# planning-board — 5 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 : 2018-12-10-minutes-3972.txt BOARD : planning-board DATE : 2018-12-10 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2018-12-10-minutes-3972.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_12102018-3972 ======================================================================================== ===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 December 10, 2018 Meeting Posted: Yes Place: Town Hall, 17 Main Street, Lunenburg, MA Time: 6:30 PM Present: Matthew Allison, David Prokowiew, Kenneth Chenis, Tanner Cole, Paula Bertram, Adam R. Burney ANR PLANS: 380 Electric Avenue - Plan presented by applicant/property owner Jean Proctor. The Plan was previously presented at the November 26 th Board meeting. At that time, it was di scovered that the pump station fell within the 20 foot setback. Plan has been revised to show a 20.3 foot setback from the proposed property line. D. Prokowiew made Motion to accept the ANR Plan as amended, K. Chenis Seconded, all aye. 811 & 813 Chase R oad- Plan presented by Neal Gorman, David E. Ross Associates, on behalf of the applicant/owner Alan Weiner. Parcel D of 1200 Sq. Ft. will be conveyed to 811 Chase Road; Parcel E of 1200 Sq. Ft. will be conveyed to 813 Chase Road. This will benefit the driveway construction for 813 Chase Road. K. Chenis made Motion to accept the ANR Plan, D. Prokowiew Seconded, all aye. APPOINTMENTS: 5 Electric Avenue, Asian Imperial - Request for Waiver - Property owner Kim Chen requested waiver from Modification to Site Plan Approval for the purpose of adding a walk -in cooler and freezer at the rear of the building. This will result in the elimination of two (2) parking spaces , dropping the number of parking spaces to fifty-six (56). Those fifty-six (56) spaces continue to be compliant with the zoning bylaw. P. Bertram noted that the appropriate parking had been a Board concern in the past . She requested clarification on the seating as it relat ed to parking spaces stating that the original Decision specified thirty -six (36) parking spaces . Her recollection was that a previously proposed building expansion did not move forward as it was determined there was not adequate parking for the existing restaurant seating. A. Burney noted that the regulations state they need one (1) parking space per table and one (1) for every two (2) counter seats. A seating schematic had been previously submitted to the Board, prior to P. Bertram’s appointment to the Board . Kim Chen responded that based on number of tables , forty (40) parking spaces are required, but fifty-eight (58) are available. P. Bertram requested the project file note the number of seats available in the restaurant and the number of required parking spaces. D. Prokowiew made Motion to accept the Request for a De Minimis Change with a note added documenting number of seats, K. Chenis Seconded, all aye. ===PAGE 2=== Minutes, 12.10.18 Page 2 MRPC- Permitting Guidebook Discussion- Karen Chapman, on behalf of MRPC, noted that MRPC is crafting the guidebook at no expense under DLT A (District Local Technical Assistance). She had edited the Guidebook as a result of comments provided at the November 26 th Board meeting from both the Planning Board and other various departments. The Board was not in receipt of the revised Guidebook; t herefore, could not review for final approval. The revised Guidebook will be sent electronically to Board members for individual input. Comments will be provided to K. Chapman for finalization. She requested receipt of comments by December 21st as under DLTA, this project must be completed by the close of 2018. PUBLIC HEARING: 151-181 Leominster Shirley Road- see separate minutes RECREATIONAL MARIJUANA REGULATIONS: Craft Cultivator- A. Burney has contacted the Cannabis Control Commission (CCC) with questions; still waiting for a response. Craft cultivator is a sub -class of cultivator . S urrounding communities appear not to be writing specific regulations governing craft cultivator. K. Chenis questioned if the Board can define a smaller size with different security regulations than tha t which is defined for large scale. A. Burney responded that the CCC defines the security plan; the Board’s regulations can’t supersede the CCC regulations. K. Chenis did not want to inhibit the opportunity for town residents to participate in a co-op due to financially prohibitive security. Discussion ensued regarding zoning districts for cultivation. A. Burney suggested if the Board wanted to allow craft cultivators in non-industrial areas, it should identify a canopy cap and apply it to all cultivators. There was discussion on whether the buffer zone should determine the locations and if craft cultivators should be allowed outdoors. The Board had previously noted it wanted cultivation only indoors. K. Chenis suggested a canopy of ~1000 Sf. Ft. could be located in the Outlying District. D. Prokowiew and P. Bertram opined that if located inside a structure and buffering was met, why limit the zoning district. There was discussion regarding the co -op model. C ould there be fifty (50) cultivators under one (1) license? Should the buffers be different for different uses ; e.g., more buffer for a manufacturing facility v ersus less buffer for cultivation ? A. Burney suggested initial implementation should be as simple and uniform as possible. As more becomes know about the industry , the Board could go back and make amendments. As there were so many questions from the Board, P. Bertram made Motion that a letter be written to the CCC identifying the Board’s questions, D. Prokowiew Seconded, all aye. Transporter- A marijuana establishment is allowed to transport and also allowed to transport for others . There is also the option for a 3 rd party transporter for those who wish to only transport. A. Burney is of the un derstanding that you can limit the transporting at a facility, but will clarify with the CCC. Transporter questions will be included in the letter to the CCC. A. Burney noted to the Board that it could regulate craft cultivator under cultivator. K. Chen is was concerned if cultivation is restricted to industrial zoning; it may not get voted in at town meeting, resulting in no regulation. MINUTES APPROVAL: 11/26/18- D. Prokowiew made Motion to accept, K. Chenis Seconded, all aye. 11/26/18, Executive Session- D. Prokowiew made Motion to accept, K. Chenis Seconded, all aye. COMMITTEE REPORTS: Capital Planning Committee- Committee has started prioritization of requests. Storm Water Task Force- Met with consultants to discuss timelines. Agricultural Commission- no report Open Space Ad Hoc Committee- Draft Plan distributed for comments prior to finalization and submittal to the State. MJTC- no report ===PAGE 3=== Minutes, 12.10.18 Page 3 MRPC- Meeting focused on staff/administrative topics. Charter Review Committee- A new building has been constructed for the Cemetery Commission. The Commission would like control of this building as Commission funds are being used for its construction , even though the DPW shares its resources and space with the Commission. Under the current draft, other than property under the Conservation Commission and the School Committee, the Town Manager has full jurisdiction over Town facilities and land. T. Cole feels that the Agricultural Commission should have jurisdiction over the Town’s agricultural lands. Green Community Task Force- no report DIRECTOR’S ITEMS: Open Space Plan- The draft Plan was circulated to relevant departments. M. Allison provided his comments to the Open Space Ad Hoc Committee Chair. P. Bertram voiced her comments at this meeting as she felt they pertained to planning. Both she and D. Prokowiew noted that the Board needs to start looking at the Master Plan in conjunction with the Open Space Plan. A. Burney noted the Board of Selectmen ’s December 11 th meeting at which there will be a discussion of a capital item for funding a consultant for the Master Plan. The Board was unaware of that planned discussion. The Board stressed that the Master Plan comes under the jurisdiction of the Planning Board and that the Board of Selectmen should table any discussion of the Master Plan . A. Burney inquired if the Board would be available December 18th for a Master Plan discussion with the Board of Selectmen. D. Prokowiew made Motion to send a letter of support for the Open Space Plan, P. Bertram Seconded, all aye. Recreational Marijuana Ballot - Members were in possession of a memorandum and draft articles that would be discussed at the December 11th Board of Selectmen meeting. K. Chenis noted that with the way the ballot questions are written, there is no indication of the alternative to prohibition. He proposed that citizens be given two choices, e.g., A: Do you want prohibition or, B: Do you want regulation? A. Burney noted these are the proposed articles, not ballot questions. The ballot questions must mirror the articles. 994 Northfield Road, Right of First Refusal- Correspondence received from 994 Northfield Road LLC notifying the Town of its intent to remove land from Ch. 61B. Board discussion ensued. The land is located to the west of Settlers Golf Course and the property owner plans on leasing it for construction of a solar field . P. Bertram made Motion to recommend that the Board of Selectmen waive their right of first refusal, K. Chenis Seconded, P. Bertram, aye; T. Cole, aye; K. Chenis, aye; D. Prokowiew, nay; M. Allison, aye. Vote passed 4 -1. Packet will also be provided to the Open Space Ad Hoc Committee Chair. §250- 4.15. Solar Energy Systems- no report MEETING SCHEDULE: December 11- Joint with Board of Selectmen for Ballot Discussion January 14-  Master Plan  Draft marijuana bylaw  Ch. 41, Section 81D  Earth Removal Permitting January 28- ===PAGE 4=== Minutes, 12.10.18 Page 4 ONGOING ITEMS: Earth Removal Permitting- no report Village at Flat Hill, Drainage Review & Enforcement- no report Economic Development- Business Town Partnership meeting to be held in the near future. BOARD COMMENT/CONCERNS: P. Bertram feels that the Board needs to be involved in discussions regarding the Town buildings from a planning perspective. M. Allison noted that the Historical Society re-chartered the Town Grange. EXECUTIVE SESSION: Agenda was revised and posted less than the statutory requirement of 48 hours as the Chair found that this is a sp ecial circumstance as the meeting for discussion in executive session was not set until December 7, 2018, and until that meeting was held t his date, there was no indication there would be sufficient discussion that would warrant an executive session . M. Allison requested a M otion 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 not to return to Regular Session. K. Chenis made motion, P. Bertram Seconded, Roll Call Vote - P. Bertram, aye; T. Cole, aye; K. Chenis, aye; D. Prokowiew, Aye; M. Allison, aye. ADJOURNMENT: 10:06 PM Documents used at meeting: Minutes- 11/26/18 11/26/18, Executive Session ANR Plan, 380 Electric Avenue ANR Plan, 811 & 813 Chase Road Draft Permitting Guidebook Draft Articles Minutes 2018/12.10.18 ======================================================================================== DOCUMENT : 2018-12-10-minutes-3973.txt BOARD : planning-board DATE : 2018-12-10 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2018-12-10-minutes-3973.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_12102018-3973 ======================================================================================== ===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, M ember Lunenburg, MA 01462 Paula Bertram, M ember Adam R. Burney Land Use Director Marjorie J. Boggio Administrative Assistant Minutes Executive Session December 10, 2018 Meeting Posted: Yes Place: Town Hall, 17 Main Street, Lunenburg, MA Time: 10:06 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 me eting 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, not to enter back into Regular Session. So moved by K. Chenis, Seconded by P. Bertram, Roll Call Vote- P. Bertram, aye; T. Cole, aye; D. Prokowiew, aye; K. Chenis, aye; M. Allison, ay e. T. Cole and D. Prokowiew are representing the Planning Board in discussion with O’Brien Homes Inc., (hereinafter referred to as OBH). A meeting was held this date. D. Prokowiew was of the opinion that OBH had no objection to the Board’s desire for density change, but OBH was unwilling to give a firm number. The meeting contained discussion of a n affordability component and access to Town Forest. There was also discussion of age-restriction and possibly changing the model on some of the units. OBH will be subject to the affordability component under Code of Lunenburg, §250- 4.1. A. Burney noted an option would be to look at the potential development in the context of a PRA (Planned Residential Area) where the total development would be on a single lot with each unit having an EUA (Exclusive Use Area). T. Cole noted the discussion included environmental impacts and the financial impact to the Town from the single family homes. OBH has asked for a priority list from the Planning Board. The Board feels key concerns are the M ulpus and access to Town Forest. There was Board discussion of asking OBH to separate the rear of the property at 400 Howard Street for Town ownership. This would reduce the project’s density by approximately eight (8) lots a nd protect the Mulpus . T. Cole recommended OBH protect both sides of the brook and pond, and do a percentage of over-55 housing. D. Prokowiew wanted to model cluster development asserting that the more land OBH gives up, the higher density OBH can get. P. Bertram would like to see a senior component and more open space. Board agreed that priorities to take to the next meeting would be access to Town Forest, protection of the wetlands and Mulpus, and an over-55 component. D. Prokowiew made motion to adjourn Executive Session, P. Bertram Seconded, Roll Call Vote- P. Bertram, aye; T. Cole, aye; K. Chenis, aye; D. Prokowiew, aye; M. Allison, aye. Adjourned Executive Session 10:50 PM Minutes/executive 2018/06.12.10.18_exec ======================================================================================== DOCUMENT : 2018-12-10-minutes-4000.txt BOARD : planning-board DATE : 2018-12-10 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2018-12-10-minutes-4000.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_12102018-4000 ======================================================================================== ===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 Public Hearing 151-181 Leominster Shirley Road December 10, 2018 Meeting Posted: Yes Place: Town Hall, 17 Main Street, Lunenburg, MA Time: 6:53 PM Present: Matthew Allison, David Prokowiew, Kenneth Chenis, Paula Bertram, Adam R. Burney Board member Tanner Cole recused himself. The Hearing was 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/Own er is Steven Powell, PSG Realty 393 - 435, LLC, 133 Leominster Shirley Road, Lunenburg, MA. The Applicant/Owner (hereinafter referred to as PSG) was represented by Brian Marchetti, McCarty Engineering, Inc. B. Marchetti gave a background noting the Board’ s 2011 approval for construction of a 2 4,000 Sq. Ft. garage and associated paving, grading and drainage at 151 Leominster Shirley Road . In August 2018 a letter was sent to the Board of Selectmen from Building Commissioner Garry Rhodes. The letter stated that earth removal had also taken place on an adjacent parcel identified as Map 146, Parcel 8 (181 Leominster Shirley Road). The Board of Selectmen informed PSG that the unpermitted area would require Site Plan Approval by the Planning Board. The property has been re-surveyed and wetlands delineated. PSG has filed with both DEP and the Conservation Commissio n. 151 Leominster Shirley Road has 50,000 Sq. Ft. less pavement than originally permitted as the building and associated paving were not construct ed. Grades and topography will be reestablished to contain all stormwater runoff on site . Runoff will be contained to the east side of the site to a graded berm and detention basin. The paved drive at the front of the site will continue to drain to the existing infiltration basin built in 2011 . Only the topography and grading will be changed. B. Marchetti summarized the project’s Impact Analysis (on file in the Planning Office). Incorrect zoning lines were of concern to both Building Commissioner G. Rhodes and peer reviewer Jeffrey Walsh, Graves Engineering, Inc. (GEI). A portion of the property is zoned Residential, but being used for commercial purposes. B. Marchetti stated the zoning lines were taken from the property report cards and ma de no mention of R esidence B zoning. The zoning is Commercial to the left, Office Park/Industrial to the south and Residential to the north. The Residential portion is eight ( 8±) acres. PSG would be affected both operationally and financially if those eight (8) acres cannot be used. He inquired if a variance through the Zoning Board of Appeals was a possibility. If not, then the Applicant would need to go to town meeting for a zoning change. A. Burney noted the bylaw does not allow for use variances. The bylaw allows for the use in the less -restrictive district (OP/I) to be used up to fifty (50) feet into the more-restrictive district (RB). A citizen petition would be required to move ===PAGE 2=== 151-181 Leominster Shirley Road Minutes, 12.12.18 Pg 2 the zoning line . As this is an on -going operation, P. Bertram inquired if the Board is required to take action pending town meeting. A. Burney responded no, but an issue is on -going as 151 and 181 have independent addresse s, but function as a single use. 151 had an ea rth removal permit carried to completion and the Board of Selectmen requested a closure plan. The closure plan was the 24,000 Sq. Ft. building. That building was constructed at another address on Leominster Shirley Road. In conjunction with the closure plan, the Board of Selectmen requested the Planning Board review the current use to see if it meets standards for closure. Options available to the Board are allowing PSG to, 1) withdraw the Modification or, 2) continue the Hearing indefinitely in the event a zoning change is approved at town meeting. If the zoning change passes , PSG would then return to the Board for the continued Hearing. K. Chenis questioned if the Board , at this time, should approve any areas that can be approved; up to fifty (50) fe et into Residence B could be approved. P. Bertram had concerns that this could possibly create more problems with PSG as the Decision would specify only fifty (50) feet outside the zoning line. B. Marchetti noted that all of the berm would be located wit hin the OP/I zoning. As no one is currently seeking enforcement action against PSG, it was suggested the Board wait until after town meeting to take action. If the zoning line does not change as a result of town meeting, then PSG would have to take corrective action. As this is a Site Plan Approval, there is no timeline that must be met. K. Chenis suggested PSG appear at a February Board meeting to provide a status update. B. Marchetti had prepared a letter (on file in the Planning Office) in respons e to GEI’s review letter of December 7, 2018. The letter noted actions taken to rectify issues in the review letter. P. Bertram suggested continuing the Hearing to the February 11 th Board meeting for a status update. J. Walsh, GEI, stressed this is an organized, clean operation. He went on to note isolated runoff and localized sediment in the vicinity of the ramp for the sand pile and also in the vicinity of the compost piles. He was concerned with the berm consisting completely of earth. If water flows over it a breach can occur, so he is asking for a rip rap spillway. He noted that if the proposed vegetation on the berm is a wetland species, it will not survive. As the berm is dry, the vegetation needs to suit that same environment. Due to the fact that this may be delayed for 4 -6 months, pending May town meeting, he would like to see the berm go in before town meeting, if possible. That would benefit both the business and the wetlands. Board consensus was to wait for Conservation Commission input before approving the berm. The following waivers were requested from Board Rules and Regulations for Site Plan Approval and Special Permits: 1. Section 4.1 f.2)- Plan scale of 1” = 40’ 2. Section 4.1 f.20) – Traffic data 3. Section 4.1 f.22) – Photometric plan M. Allison noted the vertical datum was not listed; detail will be added. No public comment. K. Chenis made Motion to accept requested waivers as documented, D. Prokowiew Seconded, all aye. K. Chenis made Motion to continue the Hearing to February 11, 2019, 6:35 PM, P. Bertram Seconded, all aye. Hearing recessed 7:47 PM Documents used at meeting: Application for Modification to Site Plan Approval GEI Review Letter dated 12.07.18 McCarty Review Response Letter dated 12.10.18 Minutes/public hearings 2018/151-181 Leominster Shirley Road_12.12.18 ======================================================================================== DOCUMENT : 2018-12-11-agenda-3974.txt BOARD : planning-board DATE : 2018-12-11 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2018-12-11-agenda-3974.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_12112018-3974 ======================================================================================== ===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 Tuesday, December 11, 2018 – 7:00 PM Town Hall, 17 Main Street, Lunenburg, MA In accordance with the requirements of the Open Meeting Law, please be advised that this meeting is being recorded and broadcast over Lunenburg Public Access. AGENDA Discussion with Board of Selectmen regarding Recreational Adult Use Marijuana questions for ballot presentation. ======================================================================================== DOCUMENT : 2018-12-11-minutes-3974.txt BOARD : planning-board DATE : 2018-12-11 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2018-12-11-minutes-3974.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_12112018-3974 ======================================================================================== ===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 December 11, 2018 Meeting Posted: Yes Place: Town Hall, 17 Main Street, Lunenburg, MA Time: 7:00 PM Present: Matthew Allison, David Prokowiew, Tanner Cole, Adam R. Burney Absent: Kenneth Chenis, Paula Bertram Also Present: Jamie Toale, Damon McQuaid, Katey Adams, Heather Lemieux Joint meeting was held with the Board of Selectmen for d iscussion of the ballot questions for recreational adult use marijuana. The Planning Board wants to provide the citizens with the opportunity to prohibit some or all “marijuana establishments”; therefore, they are offering both prohibition and regulation to the citizens. Both the prohibition and the regulations will be presented at Town meeting. T he Board wants five ballot questions placed that could prohibit each type of “marijuana establishment” that could be permitted. The five questions cover cultivators, manufacturers, testing facilities, retailers, and transporters. D. McQuaid appreciated that the Board was offering the five questions, but he is against prohibition and is of the opinion that this will be financially beneficial to the community. J .Toale felt it was the Planning Board’s responsibility to come up with the regulation and zoning for recreational marijuana. He was not comfortable with offering prohibition as he feels the majority of the residents want it allowed. Both D. Prokowiew and T. Cole asserted that Question 4 in 2016 did not accurately reflect the desires of the voters; it was focused on decriminalization. Having five questions grants the citizens the opportunity to decide what they want to allow. K. Adams opined as Question 4 was in 2016, a new election should take place to gauge the current desires of the citizens. She supports prohibition and feels there could be other avenues for economic development. D. McQuaid remarked that users of marijuana will use it whether or not they obtain it legally. If through a retailer, one knows the product has been tested and the Town will also benefit financially. D. McQuaid asked what the Planning Board would recommend to the citizens at Town meeting. T. Cole and D. Prokowiew responded that the Board would not recommend one way or another; it wo uld be up to the voters. A. Burney reiterated that the Board is looking at six articles for town meeting; five for prohibition and one for regulation. He believes that the Board w ill recommend passing of all six articles and the n have the ballot questions affirm or deny the first five prohibition articles. The ballot would be the determining factor as to whether each prohibition article passes. M. Allison stated that the Board is attempting to regulate what was legalized by the State. As Lunenburg was a “yes” community, both town meeting vote and a ballot initiative are required. ===PAGE 2=== Minutes, 12.11.18 Page 2 K. Adams was in agreement with the Planning Board and feels the choice should be given to the citizens. T. Cole felt the 2016 v ote was significantly different from what the citizens would be voting on now. Question 4 does not accurately reflect what is happening in communities. D. McQuaid reiterated that he feels the Board should make a recommendation at town meeting. Board mem bers stressed that their recommendation is for the voters to have the choice. K. Adams made Motion to add the marijuana questions on the ballot as recommended by the Planning Board, J. Toale recommended that the vote be postponed. As Select Board member P. Luck was not in attendance, she had provided a statement which she wanted read into the record. J. Toale feels the discussion should continue. He went on to state that if he had to vote tonight, he would vote against. He recommended K. Adams not make her Motion tonight. K. Adams responded she made a Motion and wanted to keep it on the floor. J. Toale asked if there was a Second; the Motion was not Seconded. J. Toale wants to continue the discussion when the full Select Board is present. The Planning Board is invited to that meeting. Public Comment: Karin Menard, Parks Department- She is i n agreement with the Planning Board. Even though she voted “yes” on Question 4, there were parts she supported and parts she didn’t. Discussion will continue to the January 8th Select Board meeting. T. Cole made Motion to adjourn, D. Prokowiew Seconded, all aye. Adjourned 8:00 PM Document used at meeting: Land Use Director Memorandum dtd 12.11.18, subject: Adult Use Marijuana Prohibition Ballot Questions Minutes 2018/12.11.18