# planning-board — 27 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 : 2019-03-25-minutes-4024.txt BOARD : planning-board DATE : 2019-03-25 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2019-03-25-minutes-4024.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_03252019-4024 ======================================================================================== ===PAGE 1=== TOWN OF L UNENBURG Office of the Planning Board Matthew Allison, Chair Tel: (978) 582-4147, ext 5 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 March 25, 2019 Meeting Posted: Yes Place: Town Hall, 17 Main Street, Lunenburg, MA Time: 6:30 PM Present: Matthew Allison, Kenneth Chenis, Tanner Cole, Adam R. Burney Absent: Paula Bertram Joint Appointment with the Board of Selectmen for Appointment to Board Vacancy- Cancelled. APPOINTMENTS: 205 Sunset Lane , Driveway Plan - K. Chenis recused himself. Plan presented by Neil Gorman, David E. R oss Associates. The Board discussed the Plan, but did not take a vote due to lack of quorum. A common driveway off Robbs Hill Road is proposed to serve Lots 2 -A and 2-B. The Fire Chief viewed the Plan and recommended widening of the entrance at Robbs Hi ll Road to allow for a straighter entrance to Lot 2 -A. The drive forks immediately upon entrance and identifying signage will be placed for the two properties. A gravel emergency/delivery vehicle turnaround will be placed close to Lot 2 -A. Neither T. Co le nor M. Allison had issues with the proposal. Plan will be placed on the 4/8/19 Board agenda. Daron Massey, 300 Holman Street - He noted he has filed two citizen petitions; one for adding a use for farming and artistic events in Lunenburg and the seco nd is for special event guidelines. He went on to note that he requested 3 special event permits at a recent Select Board meeting. As he has to be prepared to meet various contingencies, he needs to meet with various Town officials/departments to discuss those permits. After that/those meeting(s) , he will return to the Select Board to demonstrate how he will address the contingencies. D. Massey is requesting specific guidance from the Board that will enable him to move his 3 special permits forward with the Select Board. Both M. Allison and T. Cole were of the opi nion that this should go through the Select Board and are not sure what input they can provide to D. Massey. K. Chenis noted the Board would need time to review these two petitions for discussion at the next Board meeting on April 8th. Dave Passios, 56 Whiting Street (speaking as Board of Health member) - Had the understanding that D. Massey’s 3 events were already discussed at a Department Head meeting, with no feedback to D. Massey. A. Burney responded that was incorrect. Kathy Wnuk, 503 Holman Street - Asked why this discussion was taking place as a cease and desist letter from special events was sent to D. Massey from the Building Commissioner. A. Burney noted that D. Massey ha s the right of appeal to the Zoning Board of Appeals. He also has entertainment licenses in front of the Select Board. Steve Weaver, 288 Holman Street - Alleged that D. Massey’s past events were illegally held, so why would he be able to get permits for events now? Building Re-Use, Board Discussion- K. Chenis made Motion to table to April 8, 2019, T. Cole Seconded, all aye. ===PAGE 2=== Minutes 03.25.19 Page 2 Process, Substance and Form Specific to Large Public Events, Board Discussion - Board discussion ensued on the Special Event Permit Guidelines. Special event permitting falls under the jurisdiction of the Select Board; the Select Board has requested input from the Planning Board. K. Chenis was concerned that the Guidelines don’t specify certain zoning distri cts. If the Guidelines cover all zoning districts, given the restrictions in the Guidelines, c ommercial entities would be excluded, e.g., a commercial entity that wants to hold weekend concerts would be limited to 4 per year. A. Burney responded that the re had been a clause about properly zoned properties, but that clause was removed through discussion with the Select Board. K. Chenis felt the language was too broad. He asked A. Burney how he arrived at the limit of 4 events per year. A. Burney felt 6 were too many, yet 2 too few and noted that is only on private property that would not normally be zoned for such . There is no restriction of the number of events on public property. K. Chenis also had concern with private membership organizations being exempt from special event permitting. T. Cole asked for clarification of 4 events per year; does this apply to per site, per ownership, etc. Does the required event layout plan need to be an engineered plan ; i s a sketch sufficient? Both K. Chenis and T. Cole suggested the Flowchart be more detailed and that the Guidelines require more specificity. M. Allison was of the opinion that the drafting of these Guidelines were in reaction to a specific property. Michael Ray Jeffreys, 1170 Massachusetts Avenu e- Opined that these Guidelines are in response to Mr. Massey and his property. He maintained that if an event is taking place on an adjacent property, it should be none of the neighbor’s business, but should be within the realm of residential activity, n ot a recreational venue . He also asserted this could easily be remedied with the Select Board opting to deny a permit; all this regulation isn’t necessary. Steve Weaver, 288 Holman Street- Feels 4 permits for one location are excessive. Tom Alonzo , 284 Lancaster Avenue- The Guidelines are vague. Multi-day events that require overnight camping, sanitary facilities, etc. should be strictly regulated. For other events, the underlying zoning should define the use. He was of the opinion that the 3 events D. Massey brought to the Select Board should not be considered a venue. Kathy Wnuk, 503 Holman Street- When events start being advertised online and on Facebook, this is not someone having a party or a wedding. It is someone having an event bringing in vendors outside the town/state. Katey Adams, Williams Drive- Opined that in general, residential properties are not open to the general public. Daron Massey requested the Board’s guidance on protecting his remaining open space that is under his personal ownership. Steve Weaver, 288 Holman Street- Feels 2 events annually are sufficient. District Local Technical Assistance (DLTA) - Taken out of order to allow for participation by the Town Manager , H. Lemieux . H. Lemieux has requested a letter of support from the Select B oard for an ADA self-evaluation and transition project under DLTA. This type of project was last done in 2009. She wanted to find out if the Planning Board has a higher priority project that should be considered in place of th e ADA project. In the event MRPC will only award one project per community, she want s to prioritize the Town’s requests. T. Cole inquired how the ADA project would lead into the Master Plan and on -going discussion of the five municipal buildings. She re sponded that it would create a plan of how accessibility improvements would be met. It would also make the Town eligible for project grants to meet the transitions that have to happen. K. Chenis made Motion to approve the request for DLTA spending and send a letter of support, T. Cole Seconded, all aye. Board Appointment to Land Acquisition Committee - The Town has been offered the purchase of a large portion of privately - owned land on Northfield Road. The Select Board has created a Land Acquisition Co mmittee to work with the property owners. The Committee will be comprised of one member each from the Finance Committee, Planning Board, Open Space Committee, Conservation Commission and Select Board. T. Cole volunteered to be the Board’s representative. K. Chenis made Motion to nominate T. Cole, T. Cole Seconded, all aye. ===PAGE 3=== Minutes 03.25.19 Page 3 MINUTES APPROVAL: 02/11/19, 190 Electric Avenue 02/11/19, 380-400 Electric Avenue 02/11/19, 400 Electric Avenue 02/11/19, 151-181 Leominster Shirley Road 02/11/19 Vote not taken on above minutes 02/25/19 02/25/19, 190 Electric Avenue 02/25/19, 380-400 Electric Avenue 02/25/19, Town Meeting Warrant Article Vote not taken on above minutes. 03/04/19, 190 Electric Avenue- K. Chenis made Motion to approve, T. Cole seconded, all aye. 03/04/19, 400 Electric Avenue- K. Chenis made Motion to approve, T. Cole seconded, all aye. 03/04/19, Warrant Articles- K. Chenis made Motion to approve, T. Cole seconded, all aye. 03/04/19- K. Chenis made Motion to approve, T. Cole seconded, all aye. COMMITTEE REPORTS: Capital Planning Committee-no report Storm Water Task Force- Meeting scheduled for April 1st. Agricultural Commission - Farmers’ Market Manager has resigned. There is a member vacancy on the Commission. The Commission hopes to get approval from the Select Board for the placement of a banner across Route 2A for the advertising of Town events. If approved, the Commission will be looking for citizen input on suggested advertising. MJTC- no report MRPC- Meeting scheduled for March 28th. Charter Review Committee- Final Charter draft approved. Green Community Task Force- no report Open Space Ad Hoc Committee- no report DIRECTOR’S ITEMS: Plan Endorsement: All site plans below endorsed by Board. 380-400 Electric Avenue 400 Electric Avenue 190 Electric Avenue Special Event Permit- See “Process, Substance and Form Specific to Large Public Events” above. Lunenburg Code, Section 250 - 5.6., Update- A warrant article, prepared by Town Counsel, was provided to the B oard. The proposed article will be heard at an upcoming public hearing. District Local Technical Assistance (DLTA)- Taken out of order – see above. MEETING SCHEDULE: April 8- K. Chenis not available. April 22- ===PAGE 4=== Minutes 03.25.19 Page 4 ONGOING ITEMS: Lunenburg Code, Section 250- 5.6., Cluster Development Lunenburg Code, Section 250- 4.15., Solar Energy Systems Lunenburg Code, Section 250- 6.1., Off Street Parking & Loading Areas Earth Removal Permitting Economic Development MGL, Ch. 41, Section 81D, Master Plan- Master planning could possibly qualify for a grant from the Executive Office of Energy and Environmental Affairs. Grant application is due by the end of May. A grant could fund a portion of the Master Plan. ADJOURNMENT: K. Chenis made Motion to adjourn, T. Cole Seconded, all aye. Adjourned 9:20 PM Documents used at meeting: 205 Sunset Lane Driveway Plan Minutes: 02/11/19, 190 Electric Avenue 02/11/19, 380-400 Electric Avenue 02/11/19, 400 Electric Avenue 02/11/19, 151-181 Leominster Shirley Road 02/11/19 02/25/19 02/25/19, 190 Electric Avenue 02/25/19, 380-400 Electric Avenue 02/25/19, Town Meeting Warrant Article 03/04/19 03/04/19, 190 Electric Avenue 03/04/19, 400 Electric Avenue 03/04/19, Warrant Articles 03/04/19 Special Event Permit Guidelines - DRAFT ======================================================================================== DOCUMENT : 2019-04-08-agenda-4040.txt BOARD : planning-board DATE : 2019-04-08 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2019-04-08-agenda-4040.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_04082019-4040 ======================================================================================== ===PAGE 1=== TOWN OF LUNENBURG Office of the Planning Board Matthew Allison, Chair Tel: (978) 582-4147 ext 5 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, April 8, 2019 – 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. CALL TO ORDER 2. PUBLIC COMMENT 3. APPOINTMENTS: 205 Sunset Lane- Driveway Plan 39 Massachusetts Avenue- Waiver Request 10 Massachusetts Avenue- Waiver Request 4. BUILDING RE-USE: Board Discussion 5. MINUTES APPROVAL: 02.11.19, 190 Electric Avenue 02.11.19, 380-400 Electric Avenue 02.11.19, 400 Electric Avenue 02.11.19, 151-181 Leominster Shirley Road 02.11.19 02.25.19, 190 Electric Avenue 02.25.19, 380-400 Electric Avenue 02.25.19, Town Meeting Warrant Article 02.25.19 03.25.19 6. COMMITTEE REPORTS: Capital Planning Committee, Storm Water Task Force, Agricultural Commission, MJTC, MRPC, Charter Review Committee, Green Community Task Force, Open Space Ad Hoc Committee, Land Acquisition Committee 7. DIRECTOR’S ITEMS: Open Space Committee- Two Vacancies Annual Town Meeting- Article Update Earth Removal Permitting Lunenburg Code, §250- 5.6. 8. NOTICES & COMMUNICATIONS: 9. MEETING SCHEDULE: All Board meetings are held at Town Hall, 6:30 PM, unless otherwise indicated April 22- Public Hearing for Board Warrant Articles May 4- Town Meeting, 9 AM, LMHS May 13 10. ONGOING ITEMS: Lunenburg Code, §250- 4.15.- Solar Energy Systems Lunenburg Code, §250- 6.1.- Off Street Parking and Loading Areas Economic Development MGL Ch. 41, §81D- Master Plan 11. PUBLIC COMMENT 12. BOARD COMMENT/CONCERNS: 13. ADJOURNMENT ======================================================================================== DOCUMENT : 2019-04-08-minutes-4040.txt BOARD : planning-board DATE : 2019-04-08 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2019-04-08-minutes-4040.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_04082019-4040 ======================================================================================== ===PAGE 1=== TOWN OF L UNENBURG Office of the Planning Board Matthew Allison, Chair Tel: (978) 582-4147, ext 5 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 April 8, 2019 Meeting Posted: Yes Place: Town Hall, 17 Main Street, Lunenburg, MA Time: 6:30 PM Present: Matthew Allison, Kenneth Chenis, Tanner Cole, Paula Bertram (left 7:20 PM), Adam R. Burney APPOINTMENTS: 205 Sunset Lane , Shared Driveway Plan- K. Chenis recused himself. Neil Gorman, David E. Ross Associates represented the applicant/property owner. A shared driveway off Robbs Hill Road is being proposed to serve Lots 2 -A and 2 -B. The drive entrance was widened at the request of the Fire Chief. An emergency turnaround is being provided close to Lot 2 -A. Some Board members were concerned with setting a precedent in a shared driveway. T. Cole did not feel a precedent was being set, as shared driveways are decided on a case -by-case basis. P. Bertram noted this was originally an ANR Plan that did not show the driveway; now the plan is back with a shared driveway. She is concerned this will set a precedent for a shared driveway. N. Gorman was of the opinion that the Board had been resistant to this plan from the beginning; ANR plans usually do not show driveways. He elaborated that the ANR Plan originally showed an easement, which was remo ved at the Board’s request until a driveway plan could be presented. He asserted that this plan is showing the best access for the homes that will be on the two lots. P. Bertram responded she had been resistant because when the ANR Plan was submitted, the Building Commissioner had concerns with Lot 2-A not having frontage on Sunset Lane. N. Gorman emphasized this will be considered a private driveway for two homes. P. Bertram reiterated that she was not in favor of the plan. T. Cole was of the opinion that this was a good application of the bylaw for a shared driveway due to the deep slope. M. Allison suggested the applicant/property owner build two driveways; one to Lot 2 -B off Robbs Hill Road and one to Lot 2 -A off Sunset Lane; P. Bertram was in agre ement. T. Cole was of the opinion that having the shared driveway was far less invasive that having two separate drives. K. Chenis, 715 Page Street - Speaking as a citizen . Wanted to clarify that the requirements for the ANR process d o not dictate whether or not a lot is buildable; only that the land is dividable and there is access. N. Gorman made a request to withdraw the shared driveway application. P. Bertram made Motion to accept the withdrawal, T. Cole Seconded, all aye. 39 Massachusetts Av enue, Waiver Request - Jaclynn Nicoll, 190 Chase Road was requesting a site plan waiver for a coffee shop. J. Nicoll and Barry Nicoll currently have a home -based business and want to expand the business to offer brewed coffee and tea beverages to the publ ic. The building would be subdivided with J. Nicoll occupy ing a portion of the building . T. Cole made Motion to approve the waiver for 39 Massachusetts Avenue as presented, K. Chenis Seconded, all aye. 10 Massachusetts Avenue, Waiver Request - Kayraliz Vargas and Yhoser Herrera were requesting a site plan waiver for a retail pet store only; no grooming. T. Cole made Motion to approve the waiver for 10 Massachusetts Avenue as presented, K. Chenis Seconded, all aye. ===PAGE 2=== Minutes 04.08.19 Page 2 Building Re-Use, Board Discussion- There was discussion of tabling due to P. Bertram’s absence. K. Chenis noted he will be at the May 13 th meeting, and that will be his last meeting. A. Burney felt that this discussion was to be a prelude for discussions at May 4 Town Meeting. MINUTES APPROVAL: Approval of some minutes taken out of order to allow for participation of P. Bertram. 02/11/19, 190 Electric Avenue- K. Chenis made Motion to approve, T. Cole Seconded, all aye. 02/11/19, 380-400 Electric Avenue- K. Chenis made Motion to approve, T. Cole Seconded, all aye. 02/11/19, 400 Electric Avenue- T. Cole made Motion to approve, K .Chenis Seconded, all aye. 02/11/19, 151-181 Leominster Shirley Road- T. Cole made Motion to approve, P. Bertram Seconded, K. Chenis abstained, vote passed 3-0. 02/11/19- T. Cole made Motion to approve, P. Bertram Seconded, K. Chenis abstained, vote passed 3-0. 02/25/19- T. Cole made Motion to approve, P. Bertram Seconded, M. Allison abstained, vote passed 3-0. 02/25/19, 190 Electric Avenue- K. Chenis made Motion to approve, T. Cole Seconded, all aye. 02/25/19, 380 -400 Electric Avenue - K. Chenis made Motion to approve, T. Cole Seconded, M. Allison abstained, vote passed 3-0. 02/25/19, Town Meeting Warrant Article- K. Chenis made Motion to approve, T. Cole Seconded, all aye. 03/25/19- K. Chenis made Motion to approve, T. Cole Seconded, all aye. COMMITTEE REPORTS: Capital Planning Committee- no report Storm Water Task Force - Discussed current consultants’ contract and discussed what the Ta sk Force would tra nsition into at the conclusion of its charge. Agricultural Commission- Meeting 3rd Thursday of the month. Farmers’ Market will open in June. MJTC- Meeting April 10th. MRPC- no report Charter Review Committee- Presentation prepared for Town Meeting. Green Community Task Force- no report Open Space Ad Hoc Committee - There is a parcel of approximately 259 acres on Northfield Road. The owner wants to sell the land to the Town. The Board of Selectmen has formed a Land Acquisition C ommittee to pursue possible acquisition through the land grant program. Brandon Kibbe and P. Bertram will represent the Open Space Ad Hoc Committee and the Planning Board. Land Acquisition Committee - T. Cole was appointed at the last Board meeting to repr esent the Planning Board. At that time, the Board had not been made aware that the Planning Board member would be the Planning Board’s representative to the Open Space Ad Hoc Committee. This means that P. Bertram, as the Board’s representative to Open Sp ace, will represent the Planning Board on the Committee instead of T. Cole. DIRECTOR’S ITEMS: Open Space Committee, Vacancies- Two member-at-large positions available. Annual Town Meeting- May 4, 2019, Lunenburg Middle High School. Earth Removal Permitting- Tentatively scheduled for discussion this upcoming summer. Lunenburg Code, Section 250 - 5.6.- Tentatively scheduled for discussion after Earth Removal Permitting and Off Street Parking and Loading. MEETING SCHEDULE: April 22- Hearings for Board warrant articles and citizen petition zoning articles. K. Chenis not available. April 29- Tentative public hearing for Howard Street subdivision. K. Chenis not available. May 4- Town Meeting, 9 AM, LMHS May 13- ===PAGE 3=== Minutes 04.08.19 Page 3 ONGOING ITEMS: Lunenburg Code, Section 2 50- 4.15., Solar Energy Systems A. Burney hopes to have a draft for the Board soon after May Town Meeting. Lunenburg Code, Section 250- 6.1., Off Street Parking & Loading Areas- Tentatively scheduled for discussion this upcomin g summer. Economic Development- First meeting for walkability study held this date. MGL, Ch. 41, Section 81D, Master Plan- Awaiting Town Meeting vote of the Capital Plan for fund availability. ADJOURNMENT: K. Chenis made Motion to adjourn, T. Cole Seconded, all aye. Adjourned 8:20 PM. Documents used at meeting: 205 Sunset Lane Driveway Plan 39 Massachusetts Avenue Waiver Request 10 Massachusetts Avenue Waiver Request Minutes: 02/11/19, 190 Electric Avenue 02/11/19, 380-400 Electric Avenue 02/11/19, 400 Electric Avenue 02/11/19, 151-181 Leominster Shirley Road 02/11/19 02/25/19 02/25/19, 190 Electric Avenue 02/25/19, 380-400 Electric Avenue 02/25/19, Town Meeting Warrant Article 03/25/19 ======================================================================================== DOCUMENT : 2019-04-22-agenda-4019.txt BOARD : planning-board DATE : 2019-04-22 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2019-04-22-agenda-4019.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_04222019-4019 ======================================================================================== ===PAGE 1=== TOWN OF LUNENBURG Office of the Planning Board Matthew Allison, Chair Tel: (978) 582-4147, ext 5 Vice-Chair Fax: (978) 582-4353 Kenneth Chenis, Clk. 960 Massachusetts Avenue Tanner Cole, Mbr. Lunenburg, MA 01462 Paula Bertram, Mbr. Adam R. Burney Land Use Director Marjorie J. Boggio Administrative Assistant TOWN OF LUNENBURG PUBLIC HEARING The Lunenburg Planning Board will hold a Public Hearing on April 22 , 2019 , 6:35 PM, Joseph Bilotta Meeti ng Room, Town Hall, 17 Main Street, Lunenburg, MA 01462 to make alterations to Code of the Town of Lunenburg, MA, Chapter 250: Zoning, (i) Article IV, 4.1.G. Use Table by adding Non -Medical Marijuana Uses ; (ii) adding 4.1.O. Non-Medical Marijuana Uses ; (ii i) delete 4.15., Temporary Moratorium on Sale and Distribution of Recreational Marijuana; and, (iv) create new 4.15. Non-Medical Marijuana Establishments. Copies are on file in the Planning Office, 960 Massachusetts Avenue, Lunenburg, MA. ======================================================================================== DOCUMENT : 2019-04-22-agenda-4021.txt BOARD : planning-board DATE : 2019-04-22 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2019-04-22-agenda-4021.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_04222019-4021 ======================================================================================== ===PAGE 1=== TOWN OF LUNENBURG Office of the Planning Board Matthew Allison, Chair Tel: (978) 582-4147, ext 5 Vice-Chair Fax: (978) 582-4353 Kenneth Chenis, Clk. 960 Massachusetts Avenue Tanner Cole, Mbr. Lunenburg, MA 01462 Paula Bertram, Mbr. Adam R. Burney Land Use Director Marjorie J. Boggio Administrative Assistant TOWN OF LUNENBURG PUBLIC HEARING The Lunenburg Planning Board will hold a Public Hearing on April 22 , 2019 , 6:35 PM, Joseph Bilotta Meeting Room, Town Hall, 17 Main Street, Lunenburg, MA 01462 to make alterations to Code of the Town of Lunenburg , MA, Chapter 250 Zoning: (i) Article V, 5.6. Cluster Development by adding a new Subsection F , (ii) by citizen petition, Article IV, 4.13. Solar Energy Systems, to change the special permit granting authority, (iii) by citizen petition, Article IV, 4.1. Permitted and Prohibited Uses, 4.1.J. Recreation Uses, to add (7) Exhibition and Workshops, (iv) by citizen petition, Article IV, 4.1. Permitted and Prohibited Uses, 4.1.G Use Table , to add the corresponding use, and (v) by citizen petition, to amend the Zoning Map by rezoning portions of land located at 131 (Map 146, Parcel 0003), 133 (Map 146, Parcel 0004), 151 (Map 146, Parcel 0027) and 181 (Map 146, Parcel 0008) Leominster Shirley Road. Copies are on file in the Planning Office, 960 Massachusetts Avenue, Lunenburg, MA. ======================================================================================== DOCUMENT : 2019-04-22-agenda-4041.txt BOARD : planning-board DATE : 2019-04-22 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2019-04-22-agenda-4041.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_04222019-4041 ======================================================================================== ===PAGE 1=== TOWN OF LUNENBURG Office of the Planning Board Matthew Allison, Chair Tel: (978) 582-4147 ext 5 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, April 22, 2019 – 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. CALL TO ORDER 2. PUBLIC COMMENT 3. ANR PLANS: 50 Page Street 53 Prospect Street 4. UNITIL: Tree Work on Scenic Roads 5. PUBLIC HEARINGS: Zoning Warrant Articles 6. BOARD DISCUSSIONS: Building Re-Use Economic Development Committee 7. MINUTES APPROVAL: 04.08.19 8. COMMITTEE REPORTS: Capital Planning Committee, Storm Water Task Force, Agricultural Commission, MJTC, MRPC, Charter Review Committee, Green Community Task Force, Open Space Ad Hoc Committee, Land Acquisition Committee 9. DIRECTOR’S ITEMS: Economic Development Committee- Update Annual Town Meeting- Article Update 2019 Traffic Counts Earth Removal Permitting Lunenburg Code, §250- 5.6. 10. NOTICES & COMMUNICATIONS 11. MEETING SCHEDULE: All Board meetings are held at Town Hall, 6:30 PM, unless otherwise indicated April 29 – Hearing for Aro Estates, Howard Street May 4 – Possible 8:45 AM Board meeting prior to Town Meeting? May 13 – Powell Stone & Gravel (hearing continuation) 12. ONGOING ITEMS: Lunenburg Code, §250- 4.15.- Solar Energy Systems Lunenburg Code, §250- 6.1.- Off Street Parking and Loading Areas Economic Development MGL Ch. 41, §81D- Master Plan 13. PUBLIC COMMENT 14. BOARD COMMENT/CONCERNS: 15. ADJOURNMENT ======================================================================================== DOCUMENT : 2019-04-22-minutes-4019.txt BOARD : planning-board DATE : 2019-04-22 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2019-04-22-minutes-4019.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_04222019-4019 ======================================================================================== ===PAGE 1=== TOWN OF LUNENBURG Office of the Planning Board Matthew Allison, Chair Tel: (978) 582-4147, ext 5 Vice-Chair Fax: (978) 582-4353 Kenneth Chenis, Clk. 960 Massachusetts Avenue Tanner Cole, Mbr. Lunenburg, MA 01462 Paula Bertram, Mbr. Adam R. Burney Land Use Director Marjorie J. Boggio Administrative Assistant Minutes Public Hearing Town Meeting Zoning Article Non-Medical Marijuana April 22, 2019 Posted: Yes Place: Town Hall, 17 Main Street, Lunenburg, MA Time: 8:32 PM Present: Matthew Allison, Tanner Cole, Paula Bertram, Adam R. Burney Absent: Kenneth Chenis The Hearing was to make alterations to Code of the Town of Lunenburg , Chapter 250: Zoning, (i) Article IV, 4.1.G Use Table; (ii) adding 4.1.O. Non -Medical Marijuana Uses; (iii) deleting 4.15. Temporary Moratorium on Sale and Distribution of Recreational Marijuana and; (iv) create a new 4.15. Non-Medical Marijuana Establishments. The Planning Board is submitting seven articles for May 2019 Town Meeting. There will be one regulation article, which covers all six potential types of uses, and six prohibition articles, one for each type of use. Below are the final bylaws as approved by the Planning Board on March 4, 2019. No alteration s have been made other than those approved by the Board on March 4 th. Due to a procedural issue, there is no record of Hearing mailings to the State so these articles are being re -heard. Below are the article s listed in the Warrant and on file with the T own Clerk, Board of Selectmen, and Planning Office. April 2, 2019 ARTICLE 25: Section 250-4.15. Non-Medical Marijuana Establishments To see if the Town will vote to amend the Code of Lunenburg, to modify Section 250-4.1 by inserting 250-4.1O(1-6), to delete Section 250-4.15 Temporary Moratorium on Sale and Distribution of Recreational Marijuana and replace it with Section 250- 4.15 Non-Medical Marijuana Establishments, or anything relative thereto ===PAGE 2=== Minutes, 04.22.19 TM Zoning Article, Non-Medical Marijuana Page 2 4.1O NON- MEDICAL MARIJUANA USES RA RB O LB/ R C OP/I R VCD SS TT W 4.1O(1 ) Marijuana cultivator SP-PB SP-PB SP-PB - - SP-PB - - - - - 4.1O(2 ) Marijuana Product Manufactur er - - - - - SP-PB - - - - - 4.1O(3 ) Marijuana Testing Facility - - - - - SP-PB - - - - - 4.1O(4 ) Marijuana Retailer - - - - SP- PB- SP-PB - - - SP- PB - - 4.1O(5 ) Marijuana Transporter - - - - - SP-PB - - - - - 4.1O(6 ) Marijuana Researcher SP-PB 4.1O Non-Medical Marijuana Uses 4.1O(1) "Marijuana cultivator'', an entity licensed to cultivate, process and package marijuana, to deliver marijuana to Marijuana Establishments and to transfer marijuana to other Marijuana Establishments, but not to consumers. 4.1O(2) "Marijuana product manufacturer'', an entity licensed to obtain, manufacture, process and package marijuana and marijuana products, to deliver marijuana and marijuana products to Marijuana Establishments and to transfer marijuana and marijuana products to other Marijuana Establishments, but not to consumers. 4.1O(3) "Marijuana testing facility'', an entity licensed to test marijuana and marijuana products, including certification for potency and the presence of contaminants. 4.1O(4)"Marijuana retailer'', an entity licensed to purchase and deliver marijuana and marijuana products from Marijuana Establishments and to deliver, sell or otherwise transfer marijuana and marijuana products to Marijuana Establishments and to consumers. 4.1O(5) “Marijuana Transporter” an entity with a fixed location not otherwise licensed by the Commission, that is licensed to purchase, obtain, and possess cannabis or marijuana product solely for the purpose of transporting, temporary storage, sale and distribution to Marijuana Establishments, but not to consumers. Marijuana Transporters may be an Existing Licensee Transporter or Third Party Transporter. 4.1O(6) “Marijuana Researcher Facility” an entity licensed to cultivate, purchase, or otherwise acquire marijuana for the purpose of conducting research regarding marijuana products. Non-Medical Marijuana Establishments 250-4.15.A Purpose: The purpose of this Bylaw is to allow state-licensed non-medical Marijuana Establishments to exist in the Town of Lunenburg in accordance with applicable state laws and regulations and impose reasonable sa feguards to govern the time, place and manner of Marijuana Establishment operations and any business dealing in marijuana, marijuana products and marijuana accessories in such a way as to ensure public health, safety, well -being, as well as limit undue imp acts on the natural environment as it relates to cultivation, processing and manufacturing subject to the provisions of this Zonin g Bylaw, M.G.L. c. 40A, and M.G.L. c. 94G. 250-4.15.B Applicability: Where permitted by the Use Regulation Schedule, Section 2 50-4.1, the types of Marijuana Establishments specified therein may be allowed in designated zoning districts by special permit issued by the Planning Board pursuant to M.G.L. c. 40A, § 9, and Section 250 -8.3 of this By -Law. All Marijuana Establishments a uthorized by special permit shall also require site plan review pursuant to Section 250 -8.4; which review shall be undertaken concurrently with the special permit process. The provisions of this Section 250 -4.15 shall not apply to Medical Marijuana Treatm ent Centers, which shall be subject to and governed exclusively by Section 250-4.14. 250-4.15.C Special Permit Required: The Planning Board may grant a Special Permit for Marijuana Establishments, as defined in M.G.L. c. 94G, in accordance with the standards set forth in this section and the general criteria for granting a Special Permit contained in Section 250-8.3 of the Code of Lunenburg. ===PAGE 3=== Minutes, 04.22.19 TM Zoning Article, Non-Medical Marijuana Page 3 250-4.15.D Definitions: This Bylaw shall incorporate all definitions promulgated by M.G.L. 94G as amended. 250-4.15.E Requirements 1. It shall be unlawful for any person to operate a Marijuana Establishment without obtaining a special permit to operate pursuant to the requirements of this Bylaw. 2. A separate special permit is required for each different Marijuana Establishment det ailed in Section 250-4.1.O. In the case that one or more different types of Marijuana Establishments are proposed, each establishment type shall require a special permit from the Planning Board. 3. The special permit requirements set forth in this Bylaw shall be in addition to, and not in lieu of, any other licensing and permitting requirements imposed by any other federal, state, or local law. 4. The issuance of a special permit pursuant to this Bylaw does not create an exception, defense, or immunity to any person or entity in regard to any potential criminal liability the person or entity may have for the production, distribution, or possession of marijuana. 5. A special permit issued for a Marijuana Establishment is not transferable or assignable t o a different location or a different type of Marijuana Establishment. 250-4.15.F General Requirements for Marijuana Establishments: The following apply to all Marijuana Establishments as defined in Section 250 -4.1.O and in M.G.L. c. 94G, including but n ot limited to marijuana cultivation, manufacturing, testing, and retail establishments: (1) Security, Operations, and Emergency Plans. All Marijuana Establishments shall file a security plan, operation and management plan, and emergency plan with the Lune nburg Police Department: Should the Lunenburg Police Department find the Security Plan deficient, and the applicant is unable to appropriately modify the Plan to the Department’s satisfaction, the Lunenburg Police Department shall submit a written document outlining the deficiencies. (a) Security Plan. [1] The petitioner shall submit a security plan to the Lunenburg Police Department, in conformance with the requirements of the Lunenburg Police Department, to demonstrate that there is limited undue burden on Town public safety officials as a result of the proposed business. [2] The security plan shall include the details of all security measures for the site and the transportation of marijuana and marijuana products to and from off-site premises to ensure the safety of employees and the public and to protect the premises property from theft or other criminal activity. (b) Operation and Management Plan. All Marijuana Establishments shall submit an operation and management plan to the Building Department and Planning Board which shall include, but not be limited to the following elements: Organizational Structure, Location, Property Description, Hours of Operation and Staffing, description of proposed operations, distribution practices, employee safety, general compliance, fire prevention, sanitation and waste disposal requirements, electrical system overview, proposed energy demand and proposed electrical demand off-sets, ventilation system and air quality, proposed water system and utility demand prior to the issuance of a building permit. (c) Emergency Response Plan. All Marijuana Establishments shall meet with the Lunenburg Fire Department and the Lunenburg Police Department to discuss and identify emergency plans/contingency plans for the site. A written Emergency Response Plan, including contact information for a facility representative available 24 hours a day, shall be filed with the Lunenburg Fire Department and the Lunenburg Police Department pursuant to M.G.L. c. 94G, § 12. (d) Marijuana Establishm ents shall comply with 527 CMR and with Chapter 38 of the NFPA 1 (2018), as they may be amended, and as applicable. (2) All Marijuana Establishments shall be within a fully enclosed structure and no marijuana odor shall be detectable at the Marijuana Establishment’s property line. The use of chemical masking agents shall not be permitted. (3) Marijuana Establishments shall not be located in mobile structures. (4) A Marijuana Establishment shall not be located within five hundred (500) feet of a pre -existing public or private school providing education in kindergarten or any of grades 1 through 12, pre -existing small and large group child care facilities licensed by the Commonwealth, or within two hundred fifty (250) feet of pre -existing family child care p roviders licensed by the Commonwealth, municipal active recreation facilities, houses of worship and funeral homes. This setback shall be measured from the nearest portion of the Marijuana Establishment’s structure to the property line of the protected use. (5) All business signage shall be subject to the requirements to be promulgated by the Cannabis Control Commission and the requirements of Sections 250-6.5 of the Code of Lunenburg, as amended. (6) No marijuana shall be smoked, eaten, or otherwise cons umed or ingested within any type of licensed Marijuana Establishment or property thereof. ===PAGE 4=== Minutes, 04.22.19 TM Zoning Article, Non-Medical Marijuana Page 4 (7) Marijuana Establishments shall comply with applicable State and local laws, regulations, by -laws, codes, conditions and agreements with the Town, including, but not limited to, M.G.L. c. 94G,935 CMR 500, the Town of Lunenburg’s General By-Laws, the Town of Lunenburg’s Zoning By -Laws, all applicable local and state building, fire prevention, police , and health codes, regulations and standards, any conditions imposed on licenses and permits held by the Marijuana Establishment (including, but not limited to, the Town’s Planning Board Special Permit), and agreements between the Marijuana Establishment and the Town, including host community agreements. (8) All Marijuana Establishments shall be required to permit each individual location/address individually with the Town of Lunenburg. (9) Marijuana Establishment operations shall not create nuisance cond itions in parking areas, sidewalks, streets and areas surrounding its premises and adjacent properties. “Nuisance” includes, but is not limited to, disturbances of the peace, open public consumption of Marijuana, excessive pedestrian or vehicular traffic, odors emanating from the Marijuana Establishment’s premises, lighting, illegal drug activity under State or local law, harassment of passersby, littering, loitering, illegal parking, excessive loud noises, excessive citation for violations of State traffic laws and regulations and/or local Traffic Rules and Regulations, queuing of patrons (vehicular or pedestrian) in or other obstructions of the public way (sidewalks and streets), collisions between vehicles, bicyclists, and pedestrians, lewd conduct or any activities that result in police detentions and arrests. (10) A Marijuana Establishment shall be required to remove all Marijuana and Marijuana Products by the earlier of: (a) prior to surrendering its State-issued license; or (b) within ninety (90) days of ceasing operations. Applicants shall be required to estimate and submit a detailed breakdown of the total cost for the removal of all Marijuana and marijuana products. This estimate will be reviewed and approved by the Planning Board. Prior to the recording of any Special Permit, the applicant shall place surety with the Town of Lunenburg in the amount of the approved estimate plus twenty percent (20%). (11) No use of any special permit or site plan approval issued hereunder shall commence nor shall construction of a Marijuana Establishment authorized hereunder begin unless and until all requisite provisional license(s) and approval(s) under M.G.L. c. 94G and 935 CMR 500.000, et seq., have first been obtained. No Marijuana Establishment shall be permit ted to commence operations until the Cannabis Control Commission has issued a Final License. (12) No land, building(s) or structure(s) shall be used for Marijuana -related business or activity except in accordance with a license issued by the Commonwealth of Massachusetts in good standing. (13) The requirements of this Section 250 -4.15 shall apply to all Marijuana Establishments regardless of the class or type of license issued by the Commonwealth of Massachusetts. All requisite operational, siting and sec urity requirements of the applicable licensing scheme shall be satisfied, and proof thereof submitted to the Planning Board. (14) Marijuana plants, marijuana products and marijuana accessories for the ingestion, inhalation, or used to introduce marijuana to the human body shall not be visible from the outside of any structure in which a Marijuana Establishment is located; nor shall any outdoor storage be permitted. The foregoing shall be deemed to prohibit outdoor cultivation by a Marijuana Cultivator. (15) No Marijuana-related public events shall be permitted except in accordance with M.G.L. c. 94G and 935 CMR 500.000, et seq. , and only if, and as may be authorized by, the Board of Selectmen from time to time. (16) The Planning Board, as SPGA, may impose s uch restrictions on the time, place and manner of Marijuana Establishment operations and of any business dealing in marijuana, marijuana products and/or marijuana accessories as may be necessary to protect the public interest and/or to satisfy the purpose and intent of this By-Law. The Planning Board may consider factors including, but not limited to, project and building design, setbacks, visibility, traffic and pedestrian circulation, outdoor lighting, odor control, security, hours of operation and consi stency with nearby and abutting land uses, and may reasonably condition any special permit or site plan approval accordingly. (17) Pursuant to M.G.L. c. 40A, § 3, agriculture, aquaculture, floriculture and horticulture shall not include the growing, cultivation, distribution of Marijuana; and, consequently, these activities are not exempt from zoning thereunder. (18) All shipping and receiving areas shall be for the exclusive use of the Marijuana Establishment. (19) All Marijuana Establishments shall comply fully with the provisions of 935 CMR 500.000, as amended. ===PAGE 5=== Minutes, 04.22.19 TM Zoning Article, Non-Medical Marijuana Page 5 250-4.15.G. Access to Premises and Information/Reporting/Record-Keeping (1) Marijuana Establishments shall consent to unannou nced, unscheduled, periodic inspections of its premises by the Building Commissioner or designee, or an agent from the Planning, Health, Police and Fire Departments (which, when conducted by the Police Department, shall be by a sworn police officer assigne d by the Chief) on week -days during normal business hours to determine the Marijuana Establishment’s compliance with the requirements of applicable state and local laws, regulations, codes, license and permit conditions, and this section. In addition, rout ine inspections may be made on week -days during regular Town business hours by authorized inspectional departments to determine compliance with applicable state and local laws, regulations, codes and license and permit conditions. Inspections by the authorized inspectional departments may be made at other times to investigate complaints or suspected noncompliance issues. Inspections may include all areas occupied, used or controlled by the Marijuana Establishment. Facilities requiring re -inspection may be s ubject to applicable re -inspection fees. Inspections shall be conducted in conformity with applicable federal, state and local law. (2) Marijuana Establishments shall cooperate and comply with requests for information made by the Building Commissioner or designee, including agents from the Planning, Building, Health, Police, Fire and Public Works Departments. Within twenty -four (24) hours of receipt of notice of it, a Marijuana Establishment shall file with the Town Manager, Police Chief, Board of Health and the Building Commissioner any summary cease and desist order, quarantine order, suspension order, revocation order, order limiting sales, deficiency statement, plan of correction, notice of a hearing, notice of any other administrative process or legal action, denial of a license, denial of a renewal of a license, or final action issued by a state or federal agency (including, but not limited to, the Cannabis Control Commission and Massachusetts Department of Public Health) regarding the Marijuana Estab lishment, the Cannabis Control Commission license, or the Department of Public Health Certificate of Registration. 250-4.15.H Requirements Specific to Marijuana Retailer Establishments. Marijuana retailers shall be subject to M.G.L. c. 94G, § 12 and the f ollowing restrictions to ensure there are no undue impacts on the health, safety, and well -being of the public: (1) As defined in M.G.L. c. 94G, the number of marijuana retailers shall be limited to no more than 2. (2) There shall be no drive/walk-up service window or other mechanical or non-mechanical means that allows the retail sale of marijuana, marijuana products and/or marijuana accessories through the exterior walls of a retail Marijuana Establishment to a customer or customers. 250-4.15.I Requirements Specific to Marijuana Transporters (1) No marijuana or marijuana products shall be permitted to be stored in any vehicle. All products must be stored inside a fully enclosed building and in a manner deemed appropriate by the Lunenburg Police Department and the Planning Board. 250-4.15.J Setbacks from Residential Uses All Marijuana Establishments must be setback from any pre -existing residential use or lot located in a residential zoning district as shown in the chart below. This distance shall be measure d from nearest portion of the Marijuana Establishment’s structure to the property line. Marijuana Establishment Type RA RB O LB/R C OP/I R VCD SS TT W 4.1O(1) Marijuana Cultivator 375 Feet 375 Feet 375 Feet N/A N/A 250 Feet N/A N/A N/A N/A N/A 4.1O(2) Marijuana Product Manufacturer N/A N/A N/A N/A N/A 250 Feet N/A N/A N/A N/A N/A 4.1O(3) Marijunana Testing Facility N/A N/A N/A N/A N/A 250 Feet N/A N/A N/A N/A N/A 4.1O(4) Marijuana Retailer N/A N/A N/A N/A 250 Feet 250 Feet N/A N/A 250 Feet N/A N/A 4.1O(5) Marijuana Transporter N/A N/A N/A N/A N/A 250 Feet N/A N/A N/A N/A N/A 4.1O(6) Marijuana Researcher N/A N/A N/A N/A N/A 250 Feet N/A N/A N/A N/A N/A Zoning District Marijuana Establishment is Located ===PAGE 6=== Minutes, 04.22.19 TM Zoning Article, Non-Medical Marijuana Page 6 250-4.15.K Special Permit Procedure: All Special Permits for Marijuana Es tablishments shall be filed and follow the provisions of Section 250 -8.3 of the Code of Lunenburg and the Planning Board Rules and Regulations for Site Plan Approval & Special Permits, as amended. In addition to the requirements listed in the aforementioned documents applicants must also submit the following information: (1) Applicant shall submit proof of approval from the Commonwealth of Massachusetts for the proposed Marijuana Establishment by submitting copies of all required registrations, licenses and permits issued to the applicant by the state and any of its agencies for the facility as well as Host Community Agreement (HCA) with the Town and approval hereunder shall be conditioned on final approval from the Commonwealth. (2) In addition to complyin g with any other state or town requirement related to good character and criminal background, any person or entity proposed to have interests in the license to operate a Marijuana Establishment shall not have committed any marijuana licensing violation aff ecting public safety, or received any suspension or revocation of any other state or local marijuana business licenses. (3) A statement signed by the organization's chief executive officer disclosing all of its designated owners, including officers, direc tors, partners, managers, investors or other similarly situated individuals. If any of the above are entities rather than persons, the Applicant must disclose the identity and current contact information of all responsible individuals. (4) Evidence that the applicant has site control and the right to use the site for a Marijuana Establishment. (5) An Odor Control Plan detailing the Marijuana Establishment’s proposed mitigation measures for the potential odors associated with the operation of their business. 250-4.15.L Special Permit Findings: In addition to the findings for a special permit in Section 250 -8.3 of the Code of Lunenburg, the Planning Board must also make the following findings: (1) The applicant demonstrates that the Marijuana Establishme nt will meet all of the permitting requirements of all applicable agencies within the Commonwealth and will be in compliance with all applicable state laws and regulations, including, but not limited to M.G.L.A. c. 94G, § 12 General Marijuana Establishment Operation. (2) The applicant has satisfied all of the conditions and requirements of this section and other applicable sections of the Zoning Bylaw and any applicable town bylaws. (3) The facility provides adequate security measures to ensure that there are not direct threats to the health or safety of employees, staff, or members of the public and that storage and location of marijuana and marijuana products is adequately secured. 250-4.15.M Lapse: Notwithstanding the provisions of Sections 250 -8.3 & 8.4 of this Bylaw, any special permit issued for a Marijuana Establishment, and any site plan approval received therefor, shall lapse within one (1) year from the grant thereof (plus such time as may be required to pursue or await the determination of an appeal therefrom) if substantial use has not sooner commenced, except for good cause. 250-4.15.N Prohibition: All Marijuana Social Consumption Operations are expressly prohibited anywhere within the Town of Lunenburg; provided, however, that said prohibi tion shall apply only insofar as the same does not conflict with Massachusetts law, or has not been preempted thereby. 250-4.15.O Revocation: Any violation of this Bylaw or conditions of the Special Permit shall be grounds for the revocation. The Special Permit may be revoked by the Planning Board if the Cannabis Control Commission license is revoked or lapses. The Marijuana Establishment shall notify the Planning Board of the revocation or loss of license(s) in writing within forty eight (48) hours of such happening. 250-4.15.P Severability: If any provision of this section is invalidated by subsequent legislation or regulation, or held to be invalid by a court of competent jurisdiction, then such provision shall be considered separately and apart from the remaining provisions, which shall remain in full force and effect. ===PAGE 7=== Minutes, 04.22.19 TM Zoning Article, Non-Medical Marijuana Page 7 ARTICLE 26 To see if the Town will vote to amend the Code of Lunenburg, to modify §250-4.1 by inserting §250-4.1O(1) Marijuana Cultivator; or take any other action relative thereto. 4.1O NON-MEDICAL MARIJUANA USES RA RB O LB/R C OP/I R VCD SS TT W 4.1O(1) Marijuana cultivator3 - - - - - - - - - - - 3. Per G.L. c. 94G, § 3(a)(2), marijuana cultivators , as defined by G.L. c. 94G, § 1, are prohibited within the Town of Lunenburg but expressly excluding Medical Marijuana Treatment Centers. Said prohibition shall be effective only upon passage by the voters at a regular or special Town election. 4.1O(1) "Marijuana cultivator'', an entity licensed to cultivate, process and package marijuana, to deliver marijuana to marijuana establishments and to transfer marijuana to other marijuana establishments, but not to consumers. ARTICLE 27: To see if the Town will vote to amend the Code of Lunenburg, to modify §250-4.1 by inserting §250-4.1O(2) Marijuana Product Manufacturer; or take any other action relative thereto. 4.1O NON-MEDICAL MARIJUANA USES RA RB O LB/R C OP/I R VCD SS TT W 4.1O(2) Marijuana product manufacturer4 - - - - - - - - - - - 4. Per G.L. c. 94G, § 3(a)(2), marijuana product manufacturers , as defined by G.L. c. 94G, § 1, are prohibited within the Town of Lunenburg but expressly excluding Medical Marijuana Treatment Centers. Said prohibition shall be effective only upon passage by the voters at a regular or special Town election. 4.1O(2) "Marijuana product manufacturer'', an entity licensed to obtain, manufacture, process and package marijuana and marijuana products, to deliver marijuana and marijuana products to marijuana establishments and to transfer marijuana and marijuana products to other marijuana establishments, but not to consumers. ARTICLE 28: To see if the Town will vote to amend the Code of Lunenburg, to modify §250-4.1 by inserting §250-4.1O(3) Marijuana Testing Facility; or take any other action relative thereto. 4.1O NON-MEDICAL MARIJUANA USES RA RB O LB/R C OP/I R VCD SS TT W 4.1O(3) Marijuana testing facility5 - - - - - - - - - - - 5. Per G.L. c. 94G, § 3(a)(2), marijuana testing facilities, as defined by G.L. c. 94G, § 1, are prohibited within the Town of Lunenburg but expressly excluding Medical Marijuana Treatment Centers. Said prohibition shall be effective only upon passage by the voters at a regular or special Town election. 4.1O(3) "Marijuana testing facility'', an entity licensed to test marijuana and marijuana products, including certification for potency and the presence of contaminants. ===PAGE 8=== Minutes, 04.22.19 TM Zoning Article, Non-Medical Marijuana Page 8 ARTICLE 29: To see if the Town will vote to amend the Code of Lunenburg, to modify §250-4.1 by inserting §250-4.1O(4) Marijuana Retailer; or take any other action relative thereto. 4.1O NON-MEDICAL MARIJUANA USES RA RB O LB/R C OP/I R VCD SS TT W 4.1O(4) Marijuana retailer6 - - - - - - - - - - - 6. Per G.L. c. 94G, § 3(a)(2), marijuana retailers , as defined by G.L. c. 94G, § 1, are prohibited within the Town of Lunenburg but expressly excluding Medical Marijuana Treatment Centers. Said prohibition shall be effective only upon passage by the voters at a regular or special Town election. 4.1O(4)"Marijuana retailer'', an entity licensed to purchase and deliver marijuana and marijuana products from marijuana establishments and to deliver, sell or otherwise transfer marijuana and marijuana products to marijuana establishments and to consumers. ARTICLE 30: To see if the Town will vote to amend the Code of Lunenburg, to modify §250-4.1 by inserting §250-4.1O(5) Marijuana Retailer; or take any other action relative thereto 4.1O NON-MEDICAL MARIJUANA USES RA RB O LB/R C OP/I R VCD SS TT W 4.1O(5) Marijuana transporter7 - - - - - - - - - - - 7. Per G.L. c. 94G, § 3(a)(2), marijuana transporter , as defined by G.L. c. 94G, § 1, are prohibited within the Town of Lunenburg but expressly excluding Medical Marijuana Treatment Centers. Said prohibition shall be effective only upon passage by the voters at a regular or special Town election. 4.1O(5) “Marijuana Transporter” an entity, not otherwise licensed by the Commission, that is licensed to purchase, obtain, and possess cannabis or marijuana product solely for the purpose of transporting, temporary storage, sale and distribution to Marijuana Establishments, but not to consumers. Marijuana Transporters may be an Existing Licensee Transporter or Third Party Transporter. ARTICLE 31 To see if the Town will vote to amend the Code of Lunenburg, to modify §250-4.1 by inserting §250-4.1O(1) Marijuana Researcher; or take any other action relative thereto. 4.1O NON-MEDICAL MARIJUANA USES RA RB O LB/R C OP/I R VCD SS TT W 4.1O(1) Marijuana Researcher8 - - - - - - - - - - - 8. Per G.L. c. 94G, § 3(a)(2), marijuana researcher , as defined by G.L. c. 94G, § 1, are prohibited within the Town of Lunenburg but expressly excluding Medical Marijuana Treatment Centers. Said prohibition shall be effective only upon passage by the voters at a regular or special Town election. 4.1O(6) “Marijuana Researcher Facility” an entity licensed to cultivate, purchase, or otherwise aquire marijuana for the purpose of conducting research regarding marijuana products. ===PAGE 9=== Minutes, 04.22.19 TM Zoning Article, Non-Medical Marijuana Page 9 A. Burney noted a ll marijuana uses would be allowed in Office Park and Industrial Districts, additionally, Cultivators would be allowed in Residence A, Residence B, and Outlying; and Retailer in Commercial and Summer Street Overlay. M. Allison stressed the importance of passage of Article 25, in the event that any of the prohibition articles do not pass. P. Bertram made Motion to close hearing, T. Cole Seconded, all aye. Hearing closed 8:36 PM. Documents used at Hearing: Zoning Warrant Articles 25, 26, 27, 28, 29, 30, and 31 Minutes/public hearings 2019/TM Warrant Article 04.22.19_marijuana ======================================================================================== DOCUMENT : 2019-04-22-minutes-4021.txt BOARD : planning-board DATE : 2019-04-22 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2019-04-22-minutes-4021.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_04222019-4021 ======================================================================================== ===PAGE 1=== ===PAGE 2=== ======================================================================================== DOCUMENT : 2019-04-22-minutes-4041.txt BOARD : planning-board DATE : 2019-04-22 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2019-04-22-minutes-4041.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_04222019-4041 ======================================================================================== ===PAGE 1=== ===PAGE 2=== ======================================================================================== DOCUMENT : 2019-04-29-agenda-4039.txt BOARD : planning-board DATE : 2019-04-29 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2019-04-29-agenda-4039.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_04292019-4039 ======================================================================================== ===PAGE 1=== TOWN OF LUNENBURG Office of the Planning Board Matthew Allison, Chair Tel: (978) 582-4147 ext 5 Vice Chair Fax: (978) 582-4353 Kenneth Chenis, Clerk 960 Massachusetts Avenue Tanner Cole, Member Lunenburg, MA 01462 Paula Bertram, Member Land Use Director Adam R. Burney Administrative Assistant Marjorie J. Boggio Town of Lunenburg Public Hearing The Lunenburg Planning Board will hold nine (9) concurrent public hearings on April 29, 2019, 6:30PM, Joseph Bilotta Meeting Room, Town Hall, 17 Main Street, Lunenburg, MA. The Public Hearings will be pursuant to a Remand Order issued by the Land Court Department of the Trial Court, see O’Brien Homes, Inc., John Aro and Judith Aro, v. Town of Lunenburg, Docket Nos. 13 MISC 477878 through 13 MISC 477887 (KCL) , to hear and discuss applications under the Code of Lunenburg, Chapter 325, Subdivision Regulations, for eight subdivisions totaling 122 lots: Aro Estates 1 , containing eighteen lots ; Aro Estates 2 , containing nineteen lots ; Aro Estates 3 , containing seventeen lots ; Aro Estates 4 , containing twenty-one lots; Aro Estates 5, containing twenty lots; Aro Estates 6, containing sixteen lots ; Aro Estates 7 , containing five lots ; Aro Estates 8 , containing six lots; and Aro Estates 9 containing one parcel . Parcel addresses are: 460 Howard Street, Map 6, Parcel 25, owner 460 Howard Street Realty Trust, 18 Cassimere Street, Andover, MA; 318 Howard Street, Map 17, Parcel 20, owner O’Brien Homes, 18 Cassimere Street, Andover, MA ; 400 Howard Street, Map 6, Parcel 24, owner John Aro, 280 Poor Farm Road, New Ipswich, NH; and 390 Howard Street, Map 17, Parcel 34, owner O’Brien Homes, Inc. Applicant is O’Brien Homes, Inc., 18 Cassimere Street, Andover, MA. Materials are available for viewing at the Planning Board office, 960 Massachusetts Avenue, Lunenburg, MA 01462, during normal business hours. ======================================================================================== DOCUMENT : 2019-04-29-agenda-4042.txt BOARD : planning-board DATE : 2019-04-29 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2019-04-29-agenda-4042.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_04292019-4042 ======================================================================================== ===PAGE 1=== TOWN OF LUNENBURG Office of the Planning Board Matthew Allison, Chair Tel: (978) 582-4147 ext 5 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, April 29, 2019 – 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 Call to Order Public Hearings:  Aro Estates off Howard Street  Article 40, by citizen petition, to add (7) to Chapter 250, 4.1.J (continued from 4/22/19) Board Discussion regarding Aro Estates with Possible Vote Adjournment ======================================================================================== DOCUMENT : 2019-04-29-minutes-4039.txt BOARD : planning-board DATE : 2019-04-29 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2019-04-29-minutes-4039.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_04292019-4039 ======================================================================================== ===PAGE 1=== TOWN OF L UNENBURG Office of the Planning Board Matthew Allison, Chair Tel: (978) 582-4147, ext 5 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 Aro Estates off Howard Street April 29, 2019 Meeting Posted: Yes Place: Town Hall, 17 Main Street, Lunenburg, MA Time: 6:30 PM Present: Matthew Allison, Tanner Cole, Paula Bertram, Adam R. Burney Absent: Kenneth Chenis Also Present: Adam Costa, Town Counsel The Hearing was to hear and discuss applications under the Code of Lunenburg, Chapter 325, Subdivisi on Regulations, for nine subdivisions totaling 122 lots: Aro Estates 1, containing eighteen lots; Aro Estates 2, containing nineteen lots; Aro Estate s 3, containing seventeen lots; Aro Estates 4, containing twenty -one lots; Aro Estates 5, containing twent y lots; Aro Estates 6, containing sixteen lots; Aro Estates 7, containing five lots; Aro Estates 8, containing six lots; and Aro Estates 9 containin g one parcel. Parcel addresses are: 460 Howard Street, Map 6, Parcel 25, owner 460 Howard Street Realty Tru st, 18 Cassimere Street, Andover, MA; 318 Howard Street, Map 17, Parcel 20, owner O’Brien Homes, 18 Cassimere Street, Andover, MA; 400 Howard Street, Map 6, Parcel 24, owner John Aro, 280 Poor Farm Road, New Ipswich, NH; and 390 Howard Street, Map 17, Parcel 34, owner O’Brien Homes, Inc. Applicant is O’Brien Homes, Inc., 18 Cassimere Street, Andover, MA. The applicant O’Brien Homes was represented by Attorney Don Borenstein , Johnson & Borenstein, 12 Chestnut Street, Andover, MA. Also present were Kevin O’Brien, Principal, O’Brien Homes, and Wes Flis, Project Engineer, Whitman & Bingham Associates (WBA). This project has been in litigation for a number of years and now a Settlement Agreement has been reached. Some of the main points called for in the S ettlement Agreement were, 1) a portion of the total 189 acre site be conveyed to the Town for conservation purposes (will be ~44 acres), 2) 20% of the houses will be 55+, 3) access will be provided to Town -owned land behind the site, and 4) the project wil l be reduced by 13 lots. The 44 acres to the Town will be the combination of Aro 9 and 10. Aro 6 and 8 have been amended under the Settlement Agreement. Aro 1 – 5, and 7 remain unchanged. WBA presented two handouts to the Board; the proposed layout pla n from 2012 and an updated 2019 plan showing the changes per the Settlement Agreement. Aro 6 has been modified to eliminate the cul -de-sac in Aro 9. Aro 8 has been reduced from 23.4 to 11.2 acres (6 lots) to reduce impact to the headwaters of Mulpus Broo k. Some of Aro 8 became part of Aro 9 , which will be deeded to the Town. As a result of Aro 9 and 10 being deeded to the Town, seven lots will be removed. ===PAGE 2=== Minutes, 04.29.19, Aro Estates, Howard Street Page 2 P. Bertram wanted to ensure that any outstanding concerns noted in the David E. Ross review letter of 04.17.13 had been/would be met. She also noted concerns of the Fire Department. WBA noted those had been met. Board members requested a site walk along the easement to the Town -owned property to the site’s rear. A. Burney noted that the detention basin previously located in Aro 8 does not appear to have been relocated elsewhere in the reconfigured plans. David Rodgers, 82 Highland Street - He had various concerns, i.e., the easement parking for individuals accessing Town forest , busing of school -age children , impact on the schools, road/drainage improvements, and phasing of construction . He also inquired what was meant by the project being remanded to the Board. A. Costa sup plied a brief ex planation of the project’s history to the public with the Board’s denial of the original 10 subdivisions. Dave Passios, 56 Whiting Street- Inquired if the access to the Town forest will be via easement or deed transfe r to the Town. Jacob Stephen, 440 Howard Street - Believed consideration should be given to creating open space around the existing homes that will be impacted by the development. Asked if environmental impact assessments had been accomplished with the influx of 122 houses. D. Passios- Inquired as to bedroom count for each home. Tom Alonzo, 284 Lancaster Avenue - Suggested access to the Town forest should be deeded property instead of an easement. Due to the cost of maintaining the Town roads, he i nquired if it is mandatory or discretionary for the Town to accept roads within a subdivision. Liz Mason, Sequoia Drive - Concerned with drainage, schools, and traffic. She went on to question the relevancy of an 11 year old traffic study. Jona Kapuchi, 363 Howard Street - Emphasized that the access drive for the site is situated on a blind corner and wondered if it could be relocated. Seth Mayer, 291 Howard Street- Concerned with the road infrastructure. D. Borenstein wanted the public to be aware that this has been a project bef ore the Board/courts for over ten years. The applicant felt that the project had been denied by the Board, not for lack of compliance with the Zoning bylaw, but for other reasons that were not appropriate for subdivision denial in the Commonwealth. He opined that the court’s decision was clear that the Board’s reasons for denial were not appropriate. He also stressed the concessions that had been made, both by the applicant and by the Planning Board, to reach this Settlement Agreement. Bedroom count w ill be 3-4 bedrooms per home. WBA noted traffic mitigation measures in the 2013 traffic update by Abend Associates. A. Costa noted that if Board members want certain measures achieved, they can request such; it will be the applicant’s choice whether or not to meet those concerns. WBA highlighted the recommendations of the 2008 traffic study and 2013 update. D. Borenstein noted the access road to the Town forest will be an extension of the subdivision roadways. His understanding is that it will start a s an easement, but become the property of the Town if the Town accepts the roadways. A. Costa stressed to the public that only town meeting can accept the roadways. WBA noted the drainage analysis hasn’t changed since 2013 so drainage plans were not updated. P. Bertram stated that she does not have an issue with the Settlement Agreement, but still ha s questions specific to the plans. A. Costa responded those are appropriate topics for Board discussion and the Board can request the applicant continue the hearing to allow for those topics to be addressed. The width of the road for parking within close proximity to the Town forest raised concerns with the Board. A. Costa did not have legal concerns whether it is a roadway easement or an access easement. Both A. Costa and T. Cole recall the conversations during the Settlement Agreement were for a roadway extension. D. Rodgers- Concerned with the possibility of the site having multiple developers instead of just one. ===PAGE 3=== Minutes, 04.29.19, Aro Estates, Howard Street Page 3 J. Stephen- Reiterated his concern with impact to abutters. D. Borenstein explained Mr. O’Brien intends to develop the subdivision in a marketable fashion, which would include site landscaping. Mr. O’Brien had conveyed to D. Bo renstein he would be happy to meet with concerned abutters at the conclusion of this evening to exchange contact information and discuss possible site treatment along common property lines. D. Borenstein will examine the easement access/road situation. P. Bertram does not want it to look like a developed road. T. Cole asked if the Board wants to provide access to the entire Town and adjoining communities with the possibility of two travel lanes or a more unobtrusive road for residents in the immediate vic inity. P. Bertram wants to retain the wooded look and not a two lane road. M. Allison noted that 200+ feet of a single driving lane will be a safety issue. W. Flis suggested a 40 ft fee interest closer to the cul- de-sac in Lot 22, Aro Estates 8. Mr. O’Brien would be agreeable to constructing a 20 foot wide gravel drive to the open space. D. Borenstein will work on revising the access per current discussion. The Board will seek comments from the Conservation Commission. WBA will provide pdfs of the pl ans to the Board along with documentation that shows the final peer review comments have been addressed. P. Bertram made Motion to continue the concurrent subdivision hearing s to May 13, 2019, 6:30 PM, T. Cole Seconded, all aye. Hearing recessed 8:44 PM. Documents used at meeting: Definitive Subdivision Plans, Aro Estates 1-9 Amendment Narrative Traffic Impact Update, Abend Associates, 02.11.13 Letter, Fire Department, 03.01.13 Letter, Board of Health, 11.07.12 Review Letters, David E. Ross Associates, Inc., 01.24.13, 02.25.13, 03.29.13, 04.09.13, 04.17.13 Proposed Layout - 2012 Proposed Layout - 2019 Minutes/public hearings 2019/Aro Estates_Howard Street_04.29.19 ======================================================================================== DOCUMENT : 2019-04-29-minutes-4042.txt BOARD : planning-board DATE : 2019-04-29 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2019-04-29-minutes-4042.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_04292019-4042 ======================================================================================== ===PAGE 1=== TOWN OF L UNENBURG Office of the Planning Board Matthew Allison, Chair Tel: (978) 582-4147, ext 5 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 April 29, 2019 Meeting Posted: Yes Place: Town Hall, 17 Main Street, Lunenburg, MA Time: 6:30 PM Present: Matthew Allison, Tanner Cole, Paula Bertram, Adam R. Burney Absent: Kenneth Chenis PUBLIC HEARINGS: Aro Estates off Howard Street - see separate minutes . P. Bertram made Motion to continue the nine concurrent subdivision hearings to May 13, 2019, 6:30 PM, T. Cole Seconded, all aye. Zoning Warrant Article 40 (cont’d)- see separate minutes. T. Cole made Motion to not recommend approval of Article 40, P. Bertram Seconded, all aye. ADJOURNMENT: P. Bertram made Motion to adjourn, T. Cole Seconded, all aye. Adjourned 9:17 PM ======================================================================================== DOCUMENT : 2019-05-04-agenda-4003.txt BOARD : planning-board DATE : 2019-05-04 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2019-05-04-agenda-4003.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_05042019-4003 ======================================================================================== ===PAGE 1=== TOWN OF LUNENBURG Office of the Planning Board Matthew Allison, Chair Tel: (978) 582-4147 ext 5 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 Saturday, May 4, 2019 – 8:45 AM Lunenburg Middle/High School, 1079 Massachusetts Avenue, Lunenburg, MA AGENDA Call to Order Discussion of Town Meeting Zoning Articles Adjournment ======================================================================================== DOCUMENT : 2019-05-13-agenda-4004.txt BOARD : planning-board DATE : 2019-05-13 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2019-05-13-agenda-4004.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_05132019-4004 ======================================================================================== ===PAGE 1=== TOWN OF LUNENBURG Office of the Planning Board Matthew Allison, Chair Tel: (978) 582-4147 ext 5 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, May 13, 2019 – 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. APPOINTMENT: Lunenburg Veterinary Hospital, 109 Massachusetts Avenue- Waiver Request 4. PUBLIC HEARING CONTINUATIONS: 151-181 Leominster Shirley Rd (from 12.10.18) Aro Estates off Howard St (from 04.29.19) Board Discussions regarding 151-181 Leominster Shirley Road and Aro Estates with Possible Vote 5. MINUTES APPROVAL: 04.08.19 04.22.19 04.22.19, Zoning Articles 04.22.19, Zoning Article – Non-Medical Marijuana 04.29.19 04.29.19, Aro Estates, Howard Street 04.29.19, Citizen Petition Zoning Article 6. COMMITTEE REPORTS: Capital Planning Committee, Storm Water Task Force, Agricultural Commission, MJTC, MRPC, Charter Review Committee, Green Community Task Force, Open Space Ad Hoc Committee, Land Acquisition Committee 7. DIRECTOR’S ITEMS: Annual Town Meeting- Follow-Up Economic Development Committee Earth Removal Permitting 8. NOTICES & COMMUNICATIONS: 9. MEETING SCHEDULE: All Board meetings are held at Town Hall, 6:30 PM, unless otherwise indicated June 10 June 24 10. ONGOING ITEMS: Lunenburg Code §250- 4.15. – Solar Energy Systems Lunenburg Code §250- 6.1. – Off Street Parking and Loading Areas MGL Ch. 41, §81D – Master Plan 11. PUBLIC COMMENT 12. BOARD COMMENT/CONCERNS 13. ADJOURNMENT ======================================================================================== DOCUMENT : 2019-05-13-agenda-4051.txt BOARD : planning-board DATE : 2019-05-13 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2019-05-13-agenda-4051.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_05132019-4051 ======================================================================================== ===PAGE 1=== Planning Board Meeting- 151-181 Leominster Shirley Road1. ======================================================================================== DOCUMENT : 2019-05-13-minutes-4004.txt BOARD : planning-board DATE : 2019-05-13 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2019-05-13-minutes-4004.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_05132019-4004 ======================================================================================== ===PAGE 1=== TOWN OF L UNENBURG Office of the Planning Board Matthew Allison, Chair Tel: (978) 582-4147, ext 5 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 May 13, 2019 Meeting Posted: Yes Place: Town Hall, 17 Main Street, Lunenburg, MA Time: 6:30 PM Present: Matthew Allison, Kenneth Chenis, Paula Bertram, Adam R. Burney Also Present: Town Counsel Adam Costa Absent: Tanner Cole PUBLIC COMMENT: Board members thanked K. Chenis for his years serving as a Board member. APPOINTMENT: Waiver Request - Lunenburg Veterinary Hospital, 109 Massachusetts Avenue- Surgery and dentistry operations are being moved to 111 Massachusetts Avenue , with the remaining operations continuing at 109 Massachusetts Avenue. Dr. Carl Flinkstrom requested the Board approve a waiver for site plan approval as the only exterio r change will be improving the walkway between the two buildings. Five additional parking spaces were obtained with the purchase of 111 Massachusetts Avenue. Staff will be able to park at 111 Massachusetts Avenue and clients can continue to park at 109 Massachusetts Avenue. There will be no increase to number of employees or any change in hours of operation. A Spe cial Permit issued by the Zoning Board of Appeals in March 2019 noted that Dr. Flinkstrom was interested in possible weekend hours in the futu re to provide emergency services. P. Bertram made Motion to approve the request for waiver from site plan approval with the stipulation that there is no change to either the number of employees nor the hours of operation, K. Chenis Seconded, all aye. PUBLIC HEARINGS (continued): Powell Stone & Gravel, 151 -181 Leominster Shirley Road - see separate minutes . K. Chenis made Motion to approve Modification to Site Plan Approval, P. Bertram Seconded, all aye. Aro Estates, Howard Street - see separate minute s. Board discussion ensued regarding the placing of conditions on the project. Some proposed conditions are a 10 foot visual vegetated buffer for 440 and 442 Howard Street and the stormwater system be maintained in accordance with the plans. Attorney Co sta noted mitigation issues raised from prior peer review have been addressed. The 40 foot wide access will be deeded in fee to the Town. If the Town chooses not to accept it, it shall be reserved in perpetuity for non -development. As the access is for conservation purposes, it can always be accepted by the Conservation Commission without a town meeting vote. Attorney Costa relayed t he five items below contained within the Settlement Agreement that were proposed as part of the approval. A minimum of 20% of the market rate homes shall be restricted to occupancy by a person age 55 and older and shall fu rther restrict anyone less than 19 years of age fro m being a permanent resident. The restriction shall not prohibit visitors for up to 12 weeks per year , e.g., grandchildren visiting over holidays/school vacations. Construction of the age restricted units shall commence within the first 50% of homes to be constructed and be completed within the first 75% of all homes being constructed. ===PAGE 2=== Minutes 05.13.19, Page 2 A road within the subdivision shall be extended to provide access to the Town forest land. The road s hall be constructed concurrently with the subdivision roadway and not at a later date. Some of Aro Estates 8 became part of Aro Estates 9, which will be conveyed to the Town. Construction shall be phased over a period of time to avoid over-burdening the Town. No occupancy permit shall be issued until infrastructure is installed to serve each subdivision or financial security provided to ensure completion. P. Bertram wanted to discuss the phasing plan. Attorney Costa noted that the Board could discuss phasing as part of its Decision or it could be discussed during a staff pre-construction meeting. There was discussion of when the land conveyance to the Town should take place with Attorney Costa recommending during issuance of the first building permit. Regarding the 40 foot access strip, A. Burney recommended waiting until the strip is constructed. This would preclude having to grant the applicant access to work on Town property. He went on to recommend tying it to the infrastructure of Aro Estates 8. P. Bertram wanted to ensure all cisterns would meet the requi rements of the Fire Department, subsurface sewage disposal systems and water supplies to all houses meet all state and local regulations, and that the project complies with the Order of Conditions issued by the Conservation Commission. She also wanted to make sure all improvements from the traffic reports were incorporated into the development. The applicant’s phasing expectation is that it would be discussed during a staff pre -construction meeting. He would like to be able to build out units as the market dictates. Both Counsels were in agreement that , provided the 20 foot gravel drive has been constructed, the 40 foot access strip to Town forest would be conveyed to the Town at the issuance of the first building permit for Aro Estates 8 . L arger parcels to the rear would be conveyed no later than issuance of the first building permit for one of the subdivisions. Attorney Borenstein requested that Attorney Costa share the draft Decision, once prepared, prior to the Board’s June 10 th meeting. He also asked if it was reasonable to ask for a vote from the Board members this evening on the Conditions that will be prepared for the next Board meeting. Attor ney Costa advised the Board against such, as Board mem bers present this evening are not the members that will ultimately be voting on the approval. MINUTES APPROVAL: 04/08/19- K. Chenis made Motion to approve, P. Bertram Seconded, all aye. All minutes below tabled due to lack of quorum. 04/22/19- 04/22/19, Zoning Articles- 04/22/19, Zoning Article – Non-Medical Marijuana- 04/29/19 04/29/19, Aro Estates, Howard Street- 04/29/19, Citizen Petition Zoning Article- COMMITTEE REPORTS: Capital Planning Committee- no report Storm Water Task Force- no report Agricultural Commission- no report MJTC- no report MRPC- no report Charter Review Committee- K. Chenis made Motion to remove from future agendas, P. Bertram Seconded, all aye. Green Community Task Force- no report Open Space Ad Hoc Committee- no report ===PAGE 3=== Minutes 05.13.19, Page 3 Land Acquisition Committee - Verbal agreement has been met with the land owner. Committee will now meet with the Board of Selectmen and Park Commission. DIRECTOR’S ITEMS: Annual Town Meeting , Follow-Up- The Board was updated on Town Meeting votes for the zoning articles. Article 25 for the marijuana regulatory bylaw passed, marijuana p rohibition Articles 26 through 31 did not pass, Cluster Development Article 33 passed, Leominster -Shirley Road rezoning Article 38 passed, Exhibition and Workshop Article 40 was withdrawn by the petitioner, and Solar Energy Systems Article 42 did not pass. Economic Development Committee- On hold awaiting election of new Board members Earth Removal Permitting- On hold awaiting election of new Board members P. Bertram made Motion to place an item on the agenda to discuss the RFP related to the Master Plan a t a future meeting, K. Chenis Seconded, all aye. A. Burney asked Board members what was the best day/time of the week for a wal k with UNITIL to view trees tar geted for trimming or removal. Six o’clock in the evening appeared to work best for current Board members. MEETING SCHEDULE: June 10- June 24- ONGOING ITEMS: Below items will be addressed once full Board is seated. Lunenburg Code, Section 250- 4.15., Solar Energy Systems Lunenburg Code, Section 250- 6.1., Off Street Parking & Loading Areas- MGL, Ch. 41, Section 81D, Master Plan- ADJOURNMENT: P. Bertram made Motion to adjourn, K. Chenis, Seconded, all aye. Adjourned 8:54 PM Documents used at meeting: Minutes 04/08/19 Waiver Request, 109 Massachusetts Avenue ======================================================================================== DOCUMENT : 2019-05-13-minutes-4051.txt BOARD : planning-board DATE : 2019-05-13 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2019-05-13-minutes-4051.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_05132019-4051 ======================================================================================== ===PAGE 1=== TOWN OF L UNENBURG Office of the Planning Board Matthew Allison, Chair Tel: (978) 582-4147, ext 5 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 (continuation) 151-181 Leominster Shirley Road May 13, 2019 Meeting Posted: Yes Place: Town Hall, 17 Main Street, Lunenburg, MA Time: 6:37 PM Present: Matthew Allison, Kenneth Chenis, Paula Bertram, Adam R. Burney Absent: Tanner Cole The Hearing continuation 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/Owner is Steven Powell, PSG Realty 393-435, LLC, 133 Leominster Shirley Road, Lunenburg, MA. The Applicant/Owner was represented by Brian Marchetti, McCarty Engineering, Inc. The process started in fall 2018 for approval of the current operation at 151 -181 Leominster Shirley Road. A por tion of the property is zoned Residential (approximately 8 acres), but being used for commercial purposes. By citizen petition, an Article was presented, and passed, at May 2019 Town Meeting for consistent rezoning within each lot to extend to the propert y boundaries. K. Chenis made Motion to approve Modification to Site Plan Approval, P. Bertram Seconded, all aye. Hearing closed 6:47 PM Documents used at meeting: Application for Modification to Site Plan Approval McCarty Letter dated 12.21.18, subject: Plan Revisions Site Plan Approval Documents, Revised 12.21.18 GEI Review Letter dated 03.19.19 Minutes/public hearings 2019/151-181 Leominster Shirley Road_05.13.19 ======================================================================================== DOCUMENT : 2019-06-10-agenda-4005.txt BOARD : planning-board DATE : 2019-06-10 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2019-06-10-agenda-4005.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_06102019-4005 ======================================================================================== ===PAGE 1=== TOWN OF LUNENBURG Office of the Planning Board Matthew Allison Tel: (978) 582-4147 ext 5 Tanner Cole Fax: (978) 582-4353 Paula Bertram 960 Massachusetts Avenue Gregory Bittner Lunenburg, MA 01462 Rhonda Lisio Adam R. Burney Land Use Director Marjorie J. Boggio Administrative Assistant NOTICE OF MEETING Monday, June 10, 2019 – 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. CALL TO ORDER 2. BOARD REORGANIZATION 3. PUBLIC COMMENT 4. ANR PLANS: 780 Northfield Rd & 411 Chase Rd 915 Northfield Rd (to include driveway extension plan) 68 Elm St 5. APPOINTMENTS: Lanni Orchards, Chase Road- Public water & sewer UNITIL- Storm Resiliency Program (Update) Settlers Solar, 994 Northfield Rd- Request for De-Minimis Change 6. ARO ESTATES: Review and Vote on Decision 7. MINUTES APPROVAL: 04.22.19 04.22.19, Zoning Articles 04.22.19, Zoning Article – Non-Medical Marijuana 04.29.19 04.29.19, Aro Estates, Howard Street 04.29.19, Citizen Petition Zoning Article 05.13.19 05.13.19, Aro Estates, Howard Street 05.13.19, PS&G 151-181 Leominster Shirley Road 8. COMMITTEE REPORTS: Capital Planning Committee, Storm Water Task Force, Agricultural Commission, MJTC, MRPC, Green Community Task Force, Open Space Ad Hoc Committee, Land Acquisition Committee 9. DIRECTOR’S ITEMS: Town Meeting- Update Stone Farm Adult Community- Construction Bond Economic Development Earth Removal 10. NOTICES & COMMUNICATIONS: 11 MEETING SCHEDULE: All Board meetings are held at Town Hall, 6:30 PM, unless otherwise indicated June 24 July 8 July 22 12. ONGOING ITEMS: Lunenburg Code §250-4.15. – Solar Energy Systems Lunenburg Code §250-6.1. – Off Street Parking and Loading Areas MGL Ch. 41 §81D – Master Plan 13. PUBLIC COMMENT 14. BOARD COMMENT/CONCERNS 15. ADJOURNMENT ======================================================================================== DOCUMENT : 2019-06-10-minutes-4005.txt BOARD : planning-board DATE : 2019-06-10 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2019-06-10-minutes-4005.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_06102019-4005 ======================================================================================== ===PAGE 1=== TOWN OF L UNENBURG Office of the Planning Board Matthew Allison, Chair Tel: (978) 582-4147, ext 5 Tanner Cole, Vice Chair Fax: (978) 582-4353 Gregory Bittner, Clerk 960 Massachusetts Avenue Paula Bertram, Member Lunenburg, MA 01462 Rhonda Lisio, Member Adam R. Burney Land Use Director Marjorie J. Boggio Administrative Assistant Minutes June 10, 2019 Meeting Posted: Yes Place: Town Hall, 17 Main Street, Lunenburg, MA Time: 6:30 PM Present: Matthew Allison, Tanner Cole, Paula Bertram, Gregory Bittner, Rhonda Lisio, Adam R. Burney Also Present: Town Counsel Adam Costa BOARD REORGANIZATION: Chair- G. Bittner made Motion for M. Allison, Seconded by R. Lisio, all aye. Vice Chair- G. Bittner made Motion for T. Cole, Seconded by P. Bertram, all aye. Clerk- R. Lisio made Motion for G. Bittner, Seconded by P. Bertram, all aye. Remaining agenda items taken out of order. PUBLIC COMMENT: Dr. Kate Burnham, Superintendent of Schools. Expressed school department’s interest in Aro Estates development as any new development in Town has an impact on the schools. ANR PLANS: 780 Northfield Road & 4 01 Chase Road - Property owner Dan Pierce presented ANR Plan. Plan is to transfer Parcel G of 4,722 Sq. Ft. ± from 780 Northfield Road to 401 Chase Road. This will give the owner of 401 Chase Road the required setback to locate a ground mounted solar. T. Cole made Motion to approve the ANR Plan, P. Bertram Seconded, all aye. 915 Northfield Road- Property owner John Harrison presented ANR Plan. ANR Plan also included a common driveway plan for Lots 1 and 2. The current driveway to 915 Northfield Road does not split the lot line. To avoid constructing a second driveway J. Harrison is looking for relief from the Board to utilize the exi sting driveway for Lots 1 and 2. G. Bittner made Motion to approve the ANR Plan, R. Lisio Seconded, all aye. R. Lisio made Motion to approve the alter nate driveway location, G. Bittner Seconded, all aye. 68 Elm Street - Property owner Harbor Classic Home s represented by Brian Marchetti, McCarty Engineering. Property being divided into four ANR lots. Structure located on property has to be maintained due to historical significance, which affecte d lot lines. Lots are within the Sewer Service Area (SSA). The existing house is on septic, but has a sewer stub. P. Bertram made Motion to approve the ANR Plan, R. Lisio Seconded, all aye. APPOINTMENTS: Lanni Orchards, Chase Road - Jerry Lanni, Lanni Orchards noted that the property owners are in the process of selling the property’s building rights to the state for Agricultural Preservation Restriction ( APR). Lanni Orchards will be moving forward in a retail direction, e.g. farmers’ markets, CSAs . The lack of public water and sewer holds them back from bein g competitive with other farms in the Commonwealth. J. Lanni is of the opinion that having public utilities would be a good investment for the Town as revenue is generated by travel and tourism. M. Allison asked A. Burney if a public water data layer could be incorporated into ===PAGE 2=== Minutes 06.10.19, Page 2 the GIS maps. M. Allison is in favor of expanding the in frastructure in Town. P. Bertram noted that when she was on the Sewer Commission there was discussion of expanding sewer onto Chase Road, but ther e could be unintended consequences created by additional development/growth with the availability of sewer. P. Bertram made Motion to schedule a workshop to discuss infrastructure and potential development, T. Cole Seconded, all aye. UNITIL- UNITIL was represented by Municipal & Community Services Manager John DiNapoli; Arborist s Sara Sankowich and Dave Clapham. This is a follow -up to the Storm Resiliency Program as a result of the walk earlier this evening with UNITIL and Board members in the vicinity of the Town gazebo. If the Board chooses not to move forward with the Program, UNITIL requested that the Board provide a statement noting such, which UNITIL can provide to Department of Public Utilities. If the Board gives approval, UNITIL can begin counting and marking the trees for either pruning or removal. UNITIL would have to obtain consent from affected homeowners. UNITIL anticipates it would return to the Board towards the end of July with a list of trees that needed to be removed. UNITIL estim ates, per mile, 60 -100 trees would be affected. Some of the Board members requested a consultant be hired at UNITILS’s expense . UNITIL responded they have consultants on staff. Replacement trees, along with planting instructions, are offered in the area s where a large number of trees would be removed. A scenic road public hearing must be held with the Planning Board and Lunenburg Tree Warden before removal of any trees. The Board would like more detail on which trees would be removed. The Board would then decide whether or not to proceed with a hearing for a small section. A possible hearing was discussed for July 22nd. Settlers Solar, 994 Northfield Road, De -Minimus Change- The applicant was represented by Ethan Gyles, NEXAMP . As a result of disc ussions between the Town’s consultant Tom Christopher and an arborist, it has been determined that a portion of the screening, i.e., transplanting young trees, originally approved on the southern side of the project may not have good sur vival rates. An alternative solution is being proposed in NEXAMP letter dated May 31, 2019. The alternative is to , 1) preserve any trees of general size 4” caliper that are within a 20 -30 foot radius of the originally approved design, 2) plant a new tree of general size 4” caliper where existing trees do not exist, and 3) guarantee new and preserved trees for 36 months after the project is operational. P. Bertram made Motion to approve the De -Minimus change for Settler S olar at 994 Northfield Road , G. Bittner Seconded. Discussion: G. Bittner requested P. Bertram amend her Motion to include language on tree spacing, P. Bertram responded there is no language for spacing; it’s based on where the trees need to go. T. Cole questioned if there wa s a way to increase the buffer, and still stay within the approval. He also wanted to ensure that any tree being transplanted from the site be in good condition. E. Gyles noted that the 36 month guarantee previously applied only to nursery stock trees and did not include transplanted trees; the Board disag reed, opining that Condition s #14 and # 15 of the Decision covered all trees. Town Counsel was in agreement with the Board. P. Bertram amended her Motion to approve the De -Minimus change as presented subject to Tom Christopher’s revi ew and approval of tree substitution or replacement with nursery stock, utilizing his discretion, and also requiring a distance of no more than thirty feet between trees , G. Bittner Seconded, Roll Call Vote- R. Lisio, abstained; P. Bertram, aye; G. Bittner, aye; T. Cole, aye; M. Allison, aye. Vote passed 4-0. ARO ESTATES: Town Counsel A. Costa presented a draft Decision to the Board. Opposing counsel was also in receipt of the Decision. The Hearing opened April 29, 2019, was continued to and closed on May 13, 2019 , with deliberations being held this evening. A. Costa covere d Conditions #1 - #28 and modifications were made based on input from the Planning Board. Condition #8 was revised as it pertains to road and utilities acceptance by the Town, a nd if that does not occur, infrastructure responsibility remaining with the Applicant . Changes were made to the construction hours in Condition #11. Condition #27 provides that the buffer for 440 and 442 Howard Street be preserved or created prior to iss uance of any building permit within Aro Estates 2. 10:29 PM- G. Bittner made Motion to extend the Board meeting past 10:30 PM, R. Lisio Seconded, all aye. Condition #24 was modified to provide specificity to construction phasing, capping at 25 the numb er of building permits that could be issued within a 365-day period. P. Bertram made Motion to approve the Decision for Aro Estates as amended this evening, T. Cole Seconded, Roll Call Vote- P. Bertram, aye; T. Cole, aye; M. Alison, aye. Vote passed 3-0. ===PAGE 3=== Minutes 06.10.19, Page 3 BOARD REORANIZATION (cont’d): MRPC Representative- no nomination. MJTC Representative- G. Bittner made Motion for R. Lisio, Seconded by P. Bertram , all aye. Capital Planning Committee Representative- This is a three year term. M. Allison retains the position for his third year. Green Community Task Force Liaison- P. Bertram made Motion for G. Bittner, Seconded by T. Cole, all aye. Stormwater Task Force- G. Bittner made Motion for M. Allison, Seconded by P. Bertram, all aye. Agricultural Commission Liaison- G. Bittner made Motion for M. Allison Seconded by P. Bertram, all aye. Open Space Committee Representative - R. Lisio made Motion for G. Bittner, Seconded by T. Cole. Discussion ensued. P. Bertram expressed her dismay at the possibility of not continuing on the Open Space Committee, and by proxy, the Land Acquisition Committee as the meetings are now are at a cr itical stage. Roll call vote - R. Lisio, aye; G. Bittner, aye; T. Cole, aye; M. Allison, aye. (P. Bertram had departed the Board meeting.) Land Acquisition Committee- G. Bittner by proxy of being nominated to the Open Space Committee. T. Cole made Motion to table remaining agenda items, G. Bittner Seconded, all aye. MINUTES APPROVAL: 04/22/19- 04/22/19, Zoning Articles- 04/22/19, Zoning Article – Non-Medical Marijuana- 04/29/19 04/29/19, Aro Estates, Howard Street- 04/29/19, Citizen Petition Zoning Article- 05/13/19- 05/13/19, Aro Estates, Howard Street- 05/13/19, PS&G, 151-181 Leominster Shirley Road- COMMITTEE REPORTS: Capital Planning Committee- Storm Water Task Force- Agricultural Commission- MJTC- MRPC- Green Community Task Force- Open Space Ad Hoc Committee- Land Acquisition Committee-. DIRECTOR’S ITEMS: Town Meeting, Update- Stone Farm Adult Community, Construction Bond- Economic Development- Earth Removal Permitting- MEETING SCHEDULE: June 24- July 8- July 22- ONGOING ITEMS: Lunenburg Code, Section 250- 4.15., Solar Energy Systems Lunenburg Code, Section 250- 6.1., Off Street Parking & Loading Areas- MGL, Ch. 41, Section 81D, Master Plan- ADJOURNMENT: 10:53 PM Documents used at meeting: ANR Plans-  780 Northfield Road & 411 Chase Road Request for De-Minimus Change, Settlers Solar, 994 Northfield Road  915 Northfield Road Board Decisiion, Aro Estates, Howard Street  68 Elm Street Storm Key Map, UNITIL ======================================================================================== DOCUMENT : 2019-06-24-agenda-4006.txt BOARD : planning-board DATE : 2019-06-24 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2019-06-24-agenda-4006.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_06242019-4006 ======================================================================================== ===PAGE 1=== TOWN OF LUNENBURG Office of the Planning Board Matthew Allison, Chair Tel: (978) 582-4147 ext 5 Tanner Cole, Vice Chair Fax: (978) 582-4353 Gregory Bittner, Clerk 960 Massachusetts Avenue Paula Bertram, Member Lunenburg, MA 01462 Rhonda Lisio, Member Adam R. Burney Land Use Director Marjorie J. Boggio Administrative Assistant NOTICE OF MEETING Monday, June 24, 2019 – 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. CALL TO ORDER 2. PUBLIC COMMENT 3. APPOINTMENT: 493 Massachusetts Avenue- Waiver Request 4. MINUTES APPROVAL: 04.22.19 04.22.19, Zoning Articles 04.22.19, Zoning Article – Non-Medical Marijuana 04.29.19 04.29.19, Aro Estates, Howard Street 04.29.19, Citizen Petition Zoning Article 05.13.19 05.13.19, Aro Estates, Howard Street 05.13.19, PS&G 151-181 Leominster Shirley Road 06.10.19 5. COMMITTEE REPORTS: Capital Planning Committee, Storm Water Task Force, Agricultural Commission, Open Space Ad Hoc Committee, Green Community Task Force, Land Acquisition Committee, MJTC, MRPC 6. MASTER PLAN: Request For Proposal (RFP) 7. DIRECTOR’S ITEMS: Economic Development/Economic Development Committee Earth Removal Open Space Ad Hoc Committee- Vacancies MRPC- Board Representative Town Meeting- Follow-Up Stone Farm Adult Community- Construction Bond 8. NOTICES & COMMUNICATIONS: 9 MEETING SCHEDULE: All Board meetings are held at Town Hall, 6:30 PM, unless otherwise indicated July 8 July 22- UNITIL Public Hearing - TENTATIVE 10. ONGOING ITEMS: Lunenburg Code §250-4.15. – Solar Energy Systems Lunenburg Code §250-6.1. – Off Street Parking and Loading Areas MGL Ch. 41 §81D – Master Plan 11. PUBLIC COMMENT 12. BOARD COMMENT/CONCERNS 13. ADJOURNMENT ======================================================================================== DOCUMENT : 2019-06-24-minutes-4006.txt BOARD : planning-board DATE : 2019-06-24 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2019-06-24-minutes-4006.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_06242019-4006 ======================================================================================== ===PAGE 1=== TOWN OF L UNENBURG Office of the Planning Board Matthew Allison, Chair Tel: (978) 582-4147, ext 5 Tanner Cole, Vice Chair Fax: (978) 582-4353 Gregory Bittner, Clerk 960 Massachusetts Avenue Paula Bertram, Member Lunenburg, MA 01462 Rhonda Lisio, Member Adam R. Burney Land Use Director Marjorie J. Boggio Administrative Assistant Minutes June 24, 2019 Meeting Posted: Yes Place: Town Hall, 17 Main Street, Lunenburg, MA Time: 6:30 PM Present: Matthew Allison, Tanner Cole, Gregory Bittner, Paula Bertram (arrived 6:58 PM), Rhonda Lisio, Adam R. Burney PUBLIC COMMENT: R. Lisio stressed that she supports open communication between Boards/Commissions/Committees. She also felt it was unfortunate that Open Space Committee appoin tments are made without the appointee(s) appearing before the Planning Board. T. Cole voiced his disappointment that due to an oversight, the votes on the marijuana prohibition articles did not take place at May Town Meeting. T he Board worked very hard t o give the citizens the ability to vote on the marijuana prohibition articles. APPOINTMENT: 493 Massachusetts Avenue, Waiver Request - T. Cole recused himself. Presentation by Kim Cole, 563 Massachusetts Avenue. A waiver from site plan approval is being requested for Gatsby Grounds at 493 Massachusetts Avenue. A sign located 20 feet from the edge of the property has been erected; the distance does not comply with the zoning bylaw. The Building Commissioner requested that the sign be relocated further onto the property, but K. Cole stated that ¾ of the front yard is the septic system. The sign bylaw was amended at 2018 Fall Special Town Meeting to allow businesses to place a free standing sign without going through site plan approval as long as it met specific criteria, one of the criterion being that the sign is 25 feet from the front property line and 20 feet from the side property line. R. Lisio made Motion to grant the waiver request for 493 Massachusetts Avenue, G. Bittner Seconded, all aye. MINUTES APPROVAL: G. Bittner made Motion to approve all minutes between 04/22/19 and 06/10/19 , including the Scrivener’s Error in the 4/22/19 minutes, T. Cole Seconded, all aye. 04/22/19- 04/22/19, Zoning Articles- 04/22/19, Zoning Article – Non-Medical Marijuana- 04/29/19 04/29/19, Aro Estates, Howard Street- 04/29/19, Citizen Petition Zoning Article- 05/13/19- 05/13/19, Aro Estates, Howard Street- 05/13/19, PS&G, 151-181 Leominster Shirley Road- 06/10/19- COMMITTEE REPORTS: Capital Planning Committee- no report Storm Water Task Force- Putting out Request for Proposals. Next meeting July 11th. Agricultural Commission- Farmers’ Market scheduled to open June 30th. Twenty-plus vendors are anticipated. ===PAGE 2=== Minutes 06.24.19, Page 2 Open Space Ad Hoc Comm ittee- Meeting July 22 nd to respond to the State’s request for additional information on the Open Space and Recreation Plan (OS&RP). Land Acquisition Committee-. Meetings being held Green Community Task Force- Task Force Chair updated the Board of Selectmen on the streetlight buy-back program. MJTC- no report MRPC- no Board representative MASTER PLAN, Request for Proposal (RFP) - The Capital Plan provides for $50,000 for master planning and the Board has also applied for a grant in the same amount. A. Burney provided Board members with a copy of Massachusetts General Law (M.G.L.) Chapter 41, Section 81D, Master Plan . There was Board discussion on how to move forward with the Master Plan. M. Allison inquired if the Housing Production Plan could be converted into the Housing Element. With the beginning of FY 2020, a consultant can be hired with the $50,000 provided by the Capital Plan. P. Bertram opined that due to the lack of an implementation plan, many of the goals in the 2002 Master Plan have n ot been achieved. She suggested the Board focus on the RFP and that the OS&RP should also be looked at in conjunction with the 2002 Master Plan. She believes it is important for the Board to go back and look at the work that has been done, decide whether it agrees or disagrees with those recommendations in the elements, and then possibly use the funds towards an implementation plan instead of separate elements. The Board was in favor of viewing RFPs from other communities. There will be continued discussion at the Board’s July 22nd meeting. DIRECTOR’S ITEMS: Economic Development/Economic Development Committee - The Board expressed interest in creating a committee consisting of members from various boards/commissions/members -at-large, etc. A. Burney noted that such a committee usually acts as liaison between the local government and business associations. The Board will work on creating a charge for the committee. Discussion will continue at the Board’s August 12th meeting. Earth Removal- no report Open Space Ad Hoc Committee, Vacancies - There is currently one vacancy on the Committee and a possible second one pending finalization, and approval, of the OS&RP by the State. P. Bertram expressed interest in sitting on the Committee and T. Cole noted h e would be willing to serve on the Committee until the vacancy was filled . A. Burney will work on advertising the vacancies with the hope of those vacancies being filled at the Committee’ s July 22nd meeting. MRPC, Board Representative - T. Cole made Moti on to nominate P. Bertram as the Board’s representative, G. Bittner Seconded, all aye. Town Meeting, Follow-Up- All zoning bylaw articles put forth by the Planning Board were certified by the Attorney General. Stone Farm Adult Community, Construction Bon d- Site wo rk remains unfinished by the developer. The homeowners’ association has requested the Planning Board claim the Bond for completion of the outstanding items noted in Graves Engineering, Inc. review letter dated December 20, 2017. A public hearing will have to be held by the Planning Board. MEETING SCHEDULE: July 8- P. Bertram not available. Board will begin discussion of off-street parking, solar systems, and earth removal. July 22- UNITIL public hearing - tentative ONGOING ITEMS: Lunenburg Code, Section 250- 4.15., Solar Energy Systems- Lunenburg Code, Section 250- 6.1., Off Street Parking & Loading Areas- MGL, Ch. 41, Section 81D, Master Plan- ADJOURNMENT: G. Bittner made Motion to adjourn, T. Cole Seconded, all aye. Adjourned 8:44 PM Documents used at meeting: Minutes- 04/22/19 04/22/19, Zoning Articles 04/22/19, Zoning Article – Non-Medical Marijuana 04/29/19 04/29/19, Aro Estates, Howard Street 04/29/19, Citizen Petition, Zoning Article 05/13/19 05/13/19, Aro Estates, Howard Street 05/13/19, PS&G, 151-181 Leominster Shirley Road 06/10/19 Master Plan Economic Development Element MGL Ch 41 Section 81D ======================================================================================== DOCUMENT : 2019-07-08-agenda-4007.txt BOARD : planning-board DATE : 2019-07-08 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2019-07-08-agenda-4007.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_07082019-4007 ======================================================================================== ===PAGE 1=== TOWN OF LUNENBURG Office of the Planning Board Matthew Allison, Chair Tel: (978) 582-4147 ext 5 Tanner Cole, Vice Chair Fax: (978) 582-4353 Gregory Bittner, Clerk 960 Massachusetts Avenue Paula Bertram, Member Lunenburg, MA 01462 Rhonda Lisio, Member Adam R. Burney Land Use Director Marjorie J. Boggio Administrative Assistant NOTICE OF MEETING Monday, July 8, 2019 – 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. CALL TO ORDER 2. PUBLIC COMMENT 3. MINUTES APPROVAL: 06/24/19 4. COMMITTEE REPORTS: Capital Planning Committee, Storm Water Task Force, Agricultural Commission, Open Space Ad Hoc Committee, Land Acquisition Committee, Green Community Task Force, MRPC, MJTC 5. EARTH REMOVAL 6. DIRECTOR’S ITEMS: Open Space Ad Hoc Committee- Vacancy Lunenburg Code §250-6.1. – Off Street Parking and Loading Areas Lunenburg Code §250-4.15. – Solar Energy Systems 7. NOTICES & COMMUNICATIONS: 8 MEETING SCHEDULE: All Board meetings are held at Town Hall, 6:30 PM, unless otherwise indicated July 22 August 12 August 26 9. ONGOING ITEMS: Economic Development/Economic Development Committee Stone Farm Adult Community- Construction Bond Master Plan Request For Proposal (RFP) MGL Ch. 41 §81D – Master Plan 10. PUBLIC COMMENT 11. BOARD COMMENT/CONCERNS 12. ADJOURNMENT ======================================================================================== DOCUMENT : 2019-07-08-minutes-4007.txt BOARD : planning-board DATE : 2019-07-08 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2019-07-08-minutes-4007.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_07082019-4007 ======================================================================================== ===PAGE 1=== TOWN OF L UNENBURG Office of the Planning Board Matthew Allison, Chair Tel: (978) 582-4147, ext 5 Tanner Cole, Vice Chair Fax: (978) 582-4353 Gregory Bittner, Clerk 960 Massachusetts Avenue Paula Bertram, Member Lunenburg, MA 01462 Rhonda Lisio, Member Adam R. Burney Land Use Director Marjorie J. Boggio Administrative Assistant Minutes July 8, 2019 Meeting Posted: Yes Place: Town Hall, 17 Main Street, Lunenburg, MA Time: 6:30 PM Present: Matthew Allison, Tanner Cole, Gregory Bittner, Rhonda Lisio, Adam R. Burney Absent: Paula Bertram PUBLIC COMMENT: At the last Board meeting T. Cole noted that he was willing to serve on the Open Space Committee until someone else stepped up to the vacancy. This evening G. Bittner asked T. Cole if he wanted to join the Committee for full term; T. Cole responded he would be willing to fill the vacancy only if no one else volunteers for the position as the vacancy is for a member-at-large and should be filled by such. A. Burney noted th at the vacancy is being advertised in the Lunenburg Ledger with the hope of making an appointment to that vacancy at the Board’s July 22 nd meeting. MINUTES APPROVAL, 06/24/19: G. Bittner made Motion to approve, R. Lisio Seconded, all aye. COMMITTEE REPORTS: Capital Planning Committee- no meetings currently being held Storm Water Task Force- meeting scheduled for July 18th. Agricultural Commission- Farmers’ Market is underway with almost 20 vendors. Open Space Ad Hoc Committee- next meeting scheduled for July 22nd. Land Acquisition Committee-. Meetings ongoing Green Community Task Force- no report MRPC- no report MJTC- no report EARTH REMOVAL: A draft bylaw was provided to Board members. T he current Earth Removal Bylaw is a general bylaw under the jurisdiction of the Board of Selectmen . The Board of Selectmen feels it should fall under the Planning Board , yet remain a general bylaw. The revised bylaw would cover what activities trigger a permit and also what would be exempt. There is currently no regulation on earth fill; that would also be included in the revised bylaw . Discussion ensued on the proposed bylaw. Board members will provide their input to A. Burney and Draft #1 will be revised. DIRECTOR’S ITEMS: Open Space Ad Hoc Committee, Vacancy: See above “Public Comment”. Lunenburg Code, Section 250 - 6.1., Off Street Parking & Loading Areas - Draft provided to Board members. The grid indicated the Use with the corresponding Required Number of Parking Spaces. Edits will be made per Board input. Lunenburg Code, Section 2 50- 4.15., Solar Energy Systems - Both M. Allison and G. Bittner suggested that one of the items that needed to be address ed was nameplate capacity versus footprint. Board members will review the current Solar Byl aw for discussion purposes/proposed revisions. ===PAGE 2=== Minutes 07.08.19, Page 2 MEETING SCHEDULE: July 22- UNITIL Public Hearing, Earth Removal, and Master Plan. R. Lisio requested the UNITIL Public Hearing be publicized on Town of Lunenburg Facebook page. August 12- Economic Development August 26- ONGOING ITEMS: Economic Development/Economic Development Committee - Discussion to be held on August 12th. Stone Farm Adult Community, Construction Bond- Tentative hearing for August 26th. Master Plan Request for Proposal (RFP)-on hold MGL, Ch. 41, Section 81D, Master Plan- on hold ADJOURNMENT: G. Bittner made Motion to adjourn, R. Lisio Seconded, all aye. Adjourned 8:15 PM Documents used at meeting: Minutes- 06/24/19 DRAFT Rules and Regulations, Earth Removal and Placement of Fill DRAFT Bylaw, Earth Removal and Placement of Fill DRAFT Grid of Parking Space Use ======================================================================================== DOCUMENT : 2019-07-22-agenda-4008.txt BOARD : planning-board DATE : 2019-07-22 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2019-07-22-agenda-4008.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_07222019-4008 ======================================================================================== ===PAGE 1=== TOWN OF LUNENBURG Office of the Planning Board Matthew Allison, Chair Tel: (978) 582-4147 ext 5 Tanner Cole, Vice Chair Fax: (978) 582-4353 Gregory Bittner, Clerk 960 Massachusetts Avenue Paula Bertram, Member Lunenburg, MA 01462 Rhonda Lisio, Member Adam R. Burney Land Use Director Marjorie J. Boggio Administrative Assistant NOTICE OF MEETING Monday, July 22, 2019 – 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. CALL TO ORDER 2. PUBLIC COMMENT 3. APPOINTMENT TO OPEN SPACE AD HOC COMMITTEE 4. EARTH REMOVAL: Continued Discussion of Bylaw & Rules and Regulations 5. MASTER PLAN: Discussion on Updating Plan 6. MASTER PLAN: Request For Proposal (RFP) 7. MINUTES APPROVAL: 07/08/19 8. COMMITTEE REPORTS: Capital Planning Committee, Storm Water Task Force, Agricultural Commission, Open Space Ad Hoc Committee, Land Acquisition Committee, Green Community Task Force, MRPC, MJTC 9. DIRECTOR’S ITEMS: Open Space Ad Hoc Committee- Vacancy Lunenburg Code §250-4.15. – Solar Energy Systems Lunenburg Code §250-6.1. – Off Street Parking and Loading Areas 10. NOTICES & COMMUNICATIONS: 11. MEETING SCHEDULE: All Board meetings are held at Town Hall, 6:30 PM, unless otherwise indicated August 12 – Economic Development Committee UNITIL Public Hearing August 26 12. ONGOING ITEMS: MGL Ch. 41 §81D – Master Plan Lunenburg Code §250-4.15. – Solar Energy Systems Lunenburg Code §250-6.1. – Off Street Parking and Loading Areas 13. PUBLIC COMMENT 14. BOARD COMMENT/CONCERNS 15. ADJOURNMENT ======================================================================================== DOCUMENT : 2019-07-22-agenda-4025.txt BOARD : planning-board DATE : 2019-07-22 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2019-07-22-agenda-4025.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_07222019-4025 ======================================================================================== ===PAGE 1=== TOWN OF LUNENBURG Office of the Planning Board Matthew Allison, Chair Tel: (978) 582-4147, ext 5 Tanner Cole, Vice-Chair Fax: (978) 582-4353 Gregory Bittner, Clk. 960 Massachusetts Avenue Paula Bertram, Mbr. Lunenburg, MA 01462 Rhonda Lisio, Mbr. Adam R. Burney Land Use Director Marjorie J. Boggio Administrative Assistant TOWN OF LUNENBURG PUBLIC HEARING The Lunenburg Planning Board will hold a Public Hearing on July 22, 2019, 6:35 PM, Town H all, 17 Main Street, Lunenburg, MA t o hear and review a request to prune and/or remove trees through the Storm Resiliency Program, along Leominster Road from West Street to Lancaster Avenue, and along Lancaster Avenue from Massachusetts Avenue to Rolling A cres, under M.G.L. Ch. 40, Section 15C, Scenic Road Designations and under M.G.L. Ch. 87, Section 3, Cutting of Public Shade Trees . Owners are the Town of Lunenburg and various private parties. Applicant is Unitil, 357 Electric Avenue, Lunenburg, MA 01462. The Storm Resiliency Program is available for viewing in the Planning Office. ======================================================================================== DOCUMENT : 2019-07-22-minutes-4008.txt BOARD : planning-board DATE : 2019-07-22 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2019-07-22-minutes-4008.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_07222019-4008 ======================================================================================== ===PAGE 1=== TOWN OF L UNENBURG Office of the Planning Board Matthew Allison, Chair Tel: (978) 582-4147, ext 5 Tanner Cole, Vice Chair Fax: (978) 582-4353 Gregory Bittner, Clerk 960 Massachusetts Avenue Paula Bertram, Member Lunenburg, MA 01462 Rhonda Lisio, Member Adam R. Burney Land Use Director Marjorie J. Boggio Administrative Assistant Minutes July 22, 2019 Meeting Posted: Yes Place: Town Hall, 17 Main Street, Lunenburg, MA Time: 6:30 PM Present: Matthew Allison, Tanner Cole, Gregory Bittner (arrived 6:40 PM), Paula Bertram, Rhonda Lisio, Adam R. Burney APPOINTMENT TO OPEN SPACE AD HOC COMMITTEE: One completed Talent Bank Form for the vacancy was received in the office and forwarded to the Open Space Committee for review/vote. The Open Space Committee was also meeting this evening, but did not have a quorum and was unable to take a vote on the vacancy. Discussion tabled awaiting the arrival of G. Bittner. EARTH REMOVAL: Members were in receipt of Draft #1. The Board of S electmen has placed this topic on their August 6 th agenda; the Board discuss ed attending the August 6 th Select Board meeting. P. Bertram had concerns with the impact to existing businesses if earth removal/fill is prohibited on weekends. She would also l ike input from the Board of Health regarding groundwater analysis. M. Allison requested bot h the Bylaw and the Rules and Regulations be reviewed by the Board of Health. R. Lisio felt limiting weekend hours would be appropriate if the operations are takin g place in a residential area. Continued discussion took place and revisions will be made to Draft #1. With the presence of G. Bittner, the Board resumed discussion of the Open Space vacancy. G. Bittner made Motion for P. Bertram to be appointed to the Open Space Committee as an At-Large member, R. Lisio Seconded, all aye. MASTER PLAN: Board members viewed goals of the 2002 Master Plan. A. Burney noted the Visioning Process and Planning Goals from the 2002 Master Plan were based on recommendations fro m the late 1980’s - early 1990’s. He suggested that the Board, instead of implementing those goals, hold a visioning session with focus on implementing what comes out of a new master plan. There was discussion on assimilating the new Open Space and Recr eation Plan into the master plan as Element V, Open Space and Recreation, Natural and Cultural . P. Bertram questioned if the Economic Development Element prepared by MRPC in 2013 should be updated. There was Board discussion on what should be included in the RFP (Request For Proposal) for consultant tasks. T. Cole felt the RFP should not be finalized until the Board knows if it will receive the $50,000 grant. P. Bertram felt that an RFP should be put together with the expectation of having the full $100 ,000, and then have a works hop to review the RFP. A. Burney proposed the formation of a master plan committee, which could then transition into an implementation committee of the master plan. MASTER PLAN, Request for Proposal- See “Master Plan” above MINUTES APPROVAL , 0 7/08/19: G. Bittner made Motion to app rove, T. Cole Seconded, vote passed 4 -0, P. Bertram abstained. ===PAGE 2=== Minutes 07.22.19, Page 2 COMMITTEE REPORTS: Capital Planning Committee- No meetings currently being held. Storm Water Task Force - Consultant interviews were held and the Task Force will make its recommendation to the Town Manager. Agricultural Commission- Due to an electrical fire at Hollis Hills Farm in Fitchburg, the Commission discussed the possibility of fund raising. (Holl is Hills Farm is very active with managing fields in Lunenburg.) The Commission will investigate what is required to hold a cookout during/after the Farmers’ Market on Sundays. Open Space Ad Hoc Committee- Met this evening – no quorum available for voting. Land Acquisition Committee -. Continue to m eet in executive session. Have a signed Purchase & Sales and a grant application has been submitted. M. Allison, as Planning Board Chair, will reach out to the Committee Chair about updating the Planning Board. Green Community Task Force- no report MRPC- no report MJTC- Working on draft transition plan for Lunenburg ADA public rig ht-of-way. MJTC hopes to have a draft plan to Lunenburg by September 30th. DIRECTOR’S ITEMS: Open Space Ad Hoc Committee, Vacancy- see “Appointment to Open Space Ad Hoc Committee” above Lunenburg Code, Section 250- 4.15., Solar Energy Systems- Board members to review existing Bylaw and provide individual input to A. Burney. The Board will discuss the current Bylaw at its August 26th meeting. Lunenburg Code, Section 250- 6.1., Off Street Parking & Loading Areas- on hold MEETING SCHEDULE: August 12- UNITIL Hearing Economic Development Committee Earth Removal Master Plan RFP Master Plan Committee August 26- Stone Farm Hearing Solar Bylaw Discussion ONGOING ITEMS: MGL, Ch. 41, Section 81D, Master Plan Lunenburg Code, Section 250- 4.15., Solar Energy Systems Lunenburg Code, Section 250- 6.1., Off Street Parking & Loading Areas ADJOURNMENT: G. Bittner made Motion to adjourn, T. Cole seconded, all aye. Adjourned 8:25 PM Documents used at meeting: Minutes- 07/08/19 DRAFT Rules and Regulations, Earth Removal and Placement of Fill DRAFT Bylaw, Earth Removal and Placement of Fill Talent Bank Form 2002 Master Plan