# planning-board — 32 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 : 2021-07-26-minutes-4140.txt BOARD : planning-board DATE : 2021-07-26 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2021-07-26-minutes-4140.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_07262021-4140 ======================================================================================== ===PAGE 1=== TOLV]VOFLUNENBURC OfficeofthePlanningBoard TannerCole.ChairTeL:(978)582-4[47.ext5 MatthewAllison.ViceChairFax:(978)582-4353 PaulaBertram,Clerk960MassachusettsAvenue MatthewBretmer,MemberLunenhurg.MA01462 ErikTorgersen.Menther AdamR.Burney LandUseDirector S’larjorieJ.Boggio AdminisiraliveAssistant Minutes PublicHearing 360FlatHillRoad July26,2021 MeetingPosted:Yes Place:TownHall,17MainStreet,Lunenburg.MA Time:6:35p.m. Present:MatthewAllison,MatthewBrenner,ErikTorgersen,AdamR.Burney Absent:TannerCole.PaulaBertram TheHeahngcontinuationwastohearandreviewarequestunderM.G.L.Ch.40,Section15C,ScenicRoadDesignationsand underM.G.L.Ch.87,Section3,CuffingofPublicShadeTreesforthecuttingofapproximatelythree(3)treesandconstructionof four(4)dhvewaysontofive(5)lots,withLots2and3sharingacommondriveat360FlatHillRoad(Map087,Parcel0025), Lunenburg,MA.Owner/applicantwasMatsonHomesIIInc.,129MasonRoad,Newlpswich,NH03071. KenMatson,MatsonHomesIIInc.notedBoardmembersheldasitewalktovewthesiteanddeterminewhattreeswouldneed toberemoved.AstherewereonlythreeBoardmembersinattendance,ViceChairM.lisonsuggestedcontinuingthehearing tothenextBoardmeeting.A.BurneynotedK.Matson’sstormwaterpermithearingwastentativelyscheduledforAugust23rd andsuggestedK.MatsoncouldcontinuetheScenicRoadhearingtothesameeveningifhedesired.K.Matsonneededto provideafinalplanoftreestoberemoved.Therewasalsodiscussiononrelocatingoneofthedhveways. M.BrennermadeMotiontocontinuetheHearingtoAugust23,2021,6:30p.m.,E.TorgersenSeconded,allaye. Hearingrecessed6:40p.m. ===PAGE 2=== TOWNOFLUNENBURG OfficeofthePlanningBoard MultinRuleCertification G.L.c39Section23D 0 I,TannerCole AdoptedTownMeeting December5,2006 herebycertifyunderthepainsandpenaltiesofperjuryasfollows: 1.IamamemberoftheLunenburgPlanningBoard 2.ImissedaPublicHearingsessiononthematterof: 360FlatHillRoad whichwasheldonJuly26,2021 Jv\inutesofthemissedhearing 1/’Audio/videorecordingofthemissedhearing Filedasrecord Date:‘ac2øZ4 _______ By: Position:Nn4&-.n.C1 t&5S-‘ 3.Ihavereviewedalltheevidenceintroducedatthehearing sessioj9issed. Signature Date FormsfMultinRule ===PAGE 3=== TOJVNOFLUJS/EISJBURG OfficeofthePlanningBoard MulLinRuleCertification G.L.c39Section23D AdoptedTownMeeting December5,2006 PaulaBertram herebycertifyunderthepainsandpenaltiesofperjuryasfollows: 1.IamamemberoftheLunenburgPlanningBoard 2.ImissedaPublicHearingsessiononthematterof: 360FIatHiltRoad whichwasheldonJuly26,2021 3.Ihavereviewedalltheevidenceintroducedatthehearing sessionImissed. 7Minutesofthemissedhearing _________Audio/video recordingofthemissedhearing __________ her______________________________________ Signature Dateg-/j/ap FiLedasrecord Date: By:L&xr....j.S1 Position:4”--LtA$E.tatsc_cttl_. Forms!MuiLinRute ======================================================================================== DOCUMENT : 2021-08-03-agenda-4100.txt BOARD : planning-board DATE : 2021-08-03 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2021-08-03-agenda-4100.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_08032021-4100 ======================================================================================== ===PAGE 1=== TOWN OF LUNENBURG Office of the Planning Board Tanner Cole, Chair Tel: (978) 582 -4147 ext 5 Matthew Allison, Vice Chair Fax: (978) 582 -4353 Paula Bertram, Clerk 960 Massachusetts Avenue Matthew Brenner, Member Lunenburg, MA 01462 Erik Torgersen , Member Adam R. Burney Land Use Director Marjorie J. Boggio Administrative Assistant NOTICE OF MEETING TUESDAY, AUGUST 3, 2021 – 7:00 P.M. MS/HS Auditorium, 1079 Massachusetts Avenue, Lunenburg, MA In accordance with the requirements of the Open Meeting Law, please be advised that this meeting is being recorded. AGENDA TOWNWIDE 40B WORKSHOP ======================================================================================== DOCUMENT : 2021-08-09-agenda-4102.txt BOARD : planning-board DATE : 2021-08-09 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2021-08-09-agenda-4102.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_08092021-4102 ======================================================================================== ===PAGE 1=== TOWN OF LUNENBURG Office of the Planning Board Tanner Cole, Chair Tel: (978) 582 -4147 ext 5 Matthew Allison, Vice Chair Fax: (978) 582 -4353 Paula Bertram, Clerk 960 Massachusetts Avenue Matthew Brenner, Member Lunenburg, MA 01462 Erik Torgersen , Member Adam R. Burney Land Use Director Marjorie J. Boggio Administrative Assistant NOTICE OF MEETING MONDAY, AUGUST 9, 2021 – 6:30 P.M. 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 live over the Lunenburg Public Access channel and on FacebookLive on the Public Access Facebook page (https://www.facebook.com/Lunenburg- Public-Access-Cable-157427270975305/) and will be able to be found on the LunenburgAccess YouTube channel within 24 hours after the meeting. The following information is also provided for members of the public that would like to participate in the meeting remotely: To Participate Remotely: From a computer, please use the link below to join the public meeting webinar: https://us02web.zoom.us/j/81331314224 or from a telephone, dial the toll free number (888) 475-4499 and enter Webinar ID: 81331314224 If you have not registered with Zoom you will be asked for your name and an e-mail address. Note: No participant ID is needed, just press # when asked. Telephone users may dial *9 to request to speak after joining the meeting. Computer and app users may use the “raise hand” feature to request to speak. This meeting/hearing will be held in -person at the location provided on this notice. Members of the public are welcome to attend this in -person meeting. Please note that while an option for remote attendance and/or participation is being provided as a courtesy to the p ublic, the meeting/hearing will not be suspended or terminated if technological problems interrupt the virtual broadcast, unless otherwise required by law. Members of the public with particular interest in any specific item on this agenda should make plans for in -person vs. virtual atte ndance accordingly. AGENDA I. CALL TO ORDER II. PUBLIC COMMENT III. PUBLIC HEARINGS: A. 101 Pleasant Street (cont’d from 07.26) B. 711 Massachusetts Avenue (cont’d from 06.28) C. 97 Cross Street, 125 Cross Street, 430 Mulpus Road, & 440 Mulpus Road D. 1263 Reservoir Road & 435 Leominster-Shirley Road (aka 535 Leominster Shirley Road +/-) IV. MINUTES APPROVAL: A. 07/26/2021 B. 07/26/2021, 101 Pleasant Street C. 07/26/2021,360 Flat Hill Road V. COMMITTEE REPORTS: TCP Building Design Committee, Agricultural Commission, Storm Water Task Force, Open Space Ad Hoc Committee, Capital Planning Committee, Economic Development Committee, MRPC, MJTC VI. WORKSHOP: Discussion of Standard Conditions A. Site Plan Approval and Special Permit B. Stormwater Management Permit C. Subdivision VII. DIRECTOR’S ITEMS: Review Board Letter for Pond View Commons, LLC VIII. MEETING SCHEDULE: All Board meetings are held at Town Hall, 6:30 p.m., unless otherwise indicated August 23- Hearing, 360 Flat Hill Road September 13- September 27- IX. ONGOING ITEMS Pond View Commons, LLC X. PUBLIC COMMENT XI. BOARD COMMENT/CONCERNS XII. ADJOURNMENT ======================================================================================== DOCUMENT : 2021-08-09-agenda-4103.txt BOARD : planning-board DATE : 2021-08-09 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2021-08-09-agenda-4103.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_08092021-4103 ======================================================================================== ===PAGE 1=== TOWN OF LUNENBURG Office of the Planning Board Tanner Cole, Chair Tel: (978) 582 -4147 ext 5 Matthew Allison, Vice Chair Fax: (978) 582 -4353 Paula Bertram, Clerk 960 Massachusetts Avenue Matthew Brenner, Member Lunenburg, MA 01462 Erik Torgersen, Member Land Use Director Adam R. Burney Administrative Assistant Marjorie J. Boggio Town of Lunenburg Public Hearing The Lunenburg Planning Board will hold a Public Hearing on August 9, 2021, 6:35 p.m., Town Hall, 17 Main Street, Lunenburg, MA to hear and review appli cations for site plan approval and stormwater management permit under Chapter 250, Section 8.4. and Chapter 204 respectively of the Code of the Town of Lunenburg for construction of a 372,000 square foot warehouse and distribution building off Leominster -Shirley Road at 1263 Reservoir Road (Map 142, Parcel 0006), owner Paul Keating (Heirs) c/o Mary Coburn, et. al., 998 Reservoir Road, Lunenburg, MA 01462, and 435 Leominster-Shirley Road Rear (Map 143, Parcel 0007), owner J&A Realty Trust, Daniel L. McNiff Trustee, 280 Great Road, Shirley MA 01464. Applicant is JMC/TMB Lunenburg, LLC, 100 Grandview Road, Suite 203, Braintree, MA 02184. Materials are available for viewing at the Planning Office, 960 Massachusetts Avenue, Lunenburg, MA. This meeting will be broadcast live through local access cable, on FacebookLive on the Public Acces s Facebook page (https://www.facebook.com/Lunenburg-Public-Access-Cable-157427270975305/) and will be able to be found on the Lunenburg Access YouTube channel within 24 hours after the meeting. To participate remotely: from a computer, please use the link below to join the public meeting webinar: https://us02web.zoom.us/j/81331314224 or from a telephone, dial the toll free number (888) 475-4499 and enter meeting ID: 81331314224 ======================================================================================== DOCUMENT : 2021-08-09-agenda-4117.txt BOARD : planning-board DATE : 2021-08-09 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2021-08-09-agenda-4117.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_08092021-4117 ======================================================================================== ===PAGE 1=== TOWN OF LUNENBURG Office of the Planning Board Tanner Cole, Chair Tel: (978) 582 -4147 ext 5 Matthew Allison, Vice Chair Fax: (978) 582 -4353 Paula Bertram, Clerk 960 Massachusetts Avenue Matthew Brenner, Member Lunenburg, MA 01462 Erik Torgersen, Member Land Use Director Adam R. Burney Administrative Assistant Marjorie J. Boggio Town of Lunenburg Public Hearing The Lunenburg Planning Board will hold a Public Hearing on August 9, 2021, 6:35 p.m., Town Hall, 17 Main Street, Lunenburg, MA to hear and review appli cations for site plan approval and stormwater management permit under Chapter 250, Section 8.4. and Chapter 204 respectively of the Code of the Town of Lunenburg for construction of a 372,000 square foot warehouse and distribution building off Leominster -Shirley Road at 1263 Reservoir Road (Map 142, Parcel 0006), owner Paul Keating (Heirs) c/o Mary Coburn, et. al., 998 Reservoir Road, Lunenburg, MA 01462, and 435 Leominster-Shirley Road Rear (Map 143, Parcel 0007), owner J&A Realty Trust, Daniel L. McNiff Trustee, 280 Great Road, Shirley MA 01464. Applicant is JMC/TBG Lunenburg, LLC, 100 Grandview Road, Suite 203, Braintree, MA 02184. Materials are available for viewing at the Planning Office, 960 Massachusetts Avenue, Lunenburg, MA. This meeting will be broadcast live through local access cable, on FacebookLive on the Public Access Facebook page (https://www.facebook.com/Lunenburg-Public-Access-Cable-157427270975305/) and will be able to be found on the Lunenburg Access YouTube c hannel within 24 hours after the meeting. To participate remotely: from a computer, please use the link below to join the public meeting webinar: https://us02web.zoom.us/j/81331314224 or from a telephone, dial the toll free number (888) 475-4499 and enter meeting ID: 81331314224 ======================================================================================== DOCUMENT : 2021-08-23-agenda-4105.txt BOARD : planning-board DATE : 2021-08-23 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2021-08-23-agenda-4105.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_08232021-4105 ======================================================================================== ===PAGE 1=== nTOWN OF LUNENBURG Office of the Planning Board Tanner Cole, Chair Tel: (978) 582 -4147 ext 5 Matthew Allison, Vice Chair Fax: (978) 582 -4353 Paula Bertram, Clerk 960 Massachusetts Avenue Matthew Brenner, Member Lunenburg, MA 01462 Erik Torgersen , Member Adam R. Burney Land Use Director Marjorie J. Boggio Administrative Assistant NOTICE OF MEETING MONDAY, AUGUST 23, 2021 – 6:30 P.M. 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 live over the Lunenburg Public Access channel and on FacebookLive on the Public Access Facebook page (https://www.facebook.com/Lunenburg- Public-Access-Cable-157427270975305/) and will be able to be found on the LunenburgAccess YouTube channel within 24 hours after the meeting. The following information is also provided for members of the public that would like to participate in the meeting remotely: To Participate Remotely: From a computer, please use the link below to join the public meeting webinar: https://us02web.zoom.us/j/85007540283 or from a telephone, dial the toll free number (888) 475-4499 and enter Webinar ID: 85007540283 If you have not registered with Zoom you will be asked for your name and an e-mail address. Note: No participant ID is needed, just press # when asked. Telephone users may dial *9 to request to speak after joining the meeting. Computer and app users may use the “raise hand” feature to request to speak. This meeting/hearing will be held in -person at the location provided on this notice. Members of the public are welcome to attend this in -person meeting. Please note that while an option for remote attendance and/or participation is being provided as a courtesy to the p ublic, the meeting/hearing will not be suspended or terminated if technological problems interrupt the virtual broadcast, unless otherwise required by law. Members of the public with particular interest in any specific item on this agenda should make plans for in -person vs. virtual atte ndance accordingly. AGENDA I. CALL TO ORDER II. PUBLIC COMMENT III. PUBLIC HEARINGS: A. 101 Pleasant Street (cont’d from 07.26) B. 711 Massachusetts Avenue (cont’d from 06.28) C. 97 Cross Street, 125 Cross Street, 430 Mulpus Road, & 440 Mulpus Road D. 1263 Reservoir Road & 435 Leominster-Shirley Road (aka 535 Leominster Shirley Road +/-) E. 360 Flat Hill Road, Scenic Road (cont’d from 7.12) F. 360 Flat Hill Road, Stormwater Management Permit IV. MINUTES APPROVAL: A. 07/26/2021 B. 07/26/2021, 101 Pleasant Street C. 07/26/2021, 360 Flat Hill Road V. COMMITTEE REPORTS: TCP Building Design Committee, Agricultural Commission, Storm Water Task Force, Open Space Ad Hoc Committee, Capital Planning Committee, Economic Development Committee, MRPC, MJTC VI. WORKSHOP: Discussion of Standard Conditions A. Site Plan Approval and Special Permit B. Stormwater Management Permit C. Subdivision VII. DIRECTOR’S ITEMS: A. Review Board Letter for Pond View Commons, LLC B. Special Town Meeting, November 1, 2021 VIII. MEETING SCHEDULE: All Board meetings are held at Town Hall, 6:30 p.m., unless otherwise indicated September 13 September 27 IX. ONGOING ITEMS: Pond View Commons, LLC X. PUBLIC COMMENT XI. BOARD COMMENT/CONCERNS XII. ADJOURNMENT ======================================================================================== DOCUMENT : 2021-08-23-agenda-4136.txt BOARD : planning-board DATE : 2021-08-23 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2021-08-23-agenda-4136.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_08232021-4136 ======================================================================================== ===PAGE 1=== Planning Board Meeting- 711 Mass. Ave.1. ======================================================================================== DOCUMENT : 2021-08-23-agenda-4137.txt BOARD : planning-board DATE : 2021-08-23 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2021-08-23-agenda-4137.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_08232021-4137 ======================================================================================== ===PAGE 1=== Planning Board Meeting- 435 Leominster-Shirley Road1. ======================================================================================== DOCUMENT : 2021-08-23-agenda-4138.txt BOARD : planning-board DATE : 2021-08-23 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2021-08-23-agenda-4138.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_08232021-4138 ======================================================================================== ===PAGE 1=== Planning Board Meeting- 360 Flat Hill Road1. ======================================================================================== DOCUMENT : 2021-08-23-agenda-4139.txt BOARD : planning-board DATE : 2021-08-23 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2021-08-23-agenda-4139.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_08232021-4139 ======================================================================================== ===PAGE 1=== Planning Board Meeting- 101 Pleasant Street1. ======================================================================================== DOCUMENT : 2021-08-23-agenda-4145.txt BOARD : planning-board DATE : 2021-08-23 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2021-08-23-agenda-4145.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_08232021-4145 ======================================================================================== ===PAGE 1=== Planning Board Meeting- Mulpus Road1. ======================================================================================== DOCUMENT : 2021-08-23-minutes-4105.txt BOARD : planning-board DATE : 2021-08-23 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2021-08-23-minutes-4105.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_08232021-4105 ======================================================================================== ===PAGE 1=== TOWN OF L UNENBURG Office of the Planning Board Tanner Cole, Chair Tel: (978) 582 -4147, ext 5 Matthew Allison, Vice Chair Fax: (978) 582 -4353 Paula Bertram, Clerk 960 Massachusetts Avenue Matthew Brenner, Member Lunenburg, MA 01462 Erik Torgers en, Member Adam R. Burney Land Use Director Marjorie J. Boggio Administrative Assistant Minutes August 23, 2021 Meeting Posted: Yes Place: Town Hall, 17 Main Street, Lunenburg, MA Time: 6:30 p.m. CALL TO ORDER: Present: Tanner Cole, Matthew Allison, Paula Bertram, Matthew Brenner, Adam R. Burney Absent: Erik Torgersen Due to Illness, P. Bertram participate remotely under Section 2.02 Remote Participation (Adopted on 05/22/2013; Amended 8/12/2020). She left the meeting at 9:25 p.m. PUBLIC HEARINGS: 101 Pleasant Street- See separate minutes. 711 Massachusetts Avenue- See separate minutes. 97 Cross Street, 125 Cross Street, 430 Mulpus Road & 440 Mulpus Road - See separate minutes. 1263 Reservoir Road & 435 Leominster-Shirley Road (aka 535 Leominster-Shirley +/-)- See separate minutes. 360 Flat Hill Road, Scenic Road- See separate minutes. 360 Flat Hill Road, Stormwater Management Permit- See separate minutes. MINUTES APPROVAL: M. Allison made Motion to approve all minutes listed below, M. Brenner Seconded, all aye. 07/26/2021 07/26/2021, 101 Pleasant Street 07/26/2021, 360 Flat Hill Road COMMITTEE REPORTS: TCP Building Design Committee- no report Agricultural Commission- no report Storm Water Task Force- no report Open Space Ad Hoc Committee- no report Capital Planning Committee- no report Economic Development Committee- no report MRPC- no report MJTC- no report Below agenda items taken out of order. ===PAGE 2=== Minutes 08.23.2021 Page 2 WORKSHOP: Discussion of Stan dards Conditions - Minor edits would be made to the three documents listed below. Documents would be circulated, posted on the Town’s website, and furnished to local engineers. It was suggested that the Board’s reviewing engineer peruse the documents for any suggestions. M. Allison made Motion to adopt the Standard Conditions for Stormwater, Subdivision, Site Plan Approval and Special Permit, M. Brenner Seconded, all aye. Site Plan Approval and Special Permit Stormwater Management Permit Subdivision DIRECTOR’S ITEMS: Pond View Commons, LLC - Board members reviewed the draft letter. M. Allison made Motion for letter to be finalized for Board Chair signature, M. Brenner Seconded, all aye. Special Town Meeting, November 1 6, 2021- Warrant would close Se ptember 28 th. The Water District had submitted a new Water Aquifer map to A. Burney. MEETING SCHEDULE: Meetings resumed at Town Hall with a hybrid model; both in-person and via Zoom. September 13 September 27 ONGOING ITEMS: Pond View Commons, LLC - The Town Manager would be compiling all the review comments she had received and then furnish those comments to MassHousing. BOARD COMMENT/CONCERNS: After viewing a Select Board appointment with a potential marijuana retailer, T. Cole was left with the understanding that with the Host Agreement, the Select Board would be certifying that the use met zoning. A. Burney responded that the Cannabis Control Commission would ask the Town if the specific location was permitt ed. A Host Agreement would not obligate a community to issue a special permit. M. Allison noted that BrightFarms had withdraw n from its project with the Town. He questioned if the stormwater permit and site plan approval issued by the Board could be applied to another applicant with an identical use. ADJOURNMENT: M. Allison made Motion to adjourn, M. Brenner Seconded, all aye. Meeting adjourned 10:08 p.m. Documents used at meeting: Minutes 07/26/2021 07/26/2021, 101 Pleasant Street 07/26/2021, 360 Flat Hill Road DRAFT Conditions Site Plan Approval and Special Permit Stormwater Management Permit Subdivision Board Comment Letter, Pond View Commons, LLC ======================================================================================== DOCUMENT : 2021-08-23-minutes-4136.txt BOARD : planning-board DATE : 2021-08-23 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2021-08-23-minutes-4136.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_08232021-4136 ======================================================================================== ===PAGE 1=== TOWN OF L UNENBURG Office of the Planning Board Tanner Cole, Chair Tel: (978) 582 -4147, ext 5 Matthew Allison, Vice Chair Fax: (978) 582 -4353 Paula Bertram, Clerk 960 Massachusetts Avenue Matthew Brenner, M ember Lunenburg, MA 01462 Erik Torgers en, Member Adam R. Burney Land Use Director Marjorie J. Boggio Administrative Assistant Minutes Public Hearing 711 Massachusetts Avenue August 23, 2021 Meeting Posted: Yes Place: Town Hall, 17 Main Street, Lunenburg, MA Time: 6:53 p.m. Present: Tanner Cole, Matthew Allison, Paula Bertram, Matthew Brenner, Adam R. Burney Absent: Erik Torgersen Due to Illness, P. Bertram participate remotely under Section 2.02 Remote Participation (Adopted on 05/22/2013 ; Amended 8/12/2020) The Hearing continuation was to hear and review applications for site plan approval and stormwater management permit under Ch. 250, Section 8.4. and Chapter 204 respectively of the Code of the Town of Lunenburg for construction of four 2 -unit townhouse buildings totaling eight (8) units at 711 Massachusetts Avenue Lt 4 (Map 0 59, Parcel 00 30), Lunenburg, MA . Owner/applicant was EF Realty, LLC, 654 Elm Street, Leominster, MA. The owner/applicant was represented by Wesley Flis, Whitm an & Bingham Associates, hereinafter “W&B” and Eric Fowler, EF Realty, LLC. The site plan had been revised to 7/26/2021. The plan addressed the sight line issue and review comments of Jeffrey Walsh, Graves Engineering, Inc., hereinafter “GEI”. GEI rev iew letter dated August 20th confirmed sight line issue had been addressed along with any other outstanding issues. The applicant entered into a Memorandum of Agreement with the property owner at 733 Massachusetts Avenue for a grading easement to allow th e applicant to meet the sight line issue. W&B believed the only remaining issue, per GEI review, was to identi fy existing significant trees per Board Rules and Regulations for Site Plan Approval & Special Permits, Section 4.1 f. 16). As the site was main ly wooded, W&B did not identify trees. A waiver would be requested. P. Bertram noted the DPW Director’s review comments suggesting an alternate location for the 8” sewer be considered to eliminate the need to build a sewer manhole over the existing sewer main. W&B stated his plan was to have a discussion with the DPW Director. T. Cole observed a portion of the grading easement was located within the right-of-way. W&B would have to submit to MA DOT for a curb cut permit. As the project was located in t he Water Supply Protection District, t he building footprints were reduced to keep the amount of disturbance under 30%. P. Bertram noted that the plans stated that prior to construction soil testing would be performed to ensure the groundwater offset was achieved. This would be “conditioned” as part of the Board’s Decision. P. Bertram made Motion to close the hearing for 711 Massachusetts Avenue, M. Allison Seconded, Roll Call Vote - M. Brenner, aye; M. Allison, aye; P. Bertram, aye; T. Cole, aye. Hearing closed 7:10 p.m. Documents used at meeting: GEI Review letter dtd 8/20/2021 Site Plan Revised to 7/26/2021 ======================================================================================== DOCUMENT : 2021-08-23-minutes-4137.txt BOARD : planning-board DATE : 2021-08-23 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2021-08-23-minutes-4137.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_08232021-4137 ======================================================================================== ===PAGE 1=== TOWN OF L UNENBURG Office of the Planning Board Tanner Cole, Chair Tel: (978) 582 -4147, ext 5 Matthew Allison, Vice Chair Fax: (978) 582 -4353 Paula Bertram, Clerk 960 Massachusetts Avenue Matthew Brenner, M ember Lunenburg, MA 01462 Erik Torgers en, Member Adam R. Burney Land Use Director Marjorie J. Boggio Administrative Assistant Minutes Public Hearing 475 Leominster Shirley Road (previously 1263 Reservoir Road & 435 Leominster-Shirley Road) November 15, 2021 Meeting Posted: Yes Place: Town Hall, 17 Main Street, Lunenburg, MA Time: 5:34 p.m. CALL TO ORDER: Present: Tanner Cole, Matthew Allison, Paula Bertram, Adam R. Burney Absent: Matthew Brenner, Erik Torgersen The Hearing continuation was to hear and review applications for site plan approval and stormwater management permit under Ch. 250, Section 8.4. and Chapter 204 respectively of the Code of the Town of Lunenburg for construction of a 372,000 square foot warehouse and distribution building off Leominster -Shirley Road at 1263 Reservoir Road (Map 142, Parcel 0006) , owner Paul Keating (Heirs) c/o Mary Coburn, et. al., 998 Reservoir Road, Lunenburg, MA 01462 and 435 Leominster -Shirley Road (Map 143, Parcel 0007), Lunenburg, MA, owner J&A Realty Trust, Daniel L. McNiff Trustee, 280 Great Road, Shirley MA 01464. Applicant is JMC/TBG Lunenburg, LLC, 100 Grandview Road, Suite 203, Braintree, MA 02184. In attendance , either in -person or via Zoom, were project engineer Bill Hannigan, Han nigan Engineering and representatives from The Brennan Group, Inc., John M. Corcoran & Co., Greenman-Pedersen, Inc., and MDM Transportation Consultants, Inc. Heather Monticup, Greenman-Pedersen, Inc. (hereinafter GPI) brought the Board up to date, noting an October 18, 2021 review letter f rom MDM Transportation Consultants, Inc. As a result of requested clarification or supplemental analysis from MDM, updates were provided by GPI. Based on those updates, a supplemental review letter was provided by MDM. Mitigation commitments from GPI included:  Prior to occupancy, pavement markers at the intersection of Leominster Shirley Road and Fort Pond Road.  Bicycle lanes along the site frontage.  Easement to the Town along a portion of the site frontage.  Prior to occupancy, a n intersection design report and 10% design plan with survey for the intersection of Leominster Shirley Road at Fort Pond Road.  Within three months of occupancy, a traffic monitoring study.  Tree cutting and brush clearing along the south si de of Leominster Shirley Road at Reservoir Road to improve sight lines.  Working with the DPW to clean up existing sign clutter and additional signage along Leominster Shirley Road . ===PAGE 2=== Minutes, 11.15.2021 1263 Reservoir Road & 435 Leominster-Shirley Road Page 2  Left-turn lane for the eastern site driveway to improve traffic flow and mitigate vehicle queuing on Leominster Shirley Road. The Applicant also committed to a post -construction monitoring study to address potential unanticipated traffic impacts. If the facility exceeded 140 peak hour trips (weekend AM or weekday PM) the Applicant could advance the 10% design to a final engineered plan that could provide the basis for mitigation by other future developments in the area, state funding request o r state grant program application. P. Bertram raised concerns that in the event the Town was unable to receive a grant, the cost of improvements would be Lunenburg’s responsibility. GPI responded that the intersection needed improvements whether or not this project went in. A final engineered plan would be their fair -share contribution. A. Burney stated that the complete cost to renovate the intersection, from design to completion, was beyond the commitment of a single development. P. Bertram stressed that if the facility exceeded 140 peak hour trips, it would be worsening the situation; she did not feel the Town should incur any financial burden. T. Cole asserted that the Applicant had done a good job mitigating the impacts of traffic associated with the project. He went on to note current traffic increase due to the growth of industrial projects already located in that vicinity. He did not feel it was this Applicant’s responsibility to mitigate, when a lot of the growth and safety concerns were already ongoing and not relative to this project. Dan Dumais, Senior Project Manager, MDM Transportation, stated that MDM did a sensitivity analysis to come up with a percentage increase of entering volume at the Leominster Shirley Road and Fort Pond Road inter section. Normal warehouse use (e.g. dry goods warehouse) equated to ~70 trips, a 5% increase to the intersection. They also looked at a higher industrial use (e.g. warehouse that facilitated the movement of goods to a final destination) which equated to ~25% increase. As the tenants were unknown, MDM came up with another threshold which would cause a significant change in the number of trips. Normal threshold would be ~10% increase in traffic, which for this project would be only 7 trips. MDM doubled t he trips to 140 which equated to 14 trips. Bill Hannigan, Project Engineer, Hannigan Engineering believed that a lot of the traffic on the road came from Leominster, via Prospect Street (Leominster) to Route 2. The traffic impact was being addressed wi thin the proposed mitigation. If it went above 140 peak hour trips, then some of the design features noted in the mitigation package would be implemented. P. Bertram opined there were too many unknowns as to tenants and cost of traffic improvements. S he wanted the Decision to include a trigger that the cost be revisited if volume reached a 25% increase. T. Cole emphasized the beneficial tax revenue to the Town, which would help pay for the improvements. He reiterated the Applicant’s efforts to mitigate the impact of its project. P. Bertram explained she was in favor of the project, but not knowing the potential cost of traffic impacts, and if the facility exceeded the 140 trips, it would be financially devastating to the Town. She did not belie ve the mitigation package went far enough. She wanted to see an incremental fair share based on impact. A. Burney emphasized that the Board needed to put a finite timeline on the impacts being measured. He proposed that a ny increase up to 446 site trips (as defined by GPI), would abide by current mitigation measures. Anything over that number, within 12 months of occupancy, would trigger additional mitigation. GPI and MDM used the existing information to come up with the current numbers. There would not be a solid answer until vehicles were coming out of the site . At this time, it would not be possible to determine the Applicant’s fair share. A. Burney felt that the building would be at 100% occupancy within 12 months. The Applicant’s proportional share could be tied to the proportional increase in traffic. It was determined that the initial timeline would be at 3 months, then at 100%. ===PAGE 3=== Minutes, 11.15.2021 1263 Reservoir Road & 435 Leominster-Shirley Road Page 3 The last bullet point under Phase II would be edited to read, “The Applicant shall implement additional mitiga tion actions to offset identified project impact on a proportional impact basis as outlined in the 10% design submission. The form of this contribution will be determined between the Planning Board and DPW Director and will be equivalent to the impact of traffic increase at the intersection of Leominster Shirley Road and Fort Pond Road. Over baseline condition is outlined in GPI’s traffic volume and trip generation letter dated July 15, 2021.” Hours of construction would be 7 a.m. to 5 p.m. Monday through Friday, 8 a.m. through 3 p.m. Saturday, No Sundays or holidays. Appendix B would become part of the Conditions in the Decision. P. Bertram made Motion to close the Hearing for 475 Leominster Shirley Road , M. Allison Secon ded, passed unanimously. all aye. Hearing closed 7:13 p.m. Documents used at meeting: Draft Decision ======================================================================================== DOCUMENT : 2021-08-23-minutes-4138.txt BOARD : planning-board DATE : 2021-08-23 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2021-08-23-minutes-4138.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_08232021-4138 ======================================================================================== ===PAGE 1=== TOWN OF L UNENBURG Office of the Planning Board Tanner Cole, Chair Tel: (978) 582 -4147, ext 5 Matthew Allison, Vice Chair Fax: (978) 582 -4353 Paula Bertram, Clerk 960 Massachusetts Avenue Matthew Brenner, M ember Lunenburg, MA 01462 Erik Torgers en, Member Adam R. Burney Land Use Director Marjorie J. Boggio Administrative Assistant Minutes Public Hearing – Stormwater Permit 360 Flat Hill Road August 23, 2021 Meeting Posted: Yes Place: Town Hall, 17 Main Street, Lunenburg, MA Time: 8:52 p.m. CALL TO ORDER: Present: Tanner Cole, Matthew Allison, Paula Bertram, Matthew Brenner, Adam R. Burney Absent: Erik Torgersen Due to Illness, P. Bertram participate remotely under Section 2.02 Remote Pa rticipation (Adopted on 05/22/2013; Amended 8/12/2020) The Hearing was to hear and review a stormwater management permit under Chapter 204, Stormwater and Storm Sewer s, for 360 Flat Hill Road (Map 087, Parcel 0025), Lunenburg, MA. Owner/applicant was Matson Homes II Inc., 129 Mason Road, New Ipswich, NH 03071. The applicant/owner, Ken Matson, represented himself along with Mark Elbag, M.A. Elbag Engineering. This was a filing for eight (8) lots, with two common driveways, all serviced by private we lls and on-site septic. Roof water would go into individual chambers. Driveway water would go into recharge trenches and infiltration. Each lot would also have a ra in garden for overflow . The rain gardens would be placed near each driveway entrance to be highly visible for homeowner maintenance. P. Bertram wanted the stormwater management plan, containing the operation and maintenance plan, referenced on individual deeds. M. Allison noted pre-development runoff was lower than the post-development runoff. M. Elbag responded that the calculations d idn’t account for some of the ponding behind the driveways. Design was very conservative and there would be a reduction in al l storms. A. Burney would confirm with reviewing engineer, Jeffrey Walsh, Graves E ngineering, Inc. Cultec chambers would take all roof water. Stormwater was modeled on the assumption that all driveways would be paved. All driveways had an infiltration swale to capture driveway volume. Glen Logan, 5 Watt Street- Voiced concern that if individual homeowners did not maintain stormwater maintenance, runoff would come down to his property. M. Elbag responded there would be a swale along G. Loga n’s back property line to direct flow away from his property towards the frontage on either Lot 6 or Lot 7. ===PAGE 2=== Minutes, 306 Flat Hill Road 08.23.2021 Page 2 Susan Whalen, Flat Hill Road - Had concerns that the property was previously an apple orchard. Would any possible pesticides be addressed in the stormwater regulations? As of this hearing, soil testing had not been done. P. Bertram would like to see testing done. She would also like to see the phosphorous load of the soil prior to treatment. S. Whalen was also concerned with snow being plowed onto the rain gardens. T. Cole noted the rain garden on Lot 5 appeared to be too close to the stone wall. M. Brenner made Motion to continue the hearing to September 13, 2021, 6:35 p.m., P. Bertram Seconded, Roll Call Vote - M. Brenner, aye; M. Allison, aye; P. Bertram, aye; T. Cole, aye. Vote p assed 4-0. Hearing recessed 9:25 p.m. Documents used at meeting: Stormwater Report revised 8/17/2021 Stormwater Management & Erosion Control Plan dtd 6/1/2021 ======================================================================================== DOCUMENT : 2021-08-23-minutes-4139.txt BOARD : planning-board DATE : 2021-08-23 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2021-08-23-minutes-4139.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_08232021-4139 ======================================================================================== ===PAGE 1=== TOWN OF L UNENBURG Office of the Planning Board Tanner Cole, Chair Tel: (978) 582 -4147, ext 5 Matthew Allison, Vice Chair Fax: (978) 582 -4353 Paula Bertram, Clerk 960 Massachusetts Avenue Matthew Brenner, M ember Lunenburg, MA 01462 Erik Torgers en, Member Adam R. Burney Land Use Director Marjorie J. Boggio Administrative Assistant Minutes Public Hearing 101 Pleasant Street August 23, 2021 Meeting Posted: Yes Place: Town Hall, 17 Main Street, Lunenburg, MA Time: 6:35 p.m. Present: Tanner Cole, Matthew Allison, Paula Bertram, Matthew Brenner, Adam R. Burney Absent: Erik Torgersen Due to Illness, P. Bertram participate d remotely under Section 2.02 Remote Participation (Adopted on 05/22/2013; Amended 8/12/2020) The Hearing continuation was to hear and review an application under Chapter 325 Subdivision Regulations, Article III, Section 325-3.4. Definitive Plan of the Code of the Town of Lunenburg for a six-lot subdivision consisting of six du plex buildings at 101 Pleasant Street (Map 095, Parcel 00 03), Lunenburg, MA . Owner/applicant was MA Pleasant LLC, P O Box 903, Ashburnham, MA. There was no change to the plan. As the retaining wall was within the right -of-way (ROW), Paul Grasewicz, GRAZ Engineering, LLC had submitted a waiver request on the right-of-way width. The request was to reduce the width from 50 feet down to 35. No utilities would be affected. Waiver request letter dated August 5, 2021, stated, “The purpose of the right-of-way (ROW) reduction is to ensure that the proposed retaining walls are owned by (and the responsibility) of the lot owners versus the town… This request is justified as the town has expressed a desire to have the walls outside of the ROW. Granting the wai ver is therefore in the public’s best interest. Furthermore, the sole function of the walls is to reduce the w etlands loss, which is also in the best interest of the public. P. Bertram inquired how the property owners would be made aware of any lot restrictions. A. Burney noted those would be addressed in the condominium documents attached to the individual deeds. Board members were not inclined to grant the waiver request. GRAZ Engineering noted that if the waiver was denied, he would have to move the walls outside the right -of-way which would increase the wetlands loss and double the replication area. He would have to see if a resolution could be met with the Conservation Commission. Andrea Adams- Sympathized with the applicant, but did not feel reducing the right-of-way was an acceptable solution. M. Allison made Motion to not approve right -of-way waiver request, M. Brenner Seconded, Roll Call Vote - M. Allison, aye; M. Brenner, aye; P. Bertram, aye; T. Cole, aye. Vote passed 4-0. The waiver request was denied. ===PAGE 2=== Minutes, 08.23.2021 101 Pleasant Street Page 2 As the only outstanding issue appeared to be the wall, a draft Decision could be prepared prior to the hearing closing for Bo ard review to reduce the time involved. Normally, once a hearin g is closed, a Decision is prepared for Board review at the subsequent meeting, which is then finalized at the following meeting. P. Bertram specified that she wanted the Board’s Decision to reference the book and page of the homeowners’ association document and would want t o see a final plan before voting on the Decision. She was not opposed to signing a Decision on September 13th. The applicant signed a subdivision extension request to September 13, 2021. M. Brenner made Motion to continue the Heari ng to September 13, 2021, 6:30 p.m., M. Allison Seconded, Roll Call Vote- M. Brenner, aye; M. Allison, aye; P. Bertram, aye; T. Cole, aye. Vote passed 4 -0. Hearing recessed 6:53 p.m. Document used at meeting: GRAZ Engineering, LLC, letter dtd August 5, 2021, subject: 101 Pleasant Street Cul-De-Sac Duplex Subdivision Waiver Request ======================================================================================== DOCUMENT : 2021-08-23-minutes-4145.txt BOARD : planning-board DATE : 2021-08-23 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2021-08-23-minutes-4145.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_08232021-4145 ======================================================================================== ===PAGE 1=== TOWN OF L UNENBURG Office of the Planning Board Tanner Cole, Chair Tel: (978) 582 -4147, ext 5 Matthew Allison, Vice Chair Fax: (978) 582 -4353 Paula Bertram, Clerk 960 Massachusetts Avenue Matthew Brenner, M ember Lunenburg, MA 01462 Erik Torgers en, Member Adam R. Burney Land Use Director Marjorie J. Boggio Administrative Assistant Minutes Public Hearing 97 Cross Street, 125 Cross Street, 430 Mulpus Road, and 440 Mulpus Road August 23, 2021 Meeting Posted: Yes Place: Town Hall, 17 Main Street, Lunenburg, MA Time: 7:11 p.m. Present: Tanner Cole, Matthew Allison, Paula Bertram, Matthew Brenner, Adam R. Burney Absent: Erik Torgersen Due to Illness, P. Bertram participate remotely under Section 2 .02 Remote Participation (Adopted on 05/22/2013; Amended 8/12/2020) The Hearing was to hear and review an application for a stormwater management permit under Chapter 204 of the Code of the Town of Lunenburg for 97 Cross Street, 125 Cross Street, 430 Mulp us Road and 440 Mulpus Road. (Map 014, Parcels 0005, 0003, 0002, 0004 respectively), owner/applicant Harbor Classic Homes, LLC, 493 Lancaster Street, Leominster, MA 01453. The owner/applicant Ron Koivu, Harbor Classic Homes made the presentation as his engineer was not available . The plan was in the process of being updated per the August 20, 2021 review letter of Jeffrey Walsh, Graves Engineering, Inc. The Stormwater Management Plan noted numerous maintenance /inspection items. P. Bertram questione d how completion of those items would be monitored by individual homeowners. R. Koivu was unfamiliar with the stormwater permitting process and questioned if that was something that would have to be in the individual deeds. P. Bertram was concerned that homeowners would not understand the stormwater requirements on the lots. M. Allison noted Lots 2 and 4 shared a recharge area and questioned how that would be managed with individual lot owners. He also noted that the driveways would be crushed stone (pervious), which would impact the drainage calculations. That would need to be a “condition” of the Board’s Decision. He also noted there would need to be easements from one lot to another as the infrastructure crossed lot lines. A. Burney suggested the possibility of a “Maintenance (Homeowners) Association” to ensure follow-through on maintenance/inspection items on the lots. T. Cole summarized the issues that needed to be addressed: drainage easement and ongoing maintenance detail ed in the Stormwater Management Plan. T. Cole advised the applicant to see if there was a way to separate the stormwater management for Lots 2 and 4 to make each lot owner individually responsible. The Board noted there were numerous issues that needed to be addressed by the project engineer. M. Allison made Motion to continue the Hearing to September 13, 2021, 6:35 p.m., M. Brenner Seconded, Roll Call Vote - M. Brenner, aye; M. Allison, aye; P. Bertram, aye; T. Cole, aye. Vote passed 4 -0. Hearing recessed 7:42 p.m. Documents used at meeting: Application for Stormwater Permit Stormwater Management Plan dtd June 28, 2021 Proposed Residential Development Site Plan dtd June 28, 2021 ======================================================================================== DOCUMENT : 2021-09-13-agenda-4106.txt BOARD : planning-board DATE : 2021-09-13 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2021-09-13-agenda-4106.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_09132021-4106 ======================================================================================== ===PAGE 1=== TOWN OF LUNENBURG Office of the Planning Board Tanner Cole, Chair Tel: (978) 582 -4147 ext 5 Matthew Allison, Vice Chair Fax: (978) 582 -4353 Paula Bertram, Clerk 960 Massachusetts Avenue Matthew Brenner, Member Lunenburg, MA 01462 Erik Torgersen , Member Adam R. Burney Land Use Director Marjorie J. Boggio Administrative Assistant NOTICE OF MEETING MONDAY, SEPTEMBER 13, 2021 – 6:30 P.M. 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 live over the Lunenburg Public Access channel and on FacebookLive on the Public Access Facebook page (https://www.facebook.com/Lunenburg- Public-Access-Cable-157427270975305/) and will be able to be found on the LunenburgAccess YouTube channel within 24 hours after the meeting. The following information is also provided for members of the public that would like to participate in the meeting remotely: To Participate Remotely: From a computer, please use the link below to join the public meeting webinar: https://us02web.zoom.us/j/83008034052 or from a telephone, dial the toll free number (888) 475-4499 and enter Webinar ID: 83008034052 If you have not registered with Zoom you will be asked for your name and an e-mail address. Note: No participant ID is needed, just press # when asked. Telephone users may dial *9 to request to speak after joining the meeting. Computer and app users may use the “raise hand” feature to request to speak. This meeting/hearing will be held in -person at the location provided on this notice. Members of the public are welcome to attend this in -person meeting. Please note that while an option for remote attendance and/or participation is being provided as a courtesy to the p ublic, the meeting/hearing will not be suspended or terminated if technological problems interrupt the virtual broadcast, unless otherwise required by law. Members of the public with particular interest in any specific item on this agenda should make plans for in -person vs. virtual atte ndance accordingly. AGENDA I. CALL TO ORDER II. PUBLIC COMMENT III. APPOINTMENTS: A. 733 Mass Ave, More than 1 Dwelling on a Lot (§250-3.4) B. 496 Mass Ave, Lunenburg Water District Sign Location IV. PUBLIC HEARINGS: A. 101 Pleasant Street (cont’d from 08.23) B. 97 & 125 Cross Street and 430 &440 Mulpus Road (cont’d from 08.23) C. 1263 Reservoir Road & 435 Leominster-Shirley Road (475 Leominster Shirley Road) 1. ANR Plan 2. Public Hearing (cont’d from 08.23) D. 360 Flat Hill Road, Scenic Road (cont’d from 08.23) E. 360 Flat Hill Road, Stormwater Management Permit (cont’d from 08.23) V. DECISIONS: A. 711 Massachusetts Avenue- Review and Possible Vote to Approve Site Plan Approval and Stormwater Management Permit B. 101 Pleasant Street- Review and Possible Vote to Approve Subdivision VI. MINUTES APPROVAL: A. 08/23/2021 B. 08/23/2021, 101 Pleasant Street C. 08/23/2021, 711 Massachusetts Avenue D. 08/23/2021, 97 & 125 Cross Street and 430 & 440 Mulpus Road E. 08/23/2021, 1263 Reservoir Road & 435 Leominster- Shirley Road F. 08/23/2021, 360 Flat Hill Road, Scenic Road G. 08/23/2021, 360 Flat Hill Road, Stormwater Management Permit VII. COMMITTEE REPORTS: TCP Building Design Committee, Agricultural Commission, Storm Water Task Force, Open Space Ad Hoc Committee, Capital Planning Committee, Economic Development Committee, MRPC, MJTC VIII. DIRECTOR’S ITEMS: A. Special Town Meeting, 11/16/21 B. UMA Flowers, Community Outreach Meeting, Town Hall, 9/28/21, 7 PM C. Master Plan Update ===PAGE 2=== IX. MEETING SCHEDULE: All Board meetings are held at Town Hall, 6:30 p.m., unless otherwise indicated September 27 October 25 X. ONGOING ITEMS: Pond View Commons, LLC XI. PUBLIC COMMENT XII. BOARD COMMENT/CONCERNS XIII. ADJOURNMENT ======================================================================================== DOCUMENT : 2021-09-13-agenda-4158.txt BOARD : planning-board DATE : 2021-09-13 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2021-09-13-agenda-4158.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_09132021-4158 ======================================================================================== ===PAGE 1=== Planning Board Meeting- 1263 Reservoir Road/435 Leominster-Shirley Road1. ======================================================================================== DOCUMENT : 2021-09-13-minutes-4106.txt BOARD : planning-board DATE : 2021-09-13 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2021-09-13-minutes-4106.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_09132021-4106 ======================================================================================== ===PAGE 1=== TOWN OF L UNENBURG Office of the Planning Board Tanner Cole, Chair Tel: (978) 582 -4147, ext 5 Matthew Allison, Vice Chair Fax: (978) 582 -4353 Paula Bertram, Clerk 960 Massachusetts Avenue Matthew Brenner, Member Lunenburg, MA 01462 Erik Torgers en, Member Adam R. Burney Land Use Director Marjorie J. Boggio Administrative Assistant Minutes September 13, 2021 Meeting Posted: Yes Place: Town Hall, 17 Main Street, Lunenburg, MA Time: 6:30 p.m. CALL TO ORDER: Present: Tanner Cole, Matthew Allison, Paula Bertram, Matthew Brenner, Erik Torgersen, Adam R. Burney APPOINTMENTS: 733 Massachusetts Avenue - The project engineer, Alfred Berry, the Project Manager , and the property owner Tuan Dao for 733 Massachusetts Avenue were pre sent. There was one existing home on the site. The proposal was for three additional homes on the site, sharing one driveway. Board members felt the proposal was contrary to the zoning bylaws and was not considered a Common Driveway as defined in the zo ning bylaw. P. Bertram questioned the maintenance of a single drive and sewer line for four homes. T he owner anticipated a condo -type development with an association fee. This would be a single driveway servicing four houses on a single lot. The Project Manager inquired if the Board would be more amenable to a 55 and over development. A. Berry said he didn’t see the difference between this proposal and a condo-type development where the buildings were separated. A. Burney responded that a condominium could be dissolved and divided into four individual lots via the ANR process. The applicant likened his project to the proposed development next door at 711 Massachusetts Avenue , which consisted of four 2 -unit townhouse buildings . A. Burney emphasized that 711 Massachusetts Avenue went through a Zoning Board of Appeals process for the use and then came before the Board for site plan approval and stormwater permitting. The applicant inquired if they should approach the Zoning Board of Appeals and then com e back to the Board. A. Burney noted that the current plan would not be permissible for site plan approval with the Board. Townhouses with a shared wall would be permissible. 496 Massachusetts Avenue- The Water District approached the Board in October 2020 for a De Minimis change to its Decision for the installation of a 24 square foot granite sign near the entrance. As the signage exceeded the allowable size within the Limited Business/Residential District, the Board did not approve the request. Ove r the ensuing months, the applicant had the request reviewed by Counsel. It was determined the Water District was considered a governmental entity and would be allowed a sign up to 24 square feet. The Water District returned to the Board for approval for a De Minimis change for installation of a sign. P. Bertram made Motion to approve a De Minimis change for 496 Massachusetts Avenue Lunenburg Water District to install the requested sign, M. Brenner Seconded, all aye. Vote passed 5-0. PUBLIC HEARINGS: 101 Pleasant Street - Applicant requested continuance to September 27. P. Bertram made Motion to continue the Hearing to September 27, 6:35 p.m., M. Brenner Seconded, all aye. Vote passed 5-0. 97 Cross Street, 125 Cross Street, 430 Mulpus Road & 440 Mu lpus Road- Applicant requested continuance to September 27. P. Bertram made Motion to continue the Hearing to September 27, 6:35 p.m., M. Brenner Seconded, all aye. Vote passed 5-0. ===PAGE 2=== Minutes 09.13.2021 Page 2 1263 Reservoir Road & 435 Leominster-Shirley Road (aka 535 Leominster-Shirley +/-)  ANR Plan- Plan presented by Chris Anderson, Hannigan Engineering. The Plan would separate off approximately 30 acres of land which would be associated with the anticipated project (known as Lunenburg Central). (The address would be changed to 475 Leominster -Shirley Road once the ANR Plan was endorsed.) P. Bertram made Motion to approve the ANR Plan for 1263 Reservoir Road and 435 Leominster -Shirley Road. Motion was not seconded. M. Allison identified the entire frontage as being covered by a utility easement. C. Anderson specified that was for the water line relocation. M. Allison responded the Plan specified utility, pole and power easements. C. Anderson noted there were several utility poles that crossed the front of the property, feeding the Keating plant. W. Hannigan stressed the pole easement was for the existing poles that fed the Keating property. As the project would take the land away from Keating, an easement had to be provided to Keating so it could continue to get power. The water line was anticipated to be relocated toward the front of the property , as shown on the revised site plan . Its final location would be determined during construction. W. Hannigan believed the water line and utility pole s would not be located in the easement shown on the ANR Plan. A. Burney informed the applicant that Section 250- 5.1.B.(4)(b) stated, “Except for public utilities in place at the time of the passage of this provision, no more than 30% of required frontage shall be encumbered by easements, drives, access strips, or ways of any type.” M. Allison noted that if the applicant turned the proposed ten foot right -of-way easement (shown on the site plan) over to the town, there would not be the frontage issue. A. Burney stated that this would be subject to the Building Commissioner’s interpretation. W. Hannigan granted the Board an extension of time for ANR endorsement to September 30, 2021, in order for both he and A. Burney to discuss the interpretation with the Building Commissioner.  Hearing- See separate minutes. 360 Flat Hill Road, Scenic Road - Applicant requested continuance to September 27. M. Allison made Motion to continue the Hearing to September 27, 6:35 p.m., P. Bertram Seconded, all aye. Vote passed 5-0. 360 Flat Hill Road, Stormwater Management Permit - Applicant requested continuance to September 27. M. Allison made Motion to continue the Hearing to September 27, 6:35 p.m., P. Bertram Seconded, all aye. Vote passed 5-0. DECISIONS: 711 Massac husetts Avenue - Minor edits were made to the draft Decision. P. Bertram made Motion to approve the Stormwater Permit and Site Plan Approval, M. Allison Seconded, all aye. Vote passed 4 -0. (E. Torgersen was unable to vote due to absence at two hearing dates.) 101 Pleasant Street- No action taken. Applicant requested continuance to September 27, 2021 (see page 1 above). MINUTES APPROVAL: P. Bertram made Motion to approve all minutes listed below, M. Brenner Seconded, All aye. Vote passed 5-0. 08/23/2021 08/23/2021, 101 Pleasant Street 08/23/2021, 711 Massachusetts Avenue 08/23/2021, 97 & 125 Cross Street and 430 & 440 Mulpus Road 08/23/2021, 1263 Reservoir Road & 435 Leominster-Shirley Road 08/23/2021, 360 Flat Hill Road, Scenic Road 08/23/2021, 360 Flat Hill Road, Stormwater Management Permit ===PAGE 3=== Minutes 09.13.2021 Page 3 COMMITTEE REPORTS: TCP Building Design Committee - The Committee was preparing three articles for fall special town meeting; two for funding and one for a project update. Agricultural Commission- No report. Storm Water Task Force- No report. Open Space Ad Hoc Committee- No report. Capital Planning Committee- Meeting scheduled for September 14. Economic Development Committee- No report. MRPC- A Climate Change Flood Infrastruc ture Report would be forthcoming on MRPC’s website. The conservation land mapping project was on-going. MRPC would be applying for a grant to identify regional key areas for industrial zoning. MJTC- No report. DIRECTOR’S ITEMS: Special Town Meetin g, 11/16/2021 - The Water District has provided A. Burney with a p roposed change to the Watershed Protection District. A. Burney w ould bring a draft article to the Sept ember 27 Board meeting as the warrant would close on September 28. Also, as there were no dimensional requirements in the zoning bylaw for the Limited Business District, that would be added, making it equivalent to Residence A zoning. A public hearing for the articles would be scheduled for October 25. UMA Flowers, Community Outreach Meeting- The meeting would be held September 28, 7:00 p.m., Town Hall. Master Plan Update - No bids were received. The Assistant Town Manager reached out to those that had requested the RFP. The general response was that th e Town did not have enough money t o accomplish what it was requesting. Possible options would be to ask MRPC for a quote to do the work outlined in the RFP , take out one of the requested Elements in the RFP , or go to spring town meeting and request to extend the current capital funding an d also request an increase. A. Burney would reach out to fellow planners for views on a recommended dollar amount to fund the full Master Plan update. The Board discussed whether or not to go the capital planning path again, or put on an individual funding article for spring town meeting. MEETING SCHEDULE: Meetings resumed at Town Hall with a hybrid model; both in-person and via Zoom. September 27 October 25 ONGOING ITEMS: Pond View Commons, LLC - The Town Manager provided the Town’s comment letter to MassHousing. P. Bertram asked if the Board could view a copy of the letter. BOARD COMMENT/CONCERNS: M. Allison would like traffic counts from MRPC for both Leominster-Shirley Road and Howard Street. M. Brenner voiced concern with the requirements pl aced on homeowners as land continues to be developed, e.g. responsibility for maintenance of stormwater basins. He felt the Board needed to look at a different type of residential development in the future, e.g. possibly more dense development next to the road in exchange for leaving the woods alone. ADJOURNMENT: P. Bertram made Motion to adjourn, M. Brenner Seconded, all aye. Vote passed 6-0. Adjourned 9:35 p.m. Documents used at meeting: 733 Massachusetts Avenue, Request for 4 Dwellings on a Lot 496 Massachusetts Avenue, Signage Request ANR Plan, 1263 Reservoir Road & 435 Leominster-Shirley Road Minutes 08/23/2021- 08/23/2021, 101 Pleasant Street- 08/23/2021, 711 Massachusetts Avenue- 08/23/2021, 97 & 125 Cross Street and 430 & 440 Mulpus Road- 08/23/2021, 1263 Reservoir Road & 435 Leominster-Shirley Road- 08/23/2021, 360 Flat Hill Road, Scenic Road- 08/23/2021, 360 Flat Hill Road, Stormwater Management Permit- Decision, 711 Massachusetts Avenue ======================================================================================== DOCUMENT : 2021-09-13-minutes-4158.txt BOARD : planning-board DATE : 2021-09-13 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2021-09-13-minutes-4158.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_09132021-4158 ======================================================================================== ===PAGE 1=== TOWN OF L UNENBURG Office of the Planning Board Tanner Cole, Chair Tel: (978) 582 -4147, ext 5 Matthew Allison, Vice Chair Fax: (978) 582 -4353 Paula Bertram, Clerk 960 Massachusetts Avenue Matthew Brenner, M ember Lunenburg, MA 01462 Erik Torgers en, Member Adam R. Burney Land Use Director Marjorie J. Boggio Administrative Assistant Minutes Public Hearing 1263 Reservoir Road & 435 Leominster-Shirley Road (aka 535 Leominster-Shirley Road +/-) September 13, 2021 Meeting Posted: Yes Place: Town Hall, 17 Main Street, Lunenburg, MA Time: 7:21 p.m. CALL TO ORDER: Present: Tanner Cole, Matthew Allison, Paula Bertram, Matthew Brenner, Erik Torgersen, Adam R. Burney The Hearing continuation was to h ear and review applications for site plan approval and stormwater management permit under Ch. 250, Section 8.4. and Chapter 204 respectively of the Code of the Town of Lunenburg for construction of a 372,000 square foot warehouse and distribution building off Leominster -Shirley Road at 1263 Reservoir Road (Map 142, Parcel 0006) , owner Paul Keating (Heirs) c/o Mary Coburn, et. al., 998 Reservoir Road, Lunenburg, MA 01462 and 435 Leominster -Shirley Road (Map 143, Parcel 0007), Lunenburg, MA, owner J&A Realty Trust, Daniel L. McNiff Trustee, 280 Great Road, Shirley MA 01464. Applicant is JMC/TBG Lunenburg, LLC, 100 Grandview Road, Suite 203, Braintree, MA 02184. In attendance were project engineer s Chris Anderson and Bill Hannigan, Hannigan Engineering ; representatives from The Brennan Group, Inc.; Eric Riese, Greenman-Pedersen, Inc.; and Peter Mahoney, John M. Corcoran & Co. Subsequent to the August 23 rd hearing, the applicant modified the site plan and attended meetings with both the DPW Director Rob Oliva and peer reviewer Jeff Walsh, Graves Engineering, Inc. The site entrance was modified for improved accessibility along with drainage changes to accommodate same. Additional signage was proposed along Leominster -Shirley Road due to concerns raised by both the Planning and Select Boards. The Conservation Commission granted an Order of Conditions for work within the buffer zones. T. Cole suggested the applicant meet with the DPW Director for discussion of the intersection of Reservoir Road and Leominster-Shirley Road. He was of the opinion that if earthwork took place along the side of the road to clear the shoulder and improve sightlines oppos ite the entrance to Reservoir Road, it could possibly negate the costly need to the applicant for repaving, lights, grading, etc. ===PAGE 2=== Minutes, 09.13.2021 1263 Reservoir Road & 435 Leominster-Shirley Road Page 2 Eric Reese, Greenman-Pedersen, Inc., reviewed the signage plan submitted to the Board and summarized the below Traffic Study Table. Peak Hour/Direction Employee Trips Truck Trips Total Trips Weekday Daily: Enter Exit Total 213 213 426 104 104 208 317 317 634 Weekday AM Peak Hour: Enter Exit Total 50 13 63 4 3 7 54 16 70 Weekday PM Peak Hour: Enter Exit Total 13 48 61 6 5 11 19 53 72 The Tr affic Study was based on the Institute for Transportation Engineers Trip Generation Manual based on the building’s square footage. As no users have been identified for the facility, no hours of operation could be defined. W. Hannigan added clarification that the truck driver personnel were included in the employee count. P. Bertram noted abutter concerns with truck noise from the site that compared it to the Keatin g construction vehicles. P. Mahoney noted the beeping from a tractor trailer backin g up would be at a lower decibel than the Keating large construction trucks. There would also be a natural 25 foot high berm at the rear of the site versus the open Keating site. Mary Perkins, 62 Ruth Street - Concerned with the back -up beeping and would like to see a cement noise barrier erected in addition to the 25 foot berm. Laura Boussom, Robbs Hill Road - She could hear the machinery noise and trucks from the Keating site. She had concerns with individuals cutting through Robbs Hill to get to Route 2 if traffic was backed up at Reservoir Road. Steve Bean, 27 Fire Road 15- Reiterated above public concerns with noise and traffic. David Rodgers, 82 Hig hland Street- He noted his support of increasing the tax base in Lunenburg, but was concerned with the lack of specificity as to the hours of operation and number of employees. He asked if this was considered a high-bay distribution warehouse. He mentioned that the property across the road from the proposed project was for sale. He opined that w hat was done with the proposed project could have a significant impact on the property across the road. He also inquired if the applicant planned to retain ownership of the property once developed, or sell. C. Anderson noted the intent was to add a sec ond, 11 foot wide turning lane for entry only into the site. That entrance would be on the east side of the property with the exit on the west side. As there would be a turning lane into the site, there would not be a need for any east -bound traffic to s werve around trucks waiting to enter the site. He reviewed the on -site traffic pattern. Truck bays would be located on the west side of the building. Employee parking would be at the front of the building, along the east side and additional spaces along the north side. A total of 405 spaces would be provided, inclusive of both employees and visitors. The septic system would run along the front of the property. M. Perkins- She felt there would be a negative real estate impact on homes adjacent to the facility. ===PAGE 3=== Minutes, 09.13.2021 1263 Reservoir Road & 435 Leominster-Shirley Road Page 3 M. Brenner stressed that the site had been zoned Office Park/Industrial for a number of years. P. Bertram wanted a more substantial sound barrier with data on the decibel level it could handle. Both M. Allison and P. Bertram felt there were a lo t of unknowns with the project, e.g., the use of the facility , the number of shifts, and hours of operation. T. Cole requested a peer review of the Traffic Study. He re iterated M. Brenner ’s comment that this was industrial land, an approved use under the bylaw, and that the applicant and property owner have the right to develop that use. D. Rodgers- He again asked if this would be a high -bay facility and if the applic ant planned to retain the property once developed. P. Mahoney responded it would be considered a high-bay use. P. Bertram asked if the Board could set the hours of operation under site plan approval and inquired as to a lighting plan. C. Anderson note d the photometric plan was contained within the plan set and sum marized there would be stand -alone lights throughout the parking area, security lighting along the perimeter of the westerly bay area, and wall lighting on the buildin g itself. A. Burney could not find anything in the bylaw that allowed the Board to restrict hours, but felt the Board could “Condition” quiet hours. P. Bertram made Motion to require a peer review of the project’s Traffic Study, M. Brenner Seconded, all aye. P. Bertram made Motion to continue the hearing for 1263 Reservoir Road and 435 Leominster -Shirley Road to September 27, 2021, 6:35 p.m., M. Brenner Seconded, all aye. Hearing recessed 8:32 p.m. Documents used at meeting: Applications for Site Plan Approval and Stormwater Management Permit Site Development Plan revised through August 15, 2021 Proposed Traffic Sign Upgrades dtd 8/31/2021 ======================================================================================== DOCUMENT : 2021-09-27-agenda-4107.txt BOARD : planning-board DATE : 2021-09-27 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2021-09-27-agenda-4107.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_09272021-4107 ======================================================================================== ===PAGE 1=== TOWN OF LUNENBURG Office of the Planning Board Tanner Cole, Chair Tel: (978) 582 -4147 ext 5 Matthew Allison, Vice Chair Fax: (978) 582 -4353 Paula Bertram, Clerk 960 Massachusetts Avenue Matthew Brenner, Member Lunenburg, MA 01462 Erik Torgersen , Member Adam R. Burney Land Use Director Marjorie J. Boggio Administrative Assistant NOTICE OF MEETING MONDAY, SEPTEMBER 27, 2021 – 6:30 P.M. 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 live over the Lunenburg Public Access channel and on FacebookLive on the Public Access Facebook page (https://www.facebook.com/Lunenburg- Public-Access-Cable-157427270975305/) and will be able to be found on the LunenburgAccess YouTube channel within 24 hours after the meeting. The following information is also provided for members of the public that would like to participate in the meeting remotely: To Participate Remotely: From a computer, please use the link below to join the public meeting webinar: https://us02web.zoom.us/j/84345007329 or from a telephone, dial the toll free number (888) 475-4499 and enter Webinar ID: 84345007329 If you have not registered with Zoom you will be asked for your name and an e-mail address. Note: No participant ID is needed, just press # when asked. Telephone users may dial *9 to request to speak after joining the meeting. Computer and app users may use the “raise hand” feature to request to speak. This meeting/hearing will be held in -person at the location provided on this notice. Members of the public are welcome to attend this in -person meeting. Please note that while an option for remote attendance and/or participation is being provided as a courtesy to the p ublic, the meeting/hearing will not be suspended or terminated if technological problems interrupt the virtual broadcast, unless otherwise required by law. Members of the public with particular interest in any specific item on this agenda should make plans for in -person vs. virtual atte ndance accordingly. AGENDA I. CALL TO ORDER II. PUBLIC COMMENT III. PUBLIC HEARINGS: A. 1263 Reservoir Road & 435 Leominster-Shirley Road (475 Leominster Shirley Road) 1. ANR Plan 2. Public Hearing (cont’d from 09.13) B. 360 Flat Hill Road, Scenic Road (cont’d from 08.23) C. 360 Flat Hill Road, Stormwater Management Permit (cont’d from 08.23) D. 97 & 125 Cross Street and 430 &440 Mulpus Road (cont’d from 08.23) E. 101 Pleasant Street (cont’d from 08.23) IV. DECISIONS: 101 Pleasant Street- Review and Possible Vote to Approve Subdivision V. MINUTES APPROVAL: A. 09/13/2021 B. 09/13/2021, 1263 Reservoir Road & 435 Leominster- Shirley Road VI. COMMITTEE REPORTS: TCP Building Design Committee, Agricultural Commission, Storm Water Task Force, Open Space Ad Hoc Committee, Capital Planning Committee, Economic Development Committee, MRPC, MJTC VII. DIRECTOR’S ITEMS: A. Board Warrant Articles/Special Town Meeting, 11/16/21 B. Traffic Counts- Leominster-Shirley Road and Howard Street C. UMA Flowers, Community Outreach Meeting, Town Hall, 9/28/21, 7 PM D. Master Plan Update- Continued Discussion VIII. MEETING SCHEDULE: All Board meetings are held at Town Hall, 6:30 p.m., unless otherwise indicated October 25 IX. ONGOING ITEMS: Pond View Commons, LLC X. PUBLIC COMMENT XI. BOARD COMMENT/CONCERNS XII. ADJOURNMENT ======================================================================================== DOCUMENT : 2021-09-27-agenda-4152.txt BOARD : planning-board DATE : 2021-09-27 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2021-09-27-agenda-4152.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_09272021-4152 ======================================================================================== ===PAGE 1=== Planning Board Meeting- 101 Pleasant Street1. ======================================================================================== DOCUMENT : 2021-09-27-agenda-4156.txt BOARD : planning-board DATE : 2021-09-27 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2021-09-27-agenda-4156.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_09272021-4156 ======================================================================================== ===PAGE 1=== Planning Board Meeting- 360 Flat Hill Road PLBD_MINUTES_360_FLAT_HILL_ROAD_SW_PERMIT_9.27.2021_1.PDF 1. Documents: ======================================================================================== DOCUMENT : 2021-09-27-agenda-4159.txt BOARD : planning-board DATE : 2021-09-27 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2021-09-27-agenda-4159.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_09272021-4159 ======================================================================================== ===PAGE 1=== Planning Board Meeting- 1263 Reservoir Road/435 Leominster-Shirley Road1. ======================================================================================== DOCUMENT : 2021-09-27-minutes-4107.txt BOARD : planning-board DATE : 2021-09-27 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2021-09-27-minutes-4107.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_09272021-4107 ======================================================================================== ===PAGE 1=== TOWN OF L UNENBURG Office of the Planning Board Tanner Cole, Chair Tel: (978) 582 -4147, ext 5 Matthew Allison, Vice Chair Fax: (978) 582 -4353 Paula Bertram, Clerk 960 Massachusetts Avenue Matthew Brenner, Member Lunenburg, MA 01462 Erik Torgers en, Member Adam R. Burney Land Use Director Marjorie J. Boggio Administrative Assistant Minutes September 27, 2021 Meeting Posted: Yes Place: Town Hall, 17 Main Street, Lunenburg, MA Time: 6:30 p.m. Present: Tanner Cole, Matthew Allison, Paula Bertram Absent: Matthew Brenner, Erik Torgersen Due to Geographic Distance, Erik Torgersen participated remotely under Section 2.02 Remote Participation (Adopted on 05/22/2013; Amended 8/12/2020). He departed the meeting at approximately 8:00 p.m. Due to Family Illness, A. Burney participate d remotely under Section 2.02 Remote Participation (Adopted on 05/22/2013; Amended 8/12/2020). PUBLIC HEARINGS: 1263 Reservoir Road & 435 Leominster-Shirley Road (aka 535 Leominster-Shirley +/-)  ANR Plan - Bill Hannigan, Hannigan Engineering noted that at the previous Board meeting, the Board expressed concerns with easements shown on the site plan, but not reflected on the ANR Plan. The question had also been raised regarding the amount of fronta ge that could be obstructed by easements. The ANR Plan was revised with a reduced easement. An ingress and egress for the project would be located on either side of the proposed easement. The Building Commissioner issued a letter stating that “…Upon reviewing the submitted site plan, it is my opinion that there is approximately 155 feet of non -encumbered frontage which is over the required 150 feet of non -encumbered frontage….the frontage would not be an issue and would not prevent the issuance of a Buil ding Permit.” M. Allison made Motion to accept the ANR Plan, P. Bertram Seconded, all aye. Vote passed 4-0.  Hearing- See separate minutes. 360 Flat Hill Road, Scenic Road- See separate minutes. 360 Flat Hill Road, Stormwater Management Permit- See separate minutes. 97 Cross Street, 125 Cross Street, 430 Mulpus Road & 440 Mulpus Road - The applicant had decided to let go of the engineering firm they had been using and retain the services of a different firm. They were requesting leave to withdra w without prejudice to allow a new engineering firm adequate time to review and redesign the project. T. Cole did not see an issue with the hearing being continued for an extended period of time for the new engineering firm. He had concerns with the appl icant trying to circumvent the stormwater management process by breaking up the project/doing one lot at a time. A. Burney had discussion with the applicant’s attorney noting that the hearing could be continued, only requiring re -advertising and re -noticing, but it was the attorney’s perspective it would be in his client’s best interest to withdraw without prejudice. It would be more beneficial to return to the Board with a new application and a single engineering firm. ===PAGE 2=== Minutes 09.27.2021 Page 2 P. Bertram made Motion to accept the withdrawal of 97 Cross Street, 125 Cross Street, 430 Mulpus Road & 440 Mulpus Road without prejudice, M. Allison Seconded, all aye. Vote passed 3-0. 101 Pleasant Street- See separate minutes. DECISIONS: 101 Pleasant Street- Passed over. MINUTES APPROVAL: P. Bertram made Motion to approve minutes listed below, M. Allison Seconded, all aye. 09/13/2021 09/13/2021, 1263 Reservoir Road & 435 Leominster-Shirley Road COMMITTEE REPORTS: TCP Building Design Committee- Finalizing three articles for special town meeting. Agricultural Commission- No report Storm Water Task Force- No report Open Space Ad Hoc Committee- No report Capital Planning Committee- Received status update of items funded for FY 2022 and items requeste d but not funded, which were moved to FY 2023. The Committee was made aware that the Board did not have enough funds available for two Elements of the Master Plan and may be seeking funding from Capital Planning. The Committee had an October deadline for requests. Economic Development Committee- No report MRPC- No report MJTC- No report DIRECTOR’S ITEMS: Board Warrant Articles/Special Town Meeting, 11/16/2021- The Board would be submitting four articles.  Section 3.1. - The Retail Commercial D istrict no longer existed, but was still listed in the bylaw . The Village Center District, which was created six years ago, had not been added to the listing. It would be added.  Section 5.1.- Retail Commercial was still listed and would be removed. Lo t area, shape and frontage were not listed for Limited Business/Residential and would be added.  Section 4.9.- The Water District updated its Watershed Protection Map. The new map date would replace the current listed map date. This would also require updating of the Protective Bylaw Map (aka Zoning Map) to reflect same.  Section 3.2.- This would bring the date of the Zoning Map current to November 16, 2021. P. Bertram made Motion to submit the four warrant articles for inclusion in the warrant for Nove mber 16, 2021, M. Allison Seconded, all aye. Vote passed 3-0. Traffic Counts- Leominster-Shirley Road and Howard Street- MRPC did the following traffic counts in 2019. Road Name Location of Count Fort Pond Road S. of Leominster-Shirley Road Leominster-Shirley Road E. of Fort Pond Road Leominster-Shirley Road W. of Fort Pond Road Leominster Shirley Road At Fort Pond Road Board members would like those counts supplied to the peer traffic review for the 1263 Reservoir Road and 435 Leominster Shirley Road (aka Lunenburg Central) project. A. Burney would contact MRPC regarding possible counts for West Townsend Road at Howard Street, and also Howard Street. UMA Flowers, Community Outreach Meeting- The meeting would be held September 28, 7:00 p.m., Town Hall. ===PAGE 3=== Minutes 09.27.2021 Page 3 Master Plan Update- A. Burney reached out to fellow planners for feedback on the typical cost for updating a full master plan - $135,000 – $200,000. He suggested the Board aim for a total of $150,000 ; it currently ha d ~$40,000 available . The Board would submit both a warrant article for May town meeting and also a capital request, with the hope that one or the other would be approved. P. Bertram made Motion that the Board submits a request for $110,000 for Master Plan update to Capital Planning, M. Allison Seconded, all aye. Vote passed 3-0. MEETING SCHEDULE: Meetings resumed at Town Hall with a hybrid model; both in-person and via Zoom. October 25 ONGOING ITEMS: Pond View Commons, LLC - The packet submitted b y the Town Manager to MassHousing can be viewed on the Town’s website. ADJOURNMENT: P. Bertram made Motion to adjourn, M. Allison Seconded, all aye. Vote passed 3 -0. Adjourned 9:40 p.m. Documents used at meeting: ANR Plan, 1263 Reservoir Road & 435 Leominster-Shirley Road Minutes 09/13/2021- 08/23/2021, 1263 Reservoir Road & 435 Leominster-Shirley Road- Draft Warrant Articles ======================================================================================== DOCUMENT : 2021-09-27-minutes-4152.txt BOARD : planning-board DATE : 2021-09-27 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2021-09-27-minutes-4152.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_09272021-4152 ======================================================================================== ===PAGE 1=== TOWN OF L UNENBURG Office of the Planning Board Tanner Cole, Chair Tel: (978) 582 -4147, ext 5 Matthew Allison, Vice Chair Fax: (978) 582 -4353 Paula Bertram, Clerk 960 Massachusetts Avenue Matthew Brenner, M ember Lunenburg, MA 01462 Erik Torgers en, Member Adam R. Burney Land Use Director Marjorie J. Boggio Administrative Assistant Minutes Public Hearing 101 Pleasant Street September 27, 2021 Meeting Posted: Yes Place: Town Hall, 17 Main Street, Lunenburg, MA Time: 8:28 p.m. CALL TO ORDER: Present: Tanner Cole, Matthew Allison, Paula Bertram Absent: Matthew Brenner, Erik Torgersen Due to Family Illness, A. Burney participated remotely under Section 2.02 Remote Participation (Adopted on 05 /22/2013; Amended 8/12/2020) The Hearing continuation was to hear and review an application under Chapter 325 Subdivision Regulations, Article III, Section 325-3.4. Definitive Plan of the Code of the Town of Lunenburg for a six-lot subdivision consisting of six duplex buildings at 101 Pleasant Street (Map 095, Parcel 00 03), Lunenburg, MA . Owner/applicant was MA Pleasant LLC, P O Box 903, Ashburnham, MA. There was no representation from the applicant and the Planning Office had not received any reques t for an extension of the public hearing. A. Burney would reach out to the applicant for a signed letter of continuance. A. Burney was aware that the applicant had requested some zoning interpretations from the Building Commissioner/Zoning Official. Boa rd members had concerns with the Declaration of Protective Covenants (Homeowners Association Agreement) provided by the applicant’s attorney. If the timeclock runs out, the Board would have to either deny the project or approve with conditions. A. Burney would request revised homeowners’ association documents from the applicant’s attorney and also a signed letter of continuance. P. Bertram made Motion to continue the Hearing for 101 Pleasant Street to October 25, 2021, 6:35 p.m., M. Allison Seconded, all aye. Vote passed 3-0. Hearing recessed 8:38 p.m. ======================================================================================== DOCUMENT : 2021-09-27-minutes-4156.txt BOARD : planning-board DATE : 2021-09-27 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2021-09-27-minutes-4156.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_09272021-4156 ======================================================================================== ===PAGE 1=== TOWN OF L UNENBURG Office of the Planning Board Tanner Cole, Chair Tel: (978) 582 -4147, ext 5 Matthew Allison, Vice Chair Fax: (978) 582 -4353 Paula Bertram, Clerk 960 Massachusetts Avenue Matthew Brenner, M ember Lunenburg, MA 01462 Erik Torgers en, Member Adam R. Burney Land Use Director Marjorie J. Boggio Administrative Assistant Minutes Public Hearing – Scenic Road 360 Flat Hill Road September 27, 2021 Meeting Posted: Yes Place: Town Hall, 17 Main Street, Lunenburg, MA Time: 7:42 p.m. CALL TO ORDER: Present: Tanner Cole, Matthew Allison, Paula Bertram Absent: Matthew Brenner Under Section 2.02 Remote Participation (Adopted on 05/22/2013; Amended 8/12/2020), the following individuals par ticipated remotely: Erik Torgersen, Geographic Distance (departed the meeting approximately 8:00 p.m.) Adam Burney, Family Illness The Hearing continuation was to hear and review a request 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 for the cutting of approximately three (3) trees and construction of four (4) driveways onto five (5) lots, with Lots 2 and 3 sharing a common drive at 360 Flat Hill Road (Map 087, Parcel 00 25), Lunenburg, MA. Owner/applicant was Matson Homes II Inc., 129 Mason Road, New Ipswich, NH 03071. Present were the applicant, Ken Matson, Matson Homes II Inc. and Mark Elbag, M.A. Elbag Engineering. A revised Plan was submitted reconfiguring the driveway for Lot 1 to avoid a significant street tree. Electric service and poles were also added to the Plan. The Plan showed wiring for Lot 1 from Pole 23. K. Matson informed the Board that the Plan would be revised for Pole 24 to service both Lots 1 and 2. If any underground trenching disturbed the wall, the wall would be re paired to retain its character. The only overhead wiring proposed was along the common driveway for Lots 2 and 3, which would then split into underground to service 2 and 3. The Plan would be updated to reflect Pole 24 servicing both Lot 1 and 2. At the Board’s next meeting of October 25, a draft approval would be available for Board review and possible approval of final. P. Bertram made Motion to continue the Hearing to October 25, 2021, 6:35 p.m., M. Allison Second ed, all aye. Vote passed 3-0. Hearing recessed 8:07 p.m. Documents used at meeting: Site Plan Driveway Access on a Scenic Road, dated September 23, 2021 ======================================================================================== DOCUMENT : 2021-09-27-minutes-4159.txt BOARD : planning-board DATE : 2021-09-27 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2021-09-27-minutes-4159.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_09272021-4159 ======================================================================================== ===PAGE 1=== TOWN OF L UNENBURG Office of the Planning Board Tanner Cole, Chair Tel: (978) 582 -4147, ext 5 Matthew Allison, Vice Chair Fax: (978) 582 -4353 Paula Bertram, Clerk 960 Massachusetts Avenue Matthew Brenner, M ember Lunenburg, MA 01462 Erik Torgers en, Member Adam R. Burney Land Use Director Marjorie J. Boggio Administrative Assistant Minutes Public Hearing 1263 Reservoir Road & 435 Leominster-Shirley Road (aka 535 Leominster-Shirley Road +/-) September 27, 2021 Meeting Posted: Yes Place: Town Hall, 17 Main Street, Lunenburg, MA Time: 6:40 p.m. CALL TO ORDER: Present: Tanner Cole, Matthew Allison, Paula Bertram Absent: Matthew Brenner Under Section 2.02 Remote Participation (Adopted on 05/22 /2013; Amended 8/12/2020), the following individuals participated remotely: Erik Torgersen, Geographic Distance Adam Burney, Family Illness The Hearing continuation was to hear and review applications for site plan approval and stormwater management perm it under Ch. 250, Section 8.4. and Chapter 204 respectively of the Code of the Town of Lunenburg for construction of a 372,000 square foot warehouse and distribution building off Leominster -Shirley Road at 1263 Reservoir Road (Map 142, Parcel 0006) , owner Paul Keating (Heirs) c/o Mary Coburn, et. al., 998 Reservoir Road, Lunenburg, MA 01462 and 435 Leominster -Shirley Road (Map 143, Parcel 0007), Lunenburg, MA, owner J&A Realty Trust, Daniel L. McNiff Trustee, 280 Great Road, Shirley MA 01464. Applicant is JMC/TBG Lunenburg, LLC, 100 Grandview Road, Suite 203, Braintree, MA 02184. In attendance w ere project engineer Bill Hannigan, Hannigan Engineering and representatives from The Brennan Group , Inc. and John M. Corcoran & Co. B. Hannigan addressed items in the September 23, 2021 review letter of Jeffrey Walsh, Graves Engineering, Inc. (GEI) . GEI had concern with the sightline looking west out of the site egress. B. Hannigan noted vegetation that obstructed the sightline in the right-of-way would be clea red. GEI also requested the stabilized construction entrance(s) be shown on the site development plans as they exist. B. Hannigan presented sketches showing construction entrance location s on both the east and west sides. A g ravel drive would be placed at the entrance during construction. The crushed stone would go in about 50 feet with the purpose of retaining mud before it got to the street. An agreement had been reached with P.J. Keating Company and the property owners (Keating family) for the cutting of brush and trees to grade 20 feet from the edge of pavement for a distance of ~650 feet across from the entrance to Reservoir Road. ===PAGE 2=== Minutes, 09.27.2021 1263 Reservoir Road & 435 Leominster-Shirley Road Page 2 Michael Laning, Environmental Engi neer, Tech Environmental, Inc. performed a review of the site to determine how to contain the sounds on the site; it would be done through berms and walls twelve (12) feet from grade. He asserted this was an excellent site for the warehouse due to existing topography. There was already an existing berm along the upper northwesterly side of the site, industrial sites located on both sides of the proposed project, and also across the street from the site. Primary areas of concern were to the northeast and northwest of the site. A berm was proposed at the line of construction on the west side of the site closest to Leominster-Shirley Road and also at the north end of the site. A sound deadening wall would be located towards the rear of the east side of the site running along the railway spur. The berms would reflect the sound back onto the site. Collectively, the berms would create a U -shaped barrier reflecting sound back onto the site. The berms would be vegetated, likely with loam, seeded, and a wildfl ower mix. The applicant would supply a sample of the wall composition. Revisions would be made to the site plan based on M. Laning’s recommendations. GEI noted the majority of the review comments had been met. He had concerns with the line of sight l ooking west. Vegetation clearing would need to be performed and maintained so that the sight line was not blocked. He noted hydrology and stormwater management was in place. The Board had requested an outside peer traffic review of the study submitted by Greenman-Pedersen, Inc. (GPI). A. Burney approved direct communication between GPI and the peer reviewer, MDM Transportation Consultants, Inc. to ensure they were in receipt of any required documentation. The tree and brush clearing would commence once the building permit was issued and would be completed prior to occupancy. M. Allison inquired if that could commence immediate, thereby allowing MDM to view the results. B. Hannigan thought that would not be possible due to the financial expenditure by an entity other than the property owner. The applicant was waiting for the peer traffic review and anticipated having a final set of plans for the Board’s October 25 th meeting. P. Bertram made Motion to continue the Hearing to October, 25, 2021, 6:35 p.m., M. Allison Secon ded, all aye. Vote passed-4-0. Hearing recessed 7:40 p.m. Documents used at meeting: Tree Cutting Plan/Sightline Enhancements GEI Review Letter dtd 09.23.2020 ======================================================================================== DOCUMENT : 2021-10-25-agenda-4119.txt BOARD : planning-board DATE : 2021-10-25 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2021-10-25-agenda-4119.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_10252021-4119 ======================================================================================== ===PAGE 1=== TOWN OF LUNENBURG Office of the Planning Board Tanner Cole, Chair Tel: (978) 582 -4147, ext 5 Matthew Allison, Vice-Chair Fax: (978) 582 -4353 Paula Bertram, Clerk 960 Massachusetts Avenue Matthew Brenner, Member Lunenburg, MA 01462 Erik Torgersen, Member 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 October 25 , 2021, 6:35 p.m., Town Hall, 17 Main Street, Lunenburg, MA to make alterations to Code of the Town of Lunenburg, MA, Chapter 250, Zoning, Article IV Use Regulations, Section 250-4.9. Water Supply Protection District, B.(1), by updating the Lunenburg Water District Aquifer Protection Zone map date, Article V, Dimensional Regulations , Section 250-5.1. Lot Area, B., by deleting the Retail Commercial and defining the required lot area, required lot width through building and required lot width and frontage for Limited Business/Residential, Article III, Establishment of Dis tricts, 250-3.1. by replacing G. Retail Commercial District with Village Center District, 250-3.2. Location of Districts by amending the zoning map date to November 16, 2021 , and to amend the current Zoning Map to reflect the change in the Water Supply Protection District. Materials are available for viewing at the Planning Office, 960 Massachusetts Avenue, Lunenburg, MA. This meeting will be broadcast live through local access cable, on FacebookLive on the Public Access Face book page (https://www.facebook.com/Lunenburg-Public-Access-Cable-157427270975305/) and will be able to be found on the Lunenburg Access YouTube channel within 24 hours after the meeting. To participate remotely: from a computer, please use the link below to join the public hearing webinar: https://us02web.zoom.us/j/82275299684 or from a telephone, dial the toll fre e number (888) 475 -4499 and enter meeting ID: 82275299684. ======================================================================================== DOCUMENT : 2021-10-25-agenda-4135.txt BOARD : planning-board DATE : 2021-10-25 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2021-10-25-agenda-4135.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_10252021-4135 ======================================================================================== ===PAGE 1=== Planning Board Meeting1. ======================================================================================== DOCUMENT : 2021-10-25-minutes-4119.txt BOARD : planning-board DATE : 2021-10-25 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2021-10-25-minutes-4119.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_10252021-4119 ======================================================================================== ===PAGE 1=== TOWN OF L UNENBURG Office of the Planning Board Tanner Cole, Chair Tel: (978) 582 -4147, ext 5 Matthew Allison, Vice Chair Fax: (978) 582 -4353 Paula Bertram, Clerk 960 Massachusetts Avenue Matthew Brenner, Member Lunenburg, MA 01462 Erik Torgers en, Member Adam R. Burney Land Use Director Marjorie J. Boggio Administrative Assistant Minutes Public Hearing Special Town Meeting Warrant Articles October 25, 2021 Meeting Posted: Yes Place: Town Hall, 17 Main Street, Lunenburg, MA Time: 7:15 p.m. Present: Tanner Cole, Matthew Allison, Paula Bertram, Erik Torgersen, Adam Burney Absent: Matthew Brenner The hearing was to make alterations to Code of the Town of Lunenburg, MA, Chapter 250, Zoning, Article IV Use Regulations, Section 250-4.9. Water Supply Protection District, B.(1), by updating the Lunenburg Water District Aquifer Protection Zone map date, Article V, Dimensional Regulations, Section 250 -5.1. Lot Area, B., by deleting the Retail Commercial and defining the required lot area, required lot width through building and required lot width and frontage for Limited Business/Residential, Article III, Establishment of Districts, 250-3.1. by replacing G. Retail Commercial District with Village Center District, 250 -3.2. Location of Districts by amending the zoning map date to November 16, 2021, and to amend the current Zoning Map to reflect the change in the Water Supply Protection District. ARTICLE XX. To see if the Town will vote to amend the Code of Lunenburg, Section 2 50-3.1, which is a Section of the Protective Bylaw entitled “Types of Districts,” as depicted below, with additions underlined and deletions stricken-through, or take any other action relative thereto. (Submitted by the Planning Board) § 250-3.1 Types of districts. [Amended 5-7-2016 ATM by Art. 38] The Town of Lunenburg is hereby divided into 15 types of districts designated as: A. Residence A District. B. Residence B District. C. Outlying District. D. Recreation District. E. Commercial District. F. Limited Business/Residential District. G. Retail Commercial District Village Center District. H. Route 2A Overlay District. I. Office Park and Industrial District. ===PAGE 2=== Minutes, 10.25.2021 STM Warrant Articles Page 2 J. Floodplain District. K. Water Supply Protection District. L. Lake Whalom Overlay District. M. Tri-Town Smart Growth District. N. Summer Street Revitalization Overlay District. The above Article removed the Retail Commercial District from the list. The Retail Commercial District has not existed since 2017. The Village Center District, which had been in existence since 2015, was added to the list. ARTICLE XX. To see if the Town will vote to amend the Code of Lunenburg, Section 250 -4.9, which is a Section of the Protective Bylaw e ntitled “Water Supply Protection District,” Subsection B(1) District Delineation as depicted below, with additions underlined and deletions stricken -through, or take any other action relative thereto. (Submitted by the Planning Board) § 250-4.9 Water Supply Protection District. [Amended 5-5-2018 ATM by Art. 32] A. Purpose. The purpose of the Water Supply Protection District is to promote the health, safety and general welfare of the community; to protect, preserve and maintain present and potential sources of water supply and watershed areas for the public health and safety; to protect, preserve and maintain the existing and potential groundwater supply and groundwater recharge areas within the Town for public health and safety; to preserve and protect th e lakes, ponds, streams, brooks, rills, marshes, swamps, bogs and other water bodies and watercourses in Town; to protect the community from the detrimental use and development of land and water within the district; to conserve the natural resources of the Town; to preserve and maintain the groundwater table and water recharge areas within the Town; and to prevent blight and the pollution of the environment. B. District delineation. (1) The boundaries of the Water Supply Protection District shall be as fol lows: Zone I, Zone II, and Zone III for the Town of Lunenburg, approved by the Department of Environmental Protection (DEP) according to Map 1, entitled " Water Protection District, revised October, 2009 LUNENBURG WATER DISTRICT AQUIFER PROTECTION ZONES, dated July 2021." (2) Where the bounds as delineated are in doubt or in dispute, the burden of proof that the use is outside the Water Supply Protection District or does not impact the district shall be upon the owner(s) of the land in question. However, th e Building Commissioner retains its authority to determine final location with regard to said Water Supply Protection District. (3) At the written request of the owner(s) of the property in question, the Town may engage a professional geologist, a certifi ed soil scientist or a registered professional engineer trained in hydrology to determine the location and extent of a protection area on the parcel in question and charge the owner(s) of said parcel for the cost of the investigation. C. Use regulations. (1) The Water Supply Protection District is established as an overlay district to all other districts. Land in the Water Supply Protection District shall be subject to the requirements of this section, as well as to all other requirements of this Zoning By law which apply to the underlying zoning districts. Uses that are not permitted in the underlying district shall not be permitted in the Water Supply Protection Districts. ===PAGE 3=== Minutes, 10.25.2021 STM Warrant Articles Page 3 (2) Uses permissible in the Rest ricted Area Zone I by special permit granted by the Planning Board. Irrespective of the permitted uses in the underlying district, only the following uses are permitted within the Restricted Area Zone I of the Water Supply Protection District, subject to t he granting of a special permit by the Planning Board, provided that all necessary permits, orders or approvals required by local, state or federal law are also obtained, and except as limited by the Conservation Commission and/or Lunenburg Water District as outlined in Guidelines and Policies for Public Water Systems, Department of Environmental Quality Engineering, Division of Water Supply, Revised May 1, 1991, as amended: (a) Conservation of soil, water, plants and wildlife. (b) Outdoor recreation, nature study, boating and fishing. (c) Raised wooden walkways, foot, bicycle and/or horse paths and bridges. (d) Normal operation and maintenance of existing water bodies and dams, splash boards and other water control, supply and conservation devices. (e) Farming, gardening, nursery, conservation, forestry, harvesting and grazing as provided under MGL Chapter 40A, provided that fertilizers, herbicides, pesticides, manure, hazardous materials, liquid petroleum products, and other leachable materials are stor ed within an enclosed structure and used in a manner that will not permit groundwater contamination. (f) Uses accessory and subordinate to the above uses, if permitted in the underlying district and subject to the provision of the underlying district, pro vided that the use does not result in coverage of more than 15% of the lot with impervious surfaces. (3) Uses permissible in Zone II by special permit granted by the Planning Board. Irrespective of the permitted uses in the underlying district, only the f ollowing uses are permitted within Zone II of the Water Supply Protection District, subject to the granting of a special permit by the Planning Board, provided that all necessary permits, orders or approvals required by local, state or federal law are also obtained and except as limited by the Conservation Commission and/or Lunenburg Water District as outlined in Guidelines and Policies for Public Water Systems, Department of Environmental Quality Engineering, Division of Water Supply, Revised May 1, 1991: (a) Conservation of soil, water, plants and wildlife. (b) Outdoor recreation, nature study, boating and fishing. (c) Raised wooden walkway, foot, bicycle and/or horse paths and bridges. (d) Normal operation and maintenance of existing water bodies and d ams, splash boards and other water control, supply and conservation devices. (e) Farming, gardening, nursery, conservation, forestry, harvesting and grazing as provided under MGL Chapter 40A, provided that fertilizers, herbicides, pesticides, manure, haza rdous materials, liquid petroleum products and other leachable materials are stored within an enclosed structure and used in a manner that will not permit groundwater contamination. (f) Uses accessory and subordinate to the above uses, if permitted in the underlying district and subject to the provision of the underlying district, provided that the use does not result in coverage of more than 20% of the lot with impervious surfaces. (g) Detached one -family dwellings, if permitted in the underlying distric t and subject to the provisions of the underlying district, provided that no more than 20% of the required lot area is covered with impervious surfaces. (h) New detached two-family dwellings, if permitted in the underlying district and if located on a lot having an area at least 1 1/2 times that required by § 250-5.1, and provided that no more than 20% of the required lot area is covered with impervious surfaces. (i) Maintenance and repair of an existing structure, provided that there is not an increase i n impervious surfaces. ===PAGE 4=== Minutes, 10.25.2021 STM Warrant Articles Page 4 (j) Public utilities and facilities, provided that no adverse impact on surface water or groundwater will occur. (4) Permitted uses: Zone III. The following uses are permitted with in Zone III of the Water Supply Protection District, provided that all necessary permits, orders or approvals required by local, state or federal law are also obtained and except as limited by the Conservation Commission and/or Lunenburg Water District as outlined in Guidelines and Policies for Public Water Systems, Department of Environmental Quality Engineering, Division of Water Supply, Revised May I, 1991, as amended: (a) Conservation of soil, water, plants and wildlife. (b) Outdoor recreation, nature study, boating and fishing. (c) Raised wooden walkways, foot, bicycle and/or horse paths and bridges. (d) Normal operation and maintenance of existing water bodies and dams, splash boards and other water control, supply and conservation devices. (e) Farming, gardening, nursery, conservation, forestry, harvesting and grazing provided under MGL Chapter 40A, provided that fertilizers, herbicides, pesticides, manure and other leachable materials are stored within an enclosed structure and used in a manner th at will not permit groundwater contamination. (f) Uses accessory and subordinate to the above uses, if permitted in the underlying district and subject to the provisions of the underlying district, provided that the use does not result in coverage of more than 20% of the lot with impervious surfaces. (g) Detached one -family dwellings, if permitted in the underlying district and subject to the provisions of the underlying district. (h) New detached two-family dwellings, if permitted in the underlying district. (i) Maintenance and repair of an existing structure, provided that there is no increase in impervious surfaces. (j) Public utilities and facilities, provided that no adverse impact on surface water or groundwater will occur. (k) The application of pesticides for nondomestic or agricultural uses, provided that all necessary precautions shall be taken to prevent hazardous concentrations of pesticides in the water and on the land within the Water Supply Protection District as a result of such applicat ion. Such precautions include, but are not limited to, erosion control techniques, the control of runoff water or the use of pesticides having low solubility in water, the prevention of volatilization and redeposition of pesticides and the lateral displacement of pesticides. (l) The application of fertilizers for nondomestic or agricultural uses, provided that such application shall be made in such a manner as to minimize adverse impacts on surface water and groundwater due to nutrient transport and deposition and sedimentation. (m) Planned residential development, subject to development plan approval and provided that no more than 15% of the required lot area is covered with impervious surfaces. (n) Those commercial and industrial activities permitted in the underlying district, subject to development plan approval to prevent adverse impact on the environment. (5) Uses prohibited in the Water Supply Protection District: (a) Storage of road salt or deicing chemicals; (b) Chemical and bacteriological laboratories; (c) Industrial uses which discharge process water, including any commercial or service uses discharging wastewater; ===PAGE 5=== Minutes, 10.25.2021 STM Warrant Articles Page 5 (d) Storage of petroleum or other refined petroleum product except within buil dings which will be heated by the petroleum or other refined petroleum product; however, nothing in this section shall prevent the owner of a tank or tanks existing at the time of adoption of this section to replace said tanks, provided there is no increase in capacity; (e) Any other use which involves the manufacture, use, storage, transportation or disposal of toxic or hazardous materials or generates, treats, stores or disposes of hazardous materials as defined in Article II in quantity exceeding 250 total gallons of liquid material(s) or 2,000 total pounds of solid material(s) at any one time. (6) Uses prohibited in Zone I and Zone II. The following uses are prohibited in Zone I and Zone II: (a) Public or private sanitary landfills, including the depos ition of any foreign or nonindigenous material upon the land except for normal and accepted agricultural; (b) Junkyards or recycling facilities; (c) Sewage treatment facilities; (d) Commercial car washes; (e) Dry-cleaning establishments; (f) Metal plating or metal finishing; (g) Use of chemicals for deicing unless deemed necessary for public safety by the Board of Selectmen; (h) The use of septic system cleaners which contain toxic organic chemicals; (i) The rendering impervious of more than 15% of a required lot area; (j) The disposal of liquid or leachable wastes, except subsurface domestic waste disposal systems; (k) Dumping of snow brought in from outside the district; (l) The alteration of any natural site features or topography, including bu t not limited to the cutting or removal of trees or other natural vegetation or the dumping, filling, excavation, grading, transferring or removing of any gravel, sand, loam or other soft material, rock or ledge prior to obtaining all permits and approvals for final development plans required by this bylaw; (m) Any use determined by the Planning Board to be detrimental to the purposes of this section of the bylaw; (n) Mining of land except as incidental to a permitted use, subject to a special permit gran ted by the Board of Selectmen. D. Conditions for use. (1) Each application for a special permit in the Water Supply Protection District shall conform to the Planning Board Rules and Regulations for Site Plan Approval and Special Permits, as amended. In addition to the submission requirements of the Planning Board Rules and Regulations for Site Plan Approval and Special Permits the following items shall also be included: (a) A plot plan showing: [1] Location of wetlands, streams, water bodies and floodplain; [2] Existing drainage patterns, including direction of surface flow and, if required, subsurface flow; [3] Existing soils; [4] Soil boring locations and results; [5] Existing woodlands; [6] Areas having slopes exceeding 15%; [7] Areas to be disturbed by construction; [8] Areas where earth and other material subject to erosion will be temporarily stockpiled; [9] Areas to be used for disposal or storage of construction debris, stones, stumps, etc. if within the district; ===PAGE 6=== Minutes, 10.25.2021 STM Warrant Articles Page 6 [10] Temporary and permanent erosion control measures planned, such as sediment basins, storm waste basins, diversions, rip-rap, stabilization seedings, etc.; [11] Temporary work roads to be used during projects; [12] Locations and size of septic systems; [13] Method to contain spillage in fuel filling areas; (b) A storm drainage plan showing: [1] Locations of drains and culverts and names of streams, rivers, ponds or reservoirs in the Town into which they flow; [2] Discharge peaks and expected velocities at drain or culvert outlets; [3] Conditions above and below outlets and expected flow vehicles; [4] Supporting computation for the above; (c) A grading plan showing existing topography and planned grade along existing and/or proposed street or highway profiles; (d) A siltation and sedimentation control plan, including: [1] Sedimentation and erosion control structures such as diversions, waterways, slope stabilization structures and sediment basins, in sufficient detail to imp lement their installation together with referred standards for soil erosion and sedimentation as appropriate and design calculations as required for each structure; [2] Seeding and/or sodding requirements for all exposed areas, including seedbed preparati on, seed mixtures, lime, fertilizer and mulching requirements with referenced standards; [3] Schedule or sequence of operation with starting dates for clearing and/or grading, timing for storm drain and culvert installations, both temporary and permanent, indicated dates when critical area stabilization, paving, seeding, mulching and/or sodding is to be completed; [4] General notes for sediment control that spell out the procedures for implementing the plan. (e) A complete list of all chemicals, pesticid es, fuels and other potentially toxic or hazardous materials to be used or stored on the premises in quantities greater than those associated with normal household use, accompanied by description of measures proposed to protect such materials from vandalism, corrosion and leakage and to provide for control of spills; (f) A description of potentially toxic or hazardous wastes to be generated, indicating storage and disposal methods; (g) Evidence of approval by the Massachusetts Department of Environmental Quality Engineering (DEQE) of any industrial water treatment or disposal systems; (h) For underground storage of toxic or hazardous materials, evidence of qualified professional supervision of system design, installation and operation; (i) Analysis by a professional engineer in sanitary or civil engineering registered in the Commonwealth of Massachusetts certifying compliance with Subsection E below. (2) The Planning Board shall transmit one copy of the plan to the Board of Health and one copy to the Conservation Commission, one copy to the Fire Department and one copy to the local water purveyor for review and comment. The Board of Health and the Conservation Commission shall submit a written report to the Planning Board within 14 days. (3) Said plan submission shall be submitted to the Planning Board at a regularly scheduled meeting of the Planning Board. ===PAGE 7=== Minutes, 10.25.2021 STM Warrant Articles Page 7 (a) In case of a use not requiring a special permit, the Planning Board, within 45 days of the rece ipt thereof, shall submit a report to the Building Commissioner. Said report shall summarize the Board's findings with regard to the compliance of the plan with the provisions of the Zoning Bylaw and any recommendations of the Board to ensure that: [1] The proposed use shall comply in all respects with the provisions of the underlying district and will promote the purposes of the Water Supply Protection District; and [2] The proposed use is appropriate to the natural topography, soils and other characteris tics of the site to be developed; and [3] The proposed use will not, during construction or thereafter, have an adverse environmental impact on the aquifer or recharge area; and [4] The proposed use will not result in the deterioration of existing ground water or surface water quality, whether or not such water meets established state or federal standards; and [5] The proposed use complies with the provisions of § 250-8.3C(2). (b) The Board may specify such additional requirements and conditions it finds necessary to protect the health, safety and welfare of the public and the occupants of the proposed use. (c) The Building Commissioner shall not issue a permit until the report of the Planning Board, or more than 45 days shall have elapsed from the time of submittal to the Planning Board without receipt of such report, has been submitted to the Building Commissioner. E. Limitations upon uses. In addition to the limitations set forth in Article V of this bylaw, all uses within the Water Supply Protection District, except for single -family dwelling lots on plans not requiring Planning Board approval, shall be subject to the following limitations: (1) Safeguards. Provision shall be made to protect against toxic or hazardous materials discharged or lost throu gh corrosion, accidental damage, spillage or vandalism through such measures as provision for spill control in the vicinity of chemical or fuel delivery points, secure storage areas for toxic or hazardous materials and indoor storage provisions for corrosi ve or dissolvable materials. (2) Location. Where the premises are partially outside of the Water Supply Protection District, such potential pollution sources as on -site waste disposal systems shall, to the degree feasible, be located outside the district. (3) Disposal. For any toxic or hazardous waste to be produced in quantities greater than those associated with normal household use, the applicant must demonstrate the availability and feasibility of disposal methods which are in conformance with Chapter 21C of the Massachusetts General Laws and all other applicable laws and regulations. (4) Drainage. All runoff from impervious surfaces shall be recharged on the site, diverted towards areas covered with vegetation for surface infiltration to the extent p ossible. Dry wells shall be used only where other methods are infeasible and shall be preceded by oil, grease and sediment traps to facilitate removal of contamination. (5) Monitor test wells. Where fertilizers, pesticides, herbicides or other potential c ontaminants are to be applied, utilized or stored and in the opinion of the Planning Board are a matter of concern, a groundwater monitoring program shall be established before the special permit is granted. Such a program shall adequately monitor the qual ity of the groundwater leaving the site through the use of monitor wells and/or appropriate groundwater sample analyses. (6) Natural vegetation. No more than 30% of existing natural vegetation on any lot may be disturbed in an underlying residential distr ict, nor more than 50% of existing natural vegetation on any lot may be disturbed in an underlying nonresidential district. ===PAGE 8=== Minutes, 10.25.2021 STM Warrant Articles Page 8 (7) Technical reference. The technical reference to be used to prepare and review plans is "Guidelines for Soil and Water Conservation in Urbanizing Areas of Massachusetts," 1977, U.S.D.A. Soil Conservation Service, Amherst, Massachusetts. Specific guidelines to use include, but are not limited to: (a) Limit grading to only those areas actively undergoing current construction; (b) The smallest practical area of land should be exposed at one time during development; (c) Limit the length of time graded areas are exposed; (d) Provide temporary or permanent stabilization of disturbed are as at the earliest opportunity. Limit exposure to less than 60 days; (e) Retain and protect as much of the natural vegetation as possible; (f) Permanent improvements such as streets, utilities, storm sewer, vegetated waterways and other features of the d evelopment should be scheduled for installation to the greatest extent possible before removing the vegetative cover from an area scheduled for building construction; (g) Protect all fill slopes and cut slopes exceeding five feet in height from storm run -off through the use of diversion berms, drop chutes or other acceptable means; (h) Rough-graded rights-of-way awaiting installation of utilities and/or pavement should be protected by the installation of interceptor berms across the right-of-way so as to reduce the length of slope between berms to not more than 250 feet; (i) On sites where the above procedures are impractical or not acceptable, where the topography permits, install sediment basins, desilting basins or silt traps to remove sediment from ru noff waters. (8) Non-point source pesticide contamination. All pesticide use in Zone II shall comply with the provisions 333 CMR 12.00. The above Article took the map of 2009 and replaced it with the current map of July 2021. The July 2021 map was creat ed by the Water District with input from DEP. This affected the District boundary in the vicinity of Kilburn Street and Lancaster Avenue. ARTICLE XX. To see if the Town will vote to amend the Code of Lunenburg, Section 250 -3.2, which is a Section of the Protective Bylaw entitled “Location of Districts,” as depicted below, with additions underlined and deletions stricken-through, or take any other action relative thereto. (Submitted by the Planning Board) § 250-3.2 Location of districts. Said distric ts, except Floodplain Districts, Water Supply Protection Districts, the Route 2A Overlay District, Whalom Overlay District, and Tri -Town Smart Growth District, hereinbefore referred to are located and bounded as shown on a map entitled "Revised Protective Bylaw Map of the Town of Lunenburg, Massachusetts," dated May 3, 2008 November 16, 2021 , signed by the Planning Board and filed with the Town Clerk, which map, together with all explanatory matter thereon, shall be deemed to accompany and be a part of this bylaw. The Floodplain District location is described in § 250-4.8B, Water Supply Protection District is described in § 250-4.9B, Route 2A Overlay District is described in § 250-4.10, Lake Whalom Overlay District is described in § 250-4.12B, Tri-Town Smart Growth District is described in § 250-4.13, and Summer Street Revitalization Overlay District is described in § 250-4.14B. The above Article removed the May 3, 2008 Zoning Map as the official Zoning Map and replaced it with an official Zoning Map dated November 16, 2021. The new Zoning Map would include the revised Water Supply Protection District. ===PAGE 9=== Minutes, 10.25.2021 STM Warrant Articles Page 9 ARTICLE XX. To see if the Town will vote to amend the Code of Lunenburg, Section 250 -5.1, which is a Section of the Protective Bylaw entitled “Lot Area,” Subsection B as depicted below, with additions underlined and deletions stricken-through, or take any other action relative thereto. (Submitted by the Planning Board) § 250-5.1 Lot area. Purpose. The purpo se of § 250-5.1. is to define all dimensional regulations related to allowable lot area, width, frontage, including dimensional regulations for all districts, and to clarify the regulations for dwellings per lot, lot size exceptions and reduction of occupied lots. A. Wetlands or land under water. In all districts, no more than 10% of the required lot area, as defined in this Article V, shall consist of wetlands or land under water. B. Lot area, width, shape and frontage. Except as provided in Subsections C, D and § 250-5.5, no building, except a detached building of accessory use, shall be constructed on a lot having less area than the "Required Lot Area" or having less width than the "Required Lot Width Through Building," specified in the following table for the district in which said lot is located: District Required Lot Area (square feet) Required Lot Width Through Building (feet) Required Lot Width and Frontage (feet) Residence A 40,000 175 100 Residence B 80,000 175 100 Outlying 80,000 175 100 Dimensional requirements with sewer Retail Commercial Limited Business/Residential 40,000 100 100 Commercial 40,000 150 100 Office Park and Industrial 60,000 200 150 (1) An area of access is the portion of the lot between the accepted or approved T own way and the point where the required lot width through the principal building is reached. (2) Lot shape. Unless approved in connection with a subdivision plan under MGL c. 41, or with a development plan review under this bylaw, lots shall maintain, be yond the principal building, a lot width as defined in Subsection B of the definition of "lot" in § 250-2.1, and measured from side lot line to side lot line to be a minimum of 50% of the required lot width as defined in this Subsection B above. Any lot ar ea width less than the minimum described above shall not be calculated in the required area dimension or used for any other purpose. (3) Frontage can be reduced by 50% when it provides the only access to one dwelling unit on a lot which is equal to at least twice the minimum lot area requirement, provided that: (a) Not more than two lots with such reduced frontage can be placed side by side. (b) There shall be at least two lots with the otherwise required 100% frontage adjacent to any two 50% frontages. (c) Each 50% frontage lot must be the access to its own lot. (d) No more than 30% of the required lot frontage can be encumbered by easement or used for a common driveway. (e) Entrances and/or driveways to lots in all districts must be made from an accep ted or approved Town way. (4) The frontage of a lot must be available for access. ===PAGE 10=== Minutes, 10.25.2021 STM Warrant Articles Page 10 (a) The Planning Board shall determine that the frontage is adequate and available for safe vehicular access in accordance with its Rules and Regulations Governing the Subdivision of Land and/or when the Building Commissioner requests a determination. (b) Except for public utilities in place at the time of the passage of this provision, no more than 30% of required frontage shall be encumbered by easements, drives, access strips, or ways of any type. (5) In case of a farm exempted from the provisions of the zoning by statute, the minimum lot area, width and frontage requirements shall be in addition to the five acres as requ ired under MGL c. 40A, § 3 and MGL c. 61A. C. Recreation District. In a Recreation District, except for municipal recreation uses, the following minimum areas and frontages are required: (1) The minimum frontage for all uses shall be 200 feet. (2) For a golf course, the minimum lot area shall be at least 120 acres. (3) For all other uses, the minimum lot area shall be at least two acres of lot area plus sufficient area for the proposed use as determined by the standards contained in Time -Saver Standards for Site Planning, Joseph DeChiara and Lee E. Koppleman, McGraw Hill, New York City, 1984, pages 424 and 425. D. Retail Commercial, Commercial and Office Park and Industrial Districts. (1) In a Retail Commercial or Commercial District, no building shall b e constructed as a dwelling or so used on a lot having less area or width than the amount required for the construction of a dwelling in an abutting Residence A, Residence B or Outlying District or where more than one such district abuts, in the particular district having the greatest length of common boundary with the Retail Commercial or Commercial District in question. (2) In an Office Park and Industrial District, the following minimum areas and frontage are required: (a) For office and industrial park s, at least five acres of lot area and 150 feet of frontage and 200 feet required lot width through building. (b) For all other uses, at least 1.2 acres plus the minimum land area required for on -site sewage disposal. E. One dwelling per lot. In all dist ricts, not more than one building on each lot shall be constructed as a dwelling or so used except as provided in Section 3.4. F. Reduction of occupied lots. No lot on which a building is located in any district shall be reduced or changed in size or shape so that the building or lot fails to comply with lot area, width, setback or yard provisions of this bylaw, or, if such building or lot already fails to comply with said provisions, such reduction or change would bring about a greater degree of noncompli ance with said provisions. This prohibition shall not apply, however, when a portion of a lot is taken or conveyed for a public purpose. In the above Article, as the Retail Commercial District no longer existed, it was deleted from the lot area, width, sh ape and frontage portion of 250-5.1. Limited Business/Residential was added along with a required lot area of 40,000 sq. ft., required lot width of 100 feet, and required lot width and frontage of 100 feet through the building. P. Bertram made Motion to close the public hearing for warrant articles, M. Allison Seconded, vote passed 4 -0. Hearing closed 7:31 p.m. Documents used at meeting: DRAFT Planning Board Warrant Articles