# planning-board — 12 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 : 2024-07-08-minutes-6640.txt BOARD : planning-board DATE : 2024-07-08 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2024-07-08-minutes-6640.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_07082024-6640 ======================================================================================== ===PAGE 1=== TOWN OF LUNENBURG Office of the Planning Board Matthew Brenner, Chair Matthew Allison, Vice Chair Amanda Reid, Clerk Timothy Willsmer, Member Glenn McLeod, Member Minutes Monday, July 8th, 2024 Tel: (978) 582-4146, ext. 5 Fax: (978) 582-4353 960 Massachusetts Avenue Lunenburg, MA 01462 Richard Harris – Interim Land Use Director Logan O’Connell – Administrative Assistant Meeting Posted: Yes Address: Town Hall, 17 Main Street, Lunenburg, MA Date: 6:00 P.M. Present: Matthew Allison, Matthew Brenner, Glenn McLeod, Amanda Reid, Timothy Willsmer Absent: None CALL TO ORDER: M. Brenner called the meeting to order, and briefly outlined the Agenda for the public. PUBLIC COMMENT: None at this time. APPOINTMENTS: Montachusett Regional Planning Commission – MBTA Zoning Karen Chapman of the MRPC presented about the requirements of the MBTA Communities Act and potential models for compliance available to Lunenburg. She began by introducing some of Massachusetts’ relevant problems with housing:  Continually growing prices for rent and homeownership  A shortage of rental housing  A lack of zoning for multi-family housing. She reviewed the background of the law, which requires that: 1. Zoning bylaw provides for at least 1 district of reasonable size in which multi-family housing is permitted as of right. a. This district can be an area that is already developed b. Although multi-family housing must be allowed by right, a site plan review can still be required. c. At least half of the multi-family zoning district land areas must comprise contiguous lots of land 2. Multi-family housing shall have no age restrictions and shall be suitable for families with children 3. The district must be of reasonable size, having a minimum gross density of 15 units per acre, subject to any further limitations imposed by the Wetlands Protection Act and Title V regulations. ===PAGE 2=== p. 2 of 10 a. She explained a caveat to the minimum gross density requirement: If a developer weren’t able fulfill 15 units per acre (i.e. due to wetlands, needing more room for septic, etc), then the infrastructure needed to resolve that is the developer’s responsibility, not the Town’s. She reviewed the timeline of the MBTA Communities Act: 2021-12-15: Draft Guidelines Released 2022-03-31: End of Comment Period (400+ Comments Received) 2022-08-10: Final Guidelines Issued: 1. Revised Community Categories (removed “Bus” & added “Adjacent Small Town”) 2. Changed Multi-Family Zoning requirement for “Adjacent Small Towns” with no Transit Stations (which currently applies to Lunenburg) from 750 units to 240 units. 3. Allowed a cap on the number of units per acre, the “Reasonable Size Criteria” 4. Released a “Compliance Model” for determining Multi-family Unit Capacity. M. Brenner asked whether Towns currently classified as “Rural” that are on the cusp of a new classification would be subject to changed requirements. K. Chapman said this was unlikely. 2022-12-31: Lunenburg’s required “Action Plan” submitted to Executive Office of Housing and Livable Communities (EOHLC) with assistance from the MRPC. 2023-08-17: Revision to Guidelines: 1. Mixed use requirement in village centers or commercial neighborhoods allowed (providing for up to 25% of the unit capacity, requiring pre-approval from EOHLC and submission at least 90 days before Town Meeting vote on the matter). She gave an overview of Compliance: 1. Section 3A is a zoning mandate, there is no “opt out” mechanism 2. Failure to comply results in ineligibility for: a. Housing Choice Initiative grants b. Mass Works Infrastructure Program c. Local Capital Projects Fund d. Green Communities Grants e. Housing Authority f. Other Programs – One Stop 3. Failure to comply also results in: a. Risk liability under federal and state Fair Housing laws (per the Attorney General) b. Possible Civil Enforcement Action She noted that the law is a zoning mandate—not a housing production mandate—which is meant to address housing market conditions, not subsidize housing supply. Affordable Units are capped at 10% unless Chapter 40R applies (as in Lunenburg) or an economic feasibility analysis is completed. ===PAGE 3=== p. 3 of 10 Ms. Chapman then compared the existing zoning and hypothetical compliant zoning, in terms of acreage, density and final unit capacity: Existing Zoning Data Metric District 1 District 2 District 3 District 4 Name Tri-Town Smart Growth Overlay Lake Whalom Overlay District Rogers Way 351 Mass. Ave Acreage 9.2 41.3 37.1 114.1 Density Denominator 9.2 41.3 37.1 114.1 Final Unit Capacity 203 270 1,358 5,520 Units per Acre 22.0 6.5 36.6 48.4 Hypothetical MBTA Communities-Compliant Zoning Data Metric District 1 District 2 District 3 District 4 Name Tri-Town Smart Growth Overlay Lake Whalom Overlay District Rogers Way 351 Mass. Ave Acreage 9.2 41.3 37.1 114.1 Density Denominator 9.2 41.3 37.1 114.1 Final Unit Capacity 249 676 557 1,762 Units per Acre 27.0 16.4 15.0 15.4 She outlined the changes made to existing zoning inputs to achieve these modeled results: 1. Tri-Town Smart Growth Overlay: a. Minimum lot size reduced from 40,000 sqft. to 20,000 sqft. 2. Lake Whalom Overlay District: a. Minimum lot size reduced from 40,000 sqft. to 20,000 sqft. 3. Rogers Way: a. Minimum lot size reduced from 40,000 sqft. to 20,000 sqft b. Maximum Lot Coverage raised from 0% to 85% 4. 351 Mass Ave: a. Minimum lot size reduced from 40,000 sqft. to 20,000 sqft. b. Building Height reduced from 4 to 3 She explained the recommended next steps for the Town: 1. Apply for more technical assistance funding, which could be: a. Another Planning Assistance Grant b. District Local Technical Assistance (DLTA) for 2025 c. Mass Housing Partnership (MHP) Funding 2. Accept or decline the four potential districts. a. If chosen, develop bylaw and map amendments accordingly b. If undecided, model alternative new districts 3. Choose where to incorporate public outreach into the timeline of accepting a proposed district 4. If choosing 40R, submit a preliminary compliance application to the EOHLC 90 days before the Town Meeting. ===PAGE 4=== p. 4 of 10 Ms. Chapman discussed communication issues with the Town following Adam Burney’s departure as Land Use Director. M. Brenner confirmed with K. Chapman that compliance would need to be passed by the Fall 2025 Town Meeting. He then asked what would happen if the voters “said no”; Ms. Chapman explained that there wasn’t a precedent for that yet. R. Harris asked about using existing multi-family units to meet part of the zoning requirements. K. Chapman confirmed it was theoretically possible, but that the district would still need to zone for 15 units per acre and she wasn’t ultimately sure if the state would accept the heavy usage of existing multi-family units. R. Harris noted finding another 40R area or adding to the existing one as options. M. Brenner asked if increasing density within the Tri-Town would meet compliance with zoning density. K. Chapman stated it would depend on state approval, citing example of the Town of Sterling’s attempt to use a 40B district being declined. R. Harris and K. Chapman discussed potential funding for technical assistance, noting the unlikelihood of receiving another Planning Assistance Grant but mentioning DLTA and MHP as options. G. McLeod asked how many towns have voted against compliance so far, which K. Chapman didn’t know. He knew of approximately 11 communities that had done so at Town Meeting, citing the posted video of Tewksbury’s Town Meeting. K. Chapman noted varying degrees of discontent among towns, as well as the shift to majority vote for housing bylaw. G. McLeod questioned why this was voted on at all as a State “mandate”, and emphasized the particular importance of community outreach and information. He was concerned about the possibility of compliant zoning districts being accepted by the public with an understanding that they were unlikely to be developed, only to be subsidized into developer desirability after the fact via State programs. T. Willsmer inquired about major complaints from towns like Tewksbury, with G. McLeod citing that the mandatory nature and open-ended infrastructure concerns of the law. G. McLeod suspected the State intends for new units rather than using existing ones. M. Allison confirmed the uncertainty of state approval for using existing units with K. Chapman. G. McLeod reiterated that this was one of the types of questions that the Town needed answers to. M. Brenner provided background on the Planning Board’s history with the MBTA Communities’ Act for the public. Previously, the requirement for units was larger and compliance was tied to eligibility for two grants which the Town typically doesn’t receive anyway. After multiple towns considered non-compliance, more grants were added to the eligibility blacklist, along with punitive measures for non-compliance through the Attorney General. He noted divisions in early backlash to the law: a given requirement (i.e. density of 15 units per acre) might be “excessive” from a rural standpoint, but “relaxed” from an urban standpoint. G. McLeod noted one of the State’s goals of making more rental units available. He and K. Chapman were unsure about vacancies in local rental units. M. Brenner clarified the law’s focus on affordability, noting that it doesn’t explicitly require the multi-family units to be rental instead of purchasable. He noted that although the law addresses whether Lunenburg has enough Affordable Housing by the legal definition, the Town doesn’t have enough “housing that’s affordable”. R. Harris asked when the MHP grant would be due, to which K. Chapman explained that it was rolling with the Town as the applicant rather than the Planning Board. ===PAGE 5=== p. 5 of 10 M. Allison asked about the district’s distance requirement from MBTA stations, which K. Chapman clarified no longer apply to Lunenburg. He noted that the law’s guideline revisions overlapped the MRPC’s development of the 4 potential multi-family districts, and opined that the options had become outdated due to being respecting those requirements at the time. K. Chapman disagreed, explaining that preferring already-developed parcels to raw parcels was a greater influence. M. Allison confirmed the exclusion of non-compliant towns from the Green Communities Grant, as well as M. Brenner’s previously described compliance mechanisms. M. Brenner and R. Harris discussed the grant application process. R. Harris recommended pursuing MHP funding, and explained that he would fill out the application form and have it forwarded to the Town Manager for their signature. G. McLeod asked about typical grant amounts, with R. Harris stating they generally range from $10,000 to $50,000. M. Allison moved to state for the record that the Planning Board supports pursuing funding for technical assistance to further evaluate the MBTA zoning compliance requirements. A. Reid seconded. Voice vote, passed unanimously. Economic Development Committee The EDC was unable to attend, and tentatively rescheduled for 2024-07-22. PUBLIC HEARINGS: 255 Sunny Hill Rd – (Cont. FROM 2024-06-10, TO 2024-07-22) See separate minutes. 3 Lancaster Ave – (CANCELLED, Pending Resubmission) The hearing was meant to review a Special Permit Application for a Freestanding Sign at 3 Lancaster Ave, pursuant to §250-4.17H(3)(j) of the Code of the Town of Lunenburg (as amended at the May 2015 Annual Town Meeting). Applicant is Steven Borodawka, 2 Shaker Rd D-103, Shirley, MA 01464. Property owner is Art Calvillo, 3 Lancaster Ave, Lunenburg, MA 01462. Sanford Leavenworth represented the applicant via Zoom. Logan O’Connell explained that internal miscommunication over the Planning Department staff’s legal ability to determine application completeness led to premature acceptance of the applicant’s submission. This led to the Public Hearing being advertised and scheduled without the prior documentation or processes in-place for the application to be approved. M. Brenner questioned whether the board should open the hearing with the application as incomplete as it is. R. Harris noted that the Board isn’t able to take input from the applicant without opening the hearing, and recommended that the applicant give the board an extension to its deadline to begin the Public Hearing. S. Leavenworth was deeply frustrated, explaining that his last communication with the Town was that he would return with the required information, and now he was involved in this meeting. He asked to be back on the agenda in four weeks. R. Harris suggested cancelling the Public Hearing because the notifications weren’t properly distributed. S. Leavenworth explained that he wasn’t told the full process for notifying abutters, and emphasized that he doesn’t know how to deal with this and just wants to get the full application in later. M. Allison suggested that the applicant withdraw without prejudice and reapply. R. Harris explained that an email to himself and L. O’Connell would suffice for that. ===PAGE 6=== p. 6 of 10 G. McLeod moved to cancel the hearing based upon the applicant’s indication of additional material to be submitted and miscommunication between the Town and Applicant about application requirements, causing improper notice. T. Willsmer seconded. Voice Vote, Passed 4-0-1. (M. Allison abstained). CERTIFICATES OF COMPLETION: 317-321 Sunny Hill Rd Tim Battles (CTB Holdings) requested a Certificate of Completion for 321 Sunny Hill only. GEI was at the site 10 days ago and the report for 321 met specifications for what was needed, 317 would remain open until construction is completed. The board reviewed GEI’s report and briefly discussed with R. Harris. T. Willsmer moved to grant a certificate of completion for the Stormwater Management Permit regarding 321 Sunny Hill Rd only. A. Reid seconded. Voice vote, passed unanimously. BOARD DISCUSSIONS Water Supply Protection District – Proposed Zoning Bylaw Amendments Fran McNamara (Superintendent of the Lunenburg Water District) called the meeting of the Lunenburg Water District to order, beginning their joint meeting with the Planning Board. He was joined by Lunenburg Water District Commissioners Mark Bursch and Matthew Woodward. R. Harris clarified to M. Brenner that the draft’s permitted uses for Zone 1 matched those in current bylaw (except the new addition of “Hunting where otherwise legally permitted”). Section F(2) explicitly outlined permitted uses within Zone 1. F. McNamara wanted Water Treatment to be included, and sub-sections (e) (“farming, gardening, nursery…”) and (f) (“Uses accessory and subordinate to [a-f]”) removed from Zone 1’s permitted uses. M. Woodward noted that although the Water District could ultimately prevent the uses in (e) as property owners of Zone 1s, they wanted to avoid passing bylaw provisions that would be overridden by conflicting state regulation. R. Harris explained that removing (e) as a permitted use would likely be found compliant with MGL 40A s. 3 by the Attorney General, but specifically excluding those uses would not. The Water District agreed. M. Brenner asked for public comment on the removal of (e). Joan Pease (11 Wintergreen Court) said that there were no objections to removing (e). Section F(3) explicitly outlined Zone 2 and 3’s permitted uses. F. McNamara wanted verbiage in sub- section (h)—the exclusion of “new treatment works and related”—removed, as building new treatment plants outside those Zones would impose large expenses, such as new land purchases and miles of pipe construction. R. Harris explained that the language was included in response to the feedback of residents opposed to new treatment work at the Planning Board’s Public Hearing on 2024-04-22. He also clarified that the draft does allow treatment in Zone 2 by Special Permit, under section H(1)(d). M. Brenner compared Site Plan Approval and Special Permit requirements: “By right” uses are subject ===PAGE 7=== p. 7 of 10 to the concrete “checklist” of Site Plan Approval, while Special Permits give the Planning Board more leniency in holistically determining whether a project is appropriate (even if underlying zoning would allow it). R. Harris noted that a Special Permit requires a supermajority vote for approval, while Site Plan Approval requires a simple majority and is more difficult to deny. M. Woodward noted that construction of new treatment plans within 5-10 years would be required by MassDEP mandates, and opined that the Special Permit would be unnecessary given the pre-existing requirement for Site Plan Approval. J. Pease spoke. She felt that the Water District had criticized herself & the Planning Board unfairly in a recent meeting, and noted the breadth of needs that factored into Planning Board decision-making. She clarified that the proponents of F(3)(h) weren’t completely disallowing new plants in Zones 2 and 3, but were asking the Planning Board to be involved via Special Permit as an avenue of public input. She noted that there were Zone 2s less than 50 ft from residential homes. R. Harris noted that Site Plan Approvals still require a public hearing process and abutter notification, and they commonly have attached conditions for public concerns like screening, buffering, noise- generating machinery, and operating hours. The Water District Commissioners enumerated the current process for building a new treatment plant: 1. A Water District constituent vote to appropriate money for creating a construction plan (~$700- 800k) 2. Approval of the plan from the Massachusetts D.E.P. 3. A public meeting to present the plan & vote on appropriating money for its implementation (~$20m) 4. Site Plan Approval for the plan through the Planning Board (a public hearing). M. Brenner asked concerned members of the public if they were comfortable with this process’s safeguards and existing opportunities for their input. Iris Sinkel (13 Wintergreen Ct) asked whether a body representing the public’s interest existed in this process. M. Brenner replied that this was the Planning Board’s job and the purpose underlying the Public Hearing process. A Site Plan Approval allows the board to add conditions, and the passing vote requirement is a majority. A Special Permit also allows the board to add conditions, but the passing vote is a supermajority and the board has an easier time denying applications. He noted that a supermajority requirement can create quorum issues that prevent the passage of projects that people do agree on. Andy Starvaski (8 Wintergreen Ct) noted that only the Water District voters had input in steps 1 and 3, and said requiring Special Permit would give the Planning Board the more capability as a body representing the entire Town. R. Harris opined that the timeframe of a project as substantial as a new water treatment plan wouldn’t be similar with a Site Plan Approval or a Special Permit, aside from potential continuations from lack of quorum. Barbara Turkington (110 Royal Fern Dr) opined that voters were seeking the most stringent bylaw ===PAGE 8=== p. 8 of 10 regulations possible to make sure that their needs are heard, and would prefer a Special Permit. J. Pease opined that the only way the bylaw revision would pass at the next Special Town meeting would be including a Special Permit requirement, and that voters didn’t want to extend the process further. Returning to Section F(2), F. McNamara discussed language to allow for treatment plants in Zone 1 while specifically excluding Hickory Hills to address residents’ concerns without impacting other Zone 1s. J. Pease suggested a limit of at least 400 feet from the shore of a lake. F. McNamara counter- suggested 100 feet, citing potential problems with future wells planned at Lake Shirley. M. Woodward reiterated the depth of the existing process’s regulation for building treatment plants, and questioned the Town’s benefits from adding to it. J. Pease opined that while the Water District voters and Mass D.E.P. have their own specific interests, the Planning Board best represented the neighborhood’s interests. She said that requiring a special permit for the construction of any new water facilities in Zone 1 and 2 could help reach a compromise. M. Brenner explained that the board wouldn’t be making any decisions tonight, and its next discussion on this would be on 2024-08-26. F. McNamara mentioned that the current Zone 2 bylaw provides for protective Zone 1s around potential well sources to prevent development that would eliminate them as water sources, and recommended including those Zone 1s on the new upcoming Zoning map to protect them. R. Harris said he would include this suggestion in the list of possible revisions from this meeting’s discussion. M. Brenner clarified that the next discussion of the Water District on 2024-08-26 would not be a Public Hearing but a Board Discussion, hoping to resolve technicalities and in-depth discussion before the official Public Hearing in September. R. Harris recommended 2024-09-23 to allow for slack time before the Town Meeting. M. Bursch asked who the enforcing authority on Town Bylaws was. Under State Law, the Zoning Bylaw enforcement authority is the Building Commissioner. M. Bursch and M. Brenner adjourned the joint meeting between the Planning Board and Water District’s and thanked the public for attending. Pledge of Allegiance (Inclusion in Meeting) M. Brenner asked if the board wanted to discuss tonight or postpone to a future meeting. M. Allison opined that there had already been enough prior discussion, M. Brenner disagreed. M. Brenner opined that including the pledge within the meeting could be a form of “pseudo-compelling” speech which alienates members of the public who are uncomfortable with saying it, is against his primary goal of government accessibility for the public. M. Allison disagreed with the notion that it was compelling. T. Willsmer opined that the local community is more important than the Federal Government in the Board’s context, noting that Lunenburg is older than the country itself. G. McLeod was surprised that this was an issue at all, and opined that every town board representative of the local government should open the meeting with the Pledge of Allegiance for members of the public who wanted to do it. He found the local involvement with government to be fundamental to the Pledge. M. Brenner emphasized the importance of creating the most ===PAGE 9=== p. 9 of 10 welcoming environment possible. Erin M. (attending via Zoom) asked Board members in support of including the Pledge what its importance to them was, in the context of the Planning Board. G. McLeod responded, citing his previous statements and opining that traditions are important. Erin disagreed, and opined that the addition of “under God” during the Eisenhower administration violated the separation of Church and State. M. Brenner paused discussion to prevent escalating contention. M. Brenner explained that if the Board voted to include the pledge he would make room for it within the meeting, but he wouldn’t be leading it himself. M. Brenner asked for a voice vote from all in favor and against. Aye – M. Allison, G. McLeod, A. Reid Nay – M. Brenner, T. Willsmer MINUTES APPROVAL R. Harris found that the minutes from 2024-05-13 showed a motion made and seconded but didn’t include the corresponding vote, which should be included. He also recommended that the minutes from 2024-06-12 include that the Public Hearing for 255 Sunny Hill Rd. The Board did not approve these minutes, awaiting the above revisions. COMMITTEE REPORTS Master Plan Steering Committee Per T. Willsmer, no Meeting Open Space Committee Per G. McLeod, he hasn't been to a meeting yet. Municipal Building Design Committee Per M. Allison, no meeting. Agricultural Commission M. Allison no longer a member, finding new liaison can be for future meeting. Capital Planning Committee Per M. Brenner, meeting on Wednesday. Economic Development Committee Per G. McLeod, they plan to attend the next Planning Board meeting. Stormwater Task Force Per T. Willsmer, no meeting. Montachusett Regional Planning Commission Per A. Reid, no meeting and no meeting scheduled this month. ===PAGE 10=== p. 10 of 10 Montachusett Joint Transportation Committee Per A. Reid, no meeting. MEETING SCHEDULE 6:00 P.M. at Town Hall, unless otherwise noted. Upcoming meetings on 2024-07-22 and 2024-08-12. PUBLIC COMMENT Dave McDonald (155 Island Rd) thanked the Board members for voting for the Pledge. He opined that people would still come before the Planning Board for their business, regardless of their opinion on the pledge. ADJOURNMENT M. Allison moved to adjourn. T. Willsmer seconded. Voice vote, all aye. Documents Referenced: 2023-01-30_ NA_ Lunenburg Action Plan for MBTA Communities 2024-06-26_ 317-321 Sunny Hill Rd_ GEI Site Visit Report 2024-06-30_ NA_ Memo regarding WSPD Revision with Attachments 2024-05-13_ Planning Board_ Minutes 2024-06-10_ Planning Board_ Minutes ======================================================================================== DOCUMENT : 2024-07-22-agenda-6670.txt BOARD : planning-board DATE : 2024-07-22 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2024-07-22-agenda-6670.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_07222024-6670 ======================================================================================== ===PAGE 1=== REVISED NOTICE OF MEETING MONDAY, JULY 22ND, 2024 – 6:00 PM Town Hall, 17 Main Street, Lunenburg MA TOWN OF LUNENBURG Office of the Planning Board Tel: (978) 582-4146, ext. 5 Fax: (978) 582-4353 960 Massachusetts Avenue Lunenburg, MA 01462 Matthew Brenner, Chair Matthew Allison, Vice Chair Amanda Reid, Clerk Timothy Willsmer, Member Glenn McLeod, Member Richard Harris – Interim Land Use Director Logan O’Connell – Administrative Assistant 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/LunenburgPublic-Access-Cable-157427270975305/) and will be able to be found on the Lu nenburgAccess YouTube channel wit hin 24 hours after the meeting. The agenda lists all the topics which may be discussed at the meeting and are those reasonably anticipated by the Chair. Votes may be taken as a result of these discussions. Not all items lis ted may in fact be discussed and other items not listed may also be brought up for discussion, to the extent permitted by Open Meeting Law. REMOTE PARTICIPATION: From a computer, please use the link below to join: https://us02web.zoom.us/j/88251881562 or from a telephone, dial the toll free number (888) 475 -4499 and enter Webinar ID: 810 9267 3745. 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 u se 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 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 attendance accordingly. AGENDA 1. CALL TO ORDER 2. PUBLIC COMMENT 3. PUBLIC HEARINGS a. 255 Sunny Hill Rd: Stormwater Permit (cont’d from Jul 08) b. 240 Summer St: Site Plan Approval, Stormwater Permit 4. APPOINTMENTS a. Economic Development Committee: Roadblocks for New Businesses, Appointment Length Clarification 5. BOARD DISCUSSIONS a. First Right of Refusal – 20 Kilburn St – Chapter 61 b. Requests for ARPA Funding from Available Uncommitted Balance 6. COMMITTEE REPORTS a. Master Plan Steering Committee b. Open Space Committee c. Municipal Bldg. Design Committee d. Agricultural Commission e. Capital Planning Committee f. Economic Development Committee g. Storm Water Task Force h. Montachusett Regional Planning Commission i. Montachusett Joint Transportation Committee 7. MINUTES APPROVAL 05/13/2024; 06/10/2024; 06/24/2024 8. MEETING SCHEDULE a. (6:00 P.M. at Town Hall or stated otherwise) August 12th , August 26th 9. PUBLIC COMMENT 10. BOARD COMMENT / CONCERNS 11. ADJOURNMENT ======================================================================================== DOCUMENT : 2024-07-22-minutes-6670.txt BOARD : planning-board DATE : 2024-07-22 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2024-07-22-minutes-6670.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_07222024-6670 ======================================================================================== ===PAGE 1=== TOWN OF LUNENBURG Office of the Planning Board Matthew Brenner, Chair Matthew Allison, Vice Chair Amanda Reid, Clerk Timothy Willsmer, Member Glenn McLeod, Member Minutes Monday, July 22nd, 2024 Tel: (978) 582-4146, ext. 5 Fax: (978) 582-4353 960 Massachusetts Avenue Lunenburg, MA 01462 Richard Harris – Interim Land Use Director Logan O’Connell – Administrative Assistant Meeting Posted: Yes Address: Town Hall, 17 Main Street, Lunenburg, MA Date: 6:00 P.M. Present: Glenn McLeod, Amanda Reid, Timothy Willsmer Absent: Matthew Allison, Matthew Brenner CALL TO ORDER: T. Willsmer called the meeting to order. PUBLIC COMMENT: None at this time. PUBLIC HEARINGS: 255 Sunny Hill Rd – Stormwater Management Permit (Cont’d FROM 2024-06-10, TO 2024-08-12) See separate minutes. 240 Summer St – Site Plan Approval / Stormwater Management Permit See separate minutes. A. Reid moved to approve the Site Plan for 240 Summer St subject to the waivers conditioned as discussed and a written decision to be acted upon at the next meeting. G. McLeod seconded. Voice vote, passed unanimously. A. Reid moved to approve the Stormwater Management Permit for 240 Summer St subject to the standard and special conditions, including items mentioned in the 2024-07-18 Graves Engineering Review letter, and a decision to be presented at the next meeting. G. McLeod seconded. Voice vote, passed unanimously. ===PAGE 2=== p. 2 of 3 BOARD DISCUSSIONS: Right of First Refusal – 20 Kilburn St L. O’Connell explained that the Select Board’s choice to Right of First Refusal (ROFR) was pending the Planning Board’s input on potential Town uses for Lots 1 and 3 of 20 Kilburn St. T. Willsmer invited Tom Gibbons (attorney for Rick Hillman, Trustee of RIMRIC Realty Trust) to speak. T. Gibbons filed the Notice of Intent to Sell under MGL Ch. 61B on May 15th, and Conservation Commission advised the Select Board to waive the ROFR. A. Reid noted the parcel’s proximity to Cherry Hill Farm and Massapoag Pond, asking if Conservation had reviewed this. T. Gibbons confirmed that Conservation had voted to recommend waive the ROFR, and explained that approximately 81 acres would still remain in Ch. 61B without Lots 1 and 3. After brief discussion noting that although the Open Space Committee hadn’t had a formal discussion yet, it may have some interest in the land, A. Reid moved to recommend to the Select Board that the Planning Board did not find sufficient reason from a planning perspective to exercise the Town’s right to acquire this property, but it is aware that the Open Space Committee may have some interest. G. McLeod seconded. Voice vote, passed unanimously. ARPA Funding Requests T. Willsmer confirmed that the board doesn’t currently have any active projects which ARPA funding could be put towards, but sought board input for potential projects. G. McLeod suggested upgrades to the sound system for the Bilotta Meeting Room. A. Reid suggested another Zoom link for the Planning Board, which R. Harris expected to be difficult due to Zoom’s annual licensure conflicting with ARPA’s contracting deadlines. The Board agreed to compile these ideas in an email to the Town Manager’s office. COMMITTEE REPORTS: Master Plan Steering Committee Per T. Willsmer, Scheduled for 2024-07-24 Open Space Committee Per G. McLeod, recently discussed the Open Space Plan update due in 2027. Agricultural Commission Per A. Reid, as M. Allison is no longer the Planning Board’s member to the Agricultural Commission, the Board prefers to wait until it has full attendance to discuss the next appointment. T. Willsmer agreed. Economic Development Committee Per G. McLeod, Ruby Donut is working on 466 Electric Ave, Il Forno purchased the property adjacent to their restaurant, the joint meeting with the Planning Board about addressing obstacles for incoming businesses is being planned, the Town Meet and Greet is at Low Places Ranch on September 26th. ===PAGE 3=== p. 3 of 3 Stormwater Task Force Per T. Willsmer, did not have quorum. Montachusett Regional Planning Commission Per A. Reid, no meeting this month. Montachusett Joint Transportation Committee Per A. Reid, the meeting was mostly housekeeping on selecting leaders for the new group. MINUTES APPROVAL: 2024-05-13 G. McLeod was unable to vote on this as he wasn’t part of the board during this meeting, not leaving enough members to reach a simple majority. Postponed to 2024-08-12 Planning Board meeting. 2024-06-12 A. Reid and T. Willsmer were absent during this meeting, not leaving enough members to reach a simple majority. Postponed to 2024-08-12 Planning Board meeting. 2024-06-24 After review, A. Reid moved to approve the Minutes for 2024-06-24. G. McLeod seconded. Voice vote, passed unanimously. MEETING SCHEDULE: All meetings are 6:00 P.M. at Town Hall on the 2nd and 4th Monday of each month, unless otherwise noted. Upcoming meetings: 2024-08-12, 2024-08-26. PUBLIC COMMENT: None. BOARD COMMENTS: None. ADJOURNMENT: A. Reid moved to adjourn. G. McLeod seconded. Voice vote, passed unanimously. Documents Referenced: 2024-05-15_ 20 Kilburn St_ Notice of Intent to Convert and Sell for Residential Use 2024-07-15_ NA_ ARPA Funding Requests Email ======================================================================================== DOCUMENT : 2024-08-12-agenda-6704.txt BOARD : planning-board DATE : 2024-08-12 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2024-08-12-agenda-6704.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_08122024-6704 ======================================================================================== ===PAGE 1=== REVISED NOTICE OF MEETING MONDAY, AUGUST 12TH, 2024 – 6:00 PM Town Hall, 17 Main Street, Lunenburg MA TOWN OF LUNENBURG Office of the Planning Board Tel: (978) 582-4146, ext. 5 Fax: (978) 582-4353 960 Massachusetts Avenue Lunenburg, MA 01462 Matthew Brenner, Chair Matthew Allison, Vice Chair Amanda Reid, Clerk Timothy Willsmer, Member Glenn McLeod, Member Richard Harris – Interim Land Use Director Logan O’Connell – Administrative Assistant 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/LunenburgPublic-Access-Cable-157427270975305/) and will be able to be found on the LunenburgAccess YouTube channel within 24 hours after the meeting. The agenda lists all the topics which may be discussed at the meeting and are those reasonably anticipated by the Chair. Votes may be taken as a result of these discussions. Not all items listed may in fact be dis cussed and other items not listed may also be brought up for discussion, to the extent permitted by Open Meeting Law. REMOTE PARTICIPATION : From a computer, p lease use the link below to join: https://us02web.zoom.us/j/81092673745?pwd=bG2IewayYjipyeXyrdsh4SP34S5KWQ.1 or from a telephone, dial the toll free number (888) 475-4499 and enter Webinar ID: 810 9267 3745. 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 the meeting/hearing will not be suspe nded 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 attendance accordingly. REVISED AGENDA 1. CALL TO ORDER 2. PUBLIC COMMENT 3. PUBLIC HEARINGS a. 255 Sunny Hill Rd: Stormwater Permit (cont’d from Jul 22nd) b. 3 Lancaster Ave: Special Permit - Vill. Distr. Freestndg. Sign 4. DECISIONS a. 240 Summer St – Site Plan Approval b. 240 Summer St – Stormwater Permit 5. CERTIFICATES OF COMPLETION a. 1325 Massachusetts Avenue 6. BOARD DISCUSSIONS a. Advisory Board Notification Procedures (Open Space Committee, ROFR) b. Legal Advisory – Affordable Homes Act 7. ABUTTING COMMUNITY NOTICES a. Lancaster ZBA, 11 Kinnear Ave b. Lancaster ZBA, 115 Beach Pt Rd c. Leominster PB, Basset St d. Lancaster PB, 0 Hilltop Rd e. Shirley ZBA, 182-188 Great Rd f. Lancaster ZBA, 16 Harvard Rd 8. COMMITTEE REPORTS a. Master Plan Steering Committee b. Open Space Committee c. Municipal Bldg. Design Committee d. Agricultural Commission e. Capital Planning Committee f. Economic Development Committee g. Storm Water Task Force h. Montachusett Regional Planning Commission i. Montachusett Joint Transportation Committee 9. MINUTES APPROVAL 2024-06-12; 2024-07-08; 2024-07-22; 2024-07-08 Public Hearing (255 Sunny Hill); 2024-07-22 Public Hearing (255 Sunny Hill) 10. MEETING SCHEDULE (6:00 P.M. at Town Hall or stated otherwise) August 26th, September 9th 11. PUBLIC COMMENT 12. BOARD COMMENT / CONCERNS 13. ADJOURNMENT ======================================================================================== DOCUMENT : 2024-08-12-minutes-6704.txt BOARD : planning-board DATE : 2024-08-12 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2024-08-12-minutes-6704.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_08122024-6704 ======================================================================================== ===PAGE 1=== TOWN OF LUNENBURG Office of the Planning Board Matthew Brenner, Chair Timothy Willsmer, Vice Chair Amanda Reid, Clerk Matthew Allison, Member Glenn McLeod, Member Vacancy - Land Use Director Logan O’Connell - Admin Asst. Tel: (978) 582-4146, ext. 5 Fax: (978) 582-4353 960 Massachusetts Avenue Lunenburg, MA 01462 MINUTES 2024-08-12 Meeting Posted: Yes Address: Town Hall, 17 Main Street, Lunenburg, MA Time: 6:00 P.M. Present: Matthew Allison, Glenn McLeod, Amanda Reid Absent: Matthew Brenner, Timothy Willsmer CALL TO ORDER A. Reid called the meeting to order at 6:01 P.M and led the Pledge of Allegiance. PUBLIC COMMENT None. PUBLIC HEARINGS Both scheduled Public Hearings were delayed to the next meeting due to issues with quorum: 255 Sunny Hill Rd – Stormwater Permit (Cont. FROM 2024-07-22, TO 2024-08-26) G. McLeod was ineligible to vote on this since it started prior to his tenure on the Board, leaving only 2 eligible members. 3 Lancaster Ave – Special Permit (Cont. TO 2024-08-26) Special Permits require 4 members to take action on, and only 3 were available tonight. M. Allison moved to continue both hearings to 2024-08-26. G. McLeod seconded. Voice vote, passed unanimously. DECISIONS 240 Summer St ===PAGE 2=== 2 of 5 - Planning Board Minutes, 2024-08-12 As M. Allison was absent from the 07-22 Public Hearing, only 2 eligible members were available to vote. M. Allison can become eligible after reviewing the hearing content and filing a Mullins Rule Certification (M.G.L. c39 Section 23D, Adopted Town Meeting 2006-12-05). M. Allison moved to continue the decisions for 240 Summer St (Site Plan Approval, Stormwater Permit) to 2024-08-26. G. McLeod seconded. Voice vote, passed unanimously. CERTIFICATES OF COMPLETION 1295 - 1325 Massachusetts Avenue Greg Roy (Dillis & Roy) offered to answer any questions from the Board about the As-Built plan. M. Allison asked why the finish floor elevation was raised by one foot on the As-Built plan (Graves Engineering, Inc review, comment 2). Dan Proctor (1529 Mass. Ave) said it addressed a groundwater issue and left the height under 30 ft. M. Allison asked whether there had been any feedback from the Building Commissioner on the site. R. Harris relayed the Building Commissioner’s explanation that the bank won’t release any of the units to be sold or occupied until a Certificate of Completion was issued for the Stormwater Permit of 1295 Mass Ave. G. Roy confirmed all of the Stormwater construction for the 1295 was completed. M. Allison asked whether the Board was signing off on the complete Stormwater before or after construction. R. Harris clarified that the Board was being asked to sign the Certificate of Completion for 1295 Mass. Ave’s specifically, while the Certificates of Completion for 1315 and 1325 Mass Ave’s were upcoming decisions after the rest of the buildings were finished and the final site stability had been confirmed. He further clarified that although one Stormwater Permit was issued for the whole site, Certificates of Completion could be issued on an individual lot or address basis. M. Allison asked whether the Board would be requiring a Performance Guarantee for the other sites. R. Harris said that it wouldn’t be necessary given GEI’s recent review. M. Allison moved to issue a Certificate of Completion for 1295 Mass Ave’s Stormwater improvements for that portion of the project. G. McLeod seconded. Voice vote, passed unanimously. BOARD DISCUSSIONS Advisory Board Notification Procedures L. O’Connell gave context. Lots 1 and 3 at 20 Kilburn St were recently converted out of Chapter 61B for Residential Use. The Notice of Intent (NOI) dated 2024-05-15 was given to the Planning Department, although the date of receipt isn’t known due to staffing changes and onboarding difficulties. The Open Space Committee (OSC) also wasn’t notified when the NOI arrived with the Planning Department, and ultimately received it from them with short notice. He opined that the ===PAGE 3=== 3 of 5 - Planning Board Minutes, 2024-08-12 infrequency of the Chapter conversion process caused the lack of clear staff procedure on handling them. G. McLeod agreed and said it was important to immediately notify the OSC. He mentioned their request to be notified when any parcel of >=5km currently within Chapter comes before the Planning Board, and asked where the data on properties currently within Chapter was available. R. Harris explained that there should be a table in the appendix of Lunenburg’s Open Space Recreation plan listing all parcels under Chapter 61, 61A and 61B. He also mentioned that the Assessor’s Office should have this data. M. Allison noted that previous discussion about streamlining this process between the OSC and Planning Board was taking place before the previous Land Use Director left, and it likely fell through the cracks. He agreed that the OSC should be immediately notified when the Planning Department receives an NOI. M. Allison, G. McLeod and R. Harris discussed the function and timeline of Chapter 61 conversions. R. Harris reiterated that although the Town only has 120 days to decide whether to exercise its right of first refusal, it has a following period of time for the Town Meeting process and acquire the funding to actually make the purchase. Legal Advisory – Affordable Homes Act R. Harris explained that recent amendments to the Affordable Homes Act regarding Accessory Dwelling Units would likely require changes to the zoning bylaw, and would go into effect February 2025. G. McLeod opined that this restricted the regulatory options available to local communities, as well as individuals’ property rights, similar to the MBTA Communities Act. R. Harris replied that the State had taken greater control over certain uses (i.e. solar, agricultural, educational or religious uses), and also doing so with Accessory Dwelling Units. ABUTTING COMMUNITY NOTICES R. Harris explained this new agenda item, saying he suggested it so that Board members would have an opportunity to discuss any notices of interest (i.e. for properties close to the Town Line). COMMITTEE REPORTS Master Plan Steering Committee T. Willsmer was absent, no report. Open Space Committee See Advisory Board Notification Procedures discussion above. ===PAGE 4=== 4 of 5 - Planning Board Minutes, 2024-08-12 Municipal Building Design Committee Per M. Allison it hasn’t met recently, but it is still being talked about at Select Board meetings. Agricultural Commission The Planning Board has no representative to the Agricultural Commission right now. This will be discussed at the next meeting where all members are present. Capital Planning Committee M. Brenner was absent, no report. Economic Development Committee Per G. McLeod the EDC meet & greet at Low Places Ranch is scheduled for September 26th 5:30 PM Storm Water Task Force T. Willsmer was absent, no report. Montachusett Regional Planning Commission Per A. Reid, met last week on Thursday. Lots of talk about Nashoba Valley Hospital’s pending closure. A Public Hearing about this from the Massachusetts Department of Public Health is scheduled at the Devens Commerce Center on August 15th 6:00 PM. A recent state law for the Devens housing cap failed to include the group representing the public works & school districts of Devens, which overlap Shirley, Ayer and Harvard. This is an ongoing topic. Montachusett Joint Transportation Committee Per A. Reid, hasn’t met. Upcoming meeting is on 2024-08-13. MINUTES APPROVAL The Board reviewed proposed minutes for its meetings on 2024-06-10, 2024-07-08 and 2024-07-22, as well as minutes for 255 Sunny Hill Rd’s Public Hearings on 2024-07-08 and 2024-07-22. The spelling of a commenter’s name was corrected in the minutes for 2024-06-10. M. Allison moved to approve the minutes for the Planning Board’s June 12th, July 8th, and July 22nd meeting, as well as the minutes for the 255 Sunny Hill Rd Public Hearings on July 8th and July 22nd with the scrivener’s error amended. G. McLeod seconded. Voice vote, passed unanimously. MEETING SCHEDULE All meetings are 6:00 P.M. at Town Hall on the 2nd and 4th Monday of each month, unless otherwise noted. Upcoming meetings: 2024-08-26, 2024-09-09. ===PAGE 5=== 5 of 5 - Planning Board Minutes, 2024-08-12 R. Harris noted that his last meeting was on 2024-08-26, and his contract ended 2024-08-31. He suggested verifying board member availability before the 2024-08-26, which is planned to have another discussion with the Water District. He also noted that there has been some discussion with the MRPC to provide staff support in the period between the end of his contract and the hiring of a full-time Land Use Director. BOARD COMMENT Regarding MRPC staff support after Richard’s departure, M. Allison mentioned the Town Manager Screening Committee’s recent discussion of using a staffing firm in its search and expressed concern about the level of “outsourcing”. G. McLeod asked L. O’Connell about recent progress with hiring a full-time Land Use Director. He replied that he’d seen at least one interview take place, although Brian Gingras might know more. ADJOURNMENT M. Allison moved to adjourn the meeting at 6:52 PM. G. McLeod seconded. Voice vote, passed unanimously. Documents Referenced: 2024-07-29_ 1325 Mass Ave_ SWP As-Built Plan 2024-08-09_ 1325 Mass Ave_ GEI Review As-Built Plan and Construction Completeness 2024-07-31_ OSC Notification Procedure Recommendations and Full Email Chain 2024-08-08_ Legal Advisory, Affordable Homes Act 2024-06-10_ Planning Board_ Minutes 2024-07-08_ Planning Board_ Minutes 2024-07-08_ 255 Sunny Hill Rd_ Public Hearing Minutes 2024-07-22_ Planning Board_ Minutes 2024-07-22_ 255 Sunny Hill Rd_ Public Hearing Minutes ======================================================================================== DOCUMENT : 2024-08-26-agenda-6728.txt BOARD : planning-board DATE : 2024-08-26 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2024-08-26-agenda-6728.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_08262024-6728 ======================================================================================== ===PAGE 1=== NOTICE OF MEETING MONDAY, AUGUST 26TH, 2024 – 6:00 PM Town Hall, 17 Main Street, Lunenburg MA TOWN OF LUNENBURG Office of the Planning Board Tel: (978) 582-4146, ext. 5 Fax: (978) 582-4353 960 Massachusetts Avenue Lunenburg, MA 01462 Matthew Brenner, Chair Timothy Willsmer, Vice Chair Amanda Reid, Clerk Matthew Allison, Member Glenn McLeod, Member Richard Harris – Interim Land Use Director Logan O’Connell – Administrative Assistant 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/LunenburgPublic-Access-Cable-157427270975305/) and will be able to be found on the LunenburgAccess YouTube channel within 24 hours after the meeting. The agenda lists all the topics which may be discussed at the meeting and are those reasonably anticipated by the Chair. Votes may be taken as a result of these discussions. Not all items listed may in fact be dis cussed and other items not listed may also be brought up for discussion, to the extent permitted by Open Meeting Law. REMOTE PARTICIPATION: From a computer, please use the link below to join: https://us02web.zoom.us/j/88251881562 or from a telephone, dial the toll free number (888) 475 -4499 and enter Webinar ID: 882 5188 1562. 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 u se 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 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 attendance accordingly. AGENDA 1. CALL TO ORDER / PLEDGE 2. PUBLIC COMMENT 3. PUBLIC HEARINGS a. 255 Sunny Hill Rd Stormwater Permit (cont’d from Aug 12th) b. 3 Lancaster Ave Special Permit – Vill Distr. Freestndg. Sign 4. DECISIONS a. 240 Summer St – Site Plan Approval b. 240 Summer St – Stormwater Permit 5. BOARD DISCUSSIONS a. Water Supply Protection District b. Setting date for Public Hearing – Fall STM Zoning Bylaw Amendments c. Proposed Accessory Dwelling Unit Amendment 6. ABUTTING COMMUNITY NOTICES a. Lancaster ZBA, 71-75 Main St (Variance, Special Permit for mechanical lift outside). b. Shirley ZBA, 10 Valley View Way (Variance, Minimum Side Yard Setback) c. Ashby ZBA, 558 Pillsbury Rd (Dog Kennel) 7. ONGOING ITEMS a. MBTA Zoning 8. CHAIR / DIRECTOR’S REPORT 9. COMMITTEE REPORTS a. Master Plan Steering Committee b. Open Space Committee c. Municipal Bldg. Design Committee d. Agricultural Commission e. Capital Planning Committee f. Economic Development Committee g. Storm Water Task Force h. Montachusett Regional Planning Commission i. Montachusett Joint Transportation Cowmmittee 10. MINUTES APPROVAL 2024-07-22 Public Hearing (240 Summer St) 11. MEETING SCHEDULE (6:00 P.M. at Town Hall or stated otherwise) September 9th, September 23rd 12. PUBLIC COMMENT 13. BOARD COMMENT / CONCERNS 14. ADJOURNMENT ======================================================================================== DOCUMENT : 2024-08-26-minutes-6728.txt BOARD : planning-board DATE : 2024-08-26 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2024-08-26-minutes-6728.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_08262024-6728 ======================================================================================== ===PAGE 1=== TOWN OF LUNENBURG Office of the Planning Board Matthew Brenner, Chair Timothy Willsmer, Vice Chair Amanda Reid, Clerk Matthew Allison, Member Glenn McLeod, Member Tel: (978) 582-4146, opt. 5 Fax: (978) 582-4353 960 Massachusetts Ave Lunenburg, MA 01462 Christopher Reilly – Land Use Director Logan O’Connell – Administrative Asst MINUTES 2024-08-26 (complete) MEETING POSTED: Yes ADDRESS: Town Hall, 17 Main St TIME: 6:00 P.M. PRESENT: Matthew Brenner, Timothy Willsmer, Amanda Reid, Glenn McLeod, Matthew Allison ABSENT: None CALL TO ORDER / PLEDGE The meeting was called to order at 6:01 P.M. Matthew Allison led the Pledge of Allegiance. PUBLIC COMMENT None. PUBLIC HEARINGS 255 Sunny Hill Rd – Stormwater Management Permit (Cont. FROM 2024-08-12) Public Hearing resumed at 6:04 P.M. --- Brian Marchetti (representing applicant Stefan McSweeney) summarized previous delays—e.g. Conservation Commission’s request for 3rd party review of wetland delineations—and confirmed their approval of the current plan, which shifted the driveway north about 12 ft. He noted some run-off would be collected and piped under the driveway, and certain pipes from the neighbors’ property would be extended across the project’s driveway. Kenneth Patton (290 Leominster Rd, abutter) noted an inaccuracy with the plan’s discharge location for the pipe beginning on his property, which was addressed at the 2024-07-17 Conservation Commission meeting via a special condition to update the plan’s location later. B. Marchetti explained that the exact locations would be uncovered before drainage construction starts, and an updated plan would then be provided to the Conservation Commission before construction begins. He also noted a ===PAGE 2=== 2 of 10 - Planning Board Minutes, 2024-08-26 (complete) provision for a maintenance agreement on the project lot’s deed that would allow the owner of the abutting property (K. Patton) to maintain the pipe. K. Patton re-emphasized that he doesn’t want any digging or work done on his property without his written permission. B. Marchetti agreed this was reasonable, and M. Brenner indicated this could be added as a condition. M. Allison opined that the Stormwater Management Permits weren’t adequate for their intended purpose of protecting the neighborhood and roads and had never seen proposed construction on somebody else’s lot without accurately surveying the location. B. Marchetti explained that the proposed off-site work was part of an agreement with neighbors due to run-off which was illegally redirected across the abutters’ property: the McSweeneys discussed the problem with the neighbors and agreed to collect and pipe the run-off underneath the driveway. He noted that off-site flow wasn’t included in their Drainage Calculations as it wasn’t caused by their development. M. Allison said he wouldn’t be voting for this, noting the plan inaccuracy and the involvement of an abutting property in the mitigation development. M. Brenner asked R. Harris how common endorsing Stormwater Permits with advanced knowledge of plan inaccuracies or pending modifications was. He replied that any change would need to come back before the Planning Board for approval of the modification regardless. He noted that although expecting modifications in advance was unusual, so was the need to mitigate illegal run-off. M. Allison had visited the site and opined it could’ve been properly surveyed. B. Marchetti explained – since K. Patton only recently dug the pipe up, the true location of the pipe wasn’t available to them at the time, and they would file an accurate plan before any construction was done. He planned they’d submit the minor changes for record—which would be shown on the As-Built plan required for a certificate of occupancy—rather than pursuing a full Site Plan Modification. R. Harris recommended requiring a concurrent submission to the Planning Board and Conservation (not requiring a Public Hearing) to address the modification. T. Willsmer moved to close the Public Hearing for 255 Sunny Hill Rd. M. Allison seconded. Roll Call Vote: Yes M. Allison, T. Willsmer, A. Reid, M. Brenner No Abstain G. McLeod Public hearing closed 6:47 P.M. --- ===PAGE 3=== 3 of 10 - Planning Board Minutes, 2024-08-26 (complete) The board discussed and agreed on the following conditions: 1. The Standard Conditions 2. No work done on the abutter’s property without their written consent 3. Changes to the plan must be submitted simultaneously to the Conservation Commission and Planning Board for their review and approval 4. The inclusion of the maintenance agreement for the pipe as-discussed. T. Willsmer agreed with M. Allison that the Town’s Stormwater bylaws were inadequate for their purpose. R. Harris recommended reviewing this with the new Land Use Director. T. Willsmer moved to approve the Stormwater Management Permit for 255 Sunny Hill Rd subject to the standard conditions and the three conditions previously discussed. A. Reid seconded. Roll Call Vote: Yes M. Brenner, A. Reid No M. Allison, T. Willsmer Abstain G. McLeod The board was unsure how to proceed with a 2-2-1 result. M. Brenner explained that Glenn McLeod is unable to vote on this matter due to it beginning before his time on the board. The project engineer Brian Marchetti prepared to ask a question, but Richard Harris explained that he couldn’t ask questions now as the Public Hearing had been closed. R. Harris recommended deferring the decision to the next meeting (pending clarification from Town Counsel on whether a split vote for a Stormwater Permit constitutes a denial). T. Willsmer moved to defer the decision for 255 Sunny Hill to the 2024-09-09 Meeting. A. Reid seconded. Roll Call Vote: Yes M. Allison, T. Willsmer. A. Reid, M. Brenner No Abstain G. McLeod Near the end of the meeting, R. Harris relayed communication from Town Counsel seeking T. Willsmer and M. Allison’s specific reasons for denial (for inclusion in the draft decision to be acted upon at the ===PAGE 4=== 4 of 10 - Planning Board Minutes, 2024-08-26 (complete) next meeting). 3 Lancaster Avenue – Special Permit for Village Center District Freestanding Sign A. Reid read the legal advertisement for the Public Hearing, opened 7:05 P.M --- Sandy Leavenworth (50 Island Rd, Groton) representing AlphaGraphics briefly outlined the history and procedural delays of the application. L. O’Connell elaborated – a sign permit was originally issued by the Building Commissioner in error and later rescinded due to the property being in the Village Center District (requiring a Special Permit from the Planning Board for a freestanding sign). The board invited public comment and found none. T. Willsmer moved to close the Public Hearing for 3 Lancaster Ave’s Special Permit. M. Allison seconded. Roll Call Vote: Yes G. Mcleod, M. Allison, T. Willsmer. A. Reid, M. Brenner No Abstain Public Hearing Closed 7:11 P.M. --- M. Allison moved to approve the Special Permit for signage at 3 Lancaster Avenue with all standard conditions and as presented. T. Willsmer seconded. Roll Call Vote: Yes G. Mcleod, M. Allison, T. Willsmer. A. Reid, M. Brenner No Abstain R. Harris clarified the next steps for the applicant: The Board would receive a written decision to act upon at their next meeting, which is then filed with the Town Clerk by the Town, beginning the 20 day appeal period for the Special Permit. DECISIONS 240 Summer St – Site Plan Approval, Stormwater Management Permit ===PAGE 5=== 5 of 10 - Planning Board Minutes, 2024-08-26 (complete) This was moved later in the meeting to 9:43 P.M. in the interest of time, given the large number of public attendees for the Water Supply Protection District discussion. The voting members for this matter were T. Willsmer, M. Brenner and A. Reid, as they were present for the initial approval on 2024-07-22. They reviewed the language of both the Site Plan Approval and Stormwater Management Permit decisions. Roll Call Vote Yes G. McLeod, A. Reid, T. Willsmer No Abstain M. Allison, M. Brenner Site Plan Approved 3-0-2 Stormwater Management Permit Granted 3-0-2 BOARD DISCUSSIONS Water Supply Protection District M. Brenner invited comment from the public and the Water District. John Fortune (50 Hemlock Dr) presented a memo outlining the following requests for 250-4.9 Section F (permitted uses within Zone 1): (2)(b): Add “swimming” (2)(g): Remove “construction, installation”, and replace “associated infrastructure” with “associated current infrastructure”. (Activities conducted by the Lunenburg Water District necessary and incidental to the well) (2)(h): Remove section entirely, OR add “on-land” to “Removing on-land non-native, nuisance, or invasive species...” M. Brenner clarified that we inherit the definition of Zone 1 from the State, and confirmed with R. Harris that Zone 1 is by definition only on land, e.g. boating in a lake would not be prevented by its absence from Zone 1’s allowed uses. Joan Pease (11 Wintergreen Ct) opined that either swimming and boating should be allowed, or neither should be included. Mark Bursch (20 Buttonwood Place) of the Water District agreed that boating should be left in and noted that swimming is considered a “passive outdoor recreation” which is already allowed. Fran McNamara of the Water District disagreed with Mr. Fortune’s proposed changes to (2)(g) due to the financial burdens associated with the additional piping it would require. J. Fortune countered that excessive additional piping wouldn’t be required as the distance in Zone 1 was only 400 ft from the well. He was concerned about treatment plants storing extracted hazards so close to the water table. ===PAGE 6=== 6 of 10 - Planning Board Minutes, 2024-08-26 (complete) F. McNamara explained that any hazards interpreted from the treatment plant itself being in Zone 1 would be negated by the treatment that water would be going through there and would always be cleaner after going through treatment. J. Fortune was still concerned about the storage of the concentrated hazards removed in the treatment process, which F. McNamara didn’t consider a hazard, noting it met MassDEP standards. He later explained that hazardous contaminates have dedicated retention areas, so if a tank did explode it would be caught & not impact the water supply. J. Pease opined that the Water District’s point about extra costs due to only owning the Zone 1 within Keatings was moot since the by-law can’t be written on an individual basis, and asked the board to consider all areas in its approach. M. Brenner clarified that by-law can’t explicitly address individual wells or treat them differently, but that consideration of all the wells individual needs is considered. Debbie Ritchie (98 Royal Front Dr) clarified that verbal references to “state law” should’ve said “state regulations” (the CMR), which R. Harris confirmed. M. Bursch noted that those regulations supersede Town bylaws, but J. Pease clarified that the regulations set a minimum level of restrictions which a local government can exceed in passing a more restrictive by-law. T. Willsmer asked who the financial impacts of the Water District construction primarily affected. M. Brenner explained it was the water takers, and overruns are addressed through rate hikes. M. Bursch later mentioned that the Town itself is also a substantial water taker through (i.e. the school, DPW, Fire Department, Town Hall) and opined that this extends the effect to taxpayers. M. Brenner invited further comment from the public. Andrew Starvaski (8 Wintergreen Ct) said he had previously emailed the Planning Board members about a negative reaction to a well-intentioned resident from the Water District at their meeting, and cited that in asking for the Special Permit requirement. J. Pease agreed and opined that the Water District could prevent the potential delays of a Special Permit by better incorporating public input earlier in their processes with engineers. Dave Rogers (82 Highland St) asked whether the previous speakers had shared their documentation with the Water District. He opined that there wasn’t enough transparency between the two groups, and that the water treatment needed to comply with the State’s upcoming PFAS limits would be costly no matter what. M. Brenner informally polled the room, confirming that requiring a Special Permit was the main conflict, and asked the Board for their input. Glenn McLeod noted that he had watched the meeting mentioned by A. Starvaski before receiving his email, and presently indicated support for requiring a Special Permit. He noted the uniqueness of requiring this for a governmental entity such as the Water District. M. Brenner asked how commonly other municipalities required a Special Permit for their own governments’ entities. R. Harris explained it wasn’t common but opined that since Zoning is primarily to address local objectives and concerns, one community’s setup might not translate well to another. G. McLeod agreed, opining that communities have recently been losing Zoning rights to the State. ===PAGE 7=== 7 of 10 - Planning Board Minutes, 2024-08-26 (complete) Bob Pease (11 Wintergreen Ct) asked the Board to poll its own positions on the Special Permit requirement. M. Brenner leaned towards Special Permit but wanted to push more polling later to keep the discussion open and flexible. Bill Hannigan of Hannigan Engineering attempted to clarify the upcoming steps, including what a finalized draft of the bylaw revision would contain. R. Harris explained that the document being referenced was a working draft containing two conflicting sets of recommendations (the Water District’s and the Hickory Hills group’s), one of which must be chosen before the document is submitted for the Town Warrant. T. Willsmer asked about the history of this proposed revision. M. Brenner later explained: 1. The Water District attempted to update the Zoning map to match MassDEP’s updated map, which was voted down due to local concerns of negative impacts 2. Then-Land Use Director Adam Burney drafted heavy modifications to the Water Supply Protection District’s Zoning bylaw 3. This draft was tabled to the next Special Town meeting in Spring. Between then and that meeting, Adam Burney left the Town and Interim Land Use Director Richard Harris took over editing. 4. The Board was unable to reach consensus by that Special Town meeting, so the draft was pulled. 5. The revisions being discussed tonight are the “re-do” of that draft. M. Allison explained that an associated zoning map change had been rejected twice, and this would be this proposal’s third rejection. He opined that the Board excessively delayed its finalization of the article since the voters at Town Meeting can propose amendments on the floor. M. Brenner replied he intentionally prolonged the drafting process for an uninterested third party (the Planning Board) to oversee the in-depth discussion between the two interest groups. M. Allison lamented the confusion and lack of collaboration with the Select Board, Land Use Director, and professionals, as well as the lack of timely access to updated draft information. The Board agreed to choose the set of revisions for the proposal and discussed. M. Allison questioned the pertinence of the Planning Board’s input given the Water District being regulated by MassDEP and public health. M. Brenner opined that the Planning Board’s role in it was protecting hyper-local interests, and that the implementation would be less contentious than current discussions. M. Allison reiterated his expectation of Special Permits to significantly increase costs such as lag time. G. McLeod supported for a Special Permit, citing the tangible tension between the groups and his concern for the board’s ability to resolve a potential dispute between them without the leverage of a Special Permit. T. Willsmer supported a Special Permit, citing G. McLeod’s opinion on the protective role of government. A. Reid supported a Special Permit, noting the value of compromise and questioning the true impact of a Special Permit on a project of the Water District’s scale. ===PAGE 8=== 8 of 10 - Planning Board Minutes, 2024-08-26 (complete) T. Willsmer moved to include the amendments recommended on the July 8th Planning Board meeting, with the addition of swimming, and exclude the Water District’s proposed amendments regarding water treatment plants. M. Allison seconded. Roll Call Vote: Yes G. McLeod, M. Allison, T. Willsmer. A. Reid, M. Brenner No Abstain Accessory Dwelling Units Certain State changes to the Affordable Homes Act regarding ADUs go into effect on 2025-02- 02. The Board examined proposed revisions to the Code of Lunenburg (§ 250, subsections 2.1, 3.4, 4.1(H), 4.1(G) and 5.2) that comply with these changes. M. Brenner noted that Lunenburg’s by-law for ADUs is already permissive compared to other municipalities, allowing them by right in most cases, so the necessary changes for compliance weren’t extensive. R. Harris emphasized the importance of including this at the upcoming Town Meeting to avoid a gap period where an ADU applicant would effectively only need a Building Permit. He noted a spike of inquiries to the Building Commissioner after the State’s announcement. M. Allison asked R. Harris if there were any changes not necessitated by the updated State law. He replied that after discussion with the Building Commissioner about vagueness and applicability, he opted to remove section `k` and `h`(2). G. McLeod opined that although extensive changes weren’t needed, this was another example of the State taking zoning controls from communities. He foudn it important to communicate this to voters in any article (i.e. a blurb of “where did this come from, and why?”). T. Willsmer moved to have L. O’Connell submit the draft language (as presented) to the Town Manager’s office for the Article of Warrant, and to schedule the corresponding Public Hearing on 2024-09-23. M. Allison seconded. Roll Call Vote: Yes G. McLeod, M. Allison, T. Willsmer. A. Reid, M. Brenner No Abstain ABUTTING COMMUNITY NOTICES ===PAGE 9=== 9 of 10 - Planning Board Minutes, 2024-08-26 (complete) Postponed. ONGOING ITEMS MBTA Zoning G. McLeod suggested getting approval of a draft article the Executive Office of Housing and Livable Communities (EOHLC) prior to Town Meeting, citing examples of Towns which had passed bylaws which were approved by the Attorney General and subsequently disapproved by the EOHLC. CHAIR / DIRECTOR’S REPORT Postponed. COMMITTEE REPORTS Postponed. MINUTES APPROVAL Postponed. MEETING SCHEDULE All meetings are 6:00 P.M. at Town Hall on the 2nd and 4th Monday of each month, unless otherwise noted. Upcoming meetings: 2024-09-09, 2024-09-23 PUBLIC COMMENT L. O’Connell mentioned seeing recurring difficulties with the Town’s file-management practices (such confusion around document versioning and use of disparate platforms), and cited the Select Board’s 2024- 08-20 meeting. He opined that such practices (e.g. sending e-mail attachments & creating duplicate individualized copies) utilized what the best available technology was for many years, but that current technology is capable of a more centralized and trackable working experience for employees and Board members. He expressed interest in helping with its broader implementation. BOARD COMMENT / CONCERNS M. Brenner commended T. Willsmer and A. Reid for their recent performances as Chair in his absence. He also thanked R. Harris for his services as Interim Land Use Director, saying he’d done a bigger service through his temporary contract than most people would ever receive. He also recently attended an interview for a full-time Land Use Director as an observer, and was hopeful for the near future. ADJOURNMENT ===PAGE 10=== 10 of 10 - Planning Board Minutes, 2024-08-26 (complete) T. Willsmer moved to adjourn the meeting. M. Allison seconded. Roll Call Vote: Yes G. McLeod, M. Allison, T. Willsmer. A. Reid, M. Brenner No Abstain Meeting adjourned 10:27 P.M. Documents Referenced: • 2024-08-21_ Draft Revised Water Supply Protection District, WD and 2024-07-08 edits incl. • 2024-08-26_ John Fortune 50 Hemlocke Dr Memo (Emailed to Board Members) • 240 Summer St SW Decision – Draft • 240 Summer St Site Plan Approval Decision – Draft • Accessory Dwelling Units - Annotated Version of Affected Bylaw Provisions but not Use Table Accessory Dwelling Units - Annotated Version of Use Table Residential Uses • Accessory Dwelling Units - Proposed Draft Amendment 2024-08-20 Advisory, Affordable Homes Act ======================================================================================== DOCUMENT : 2024-09-09-agenda-6753.txt BOARD : planning-board DATE : 2024-09-09 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2024-09-09-agenda-6753.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_09092024-6753 ======================================================================================== ===PAGE 1=== TOWN OF LUNENBURG Office of the Planning Board Matthew Brenner, Chair Timothy Willsmer, Vice Chair Amanda Reid, Clerk Matthew Allison, Member Glenn McLeod, Member Tel: (978) 582-4146, ext. 5 Fax: (978) 582-4353_____ 960 Massachusetts Avenue Lunenburg, MA 01462___ Christopher Riley – Land Use Director Logan O’Connell – Administrative Asst. AGENDA / NOTICE OF MEETING 2024-09-09 - 6:00 P.M | 17 Main St, Lunenburg MA This meeting is being recorded and broadcast live by Lunenburg Public Access via Channel 8 and their FacebookLive (https://www.facebook.com/Lunenburg Public-Access-Cable -157427270975305/ ), and will be available on their YouTube channel within 24 hours. The agenda lists topics reasonably anticipated by the Chair. Votes may be taken from these discussions. Not all items may be discussed, and other items may be raised to the extent permitted by Open Meeting Law. REMOTE PARTICIPATION: Join via computer at https://us02web.zoom.us/j/81092673745?pwd=bG2IewayYjipyeXyrdsh4SP34S5KWQ.1 or by phone at (888) 475 -4499, entering Webinar ID 810 9267 3745 . To request to speak, phone users may dial *9 and computer/app users may use the “raise hand” feature. Note: No participant ID is needed, just press # when asked. This meeting/hearing will be held virtually and in -person at the above - noted location, but technical issues will not halt the meeting unless required by law. Members of the public are welcome to attend; any with particular interest in any specific item on this agenda should plan for in -person vs. virtual attendance accordingly. 1. CALL TO ORDER / PLEDGE 2. PUBLIC COMMENT 3. DECISIONS a. 3 Lancaster Ave – Special Permit for Sign 4. BOARD DISCUSSIONS a. Articles of Warrant – ADU Language Clarification (§250-4.1G, Use Table) b. 260 Falulah Rd – 2 Yr. Extension of Site Plan Approval, Stormwater Permit 5. NEW BUSINESS a. New Land Use Director (Christopher Riley) 6. ONGOING ITEMS a. MBTA Zoning b. Water Supply Protection District 7. CHAIR / DIRECTOR’S REPORT 8. ABUTTING COMMUNITY NOTICES 9. COMMITTEE REPORTS a. Master Plan Steering Committee b. Open Space Committee c. Municipal Bldg. Design Committee d. Agricultural Commission e. Capital Planning Committee f. Economic Development Committee g. Storm Water Task Force h. Town Manager Screening Committee i. Montachusett Regional Planning Commission j. Montachusett Joint Transportation Committee 10. MINUTES APPROVAL a. 2024 -07-22 Public Hearing (240 Summer St) b. 2024 -08-12 Meeting c. 2024 -08-26 Meeting 11. MEETING SCHEDULE (6:00 P.M. at Town Hall or stated otherwise) 09-23, 10-28. (No 10-14, holiday). 12. MISCELLANEOUS a. Sign Mylars for 932 Flat Hill Rd ANR 13. PUBLIC COMMENT 14. BOARD COMMENT / CONCERNS 15. ADJOURNMENT ======================================================================================== DOCUMENT : 2024-09-09-minutes-6753.txt BOARD : planning-board DATE : 2024-09-09 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2024-09-09-minutes-6753.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_09092024-6753 ======================================================================================== ===PAGE 1=== TOWN OF LUNENBURG Office of the Planning Board Matthew Brenner, Chair Timothy Willsmer, Vice Chair Amanda Reid, Clerk Matthew Allison, Member Glenn McLeod, Member Tel: (978) 582-4146, opt. 5 Fax: (978) 582-4353 960 Massachusetts Ave Lunenburg, MA 01462 Christopher Reilly– Land Use Director Logan O’Connell – Administrative Asst MINUTES 2024-09-09 MEETING POSTED: Yes ADDRESS: Town Hall, 17 Main St TIME: 6:00 P.M. PRESENT: Matthew Brenner (Chair), Amanda Reid (Clerk), Matthew Allison, Glenn McLeod ABSENT: Timothy Willsmer (Vice-Chair) CALL TO ORDER / PLEDGE The meeting was called to order at 6:01 P.M. Matthew Allison led the Pledge of Allegiance. M. Brenner introduced Bernie Cahill from the MRPC, who was present to provide staffing assistance before the full-time Land Use Director’s ratifica tion. PUBLIC COMMENT Economic Development Committee Cathy Clark (Chair of the Economic Development Committee) - new business being stifled by the length of time associated with the current permitting processes, noted issues with Parking Space requirements and associated permitting. Recommended examining the Town Code to determine which specific parts were most common roadblocks. Ana Lockwood - example of a new business being required to submit extensive plans and permits, despite using an existing facility with no change in floor plans . Mentioned delays from boards wanting approved decisions from other boards prior to their own decisions. Jeanne Dupre – this is a common issue with existing space that was approved for a similar purpose in the past. Questioned the duplication of effort. DECISIONS 3 Lancaster Ave – Special Permit for Sign The board reviewed the decisioni and found no issues, opting to endorse at the end of the meeting. NEW BUSINESS ===PAGE 2=== 2 of 5 - Planning Board Minutes, 2024-09-09 New Land Use Director (Christopher Reilly) M. Brenner - the appointment of a new Land Use Director requires ratification by the Select Board (done previously) and the Planning Board (happening tonight). M. Allison compared Mr. Reilly’s experience with the previous Land Use Director’s. A. Reid moved to ratify the appointment of Christopher Reilly as Land Use Director, as -presented by the Town Manager. M. Allison seconded. Voice vote, passed unanimously. BOARD DISCUSSIONS Articles of Warrant – ADU Language Clarification (250 -4.1G, Use Table) ii Bernie Cahill recommended replacing any reference to Accessory Dwelling Units “by Special Permit” to “Accessory Dwelling Unit, Non-conforming" for clarity. This includes: • The “Residential Uses” column of Use Table 250 -4.1G, row 4.1H(2) • Sections D and E of the Article itself. M. Brenner confirmed with L. O’Connell - this change wouldn’t require a formal amendment or modification to the Town Warrant language since the deadline for submission was 2024-09-16. Glenn McLeod - concerned about the state’s removal of the requirement for one of the units to be occupant-owned, as well as the general impact of the state’s recent legislation on younger people’s ability to own property. M. Allison - Town bylaw previously required owner occupancy of the primary unit. Noted that the Planning Board had no authority to dictate a piece of property’s ownership model after the project was approved, citing the Board’s past approval of Whalom Luxury Apartments with the understanding that they would be rent-to-own, which didn’t end up happening. M. Allison moved to submit the Warrant Article as -presented to the Select Board for inclusion in the Town Warrant. A. Reid seconded. Voice vote, passed unanimously. 260 Falulah Rd – 2 Year Extension (Site Plan Approval, Stormwater Management Permit) Application was initially approved with a 2-year timeframe to begin construction (a 1-year extension of normal limit. Applicants requesting a 2-year extensioniii due to delays from ongoing geotechnical research. B. Cahill - Board only has the ability to grant 1-year extensions per its rules and regulations. M. Allison - a substantive portion of the project was located outside of Lunenburg. The Board briefly discussed reaching out to Fitchburg to get more context on the project but opted to grant a 1-year extension instead. M. Allison moved to grant a 1 -year extension to the Site Plan Approval and Stormwater Management Permit of the 260 Falulah Rd project. A. Reid seconded. Voice vote, passed unanimously. ===PAGE 3=== 3 of 5 - Planning Board Minutes, 2024-09-09 ONGOING ITEMS MBTA Communities Act M. Brenner briefly discussed timeframes and upcoming dates related to the act. B. Cahill recommended the board wait until Chris Reilly (full -time Land Use Director) began work. G. McLeod - the public should learn about the various sides and responses from other Towns, Board should submit any language to the EOHLC for review before it goes to a vote at Town Meeting to avoid a by-law being approved Attorney General but still considered out-of-compliance by the EOHLC. M. Allison reminded the Board of the district options outlined in the MRPC presentationiv at the 2024-07- 08 Planning Board Meeting. G. McLeod reiterated that the act’s zoning requirements were based on the number of family units, meaning more than one bedroom and no limits on the number of occupants. Water Supply Protection District The Board did not have any new developments to discuss. CHAIR / DIRECTOR’S REPORT No new developments from the Chair, Land Use Director’s first day still pending. ABUTTING COMMUNITY NOTICES No concerns from the Board. COMMITTEE REPORTS Master Plan Steering Committee M. Brenner - meeting with contractors on 2024-09-10. Committee will be soliciting input at the Town Meet and Greet. Open Space Committee G. McLeod - no meeting & will meet on 2024-09-14 Municipal Building Design Committee M. Allison - only able to attend 30 minutes of meeting due to conflict with Planning Board meeting. Meeting was first in over a year for group, noted a new impetus to form and agree upon an RFP put forward by the Chair in conjunction with the Town Manager and Assistant Town Manager. Noted the approval of $225,000 in ARPA funds for the group despite not having met, opined that the Town’s spending on studies in the last 12 years (approximately $1,000,000) was wasteful. Agricultural Commission The Board didn’t have a representative on the Agricultural Commission (AgCom) at the time. M. Brenner asked M. Allison about the history and purpose of the Board’s representation on it AgCom. A meeting of approximately 30 people in the Ritter Building led to AgCom’s creation. M. Allison opined the ===PAGE 4=== 4 of 5 - Planning Board Minutes, 2024-09-09 Town’s primary interests were financial, not the farming community or its needs. Recommended not having a new Planning Board liaison since the Select Board will provide one. M. Brenner will reach out to confirm whether AgCom is expecting a liaison. Capital Planning Committee M. Brenner - briefly held up by Town Manager transition and is waiting on some external factors before more extensive planning. Economic Development Committee G. McLeod - deferring to their public comments tonight. Stormwater Task Force T. Willsmer not present to report. Town Manager Screening Committee M. Brenner - group chose to use a firm to aid search process. Noted benefits of a 3rd-party / non-hiring communicator’s involvement for aligning expectations between Town and candidate. The chosen firm’s bid was most competitive. M. Allison asked how many groups responded, M. Brenner did not know off-hand. Montachusett Regional Planning Commission A. Reid - unable to attend previous meeting. Montachusett Joint Transportation Committee A. Reid - no meeting on Wednesday. MINUTES APPROVAL Minutes for approvalv include: • 2024-07-22 Public Hearing (240 Summer St) • 2024-08-12 Meeting • 2024-08-26 Meeting M. Brenner clarified for A. Reid that members absent from a meeting can vote on approval of its minutes , and briefly discussed minute-taking best practice with B. Cahill. A. Reid asked about the status of 255 Sunny Hill Rd’s Stormwater Management Permit decision (deferred from the 08-26 meeting to tonight’s). L. O’Connell explained: Interim Land Use Director Richard Harris drafted the language, it went to Interim Town Manager Carter Terenzini’s office for review with Town Counsel and is pending their input. M. Allison asked why only some public comments had addresses associated with them. L. O’Connell explained that he included the address (if provided) in a speaker’s first comment and omitted it in subsequent comments for space. B. Cahill suggested the Board use a sign -in sheet for the public to avoid this issue. ===PAGE 5=== 5 of 5 - Planning Board Minutes, 2024-09-09 M. Allison moved to approve the minutes for the 2024 -07-22 Public Hearing (240 Summer St), 2024-08-12 Meeting, and 2024 -08-26 Meeting. A. Reid seconded. Voice vote, passed unanimously. MEETING SCHEDULE Upcoming meetings are 09-23 and 10-28 at 6:00 P.M. No meeting on 2024-10-14 due to holiday. PUBLIC COMMENT None at this time. BOARD COMMENT None at this time. ADJOURNMENT A. Reid moved to adjourn. M. Allison seconded. Voice vote, passed unanimously. Meeting adjourned 7:34 P.M. Minutes by Logan O’Connell, Admin Asst . DOCUMENTS REFERENCED i 2024 -09-09_ 3 Lancaster Ave_ Decision Special Permit Approval Signed ii BM_ Accessory Dwelling Units – Affected Bylaw Provisions BM_ Accessory Dwelling Units – Use Table 4.1G, Residentual Uses iii BM_ 2024 -09-04_ 260 Falulah Rd_ Extension Request Package iv MBTA Zoning Presentation v 2024 -07-22_ 240 Summer St_ Public Hearing Minutes 2024 -08-12_ Planning Board_ Minutes 2024 -08-26_ Planning Board_ Minutes ======================================================================================== DOCUMENT : 2024-09-23-agenda-6781.txt BOARD : planning-board DATE : 2024-09-23 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2024-09-23-agenda-6781.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_09232024-6781 ======================================================================================== ===PAGE 1=== TOWN OF LUNENBURG Office of the Planning Board Matthew Brenner, Chair Timothy Willsmer, Vice Chair Amanda Reid, Clerk Matthew Allison, Member Glenn McLeod, Member Tel: (978) 582-4146, opt. 5 Fax: (978) 582-4353 960 Massachusetts Ave Lunenburg, MA 01462 Christopher Reilly– Land Use Director Logan O’Connell – Administrative Asst AGENDA 2024-09-23 – 6:00 P.M. | 17 Main St, Lunenburg MA This meeting is being recorded and broadcast live by Lunenburg Public Access via Channel 8 and their FacebookLive (https://www.facebook.com/Lunenburg Public-Access -Cable-157427270975305/ ), and will be available on their YouTube channel within 24 hours. The agenda lists topics reasonably anticipated by the Chair. Votes may be taken from these discussions. Not all items may be discussed, and other items may be raised to the extent permitted by Open Meeting Law. REMOTE PARTICIPATION: Join via computer at https://us02web.zoom.us/j/88251881562 , or by phone at (888) 475 -4499 , entering Webinar ID 882 5188 1562 . To request to speak, phone users may dial *9 and computer/app users may use the “raise hand” feature. Note: No participant ID is needed, just press # when asked. This meeting/hearing will be held virtually and in -person at the above-noted location, but technical issues will not halt the meeting unless required by law. Members of the public are welcome to attend; any with particular interest in any specific item on this agenda should plan for in -person vs. virtual attendance accordingly. 1. CALL TO ORDER / PLEDGE 2. PUBLIC COMMENT 3. CHAIR / DIRECTOR’S REPORT 4. PUBLIC HEARINGS a. WARRANT ARTICLE Water Supply Protection District Revisions (§250-4.9) b. WARRANT ARTICLE Accessory Dwelling Units Revisions (§250- 2.1, 3.4, 4.1G, 4.1H, 5.2E) c. SITE PLAN APPROVAL 1335 Mass Ave, Change of Use 5. BOARD DISCUSSIONS 6. ABUTTING COMMUNITY NOTICES 7. COMMITTEE REPORTS a. Master Plan Steering Committee b. Open Space Committee c. Municipal Bldg. Design Committee d. Agricultural Commission e. Capital Planning Committee f. Economic Development Committee g. Storm Water Task Force h. Town Manager Screening Committee i. Montachusett Regional Planning Commission j. Montachusett Joint Transportation Committee 8. MINUTES APPROVAL a. 2024-08-26 Meeting (Incl. Public Hearings) 9. MEETING SCHEDULE (6:00 P.M. at Town Hall or stated otherwise) 10-28, 11-25 (*Oct. & Nov Holidays Skipped) 10. PUBLIC COMMENT 11. BOARD COMMENT / CONCERNS 12. ADJOURNMENT ======================================================================================== DOCUMENT : 2024-09-23-minutes-6781.txt BOARD : planning-board DATE : 2024-09-23 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2024-09-23-minutes-6781.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_09232024-6781 ======================================================================================== ===PAGE 1=== TOWN OF LUNENBURG Office of the Planning Board Matthew Brenner, Chair Timothy Willsmer, Vice Chair Amanda Reid, Clerk Matthew Allison, Member Glenn McLeod, Member Tel: (978) 582-4146, opt. 5 Fax: (978) 582-4353 960 Massachusetts Ave Lunenburg, MA 01462 Christopher Reilly – Land Use Director Logan O’Connell – Administrative Asst MINUTES 2024-09-23 MEETING POSTED: Status ADDRESS: Town Hall, 17 Main St TIME: 6:00 P.M. PRESENT: Matthew Brenner (Chair), Timothy Willsmer (Vice Chair), Amanda Reid (Clerk), Matthew Allison, Glenn McLeod ABSENT: None CALL TO ORDER / PLEDGE Matthew Brenner called the meeting to order at 6:00 P.M. The pledge of allegiance was led by Matthew Allison. PUBLIC COMMENT Donna Fortune - the downstairs front door was locked. L. O’Connell unlocked it. After the Chair / Director’s report John Brush (100 Royal Fern Dr) asked about the status of the Master Plan surveys, which he’d filled out. T. Willsmer - the Master Plan Steering Committee (MPSC) has had difficulty meeting, but one final survey is coming out later in the month. C. Reilly recently spoke with the consultant working with MPSC and the group is becoming more active. M. Brenner apologized that the group didn’t communicate the expected summertime dip in activity and pointed to planlunenburg.org for further updates. CHAIR / DIRECTOR’S REPORT M. Brenner introduced Land Use Director Christopher Reilly. C. Reilly thanked his colleagues; excited to work with the Board. He explained the Director’s Report would be a re curring broad overview of Land Use “landscape” in Town. PUBLIC HEARINGS WARRANT ARTICLE - Water Supply Protection District Revisions (§250 -4.9) ===PAGE 2=== 2 of 6 - Planning Board Minutes, 2024-09-23 Q&A with Public M. Brenner explained – although there were numerous previous meetings addressing the topic, the Public Hearing is a legally necessary step for getting a Warrant Article onto Town Meeting. A. Reid read the Public Hearing Noticei. M. Brenner thanked the Board for its willingness to cover the topic extensively in prior meetings. John Fortune (50 Hemlock Dr) read his email to the Board ii - sought external confirmation that Wellhead Zone 1 ends at the water’s edge and asked for an updated Zone map reflecting that ending point. M. Brenner explained - the map update is not locally created; it comes directly from MassDEP using their data. Noted that Richard Harris (previous Interim Land Use Director) got clarification from MassDEP that Zone 1 ends at the water’s edge, despite what the map shows. L. O’Connell noted the proposed Warrant Article specifically cites a “Lunenburg Water District Aquifer Protection Zones” iii map dated July 2021 for the bylaw’s references to Zone 1-3. The Board didn’t have the external documents to confirm this which Mr. Fortune sought. Barbara Turpington (110 Royal Fern Dr) asked for a notation in the article stating “Zone 1 ends at the water’s edge”. M. Brenner explained – in local bylaw, Board prefers referencing state regulations instead of copying their text to avoid conflicting with any later changes to state regulations. This practice precludes adding additional content to a definition. T. Willsmer opined the notation would be confusing since the article already include d the requested “allowed activities” in Zone 1. Dave Rogers (82 Highland St) asked for a brief history up to tonight. Per M. Brenner - 1. Several years ag o Water District puts forward 2021 map update from MassDEP, voted down by Town concerned about what it means. • Adam Burney (previous full-time Land Use Director) drafts bylaw designed to incorporate the new map, update our 30-year old water supply protection bylaw, and give some land -use rights back to landowners through less restrictive requirements that incorporate modern technologies. 2. Draft goes through several iterations; Planning Board holds multiple meetings before acting on article to have it satisfy as many needs and groups as possible. D. Rogers asked who the primary author of the new changes was if not Hickory Hills association. M. Brenner explained it was various Land Use Directors over time, working with input from public, MassDEP, and other communities. He reiterated that most content wasn’t as controversial as the “Special Permit vs. Site Plan Approval for Water District construction in Zone 1” debate. D. Rogers opined that requiring Special Permit creates future possibilities of grossly impeding Water District activities. Matthew Woodward (64 Arbor St), Water District Commissioner hoped the bylaw vote would be based on its content (not expectations of passage), and noted the community’s upcoming water needs. Andy Starvaski (8 Wintergreen Ct) reiterated the desire for Special Permit requirement. Board Discussion M. Brenner validated public’s desire for Planning Board being a middleman (citing their treatment at select Water District meetings) but believed a Special Permit requirement wouldn’t be technically impactful due to prior steps in the Water District’s construction processes resolving most issues (e.g. publicly involved budget votes). ===PAGE 3=== 3 of 6 - Planning Board Minutes, 2024-09-23 Noted that opponents of Special Permit requirement could still put a floor motion forward at Town Meeting to amend that language, although it would require a 2/3 vote from the voters to pass. T. Willsmer moved to close the Public Hearing. A. Reid seconded. Voice vote, passed unanimously. Public hearing closed 7:05 P.M. M. Allison moved to favorably recommend the Water Supply Protection District revisions for inclusion on the Town Warrant . T. Willsmer seconded. Voice vote, passed unanimously. WARRANT ARTICL E - Accessory Dwelling Units Revisions (§250 -2.1, 3.4, 4.1G, 4.1H, 5.2E) (After 1335 Mass Ave Change of Use). A. Reid read the Public Hearing Notice iv at 8:12 P.M. M. Brenner explained background – the State made upcoming changes to Accessory Dwelling Unit (ADU) law; Lunenburg is already largely compliant but has some changes to make for compliance. Richard Harris (previous Interim Land Use Director) and Brian Gingras (building commissioner) collaborated on a revisionv. G. McLeod disagreed with the State’s removal of owner-occupancy requirements for ADUs, which Lunenburg currently has. A. Reid moved to close the Public Hearing. T. Willsmer seconded. Voice vote, passed unanimously. Public Hearing closed 8:18 P.M. The Board briefly discussed the scope of public input given the mandatory nature of State changes – the bylaw contains changes not strictly required by the State, which the public could influence. SITE PLAN APPROVAL - 1335 Mass Ave, Change of Use A. Reid read the Public Hearing Notice vi at 7:12 P.M. Chris Anderson of Hannigan Engineering repre sented applicant Dale Erskine. Explained backgroundvii - building presently vacant, previously used as a puppet theater and has established 18-space parking lot off Mass Ave. Expects minimal traffic impact from any use change due to small size of site. No new construction involved in application; requested following waivers from Planning Board Rules and Regulationsviii : • Section 3.7 - Review by Consultants (Peer Review) • Section 4.1.f(2) - Datum shall be the Massachusetts State Plane, North American Datum 1983, with units in U.S. Survey Feet • Section 4.1.f(9) - Showing all buildings within 200 ft of property lines (survey-located). • Section 4.1.f(10) - Showing driveway openings within 300 ft of property lines • Section 4.1.f(16) - Showing existing significant trees & vegetation. • Section 4.1.f(20) - Data for determining necessity of traffic impact analysis • Section 4.1.f(22) - Photometric map of site • Section 4.1.f(23) - Architectural elevations with proposed facade material, perspective views... • Section 4.1.f(25) - Construction Details • Section 4.1.h - Impact Report M. Brenner sought feedback on the waiver requests. C. Reilly found them reasonable, no obvious detrimental impact from the property’s prior higher-traffic use (puppet theater). ===PAGE 4=== 4 of 6 - Planning Board Minutes, 2024-09-23 Dan Proctor (1529 Mass Ave) owns an abutting property; asked if plantings between the mature trees were expected. C. Reilly replied – introducing new plantings may impact the health and vitality of existing buffers, recommended reserved approach. D. Proctor agreed but claimed his development was held to a different standard, which is a problem with the turnover of the Land Use Director position. C. Anderson explained the applicant’s request for a Change of Use to retail and other uses allowed by right in the district, to avoid going through another Site Plan Approval process with the Planning Board if the current business changed. The Board discussed and was uncomfortable with the potential use changes (i.e. from retail to restaurant), but M. Brenner noted this as an opportunity for improving bylaw regarding similar uses. M. Allison noted the waiver requests made under a retail use could be considered inappropriate under some other by-right uses. Dale Erskine (1331 Mass Ave, Applicant) explained the request; reiterated excessive engineering costs of the currently required Site Plan Approval process for a Change of Use . M. Brenner sympathized but opined current bylaw wasn’t flexible enough for this; noted the desire of the Economic Development Committee to address such cost barriers in the current bylaw. C. Anderson modified the request to only retail. The Board discussed the waiver for Section 3.7 (Peer Review). M. Allison was opposed; concerned about the division of parking spaces between 1331 and 1335 Mass Ave since 1335’s lot only had 6 out of the 7 required spaces for retail use. M. Brenner said it was like pre-existing non-confirming conditions but understood M. Allison’s concerns. M. Allison worried about the possibility of infectious invalidity; mentioned a lot merger from the 70s that may not be properly reflected. M. Allison moved to approve all waivers requested except Section 3.7 . A. Reid seconded. Voice vote, passed unanimously . T. Willsmer moved to approve the waiver for Section 3.7. G. McLeod seconded . Voice vote, passed 4 -1 (M. Allison against). T. Willsmer moved to close the Public Hearing. A. Reid seconded. Voice vote, passed unanimously. Public hearing closed 8:10 P.M. T. Willsmer moved to approve the Change of Use for 1335 Mass Ave with the condition that a 7 th parking space must be added to 1335 Mass Ave if it or 1331 Mass Ave changed ownership, to comply with parking bylaw s. A. Reid seconded. Voice vote, passed unanimously. BOARD DISCUSSIONS None at this time. ABUTTING COMMUNITY NOTICES • Shirley ZBA Notice of Decision – Deck Variance, 10 Valley View Way ix • Shirley ZBA Notice of Decision – Self Storage Facility, 182 -188 Great Rdx • Shirley ZBA Public Hearing Notice – Accessory Buildings at 22 Myles Lane xi The Board had no comments on these notices. COMMITTEE REPORTS ===PAGE 5=== 5 of 6 - Planning Board Minutes, 2024-09-23 Master Plan Steering Committee T. Willsmer – Chair Joeci Gilchrest is stepping down as member, re -organization at next meeting on 2024- 10-03. Open Space Committee G. McLeod - only housekeeping items. Municipal Bldg. Design Committee M. Allison - held at 5:30; had to leave early for Planning Board meeting. Request For Proposal (RFP) for services still being refined; includes work on the Ritter Building for housing school administration offices and work on Town Hall for a public meeting space. Last couple meetings were short notice (trying to use ARPA money before expiration deadline); schedule is returning to 1st & 3rd Mondays soon. Capital Planning Committee M. Brenner - no meeting since last one, trying to standardize presentation formats for data. Economic Development Committee G. McLeod - Town Official Meet and Greet on 2024 -09-26. M. Brenner reiterated opportunity for business owners & Town officials to connect informally. Storm Water Task Force T. Willsmer – 1st meeting in awhile, working on presentation and advertising procedure for next Town Meeting. Town Manager Screening Committee M. Brenner - Consultants (Community Paradigm) met with Select Board and Department Heads; is known for creating good info packets for Town Manager applicants. Montachusett Regional Planning Commission A. Reid – no meeting since last, one upcoming next week. Montachusett Joint Transportation Committee A. Reid – this month’s meeting cancelled. MINUTES APPROVAL • 2024-08-26 Meeting (Incl. Public Hearings) L. O’Connell explained – the SOP from the previous Admin Asst included breaking minutes of a Public Hearing out into a separate document from the main meeting minutes. He and C. Reilly preferred keeping it in one document for ease-of-access. The Board briefly discussed and had no issues. M. Allison moved to approve the minutes for the 2024 -08-26 Planning Board meeting and all included Public Hearings as amended. A. Reid seconded. Voice vote, passed unanimously. MEETING SCHEDULE Upcoming meetings are 10-28 and 11-25 at 6:00 P.M. No meetings on 10-14 or 11-11 due to holidays. ===PAGE 6=== 6 of 6 - Planning Board Minutes, 2024-09-23 PUBLIC COMMENT None at this time. BOARD COMMENT / CONCERNS The Board discussed the timeline for MBTA Communities zoning options. M. Brenner recommended having some public listening sessions before actual bylaw crafting. G. McLeod agreed and recommended providing additional information for the public beyond the Public Hearing Notices. ADJOURNMEN T T. Willsmer moved to adjourn. A. Reid seconded. Voice vote, passed unanimously. Adjourned 8:51 P.M. Minutes by Logan O’Connell, Admin Asst. DOCUMENTS REFERENCED i Legal Ad for Public Hearing – Warrant Article, Water Supply Protection District Revisions ii EMail from Public – John Fortune iii Lunenburg Aquifer Protection Districts, July 2021 iv Legal Ad for Public Hearing – Accessory Dwelling Units v Accessory Dwelling Units – Affected Bylaw Provisions (Redlined) vi Legal Ad for Public Hearing – 1335 Massachusetts Avenue Site Plan Approval vii Narrative and Submittal Package – 1335 Mass Ave Site Plan Approval Existing Conditions Plan – 1335 Mass Ave Site Plan Approval viii Planning Board Rules and Regulations for Site Plan Approval and Special Permit, March 8 th 2021 ix Shirley ZBA Notice of Decision – Deck Variance, 10 Valley View Way x Shirley ZBA Notice of Decision – Self Storage Facility, 182 -188 Great Rd xi Shirley ZBA Public Hearing Notice – Accessory Buildings at 22 Myles Lane ======================================================================================== DOCUMENT : 2024-10-28-agenda-6849.txt BOARD : planning-board DATE : 2024-10-28 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2024-10-28-agenda-6849.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_10282024-6849 ======================================================================================== ===PAGE 1=== TOWN OF LUNENBURG Office of the Planning Board Matthew Brenner, Chair Timothy Willsmer, Vice Chair Amanda Reid, Clerk Matthew Allison, Member Glenn McLeod, Member Tel: (978) 582-4146, opt. 5 Fax: (978) 582-4353 960 Massachusetts Ave Lunenburg, MA 01462 Christopher Reilly– Land Use Director Logan O’Connell – Administrative Asst AGENDA 2024-10-28 – 6:00 P.M.| 17 Main St, Lunenburg MA This meeting is being recorded and broadcast live by Lunenburg Public Access via Channel 8 and their FacebookLive (https://www.facebook.com/Lunenburg Public-Access -Cable-157427270975305/ ), and will be available on their YouTube channel within 24 hours. The agenda lists topics reasonably anticipated by the Chair. Votes may be taken from these discussions. Not all items may be discussed, and other items may be raised to the extent permitted by Open Meeting Law. REMOTE PARTICIPATION: Join via computer at https://us02web.zoom.us/j/88251881562 , or by phone at (888) 475 -4499 , entering Webinar ID 882 5188 1562 . To request to speak, phone users may dial *9 and computer/app users may use the “raise hand” feature. Note: No participant ID is needed, just press # when asked. This meeting/hearing will be held virtually and in -person at the above -noted location, but technical issues will not halt the meeting unless required by law. Members of the public are welcome to attend; any with particular interest in any specific item on this agenda should plan for in -person vs. virtual attendance accordingly. 1. CALL TO ORDER / PLEDGE 2. PUBLIC COMMENT 3. CHAIR / DIRECTOR’S REPORT a. Update on Master Plan b. Fees Review Status c. Update on MBTA Zoning review with MRPC d. 2025 Workplan e. Town Meeting Presentation 4. PUBLIC HEARINGS a. 494 Electric Ave – Site Plan Approval, Stormwater Management Permit b. 791 Leominster Rd – Stormwater Management Permit c. 795 Leominster Rd – Stormwater Management Permit d. 70 Kilburn St – Stormwater Management Permit e. 1260 Reservoir Rd – Site Plan Approval (PJ Keatings) 5. DECISIONS a. 255 Sunny Hill Rd – Stormwater Management Permit b. 1335 Mass Ave – Site Plan Approval (change of use) 6. CERTIFICATES OF COMPLETION a. 319 Highland St – Compliance with Stormwater Management Permit 7. BOARD DISCUSSIONS 8. ABUTTING COMMUNITY NOTICES 9. COMMITTEE REPORTS a. Master Plan Steering Committee b. Open Space Committee c. Municipal Bldg. Design Committee d. Agricultural Commission e. Capital Planning Committee f. Economic Development Committee g. Storm Water Task Force h. Montachusett Regional Planning Commission i. Montachusett Joint Transportation Committee j. Town Manager Screening Committee 10. MINUTES APPROVAL a. 2024-09-09 Meeting 11. MEETING SCHEDULE (6:00 P.M. at Town Hall or stated otherwise) 11-25, 12-09 (No 11-11, Holiday) 12. PUBLIC COMMENT 13. BOARD COMMENT 14. ADJOURNMENT