa D. Prokowiew made a Motion for a five minute recess for the Board Chair to confer with Town Counsel, M. Allison Seconded, all aye. M. Allison made a Motion to enter into Regular Session, K. Chenis Seconded, all aye. Board Chair requested a Motion to enter Executive Session Pursuant to G.L. c. 30A, § 21, to discuss strategy with respect to litigation, namely Town of Lunenbu rg v. Settlers Solar, et al. , Worcester Superior Court Docket No. 1785CV01959 -D, and Settlers Solar, LLC, et al. v. Town of Lunenburg, et al. , Land Court Docket No. 17 MISC 000690 (HPS), where an open meeting may have a detrimental effect on the litigating position of the Town, to enter back into Regular Session. K. Chenis made the Motion to enter Executive Session, Seconded by D. Prokowiew, roll call vote, T. Cole, aye; D. Prokowiew, aye; K. Chenis, aye; M. Allison, aye; G. Bittner, aye. PUBLIC HEARING: 994 Northfield Road, Settlers Solar - see separate minutes. There was dis cussion of construction hours with the agreement being Monday through Friday, 8:00 AM to 5:00 PM, Saturdays 9:00 AM to 2:00 PM, no Sundays or holidays. G. Bittner requested a Motio n to take no action at this point, reconvene at the next Board meeting, and request Town Counsel to prepare a decision, K. Chenis moved the Motion, D. Prokowiew Seconded, all aye. Agenda items taken out of order. ===PAGE 2=== Minutes, 09.10.18 Page 2 Recreational Marijuana Regulations- Retail- There was limited discussion, due to the late hour. Kim Cole, 563 Massachusetts Avenue - Wants prohibition. She realizes she may be in the minority, so regulations need to be in place if prohibition fails. State law requires a 500 foot buffer, but municipalities are allowed to decrease that distance. Whatever the distance may be, she inquired how that distance would be measured. She has viewed the regulations in various communities and notes what some other towns are putt ing in place. E.g., S ecurity plan, operation and maintenance plan, emergency response plan, no drive-up, no walk-up, security lighting, signage. She would like to see it prohibited in all districts as a home occupation. D. Prokowiew inquired as to Boa rd of Health jurisdiction. A. Costa respon ded that adult use marijuana is heavily regulated at the State lev el, which makes it difficult for local communities to set their regulations. The Board of Health can only control issues within its jurisdiction. 9:57 PM - G. Bittner requested a Motion to continue the meeting past the allotted time, D. Prokowiew moved the Motion, M. Allison Seconded, all aye. Both David Rodgers, 82 Highland Street and Katey Adams, Williams Drive would like to see it prohibite d in Lunenburg. The Board emphasized that a regulation needs to be in place in the event prohibition does not pass a town meeting vote. The retail marijuana discussion will continue at the next Board meeting. MINUTES APPROVAL: 8/27/18- D. Prokowiew made a Motion to approve, M. Allison Seconded, G. Bittner abstained due to absence, Motion passed 3-0. 8/27/18, 994 Northfield Road- M. Allison made a Motion to approve, D. Prokowiew Seconded, G. Bittner abstained due to absence, Motion passed 3-0. COMMITTEE REPORTS: Tabled Green Community Task Force- Capital Planning Committee- Storm Water Task Force- Agricultural Commission- MJTC- Open Space Ad Hoc Committee- MRPC- Charter Review Committee- DIRECTOR’S ITEMS: Tabled Special Town Meeting- November 13, 2018- §250- 6.5. Sign Bylaw- §250- 4.15. Solar Energy Systems- ===PAGE 3=== Minutes, 09.10.18 Page 3 MEETING SCHEDULE: September 24- Discussion of Retail Recreational Marijuana Deliberation and vote on Settlers Solar, 994 Northfield Road October 22- Discussion of Marijuana Cultivation ONGOING ITEMS: Tabled Earth Removal Permitting- Asian Imperial Restaurant, 5 & 9 Electric Avenue- Village at Flat Hill, Drainage Review & Enforcement- Economic Development- §250- 8.3. Board of Appeals- BOARD COMMENT/CONCERNS: G .Bittner noted the bins in front of Wal-Mart. Board members would like to review the Board’s Decision. ADJOURNMENT: 10:45 PM Documents used at meeting: Minutes- 8/27/18 8/27/18 994 Northfield Road, Settlers Solar Minutes 2018/09.10.18 ======================================================================================== DOCUMENT : 2018-09-24-agenda-3967.txt BOARD : planning-board DATE : 2018-09-24 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2018-09-24-agenda-3967.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_09242018-3967 ======================================================================================== ===PAGE 1=== TOWN OF LUNENBURG Office of the Planning Board Gregory Bittner, Chair Tel: (978) 582-4147 ext 5 Matthew Allison, Vice-Chair Fax: (978) 582-4353 Kenneth Chenis, Clerk 960 Massachusetts Avenue David Prokowiew, Member Lunenburg, MA 01462 Tanner Cole, Member Adam R. Burney Land Use Director Marjorie J. Boggio Administrative Assistant NOTICE OF MEETING Monday, September 24, 2018 – 6:30 PM Town Hall, 17 Main Street, Lunenburg, MA In accordance with the requirements of the Open Meeting Law, please be advised that this meeting is being recorded and broadcast over Lunenburg Public Access. AGENDA 1. ROLL CALL 2. PUBLIC COMMENT 3. RECREATIONAL MARIJUANA: Public Discussion of Retail 4. MINUTES APPROVAL: 9/10/18 994 Northfield Road, 9/10/18 Executive Session, 9/10/18 5 COMMITTEE REPORTS: Green Community Task Force, Capital Planning Committee, Storm Water Task Force, Agricultural Commission, MJTC, Open Space Ad Hoc Committee, MRPC, Charter Review Committee 6. 994 NORTHFIELD ROAD, SETTLERS SOLAR: Board Deliberations and Vote Plan Endorsement if Approved 7. DIRECTOR’S ITEMS: November 13, Special Town Meeting- Board Warrant Articles and Hearing §250- 6.5. Sign Bylaw §250- 4.15. Solar Energy Systems 8. NOTICES & COMMUNICATIONS 9. MEETING SCHEDULE: All Board meetings are held at Town Hall, 6:30 PM, unless otherwise indicated. October 8 – Columbus Day – no meeting October 22 – ANR Plan, 171 Gilchrest Street Marijuana Cultivation Discussion Hearing for Board Warrant Articles November 5 – Marijuana Processing and Testing Labs Discussion November 26 – Marijuana Craft Cultivator Discussion 10. PUBLIC COMMENT 11. ONGOING ITEMS: Earth Removal Permitting Asian Imperial Restaurant, 5 & 9 Electric Avenue Village at Flat Hill- Drainage Review & Enforcement Economic Development 12. BOARD COMMENT/CONCERNS 13. ADJOURNMENT ======================================================================================== DOCUMENT : 2018-10-22-agenda-3968.txt BOARD : planning-board DATE : 2018-10-22 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2018-10-22-agenda-3968.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_10222018-3968 ======================================================================================== ===PAGE 1=== TOWN OF LUNENBURG Office of the Planning Board Gregory Bittner, Chair Tel: (978) 582-4147 ext 5 Matthew Allison, Vice-Chair Fax: (978) 582-4353 Kenneth Chenis, Clerk 960 Massachusetts Avenue David Prokowiew, Member Lunenburg, MA 01462 Tanner Cole, Member Adam R. Burney Land Use Director Marjorie J. Boggio Administrative Assistant NOTICE OF MEETING Monday, October 22, 2018 – 6:30 PM Town Hall, 17 Main Street, Lunenburg, MA In accordance with the requirements of the Open Meeting Law, please be advised that this meeting is being recorded and broadcast over Lunenburg Public Access. AGENDA 1. ROLL CALL 2. PUBLIC COMMENT 3. ANR PLAN: 171 Gilchrest Street 4. APPOINTMENT: 31 School Street- Request for Site Plan Approval Waiver 5. RECREATIONAL MARIJUANA: Public Discussion of Cultivation 6. SETTLERS SOLAR, 994 NORTHFIELD ROAD: Board Deliberations and Vote Plan Endorsement if Approved 7. PUBLIC HEARING: Board Warrant Articles 8. MINUTES APPROVAL: 9/10/18, Executive Session 9/24/18 9. COMMITTEE REPORTS: Green Community Task Force, Capital Planning Committee, Storm Water Task Force, Agricultural Commission, MJTC, Open Space Ad Hoc Committee, MRPC, Charter Review Committee 10. DIRECTOR’S ITEMS: Open Space Ad Hoc Committee- At Large Member November 13, Special Town Meeting §250- 4.15. Solar Energy Systems 11. NOTICES & COMMUNICATIONS: CPTC Fall 2018 Workshops 12. MEETING SCHEDULE: All Board meetings are held at Town Hall, 6:30 PM, unless otherwise indicated November 5- Public Discussion of Marijuana Processing Facilities and Testing Labs November 13- Special Town Meeting, 7:00 PM November 26 13. PUBLIC COMMENT 14. ONGOING ITEMS: Earth Removal Permitting Village at Flat Hill- Drainage Review & Enforcement Economic Development 15. BOARD COMMENT/CONCERNS 16. ADJOURNMENT ======================================================================================== DOCUMENT : 2018-10-22-agenda-4001.txt BOARD : planning-board DATE : 2018-10-22 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2018-10-22-agenda-4001.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_10222018-4001 ======================================================================================== ===PAGE 1=== Planning Board Meeting- Warrant Article1. ======================================================================================== DOCUMENT : 2018-10-22-minutes-3968.txt BOARD : planning-board DATE : 2018-10-22 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2018-10-22-minutes-3968.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_10222018-3968 ======================================================================================== ===PAGE 1=== TOWN OF L UNENBURG Office of the Planning Board Chair Tel: (978) 582-4147, ext 5 Matthew Allison, Vice Chair Fax: (978) 582-4353 Kenneth Chenis, Clerk 960 Massachusetts Avenue David Prokowiew, Member Lunenburg, MA 01462 Tanner Cole, Member Adam R. Burney Land Use Director Marjorie J. Boggio Administrative Assistant Minutes October 22, 2018 Meeting Posted: Yes Place: Town Hall, 17 Main Street, Lunenburg, MA Time: 6:30 PM Present: Matthew Allison, Kenneth Chenis, David Prokowiew, Tanner Cole, Adam R. Burney Also Present: Adam Costa, Town Counsel ANR PLAN: 171 Gilchrest Street - Applicant Kevin Hill was represented by Jamie Rheault, Whitman & Bingham Associates. This ANR Plan was previously presented at the August 27 , 2018 Board meeting. At that time it was determined that all the procedural prerequisites had not been completed; a purchase and sales agreement required signatures. That P&S has now been signed allowing the Applicant to move forward with the ANR submit tal. Once the Plan is endorsed by the Board, a land swap will take place between the Applicant and Lunenburg. Parcel A of 2.33 acres will be deeded to Lunenburg. The Applicant had previously appeared before the Zoning Board for a dimensional variation for a parcel to be deeded directly to the Town. That was denied by the Zoning Board of Appeals. Parcel A contains the same amount of area as the parcel that was denied. A conservation restriction will be placed on the remaining land. No structures will be allowed on the portions of land in the conservation restriction. The Town is deeding a 20 foot wide access easement to the Applicant. The Planning Office will retain the ANR Plan until closing. K. Chenis made Motion to endorse the ANR Plan, D. Prokowiew Seconded, all aye. 31 School Street, Request for Waiver - The Zoning Board of Appeals granted a special permit for a single family house. This triggers site plan approval through the Planning Board. Robert Doolittle, on behalf of his in-laws, Donald and Carroll Routh, requested a waiver from site plan approval under Section 250 - 8.4. of the Code of the Town of Lunenburg, MA. K. Chenis made Motion to approve the request for waiver of site plan approval for 31 School Street, D. Prokowiew Seconded, all aye. RECREATION MARIJUANA REGULATIONS: Cultivation - A. Burney provided an update of the on -going process of how to regulate non -medical marijuana. The Board is looking at how to shape, manage and regulate any marijuana business that comes to Lunenburg. In Lunenburg all medical cultivation will be required to be indoors. Jim Laveck, 33 Lancaster Avenue- Does Chapter 40A note distinction between medical and non-medical marijuana? No – marijuana does not qualify as an agricultural product or for pro tection under Chapter 40A, Section 3., Exemptions from Zoning Regulations. ===PAGE 2=== Minutes, 10.22.18 Page 2 Kim Cole, 563 Massachusetts Avenue - Requested the Board, in the crafted bylaw, emphasize waste disposal of outdated/damaged product, energy and water use to facilities, and no pesticides. The Board needs to think about where and how they want to allow cultivation ; both outdoors and indoors, just one or the other? K. Chenis wants indoors only; outdoors would be too difficult to regulate. He also doesn’t want to tie it to agriculture. Both D. Prokowiew and K. Chenis feel it should be located in industrial areas, not residential or farmland. A. Burney noted one of the issues with industrial is that some of the Town’s industrial area has neither Town sewer nor water. M. Allison noted that preferred locations noted by the survey respondents, in order of importance, were firstly office park/industrial, commercial and lastly outlying. T. Cole inquired if indoor, and industrially located, would there still be concern with lot sizes. A. Burney – probably not, but still be concerned with setbacks f rom residential properties. T. Cole went on to ask if there are any parcels in the Industrial District large enough to meet a 500 foot setback. D. Prokowiew voiced concern with volatiles. A. Burney responded that would undoubtedly come under the jurisdiction of the Fire Department and possibly Board of Health. Chriztine Foltz, 284 Lancaster Avenue- Feels the Board should take into consideration that some residents have large parcels and they might want to put a portion into agriculture for a small commercial production. A licensee may have three licenses, but the total canopy of the licenses added together may not exceed 100,000 square feet. Tier 1 is up to 5,000 square feet. K. Chenis inquired if the Board can regulate below 5,000 square feet. Town Counsel A. Costa stated that the Tiers exist for licensing purposes under the State regulations. The Board can place restrictions on the size of a facility. Katey Adams, Williams Drive- Marijuana should not get any special considerations, e.g., allowing smaller facilities in random locations. T. Cole- Focus on locating in industrial areas. He is opposed to small cultivation. 994 NORTHFIELD ROAD, SETTLERS SOLAR: Board Deliberations and Vote- Plan Endorsement if Approved- K. Chenis noted that in light of the new information received regarding the resignation of G. Bittner, Board Chair, amendments would have to be made to the Board’s Decision to delete G. Bittner as a signatory. A. Burney requested that the Decision be amended to include the requirement for a n in -house pre-construction meeting between the Applicant, property owner, and various Town departments. K. Chenis made a Motion to grant the spe cial permit with conditions noted in the draft Decision with amendments to add Condition #20 requiring a pre -construction meeting with th e Land Use Director, DPW, Fire Chief and Police Chief to review and agree on construction details, and to modify the De cision to remove G. Bittner as signatory. Attorney Rob Bowen, representing the Applicant, noted a point of order. Board members noted that the Hearing was closed. Town Counsel A. Costa suggested to the Board that as this was a remand, the point of ord er be allowed , especially if it involved clarification of the Decision. Attorney Bowen was seeking clarification of the Motion inquiring if the Board intended to address the stormwater permit. A. Burney responded that there will be a separate Motion on that permit. ===PAGE 3=== Minutes, 10.22.18 Page 3 The above Motion failed for lack of a Second. The special permit requires a super majority vote and the site plan approval, a simple majority. As there are currently only four members, all four would need to support the approval. K. Chenis retracted his Motion. T. Cole wanted to continue deliberation, as abutters had previously voiced concern with aesthetics /lack of buffer. D. Prokowiew inquired if a condition could be put in place that would make the Decisio n acceptable to T. Cole. D. Prokowiew went on to note that the Board has the ability to change the buffer distance. A. Costa informed the Board that they can reject, modify, add new, or accept the current Conditions. He went on to emphasize that the Applicant had previously expressed that the project would not be viable at less than 5.8 MW. M. Allison inquired if the Board could Condition a third party appraisal to determine if the project is not viable at less than 5.8 MW. A. Costa responded that the Board does not have that discretion under Chapter 40A; the Board has to focus on the bylaw and not economic viability. D. Prokowiew asked K. Chenis if he was willing to re-motion his previous Motion. K. Chenis made a Motion to grant the special permit and site plan approval with conditions noted in the draft Decision with amendments to add Condition #20 requiring a pre -construction meeting with the Land Use Director, DPW, Fire Chief and Police Chief to review and agree on construction details, and to modify the Decision to remove G. Bittner as signatory; Seconded by D. Prokowiew. A. Costa recommended the Board take the Motions separately as the special permit requires a unanimous vote and the site plan approval, a 3-1 vote. K. Chenis amended his Motion to grant just the special permit, Seconded by D. Prokowiew, all aye . K. Chenis made a Motion to approve the site plan approval as documented, Seconded by D. Prokowiew, all aye. A stormwater special permit decision will be prepared based on this evenin g’s discussion. K. Chenis noted that previous review by Graves Engineering Inc. stated that the stormwater calculations and documentation were compliant with the State requirements. He noted that he would not move to approve without significant condition s regarding control of runoff. A. Costa recommended that Board have a written decision in front of it before taking a vote. M. Allison inquired of the Applicant if there was any objection with waiting until the Board’s next meeting of November 5. Attorney Bowen was agreeable as long as it not go past the November 5th meeting. PUBLIC HEARING: Board Warrant Articles - see separate minutes . K. Chenis made Motion to approve the five (5) article amendments as documented and to make minor changes on town me eting floor, Seconded by T. Cole, all aye. MINUTES APPROVAL: 9/10/18, Executive Session- K. Chenis made Motion to approve, D. Prokowiew Seconded, all aye. 9/24/18- D. Prokowiew made Motion to approve, T. Cole seconded, K. Chenis abstained, all aye. COMMITTEE REPORTS: Green Community Task Force- no report Capital Planning Committee- Met October 16. Discussion of setting up spreadsheets and Google Drive access. Storm Water Task Force- Meeting this week. Agricultural Commission- Met October 18. Two prospective Commission applicants attended to gain Commission approval to be presented to the Board of Selectmen. Farmers’ Market has relocated to the Dragonfly Café through the end of November/December. ===PAGE 4=== Minutes, 10.22.18 Page 4 MJTC- Met October 10. A new infrastructure program will become effective in November - Safe Route to School. The program encompasses a radius of two (2) miles within K – 8 schools and can include sidewalks, bike paths, etc. To apply, a school must participate in the Safe Route to School program. Next meeting will be held November 14. There was discussion of revising the evaluation criteria that goes into the TIP (Transportation Improvement Program). Open Space Ad Hoc Committee- Meeting October 24. A charrette was held last week to provide an update to the public on progress made towards the Open Space and Recreation Plan. MRPC- no meeting Charter Review Committee- No update DIRECTOR’S ITEMS: Open Space Ad Hoc Committee - At Large Member- The current member composition of the Committee is three At Large, one Planning Board, two Conservation, and one Parks. The Conservation Commission has not expressed an interest in filling the second position and the Committee wishes to change that vacant position to another At Large. David Passios inquired as to the appointing authority for the Committee. A. Burney responded as this is an ad hoc committee under the Planning Board, the Planning Board is the appointing authority. D. Prokowiew made Motion to change the membership to a llow one more At Large representative and remove one Conservation representative, Seconded by K. Chenis, all aye. Special Town Meeting- November 13, 2018- Five Board articles will be on the warrant. §250- 4.15. Solar Energy Systems- no update NOTICES & COMMUNICATIONS: CPTC Fall 2018 Workshops- Noted to Board members. MEETING SCHEDULE: November 5, 2018- Processing, and Testing Labs November 13, 2018- Special Town Meeting November 26, 2018- Craft Cultivator PUBLIC COMMENT: Katey Adams- Wants to make sure citizens understand the marijuana article. ONGOING ITEMS: Earth Removal Permitting- no update Village at Flat Hill, Drainage Review & Enforcement - Some of the vegetation around the edges has been removed. A. Burney will follow up regarding documentation. Economic Development - Town/Business Partnership meeting will be held October 25 , 5:00 PM, Town Hall to review draft brochures. ADJOURNMENT: D. Prokowiew made a Motion to adjourn, K. Chenis, all aye. Adjourned 9:40 PM. Documents used at meeting: Minutes- 9/10/18 Executive Session 9/24/18 ANR Plan, 171 Gilchrest Street Board Decision, Settlers Solar, 994 Northfield Road, DRAFT Minutes 2018/10.22.18 ======================================================================================== DOCUMENT : 2018-10-22-minutes-4001.txt BOARD : planning-board DATE : 2018-10-22 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2018-10-22-minutes-4001.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_10222018-4001 ======================================================================================== ===PAGE 1=== TOWN OF LUNENBURG Office of the Planning Board Chair Tel: (978) 582-4147, ext 5 Matthew Allison, Vice-Chair Fax: (978) 582-4353 Kenneth Chenis, Clk. 960 Massachusetts Avenue David Prokowiew, Mbr. Lunenburg, MA 01462 Tanner Cole, Mbr. Adam R. Burney Land Use Director Marjorie J. Boggio Administrative Assistant Minutes Public Hearing Town Meeting Warrant Articles October 22, 2018 Posted: Yes Place: Town Hall, 17 Main Street, Lunenburg, MA Time: 8:30 PM Present: Matthew Allison, Kenneth Chenis, David Prokowiew, Tanner Cole, Adam R. Burney The Hearing was to make alterations to Code of the Town of Lunenburg, (i) Article II Definitions, Section 250- 2.1., (ii) Article IV Use Regulations, Section 250- 4.1., Permitted and Prohibited Uses; (iii) Article IV Use Regulations, Section 250- 4.15., Temporary Moratorium on Sale and Distribution of Recreational Marijuana; (iv) Article VI, 250- 6.5., Signs; and (v) Article VIII Administration, Section 250 - 8.3., Board of Appeals. Notices were sent to abutting towns, cities, agencies and Town departments. The Planning Board is submitting five articles for November 2018 Special Town Meeting. (Complete texts for all Planning Board Articles are on file in the Planning Office.) (i) (Article 14- numbered as such on the draft warrant) – Modifies 250- 2.1., by deleting definitions for Assisted Living Residence; Bed and Breakfast or Bed and Breakfast Esta blishment; Car Wash; Gasoline Station/Service Station or Filling Station; Hotel, Inn, Tourist Home or Lodging Hou se; Kennel; Office Park; Professional Building; Rooming House or Boarding House; Shopping Center; and Townhouse. This Article deletes definitions from 2.1 that are duplicated in the Use Table in 4. 1. K. Chenis made Motion to accept, Seconded by D. Prokowiew, all aye. David Passios, 56 Whiting Street, noted a point of order that the Board cannot vote to accept until the Hearing is closed. K. Chenis retracted his Motion. (ii) (Article 15- numbered as such on the draft warrant) – Modifies §250- 4.1.G by inserting the letter “Z” after “SP” for Single and Two-Family Dwelling Uses in the Village Center District and deleting Note 3. This Article makes modifications to 4.1.H(4) and 4.1.H(5) of the Us e Table. K. Chenis questioned if 4.1.N(3), Earth Removal SP (special permit) should come under the Board of Selectmen. Also 4.1.N(5) Veterinary Hospital specifies a SP in the Tri Town Smart Growth District. These two items will be amended on town meetin g floor to add Board of Selectmen to 4.1.N(3) and remove Veterinary Hospital from the Tri Town Smart Growth District. ===PAGE 2=== Minutes, TM Warrant Articles, 10.22.18 Page 2 (iii) (Article 16- numbered as such on the draft warrant) – Modifies §250- 4.15.C by deleting November 30, 2018 and inserting May 31, 2019 and §250- 4.15.D by inserting “the remaining portions shall remain in full force and effect.” This Article extends the moratorium on the sale and distribution of recreational marijuana to May 31, 201 9. This will allow the Board time to finalize its current planning process. Carl Luck, 50 Sunset Lane- Inquired as to the work accomplished by the Board since this Bylaw was put in place in May 2017. Board members noted the public survey, public prese ntations at Board meetings, and awaiting the State regulations. C. Luck is of the opinion that by the time a bylaw is in place, the marijuana market will have passed by and it will be too late for the Town to gain any economic benefits. Katey Adams, Wi lliams Drive- Noted that Question 4 of the November 2016 State ballot was to legalize marijuana and she is of the opinion that some people may have voted yes simply because they wanted it decriminalized. She does not support the Town growing its economy on drug use. (iv) ( Article 13- numbered as such on the draft warrant) - Modifies §250- 6.5.E(1) by inserting the words “a home occupation per §250 - 4.2.(4) or” and §250 - 6.5.F by inserting §250 - 6.5.F(4) to allow some signs By -Right in Commercial Districts. This Article will be beneficial for existing small businesses. 6.5.F(4) will allow one free-standing sign of twelve square feet or less , twenty-five (25) feet from the front property line , and twenty (20) feet from the side property line. The sign shall not be lighted. If dimensions are other than those noted or the sign is to be li ghted, it would require site plan approval. Jim Laveck, Lancaster Avenue - Asked why no lighting. A. Burney responded that it could be unsafe for passing traffic or have unintended consequences. David Passios- inquired if the street offsets are from the center of the road. A. Burney responded edge of right -of- way. (iv) ( Article 12- numbered as such on the draft warrant) - Modifies §250- 8.3.C(1) by inserting the number 9 and deleting §250- 8.3.C.(3) and (4) and renumbering §250-8.3.C(5) as §250-8.3.C.(3). This Article will clean up 8.3. for special permits to make the Planning Board’s timeline identical to those of the Commonwealth’s statute. Under this change, C(1) will specify that the Board of Appeals shall act in accordance with MGL c. 40A, §§ 9, 11, 14, 15 and 16. David Passios- Inquired if this Article was different than that voted down at Town Meeting May 2018. It was not, and A. Burney felt he may no t have made the case sufficiently to provide justification as to why the Bylaw should be altered. D. Passios felt it was inappropriate that this comes up a second time. K. Chenis made a Motion to close the Hearing, Seconded by T. Cole, all aye. Hearing closed 9:09 PM. Documents used at hearing: Zoning Warrant Articles Minutes/public hearings 2018/TM Warrant Article 10.22.18 ======================================================================================== DOCUMENT : 2018-11-05-agenda-3969.txt BOARD : planning-board DATE : 2018-11-05 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2018-11-05-agenda-3969.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_11052018-3969 ======================================================================================== ===PAGE 1=== TOWN OF LUNENBURG Office of the Planning Board Chair Tel: (978) 582-4147 ext 5 Matthew Allison, Vice-Chair Fax: (978) 582-4353 Kenneth Chenis, Clerk 960 Massachusetts Avenue David Prokowiew, Member Lunenburg, MA 01462 Tanner Cole, Member Adam R. Burney Land Use Director Marjorie J. Boggio Administrative Assistant NOTICE OF MEETING Monday, November 5, 2018 – 6:30 PM Town Hall, 17 Main Street, Lunenburg, MA In accordance with the requirements of the Open Meeting Law, please be advised that this meeting is being recorded and broadcast over Lunenburg Public Access. AGENDA 1. BOARD REORGANIZATION 2. PUBLIC COMMENT 3. ANR PLAN: 83 & 99 Oak Avenue 4. RECREATIONAL MARIJUANA: Public Discussion of Processing Facilities Public Discussion of Testing Labs 5. SETTLERS SOLAR, 994 NORTHFIELD ROAD: Stormwater Permit 6. MINUTES APPROVAL: 10/22/18 10/22/18 Board Warrant Articles 7. COMMITTEE REPORTS: Green Community Task Force, Capital Planning Committee, Storm Water Task Force, Agricultural Commission, MJTC, Open Space Ad Hoc Committee, MRPC, Charter Review Committee 8. DIRECTOR’S ITEMS: Open Space Ad Hoc Committee- Appointment of At Large Member November 13, Special Town Meeting §250- 4.15. Solar Energy Systems 9. NOTICES & COMMUNICATIONS: 10. MEETING SCHEDULE: All Board meetings are held at Town Hall, 6:30 PM, unless otherwise indicated November 13- 6:45 PM, Middle/High School, Board Meeting prior to Special Town Meeting, 7:00 PM November 20- Joint w/Board of Selectmen November 26- Marijuana Craft Cultivator 11. PUBLIC COMMENT 12. ONGOING ITEMS: Earth Removal Permitting Village at Flat Hill- Drainage Review & Enforcement Economic Development 13. BOARD COMMENT/CONCERNS 14. ADJOURNMENT ======================================================================================== DOCUMENT : 2018-11-05-minutes-3969.txt BOARD : planning-board DATE : 2018-11-05 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2018-11-05-minutes-3969.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_11052018-3969 ======================================================================================== ===PAGE 1=== TOWN OF L UNENBURG Office of the Planning Board Chair Tel: (978) 582-4147, ext 5 Matthew Allison, Vice Chair Fax: (978) 582-4353 Kenneth Chenis, Clerk 960 Massachusetts Avenue David Prokowiew, Member Lunenburg, MA 01462 Tanner Cole, Member Adam R. Burney Land Use Director Marjorie J. Boggio Administrative Assistant Minutes November 5, 2018 Meeting Posted: Yes Place: Town Hall, 17 Main Street, Lunenburg, MA Time: 6:30 PM Present: Matthew Allison, David Prokowiew, Tanner Cole, Adam R. Burney Absent: Kenneth Chenis BOARD REORGANIZATION: Board consensus was to put reorganization on hold until a fifth member has been voted on to the Board. ANR PLAN: 83 & 99 Oak Avenue - Seth Donahoe, Ducharme & Dillis, presented the A NR Plan on behalf of the applicant. Plan conveys Parcel A of 4,500 s.f. to 99 Oak Avenue and Parc el B of 7,350 s.f. to 83 Oak Avenue. D. Prokowiew made Motion to endorse the Plan, T. Cole Seconded, all aye. RECREATIONAL MARIJUANA REGULATIONS: Processing Facilities- A. Burney explained that these facilities take the marijuana plant and transform it into other products such as candies, cookies, sodas, oils, tinctures, concentrates, etc. Testing Labs- These are independent laboratories charged with testing the products from cultivators and processing facilities to ensure they are free of pesticides, fungi, etc., and safe for consumption and retail. A. Burney believed that processing facilities should be considered industrial. He noted that an individual that spoke at the last Board meeting inquired as to small scale growth and processing. A. Burney responded that the Cannabis Control Commission (CCC) is trying to focus on local small business as the mainstay of this industry. Currently the Board needs to determine the zoning locations for large scale; further down the road the Board can determine how to handle smaller sizes. Both M. Allison and D. Prokowiew agreed that the industrial zoning sounded reasonable. There is quite a bit of industrial zoning at the Lancaster Shirley town line. A. Burney s uggested that testing labs should also be placed in industrial zoning; possibly commercial. T. Cole was also in favor of industrial over commercial. A. Burney asked the Board members if they wanted any s pecial conditions , e.g., setbacks similar to those in retail. M. Allison noted possible exhaust from these facilities. D. Prokowiew questioned if the waste from the processing facilities would be considered hazardous. Would grease traps be required , and if so, would this be the Board’s responsibility. A. Burney responded that could be included in the design requirements as applications will still have to go through the permitting process. ===PAGE 2=== Minutes, 11.05.18 Page 2 There was no public comment regarding the marijuana discussion. 994 NORTHFIELD ROAD, SETTLERS SOLAR: Stormwater Permit- The project was approved at the October 22 nd Board meeting. Tonight the Board has a draft decision for a Stormwater Special Permit. Board members had previously voiced concerns regarding the impact of stormwater along the rear property lines of the abutters to the south of the site. The Board was looking for an extensio n of the erosion control barrier. The Board wants to ensure that the project will be monitored throu ghout construction. A. Burney informed the Board that the Conservation Commission has retained the services of Thomas Christopher from Lancaster for its review process and he recommended the Board utilize this same individual. T. Christopher has experience with review ing and monitoring similar sites. This will be e fficient and convenient for both the Applicant and the Town. This will be included in the Stormwater Special Permit Decision. The draft decision will be edited and finalized to include recommendations of Town Counsel. D. Prokowiew made Motion to accept the special permit dated November 5, 2018 with edits as discussed, T. Cole Seconded, all aye. MINUTES APPROVAL: 10/22/18- D. Prokowiew made Motion to approve, T. Cole Seconded, all aye. 10/22/18, Board Warrant Articles- D. Prokowiew made Motion to approve, T. Cole Seconded, all aye. COMMITTEE REPORTS: Green Community Task Force - No report due to resignation of G. Bittner. A Board reappointment is not required as this is strictly a liaison position. Once there is a full complement of Board members, a decision will be made if to continue the liaison position. Capital Planning Committee- Meeting November 6th. Storm Water Task Force - Discussion of best management practices. The Task Force did not receive the 319 Grant for the upper Mulpus. Agricultural Commission- No meeting MJTC- No report Open Space Ad Hoc Committee- Meeting November 7th. MRPC- GIS (Geographic Information System) presentation given; Lunenburg still has eight free ho urs of GIS work available. T. Cole suggested a cemetery mapping application. The Cemetery Commission could utilize the application to identify plots with the end goal of plot identification being available to the public on the Town’s website. The eight hours expires the end of this calendar year. Charter Review Committee- no report. A. Burney noted there is an article on the Special Town Meeting warrant for a report from the Committee. DIRECTOR’S ITEMS: Open Space Ad Hoc Committee - At Large Member - The composition of the Committee has changed; a Conservation Commission seat has been exchanged for an At-Large. The Board has a Talent Bank Form from Ashley Maillet for that position. D. Prokowiew made Motion to appoint Ashley Maillet to the At -Large position, T. Cole Seconded, all aye. Special Town Meeting- November 13, 2018- §250- 4.15. Solar Energy Systems- ===PAGE 3=== Minutes, 11.05.18 Page 3 MEETING SCHEDULE: November 13- 6:45 PM Board meeting prior to 7:00 PM Special Town Meeting November 20- Tentative Joint with Board of Selectmen for Board Member appointment . T. Cole inquired if there would be an interview process. November 26- Craft Cultivator – public discussion PUBLIC COMMENT: Katey Adams, Williams Drive- Likes to see consistency in government. Would like to see the same appointing process every time. She wants to ensure that at the Special Town Meeting, the citizens understand that the marijuana moratorium article is only a vote for additional time; not a “yes” or “no” vote for marijuana. ONGOING ITEMS: Earth Removal Permitting- A. Burney working on draft. Village at Flat Hill, Drainage Review & Enforcement- Economic Development- BOARD COMMENT/CONCERNS: D. Prokowiew- Noted there are many different opinions as to the marijuana status in T own. He re-read the 2016 ballot question #4, and wanted to clarify it to the public. D. Prokowiew - Individuals still parking in a prohibited area at Asian Imperial. A. Burney will speak to the DPW Director. ADJOURNMENT: D. Prokowiew made Motion to adjourn, T. Cole Seconded, all aye. Adjourned 7:32 PM. Documents used at meeting: Minutes- 10/22/18 10/22/18, Board Warrant Articles ANR Plan, 83 & 99 Oak Avenue DRAFT Stormwater Permit, Settlers Solar, 994 Northfield Road Minutes 2018/11.05.18 ======================================================================================== DOCUMENT : 2018-11-13-agenda-3970.txt BOARD : planning-board DATE : 2018-11-13 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2018-11-13-agenda-3970.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_11132018-3970 ======================================================================================== ===PAGE 1=== TOWN OF LUNENBURG Office of the Planning Board Chair Tel: (978) 582-4147 ext 5 Matthew Allison, Vice-Chair Fax: (978) 582-4353 Kenneth Chenis, Clerk 960 Massachusetts Avenue David Prokowiew, Member Lunenburg, MA 01462 Tanner Cole, Member Adam R. Burney Land Use Director Marjorie J. Boggio Administrative Assistant NOTICE OF MEETING Tuesday, November 13, 2018 – 6:45 PM Lunenburg Middle/High School 1025 Massachusetts Avenue Lunenburg, MA AGENDA Discussion of Board Articles for Special Town Meeting ======================================================================================== DOCUMENT : 2018-11-20-agenda-3971.txt BOARD : planning-board DATE : 2018-11-20 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2018-11-20-agenda-3971.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_11202018-3971 ======================================================================================== ===PAGE 1=== TOWN OF LUNENBURG Office of the Planning Board Chair Tel: (978) 582-4147 ext 5 Matthew Allison, Vice-Chair Fax: (978) 582-4353 Kenneth Chenis, Clerk 960 Massachusetts Avenue David Prokowiew, Member Lunenburg, MA 01462 Tanner Cole, Member Adam R. Burney Land Use Director Marjorie J. Boggio Administrative Assistant NOTICE OF MEETING Tuesday, November 20, 2018 – 7:05 PM Town Hall, 17 Main Street, Lunenburg, MA In accordance with the requirements of the Open Meeting Law, please be advised that this meeting is being recorded and broadcast over Lunenburg Public Access. AGENDA Roll Call Joint Meeting with Board of Selectmen to Interview Prospective Board Applicant(s) and Vote on Planning Board Appointment Adjournment ======================================================================================== DOCUMENT : 2018-11-20-minutes-3971.txt BOARD : planning-board DATE : 2018-11-20 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2018-11-20-minutes-3971.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_11202018-3971 ======================================================================================== ===PAGE 1=== TOWN OF L UNENBURG Office of the Planning Board Chair Tel: (978) 582-4147, ext 5 Matthew Allison, Vice Chair Fax: (978) 582-4353 Kenneth Chenis, Clerk 960 Massachusetts Avenue David Prokowiew, Member Lunenburg, MA 01462 Tanner Cole, Member Adam R. Burney Land Use Director Marjorie J. Boggio Administrative Assistant Minutes November 20, 2018 Meeting Posted: Yes Place: Town Hall, 17 Main Street, Lunenburg, MA Time: 7:14 PM Present: Matthew Allison, Kenneth Chenis, David Prokowiew, Tanner Cole, Adam R. Burney Also Present: Select Board members Jamie Toale, Bob Ebersole, Damon McQuaid, Katey Adams Joint meeting with the Board of Selectmen to interview prospective candidate and vote on appointment to the Planning Board. Candidate Paula Bertram stated that while she was serving on the Select Board, she became interested in seeing how the planning process work ed through the Planning Board. She feels it is an extremely role in the Town. She noted her prior work background with the Board of Health, working with plans and how various Boards/Commissions work together. She feels she would be an asset to the Board and wishes to continue to serve the Town. B. Ebersole pointed out that this appointment will be until May 2019 elections. K. Adams noted the lengthy process she went through when she applied for a prior Planning Board vacancy , to include separate interviews with both Boards, and felt there was a lack of consistency in the process. B. Ebersole made Motion t o appoint Paula Bertram to serve until the next election , D. McQuaid Seconded, Vote 8-0 in favor by a show of hands. T. Cole made Motion to adjourn Planning Board meeting, D. Prokowiew Seconded, all aye. Adjourned 7:20 PM Minutes 2018/11.20.18 ======================================================================================== DOCUMENT : 2018-11-26-agenda-3976.txt BOARD : planning-board DATE : 2018-11-26 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2018-11-26-agenda-3976.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_11262018-3976 ======================================================================================== ===PAGE 1=== TOWN OF LUNENBURG Office of the Planning Board Chair Tel: (978) 582-4147 ext 5 Matthew Allison, Vice-Chair Fax: (978) 582-4353 Kenneth Chenis, Clerk 960 Massachusetts Avenue David Prokowiew, Member Lunenburg, MA 01462 Tanner Cole, Member Adam R. Burney Land Use Director Marjorie J. Boggio Administrative Assistant NOTICE OF MEETING Monday, November 26, 2018 – 6:30 PM Town Hall, 17 Main Street, Lunenburg, MA In accordance with the requirements of the Open Meeting Law, please be advised that this meeting is being recorded and broadcast over Lunenburg Public Access. REVISED AGENDA 1. BOARD REORGANIZATION 2. ROLL CALL 3. PUBLIC COMMENT 4. ANR PLANS: 380 Electric Avenue 388 & 390 Goodrich Street 5. APPOINTMENT: 651 Chase Road- NuGen Pre-Submission Discussion 6. RECREATIONAL MARIJUANA: Public Discussion of Craft Cultivator 7. MRPC- Permitting Guidebook Discussion 8. MINUTES APPROVAL: 11/05/18 11/20/18 9. COMMITTEE REPORTS: Green Community Task Force, Capital Planning Committee, Storm Water Task Force, Agricultural Commission, MJTC, Open Space Ad Hoc Committee, MRPC, Charter Review Committee 10. DIRECTOR’S ITEMS: §250- 4.15. Solar Energy Systems 11. NOTICES & COMMUNICATIONS: 12. MEETING SCHEDULE: All Board meetings are held at Town Hall, 6:30 PM, unless otherwise indicated December 10- Marijuana Transporter January 14 January 28 13. PUBLIC COMMENT 14. ONGOING ITEMS: Earth Removal Permitting Village at Flat Hill- Drainage Review & Enforcement Economic Development 15. BOARD COMMENT/CONCERNS 16. EXECUTIVE SESSION : Pursuant to M.G.L. c. 30A, §21, #3, to discuss strategy with respect to litigation, where an open meeting may have a detrimental effect on the government’s litigating position, and the Chair so declares, namely O’Brien Homes Inc. et al v. Town of Lunenburg et al., Land Court Docket Nos. 13-MISC-477878 to 13 -MISC- 477887 and O’Brien Homes, Inc. v. Town of Lunenburg Planning Board, et al., Appeals Court Docket No. 2018 -P- 1520. 17. ADJOURNMENT ======================================================================================== DOCUMENT : 2018-11-26-agenda-3989.txt BOARD : planning-board DATE : 2018-11-26 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2018-11-26-agenda-3989.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_11262018-3989 ======================================================================================== ===PAGE 1=== Planning Board Meeting- O'Brien1. ======================================================================================== DOCUMENT : 2018-11-26-minutes-3976.txt BOARD : planning-board DATE : 2018-11-26 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2018-11-26-minutes-3976.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_11262018-3976 ======================================================================================== ===PAGE 1=== TOWN OF L UNENBURG Office of the Planning Board Matthew Allison, Chair Tel: (978) 582-4147, ext 5 David Prokowiew, Vice Chair Fax: (978) 582-4353 Kenneth Chenis, Clerk 960 Massachusetts Avenue Tanner Cole, Member Lunenburg, MA 01462 Paula Bertram, Member Adam R. Burney Land Use Director Marjorie J. Boggio Administrative Assistant Minutes November 26, 2018 Meeting Posted: Yes Place: Town Hall, 17 Main Street, Lunenburg, MA Time: 6:30 PM Present: Matthew Allison, Kenneth Chenis, David Prokowiew, Tanner Cole, Paula Bertram, Adam R. Burney BOARD REORGANIZATION: Chair- K. Chenis made Motion to elect M. Allison as Board Chair, Seconded by D. Prokowiew, all aye. Vice Chair- K. Chenis made Motion to elect D. Prokowiew as Vice Chair, Seconded by P. Bertram, all aye. Clerk- D. Prokowiew made Motion to elect K. Chenis as Clerk, Seconded by P. Bertram, all aye. ANR PLANS: 380 Electric Avenue - Plan presented by Greg Roy, Ducharme & Dillis, on behalf of applicant/property owner s Daniel and Jean Proctor. As a result of sewer concerns when the property owners were before the Board for the car wash project, the properties at that time were consolidated into one. They have now been approached by a developer desiring to use the por tion of their land where the retail store is located for a doughnut shop and gas station. The owners have already been before the Zoning Board of Appeals for special permits. The ANR Plan subdivides the one lot into two. The current car wash and excavation business will be located on Lot 1, and Lot 2 will be for the new project. Lot 2 would probably be sold to the prospective developer. This new configuration complies with the sewer regulations. 380 (car wash) and 390 ( “red” building) have one sewer l ine; this will remain on Lot 1. The retail store at 400 Electric Avenue connects through Dana Street. Board members noted that the pump station is approximately 18 feet from the proposed property line and would be located within the 20 foot setback. G. Roy was unsure as to whether the plan was showing the full pump station pad or just the structure itself. Endorsing the Plan would create a nonconformity. G. Roy to investigate. 388 and 390 Goodrich- Plan presented by Russell Wilson, R. Wilson and Asso ciates, on behalf of the applicant/owners William Chisolm and Kim Tarky. The Plan changes the lot line separating the existin g Lots 1 and 2 to form Lots 1A and 2A. Both lots are owned by the applicant. P. Bertram inquired of the ANR process prior to Board presentation. Plans are received in the Planning Office two weeks prior to the scheduled Board meeting. During those two weeks plans are distributed to various Town departments/offices for comment. The 21 -day clock commences when the Plan is formally presented before the Board. K. Chenis made Motion to endorse the ANR Plan, Seconded by D. Prokowiew, all aye. ===PAGE 2=== Minutes, 11.26.18 Page 2 APPOINTMENT: 651 Chase Road - NuGen Pre -Submission Discussion: NuGen was represented by David Milner and Aaron Ru st. NuGen currently owns both the land and the solar fi eld at 651 Chase Road. NuGen was approached by UNITIL with a feeder issue into the substation. The substation was getting back-feed from too much solar. There is a new program in the Commonwealth hosted by the Clean Energy Center giving grants to test the use of batteries. UNITIL asked NuGen if it was interested in hosting a battery at its Chase Road site. The proposed project would be to place a battery on site and add solar to it. NuGen is looki ng for input and feedback from the Board. Some of the solar would go on the land NuGen owns and some on a neighboring parcel. The battery would be sized to accommodate both the existing and the new solar. D. Prokowiew inquired if the battery backup and additional solar would require a reassessment of the existing PILOT (Payment in Lieu of Taxes) agreement. A. Burney anticipated that would be up to the Select Board and will mention it to the Town Manager . D. Prokowiew noted he would be focused on wetlan ds, setbacks and buffering. He wants to ensure the neighborhood and environment are protected. P. Bertram inquired as to the extent of expansion. D. Milner responded that the battery size would allow for up to 4 additional MW; the site currently has approximately 3.5 MW. D. Milner wanted the Board to be aware that at this time the engineering has not been done so they are not sure if the site has room for an additional 4 MW. Panels are more efficient now then in 2014; approximately 4.5 acres can fit 1. 2 MW. 4 MW would require less than 20 acres. NuGen owns 110 acres, but a large portion is unusable. The solar is on approximately 20-25 acres. They have an agreement with a neighboring parcel to use 20 of 50 -60 acres. K. Chenis noted he would be okay with an expansion provided it fits into the conservation restrictions on the wetlands . He also would like to see the trails preserved and offered to provide NuGen with the trail locations. He wants information on the solar storage technology regarding th e safety of lithium ion. P. Bertram was in agreement with all previous Board member concerns. She recommended NuGen review any former plans on file with the Conservation Commission. She also questioned why the original application was downsized. D. Mil ner noted that the SMART (Solar Massachusetts Renewable Target) Program has started and stressed that time is of the essence in this process. Board members noted that the existing solar field cannot be seen from Chase Road, but is visible from West Townsend Road. John Whalen, 526 West Townsend Road - Inquired if NuGen’s existing solar fields in Town comply with the Bylaws. He wanted to make sure the Board was aware that the rear of the site on Chase Road is zon ed residential, not commercial. RECREATIONAL MARIJUANA REGULATIONS: Craft Cultivator- This is a sub -set of Cultivators. It would be a cooperative (co-op), LLP or LLC comprised of only Massachusetts residents allowed to cultivate for non -medical adult use and process into other products. The LLP/LLC/co-op is not allowed to sell to consumers, but sells and transports to other marijuana establishments. The license mirrors the cultivation license. Board discussion ensued. K. Chenis was concerned that the co-op could consist of various individuals e.g., growers, packagers, and those members of the LLP/LLC/co-op could be ever-changing. It was noted that all members would have to be approved by the Cannabis Control Commission (CCC). Space would be needed for cultivation and processing. Could there be satellite locations, e.g., Town residents getting licensed under the LLP/LLC/co-op and then allowed to grow on their own property? T. Cole felt that these facilities should go in the same zoning as that discussed under cultivation. K. Chenis opined that the Board needed to distinguish between cultivation and craft cultivator. Kim Cole, 563 Massachusetts Avenue - Noted that the CCC regulations state each individual would be checked by the CCC and have a registration card in their possession. She voiced concern with lobbyists working to have site security determined on a case-by-case basis. ===PAGE 3=== Minutes, 11.26.18 Page 3 P. Bertram wants the Board to have discussions regarding the potential for outdoor satellite sites. She inquired if the Board had reached consensus on whether the ballot would contain individual questions or a single question. (Prior to P. Bertram’s appointment to the Board, t he Board agreed on individual questions for each use. ) As these questions must be placed on the ballot by t he Select Board, both the Town Manager and A. Burney recommend the Planning Board come before the Select Board at its December 11 th workshop for discussion. P. Bertram recommended A. Burney prepare a letter for Planning Board review and then presentation to the Select Board. Discussion will continue at next Board meeting. Katey Adams, Williams Drive - She support s prohibition. Recreational marijuana will negatively impact the Town residents. MRPC- Permitting Guidebook Discussion- Karen Chapman, on behalf of MRPC, noted that MRPC is crafting the guidebook at no expense under DLTA (District Local Technical Assistance). The draft Guidebook had been circulated to various departments/offices/commissions/boards for input. Input was received from the Town M anager’s office, Assessor’s office, Fire Department, and Sewer Commission. Board discussion ensued regarding various edits to the draft Guidebook, e.g., needing permits for demolition of structures, regardless of age of structure; different permitting regulations for land owner/home owner associations, URL for the Zoning Map . D. Prokowiew requested inclusion of pre-submission meeting for Planning Board. K. Chapman will make these edits and others and have a revised Guidebook available for the December 10th Board meeting. MINUTES APPROVAL: 11/05/18- D. Prokowiew made Motion to approve, Seconded by T. Cole, P. Bertram and K. Chenis abstained, vote passed 3-0. 11/20/18- D. Prokowiew made Motion to approve, K. Chenis, P. Bertram abstained, vote passed 4-0. COMMITTEE REPORTS: Green Community Task Force - The Board position to the Green Community Task Force is one of a liaison, not a Board representative. P. Bertram volunteered to be the liaison. K. Chenis made Motion for P. Bertram to be the Board’s liaison, Seconded by D. Prokowiew, all aye. Capital Planning Committee- The Committee has met with both the Fire and Police Departments. Will be meeting next with the DPW. Storm Water Task Force- no report Agricultural Commission- no report MJTC- no report Open Space Ad Hoc Committee- Working on final draft of Open Space and Recreation Plan. MRPC- no report Charter Review Committee- no report. Due to minimal meeting attendance by the current Board representative, T. Cole volunteered to be the Board’s r epresentative. K. Chenis made Motion for T. Cole to be the Board’s representative on the Charter Review Committee, Seconded by D. Prokowiew, all aye. DIRECTOR’S ITEMS: Board members were in agreement with attending the December 11 th Select Board workshop for a short discussion on the marijuana ballot questions. §250- 4.15. Solar Energy Systems- no report ===PAGE 4=== Minutes, 11.26.18 Page 4 MEETING SCHEDULE: December 10-  Public discussion of marijuana craft cultivator and marijuana transporter  Public Hearing for Powell Stone and Gravel January 14- January 28- ONGOING ITEMS: Earth Removal Permitting- no report Village at Flat Hill, Drainage Review & Enforcement - Trustees have complied with Board’s request regarding maintenance of the retention ponds. Economic Development- A. Burney believes the Select Board has set a charge to form an economic development committee. He anticipates a Board member will be requested to sit on this Committee. BOARD COMMENT/CONCERNS: K. Chenis welcomed P. Bertram to the Board. D. Prokowiew noted that illegal parking is still on-going at Asian Imperial Restaurant. EXECUTIVE SESSION: Board Chair M. Allison requested a Motion to enter Executive Session pursuant to M.G.L. c. 30A, §21, #3, to discuss strategy with respect to litigat ion, where an open meeting may have a detrimental effect on the government’s litigating position, and the Chair so declares, namely O’Brien Homes Inc. et al v. Town of Lunenburg et al., Land Court Docket Nos. 13 -MISC-477878 to 13 -MISC-477887 and O’Brien Ho mes, Inc. v. Town of Lunenburg Planning Board, et al., Appeals Court Docket No. 2018 -P-1520, not to enter back into Regular Session. So moved by K. Chenis, Seconded by D. Prokowiew, Roll Call Vote - P. Bertram, aye; T. Cole, aye; D. Prokowiew, aye; K. Chenis, aye; M. Allison, aye. ADJOURNMENT: 9:30 PM Documents used at meeting: Minutes- 11/05/18 11/20/18 ANR Plan, 380 Electric Avenue ANR Plan, 388 & 390 Goodrich Street NuGen Information Brochure Draft Permitting Guidebook Minutes 2018/11.26.18 ======================================================================================== DOCUMENT : 2018-11-26-minutes-3989.txt BOARD : planning-board DATE : 2018-11-26 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2018-11-26-minutes-3989.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_11262018-3989 ======================================================================================== ===PAGE 1=== TOWN OF L UNENBURG Office of the Planning Board Matthew Allison, Chair Tel: (978) 582 -4147, ext 5 David Prokowiew, Vice Chair Fax: (978) 582 -4353 Kenneth Chenis, Clerk 960 Massachusetts Avenue Tanner Cole, Mbr. Lunenburg, MA 01462 Paula Bertram, Mbr. Adam R. Burney Land Use Director Marjorie J. Boggio Administrative Assistant Minutes Executive Session November 26, 2018 Meeting Posted: Yes Place: Town Hall, 17 Main Street, Lunenburg, MA Time: 9:35 PM Present: Matthew Allison, David Prokowiew, Kenneth Chenis, Tanner Cole, Paula Bertram, Adam R. Burney Board Chair M. Allison requested a Motion to enter Executive Session pursuant to M.G.L. c. 30A, §21, #3, to discuss strategy with respect to litigation, where an open meetin g may have a detrimental effect on the government’s litigating position, and the Chair so declares, namely O’Brien Homes Inc. et al v. Town of Lunenburg et al., Land Court Docket Nos. 13-MISC-477878 to 13-MISC-477887 and O’Brien Homes, Inc. v. Town of Lune nburg Planning Board, et al., Appeals Court Docket No. 2018 -P-1520, not to enter back into Regular Session. So moved by K. Chenis, Seconded by D. Prokowiew, Roll Call Vote- P. Bertram, aye; T. Cole, aye; D. Prokowiew, aye; K. Chenis, aye; M. Allison, aye. A. Burney apprised the Board of the current situation. The O’Brien case was split into two; one was the bad faith claim and the second was the subdivision. Final judgment was issued on the subdivision in favor of Mr. O’Brien ; the Town has appealed that Decision to the Appeals Court. Mr. O’Brien’s attorney has approached Town Counsel and asked for a settlement. The proposed settlement would be for the Town to drop its appeal and Mr. O’Brien would drop his bad faith claim. When both Counsels asked the Land Court to stay the proceedings during discussions, the judge denied the request. A trial date has been set for late - January on the bad faith claim. Either one or two Board members are needed to participate in potential voluntary (not court -mandated) settlement discussions. Whoever is selected will not have the authority to make any decisions, but will see if an out -of-court resolution is possible. A member of the Select Board will also participate. As a result of these discussions, the selected Board members will come back to the Planning Board with a potential settlement agreement for Board discussion. The Board will then vote on whether or not to support the settlement agreement. Board discussion ensued. K. Chenis questioned if it would b e possible to change the density of the project during settlement agreements. T. Cole asked if any indication was given as to how lengthy these discussions would be. A. Burney felt that the Board needs to see what the settlement options are. P. Bertram felt that whoever sits in the settlement discussions needs to go in with an understanding of what the Board is willing to accept. Board members suggested the unit count be reduced to comply with the current Bylaw of two acre lots . K. Chenis made Motion t hat T. Cole and D. Prokowiew be the representatives, as available, P. Bertram Seconded, all aye. Either one or both will attend, depending on individual availability. K. Chenis made Motion to exit Executive Session, Seconded by P. Bertram, Roll Call Vote- P. Bertram, aye; T. Cole, aye; D. Prokowiew, aye; K. Chenis, aye; M. Allison, aye. D. Prokowiew made Motion to adjourn, Seconded by K. Chenis, all aye. Adjourned 10:00 PM. ===PAGE 2=== Minutes/executive 2018/06.11.26.18_exec ======================================================================================== DOCUMENT : 2018-12-10-agenda-3972.txt BOARD : planning-board DATE : 2018-12-10 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2018-12-10-agenda-3972.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_12102018-3972 ======================================================================================== ===PAGE 1=== TOWN OF LUNENBURG Office of the Planning Board Chair Tel: (978) 582-4147 ext 5 Matthew Allison, Vice Chair Fax: (978) 582-4353 Kenneth Chenis, Clk. 960 Massachusetts Avenue David Prokowiew, Mbr. Lunenburg, MA 01462 Tanner Cole, Mbr. Land Use Director Adam R. Burney Marjorie J. Boggio Administrative Assistant Town of Lunenburg Public Hearing The Lunenburg Planning Board will hold a Public Hearing on December 10 , 2018, 6:35PM, Joseph Bilott a Meeting Room, Town Hall, 17 Main Street, Lunenburg, MA to hear and discuss an application for Modification to Site Plan Approval under Section 250- 8.4. of the Code of the Town of Lunenburg, MA to permit the current operation of gravel manufacturing and processing at 151 (Map 146, Parcel 27) and 181 (Map 146, Parcel 8) Leominster Shirley Road, Lunenburg, MA. Applicant/Owner is Steven Powell, PSG Realty 393 -435, LLC, 133 Leominster Shirley Road, Lunenburg, MA. Materials are available for viewing at the P lanning Office, 960 Massachusetts Avenue, Lunenburg, MA 01462. ======================================================================================== DOCUMENT : 2018-12-10-agenda-3973.txt BOARD : planning-board DATE : 2018-12-10 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2018-12-10-agenda-3973.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_12102018-3973 ======================================================================================== ===PAGE 1=== TOWN OF LUNENBURG Office of the Planning Board Matthew Allison, Chair Tel: (978) 582-4147 ext 5 David Prokowiew, Vice-Chair Fax: (978) 582-4353 Kenneth Chenis, Clerk 960 Massachusetts Avenue Tanner Cole, Member Lunenburg, MA 01462 Paula Bertram, Member Adam R. Burney Land Use Director Marjorie J. Boggio Administrative Assistant NOTICE OF MEETING Monday, December 10, 2018 – 6:30 PM Town Hall, 17 Main Street, Lunenburg, MA In accordance with the requirements of the Open Meeting Law, please be advised that this meeting is being recorded and broadcast over Lunenburg Public Access. AGENDA 1. ROLL CALL 2. PUBLIC COMMENT 3. ANR PLANS: 380 Electric Avenue 811 & 813 Chase Road 4. APPOINTMENTS: 5 Electric Avenue- Asian Imperial- Request for Waiver MRPC Discussion- Land Use Guidebook 5. PUBLIC HEARING: 151-181 Leominster Shirley Road, Powell Stone & Gravel 6. RECREATIONAL MARIJUANA: Craft Cultivator- Public Discussion Transporter- Public Discussion 7. MINUTES APPROVAL: 11/26/18 11/26/18 Executive Session 8. COMMITTEE REPORTS: Capital Planning Committee, Storm Water Task Force, Agricultural Commission, Open Space Ad Hoc Committee, MJTC, MRPC, Charter Review Committee, Green Community Task Force, 9. DIRECTOR’S ITEMS: Open Space Plan- Board Discussion Recreational Marijuana, Ballot- Letter to Select Board 994 Northfield Road- Right of First Refusal §250- 4.15. Solar Energy Systems 10. NOTICES & COMMUNICATIONS: 11. MEETING SCHEDULE: All Board meetings are held at Town Hall, 6:30 PM, unless otherwise indicated December 11- Discussion with Board of Selectmen January 14 January 28 12. ONGOING ITEMS: Earth Removal Permitting Village at Flat Hill- Drainage Review & Enforcement Economic Development 13. PUBLIC COMMENT 14. BOARD COMMENT/CONCERNS 15. ADJOURNMENT ======================================================================================== DOCUMENT : 2018-12-10-agenda-4000.txt BOARD : planning-board DATE : 2018-12-10 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2018-12-10-agenda-4000.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_12102018-4000 ======================================================================================== ===PAGE 1=== Planning Board Meeting- 151-181 Leominster Shirley Road1.