# planning-board — 5 documents, concatenated for reading and search # # This is a CONVENIENCE BUNDLE, not a source. Every document below is # published separately and byte-identically; cite the individual file, # whose path is given in each header, rather than this bundle. # Index of all boards: https://lunenburgbudgetproject.org/minutes/INDEX.txt # The town's own scanned original is linked per document. ======================================================================================== DOCUMENT : 2024-10-28-minutes-6849.txt BOARD : planning-board DATE : 2024-10-28 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2024-10-28-minutes-6849.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_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 MINUTES 2024-10-28 MEETING POSTED: Yes ADDRESS: Town Hall, 17 Main St TIME: 6:00 P.M. PRESENT: Matthew Brenner (Chair), Timothy Willsmer (Vice -Chair), Amanda Reid (Clerk) - REMOTE, 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. Amanda Reid attended remotely via Zoom. PUBLIC COMMENT None at this time. Many attendees waited to comment on their respective Public Hearings. CHAIR / DIRECTOR’S REPORT i Update on Master Plan Per M. Brenner – a new survey is available at PLANLUNENBURG.ORG. Master Planning process is in home stretch, surveys getting more specific on resident opinions about future of Town. Per Chris Reilly (Land Use Director) – next Master Plan meeting is 2024 -12-04 at 7:00 P.M. in the main hall of the Lunenburg Public Library , encouraged attendance and feedback. Master Plan is important to next 10 years in Lunenburg. Fees Review Status Per C. Reilly – Planning Office is working on clarifying existing fee schedule, will have draft fee schedule available for Board Review 11 -25 meeting. A final fee schedule will likely incorporate data from MRPC and will require a Public Hearing for approval. ===PAGE 2=== 2 of 10 - Planning Board Minutes, 2024-10-28 Update on MBTA Zoning Review with MRPC C. Reilly explained background of MBTA Communities Act: a statute broadly requiring adjustments to zoning to allow more housing by right. Planning Board needs to act by December 2025. There will be extensive public involvement in next 7-9 months including public information sessions and zoning workshops, aiming for resolution at Fall Town Meeting. 2025 Workplan C. Reilly will create a living document to track the Board’s priorities and guide his support over the next calendar year. Currently includes ongoing revisions of ADU Zoning bylaw amendment tentatively aimed for Annual Town Meeting. PUBLIC HEARINGS 494 Electric Ave – Site Plan Approval (SPA) , Stormwater Management Permit (SMP) A. Reid read the Public Hearing Notice at 6:13 P.M. Per Chris Anderson (Hannigan Engineering, representing applicant D&A Lunenburg LLC) - project is construction of commercial building & reconfiguration of existing parking lot associated with existing business (Il Forno). Portion of area subject to Wetlands Protection Act, going before Conservation Commission. Existing parking lot’s zoning compliance is pre -existing non-conforming (constructed before relevant bylaw was in effect). Looking to expand undeveloped portion of property across Pierce Ave & redevelop parking lot to meet zoning compliance. Requested waiver from Residential District zoning setback requirement (40 ft). Plan ii shows 20 ft off the zoning setback line. Proposing to construct a 6 ft solid wall fence along edge of parking lot & plant evergreen plantings between the fence and residential district line for additional buffer. Access to the new parking lot to be provided off of Pierce Ave in loop configuration with one means of egress onto Pierce Ave, sidewalk connection to 494 Electric Ave restaurant for pedestrian access. Commercial structure of approx. 6300 sqft planned for South side of property, to be serviced by separate driveway with loop configuration. Property planned for subdivision into two lots (through Approval Not Required plans) pending favorable action from the Board: one lot exclusively within Commercial zoning district & one within Residential zoning district. Second lot would be exclusively residential zoned, but applicant has no immediate intentions to develop it. The Board discussed the legal status of Pierce Ave as a public way. Attorney Jeff Avini (representing the applicant) explained – per their title examinationiii from Attorney Joe Pellegrini, Town records show a series of votes to take Pierce Ave, but this was never finalized by recording at the Registry of Deeds. Despite this, a certified street listing shows the Town’s acceptance of the street. Small portions of Pierce Ave were recorded as taken, but the pertinent section in front of the applicant’s property was not. If the road was not taken and the lots on both sides are owned by the same entity, their titles merge and they are considered one lot, fulfilling the Town bylaw’s parking requirements. C. Reilly asked J. Avini for the complete Title Search report from Atty. Pellegrini, for Town Counsel to review. ===PAGE 3=== 3 of 10 - Planning Board Minutes, 2024-10-28 M. Brenner asked for an outline of the allegedly incomplete process for the Town’s ownership of Pierce Ave. J. Avini explained – a Town generally attains a road or street through: (1) a Deed in Development (voluntary transfer from a developer through a deed), or (2) a Taking (using the power of eminent domain through a formal process including a Town vote and compensation to the property owner). Atty. Pellegrini’s search found no deeds conveying Pierce Ave to the Town of Lunenburg in its chain of title. C. Reilly hadn’t found legal authority for the Planning Board to waive the dimensional setback requirements & said it was usually a dimensional control from the ZBA. C. Anderson would review. M. Brenner invited Public Comment. Numerous residents were worried about this development worsening pre-existing issues with the site. Michael Lovewell (579 Reservoir Rd) owns 480 Electric Ave and 15 Kirby Ave, has had year-long issues with the applicant about noise and drainage concerns. Addition to 494 Electric Ave didn’t include gutters when proposed but they were added at some point during construction, and they pour directly into 15 Kirby Ave. George Oliver (33 Wallace Park) was concerned about light pollution from the parking lot, noted the neighborhood had widely used that lot despite it being officially undeveloped. C. Anderson explained - due to Derelict Fee Statute this was “one giant lot”, but the travel path along Pierce Ave would be maintained. Incorporating 88 parking spaces immediately in front of the building at 494 Electric Ave was part of making its parking Zoning Compliant. The surplus parking necessary for the business would be located “along the opposite side of Pierce Ave” and will use a new concrete sidewalk along its perimeter leading to a crosswalk at Pierce Ave to prevent meandering of pedestrians in the roadway system. There will be one means of egress (located closer to the intersection with Electric Ave) to get the majority of the commercial traffic component away from residential properties. For lighting concerns, he noted the submission included a Photometric Analysis & plans were night-sky compliant. Jeanine Cooper (43 The Clearing ) has lived in area since 1992, noted the roads only began flooding after the parking at 494 Electric Ave was developed. Was concerned about this worsening. C. Reilly noted that local concerns (i.e. noise, drainage) can be addressed via requirements imposed by the Planning B oard. C. Anderson explained that their development’s Stormwater impact couldn’t legally exceed that of the pre- existing conditions, although those conditions themselves had problems. Steven Coor (15 Kirby Ave) was concerned about snow-plowing Pierce Ave if it was found not to be a public way. C. Reilly explained – although Towns have no legal obligation to plow private ways, “responsible” Towns generally use their equipment to maintain it as though it were an accepted public way. S. Coor also had drainage concerns with the contractors used on the previous 494 Electric Ave addition and would send a video documenting them to the Land Use Director. Linda Hallisey (20 Pierce Ave) was concerned about the materials used for the wall across from the parking lot, re-emphasized the drainage impact concerns , said the lights from the parking lot are extremely bright, and noted that her water shutoff (coming from Leominster) is nearby and could be damaged if overlooked. C. Anderson acknowledged drainage concerns, would review lighting issues, confirmed wall material will be a solid vinyl fence, not a stockade. ===PAGE 4=== 4 of 10 - Planning Board Minutes, 2024-10-28 Michael Cooper (43 The Clearing St) commended Il Forno’s business & emphasized drainage as primary concern. Culverts fill up within the first hour or two, recommended fixing current issues before adding new drainage. Opined there’s no way to do new development without its drainage impacting current residents. Also concerned about traffic into Pierce Ave , doesn’t believe it can sustain new traffic impact with current congestion. Re-emphasized issues with existing parking lot lights. M. Allison noted the tent addition to 494 Electric Ave was permitted through a covid relief effort which required limiting capacity to its pre-existing state, opined that the applicant intended to return and ask for relief on previous permit’s capacity restraint once additional parking was acquired. C. Anderson explained – the parking lot’s pre-existing non-conforming condition was its geometry. The parking lot was difficult to use on a busy night. The total requirement for this location from bylaw calculations is 60 spaces, and proposed plans show 119 “to accommodate the influx from larger events”. T. Willsmer responded to numerous drainage concerns by noting the Town’s intention to propose a dedicated Stormwater Utility in the coming year for such issues. Kathy Oliver (33 Wallace Park) re-emphasized traffic concerns. Terri Green (28 The Clearing) noted many patrons of Il Forno cut across Pierce Ave to go onto Route 13, opined it’s “an accident waiting to happen”. Wanted access to Pierce Ave for current parking lot shut off. Agreed with the previous concerns about drainage. M. Lovewell asked whether the site was within the Whalom Overlay district. C. Anderson confirmed that it was, noted they weren’t using any of its components in the application, and explained that the planned changes 494 Electric Ave’s parking would restrict the access points to defined locations, which currently don’t exist. Dave Simonich (39 Wallace Park) asked where the catch basins were on the plans and where the flow of water from the larger parking lot was being graded. C. Anderson explained – all impervious areas associated with the parking lot areas being developed are being captured. The Stormwater within the development is being captured by several deep sump catch-basins that direct into a detention basin, discharging to an existing swale that directs itself towards the wetland at the bottom portion of the site. Reiterated that this would be included in the Town’s peer review process. The Board discussed Peer Review. C. Reilly suggested a motion and vote to authorize peer review by Graves Engineering Inc for $5,000. M. Allison noted the Board generally hadn’t taken explicit motions and votes for this previously. T. Willsmer moved to authorize Graves Engineering Inc. as the peer reviewer for this application in the amount of $5,000. M. Allison seconded. Roll call vote: G. McLeod – Aye; M. Allison – Aye; T. Willsmer – Aye; A. Reid – Aye; M. Brenner – Aye Passed 5-0-0. T. Willsmer moved to continue the public hearing to 2024 -11-25 at 6:05 P.M. M. Allison seconded. Roll call vote: G. McLeod – Aye; M. Allison – Aye; T. Willsmer – Aye; A. Reid – Aye; M. Brenner – Aye Passed 5-0-0. ===PAGE 5=== 5 of 10 - Planning Board Minutes, 2024-10-28 791 Leominster Rd – SMP (“Lot 2”) A. Reid read the public hearing notice at 7:44 P.M. Ryan Proctor of Dillis & Roy presented. These lots (791 / 795 Leominster Rd and 70 Kilburn St) came from previous ANRiv splitting up “20 Kilburn St”. Lots 1 and 2 are off Leominster Rd, Lot 3 is off Kilburn St. Since lot 2 is to be conveyed to an owner of parent parcel & lots 1 and 3 will be conveyed or sold separately, 3 separate SMP applications were filed to avoid project completion being contingent on potentially separate contractors and owners. No individual lot meets 1-acre disturbance trigger for Stormwater Bylaw, but they collectively disturbed more than 1 acre. Proposed project is a single-family house accessed by short paved driveway, new drilled well and sewage disposal system. Septic - Upland portion of site didn’t have adequate space for septic system design. Proposal is to temporarily run force main through wetland, restore wetland, then locate sewage disposal system for Lot 2 on opposite side of wetland in another upland portion of the site. Permitted by Conservation Commission, voted to issue an order of conditions, permitted by Board of Health as well. Stormwater – Proposal captures & treats all storm water associated with roof area & paved driveway. Includes stone recharge trench along east side of driveway / around building foundation, and small grass swale that discharges into level spreader at limit of work. (Out of Order): M. Allison asked if this application’s peer review process had begun. C. Reilly explained it could be requested by the board, but it wasn’t mandatory for all projects. M. Allison explained that they’d required it for all applications since the Board & staff members lacked engineering expertise, opined that all applications before the Board should be peer reviewed. T. Willsmer asked if the Board could ask for peer review prior to the public hearing so it was ready -to-go, C. Reilly explained that statute required peer review to be assigned for an amount by a motion and vote, and he had never experienced peer review beginning prior to public hearings. G. McLeod asked what the cost of peer review for each application would be. M. Brenner noted the Board was generally unfamiliar with discussing these figures. Per C. Reilly, the standard cost of a review for an individual Stormwater Management System was around $3,000. He acknowledged the financial burden peer review can impose and reiterated that it was available at the Board’s discretion but wasn’t explicitly required. M. Allison opined that the Board isn’t able to protect existing abutters without the engineering expertise derived from peer review. T. Willsmer agreed. G. McLeod noted that the applicants’ engineers had expertise as well, was concerned about imposing unnecessary costs on applicants. M. Brenner opined that requiring peer review wasn’t a sign of lack of faith in the applicant’s engineers. C. Reilly noted that unspent peer review funds are later returned to the applicant. M. Allison moved to authorize peer review by Graves Engineering Inc for the Stormwater Management Permit at 791 Leominster Rd in the amount of $3,000. T. Willsmer seconded. Roll call vote: G. McLeod – Aye; M. Allison – Aye; T. Willsmer – Aye; A. Reid – Aye; M. Brenner – Aye; Passed 5-0-0. ===PAGE 6=== 6 of 10 - Planning Board Minutes, 2024-10-28 T. Willsmer moved to continue the public hearing for 791 Leominster Rd to 2024 -11-25 at 6:05 P.M. M. Allison seconded. Roll call vote: G. McLeod – Aye; M. Allison – Aye; T. Willsmer – Aye; A. Reid – Aye; M. Brenner – Aye; Passed 5-0-0. 795 Leominster Rd – SMP (“Lot 1”) A. Reid read the public hearing notice at 8:12 P.M. Ryan Proctor of Dillis & Roy presented. Proposed project is single-family home accessed by new paved driveway. Septic - Permitted through Conservation Commission and Board of Health. North portion of site includes wetlands in Conservation Commission jurisdiction. Stormwater – Proposal captures stormwater associated with roof area using roof drains discharging to stone swale on northeast side, routed into beehive grate & discharged towards wetlands into stormwater management area similar to previous design. Driveway will be super-elevated to route water towards northeast side / guide water towards stormwater management devices. Small portion near road unable to be captured due to topography but will be mitigated by temporary construction management e ntrance. M. Brenner sought public comment. Sue Rowe (710 Leominster Rd) noted Leominster Rd is low / surrounded by hills, & lot 2 is lowest spot among the hills. This area has issues with water pooling, freezing in the winter, & accidents. M. Allison moved to authorize peer review by Graves Engineering Inc for the Stormwater Management Permit at 795 Leominster Rd in the amount of $3,000. T. Willsmer seconded. Roll call vote: G. McLeod – Aye; M. Allison – Aye; T. Willsmer – Aye; A. Reid – Aye; M. Brenner – Aye; Passed 5-0-0. T. Willsmer moved to continue the public hearing for 795 Leominster Rd to 2024 -11-25 at 6:05 P.M. M. Allison seconded. Roll call vote: G. McLeod – Aye; M. Allison – Aye; T. Willsmer – Aye; A. Reid – Aye; M. Brenner – Aye; Passed 5-0-0. 70 Kilburn St – SMP (“Lot 3”) A. Reid read the public hearing notice at 8:22 P.M. Ryan Proctor of Dillis & Roy presented. Proposed project is single-family home accessed by paved driveway with new well and sewage disposal system. Septic – New sewage system to be located between the house and the road. Has been permitted with Conservation Commission (pending order of conditions) and with Board of Health. Stormwater – Similar to previous systems. Berm planned for east side of driveway to route stormwater into a grass swale at bottom of site between house and wetlands. ===PAGE 7=== 7 of 10 - Planning Board Minutes, 2024-10-28 M. Brenner sought public comment. Joan Hoyt (39 Kilburn St) lives across from site. Will submit pictures & videos of existing drainage issues. Road frequently floods, husband regularly cleans out nearby storm drain in attempts to reduce flooding. Combination of speeding & flooding at the corner is dangerous. Proposed driveway is across from her driveway, concerned by possibility of two driveways trying to enter the road on an icy flooded corner simultaneously. Noted the proposed lot is the only possible area to construct due to surrounding wetlands. Per R. Proctor the wetlands concerns are addressed by Conservation Commission permitting. Site slopes away from the road, development won’t introduce any new flow into the road, grading & placement of drainage features will prevent pooling by house. J. Hoyt said Conservation Commission deferred to Planning Board when asked about water issues related to roads (separate from wildlife concerns). M. Allison moved to authorize peer review by Graves Engineering Inc for the Stormwater Management Permit at 70 Kilburn St in the amount of $3,000 . T. Willsmer seconded. G. McLeod – Aye; M. Allison – Aye; T. Willsmer – Aye; A. Reid – Aye; M. Brenner – Aye; Passed 5-0-0. T. Willsmer moved to continue the public hearing for 70 Kilburn St to 2024 -11-25 at 6:05 P.M. M. Allison seconded. Roll call vote: G. McLeod – Aye; M. Allison – Aye; T. Willsmer – Aye; A. Reid – Aye; M. Brenner – Aye; Passed 5-0-0. 1260 Reservoir Rd – Site Plan Approval A. Reid read the public hearing notice at 8:38 P.M. Ryan Proctor of Dillis & Roy presented. Project was construction of a replacement quality control building within area currently used as parking. Entire frontage along Reservoir Rd is currently paved, not proposing any modifications to existing curb-cut. Septic – Building will tie into existing sewage disposal system located to the west of building (currently serving existing quality control building). Will install new septic tank, Board of Health approval currently being permitted. Stormwater – Large majority of storm water from site currently contained on the property. Runoff from proposal will be routed back into the facility & infiltrated on -site. 45-acre site’s net increase in impervious area is 2500 sqft. (Out of Order): Noted that the site doesn’t trigger Lunenburg’s stormwater permit requirements, but information is provided pertinent to State requirements. Water – Intend to construct new water service connection, will work with utility company to leverage service to existing quality control building or provide new service. Lighting – Only above manned door at the back for access purposes (no access on Reservoir Rd side of building). M. Brenner sought public comment, none present. T. Willsmer moved to close the public hearing for 1260 Reservoir Rd. M. Allison seconded. Roll call vote: ===PAGE 8=== 8 of 10 - Planning Board Minutes, 2024-10-28 G. McLeod – Aye; M. Allison – Aye; T. Willsmer – Aye; A. Reid – Aye; M. Brenner – Aye; Passed 5-0-0. Public hearing closed 8:49 P.M. G. McLeod moved to approve the site plan for 1260 Reservoir Rd with all standard conditions. T. Willsmer seconded. Roll call vote: G. McLeod – Aye; M. Allison – Aye; T. Willsmer – Aye; A. Reid – Aye; M. Brenner – Aye; Passed 5-0-0. DECISIONS 255 Sunny Hill Rd – SMP Denial The board rendered a 2-2 vote denying the Stormwater Management Permit for 255 Sunny Hill Rd on 2025- 08-26. G. McLeod was ineligible to vote due to the application beginning prior to his Board membership. The decision reflecting that vote was sent to Town Counsel for review, who recommended some changes to verbiage and added additional legal context to Board member’s comments. The board reviewed the decision and found that it accurately reflected their deliberations and decisions. M. Brenner, T. Willsmer and A. Reid endorsed the decision. A. Reid, who was attending remotely, endorsed the decision in the Planning Office the following day. 1335 Massachusetts Ave – Site Plan Approval C. Reilly needed to make minor corrections to the draft decision and offered the Board a signature sheet to be attached to that decision later. The Board preferred to have the decision immediately available at the time of endorsement. L. O’Connell prepared a copy with the corrections and printed it for the Board members in the meeting. The Board endorsed the corrected decision. CERTIFICATES OF COMPLETION 319 Highland St – Stormwater Management Permit Justin LeClair of McCarty Engineering gave context – the water quality volumes and number of plantings associated with this project were above Lunenburg’s requirements. C. Reilly confirmed this and recommended approving the Certificate of Completion. The board reviewed a letter v outlining the request for a Certificate of Completion. (Out of Order): M. Allison asked whether Certificates of Completion are normally processed by the peer reviewer. C. Reilly explained that the Land Use Director is able to process these per the Town’s regulations. T. Willsmer moved to approve the Certificate of Completion for 319 Highland St. M. Allison seconded. Roll call vote: G. McLeod – Aye; M. Allison – Aye; T. Willsmer – Aye; A. Reid – Aye; M. Brenner – Aye; Passed 5-0-0. ===PAGE 9=== 9 of 10 - Planning Board Minutes, 2024-10-28 M. Brenner noted that previous Land Use Directors had acted on Certificates of Completion as the Board’s agent, with less direct involvement from them, and asked the Board whether they wanted more involvement. C. Reilly opined that the regulations required the Board to be directly involved in Certificates of Completion, acting based on recommendations from the Land Use Director. BOARD DISCUSSIONS None at this time. ABUTTING COMMUNITY NOTICES Notices of Hearings on 2024-11-06 included: Shirley Planning Board (MBTA Zoning Bylaw Proposal) Townsend Planning Board Change of Use (Bank to Starbucks) Townsend Zoning Board of Appeals (Residential Duplex) The Board discussed the possibility of a business like Starbucks in the vacant bank in the Village Center District. The building has a drive -thru that was used for bank tellers, and the Board wanted to know if a business with a different use could leverage the pre -existing drive-thru. C. Reilly confirmed that it could if the use category of Commercial was unchanged, although both the building’s Zoning and Use would be “legal non-conforming". COMMITTEE REPORTS Master Plan Steering Committee T. Willsmer – Meeting coming up in December, next meeting tentatively 2024-10-31. Open Space Committee G. McLeod – Nothing to report. Municipal Bldg. Design Committee M. Allison – Meetings now 1st and 3rd Monday, no more overlap impacting Planning Board meetings. Request for Proposal (RFP) for design services & possible construction services has gone out, received large response. Chris Ruth & Michael -Ray Jeffreys to provide site walk-throughs to bidders. Next meeting on 2024-11-04. Capital Planning Committee M. Brenner – Worked towards uniformity of submissions to Capital Planning. Awaiting presentations from Department of Public Works, Information Technology, Fire Department. Economic Development Committee G. McLeod – Nothing to report. M. Brenner – Meet and Greet went well, good opportunity to connect with businesspeople and community. Storm Water Task Force T. Willsmer – Continuing to make progress. 1 to 1.5-year long advertising period of group and Stormwater Utility upcoming. Montachusett Regional Planning Commission A. Reid – Nothing to report. ===PAGE 10=== 10 of 10 - Planning Board Minutes, 2024-10-28 Montachusett Joint Transportation Committee A. Reid – A couple new routes for MART buses are in-progress. Town Manager Screening Committee M. Brenner – Advertisement for Town Manager position posted. Community Paradigm Associates (Consultant) interviewed Department Heads about desired leadership qualities, areas to improve within Town, crafted position statement for the Town included in job listing. TMSC will complete screening interviews after applications come in. MINUTES APPROVAL None at this time. MEETING SCHEDULE 2024-11-25, 2024-12-09. (No 11-11 due to holiday.) PUBLIC COMMENT L. O’Connell (711 Page St) wanted to post Planning Board meeting dates ahead of time on the Town website, and asked the Board for their input. The Board was comfortable with a document outlining the tentative dates for the year, with the disclaimer that it w as subject to change. BOARD COMMENT G. McLeod and M. Brenner thanked the Land Use Director for his work so far. ADJOURNMENT T. Willsmer moved to adjourn. M. Allison seconded. Roll call vote: G. McLeod – Aye; M. Allison – Aye; T. Willsmer – Aye; A. Reid – Aye; M. Brenner – Aye; Passed 5-0-0. Meeting adjourned 8:43 P.M. Minutes by Logan O'Connell, Admin Asst. DOCUMENTS REFERENCED i 2024 -10-28 Planning Board Agenda Staff Report ii Site Development Plan – Commercial Development & Parking Lot, Electric Avenue in Lunenburg, Massachusetts 2024 -09 iii Joe Pellegrini Opinion Letter – Pierce Ave Title Search iv ANR of 20 Kilburn St v Cover Letter – 319 Highland St SMP Certificate of Completion ======================================================================================== DOCUMENT : 2024-11-25-agenda-6896.txt BOARD : planning-board DATE : 2024-11-25 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2024-11-25-agenda-6896.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_11252024-6896 ======================================================================================== ===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 2024-11-25 – 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. APPROVAL NOT REQUIRED PLANS a. 100 Townsend Harbor Rd b. Goodrich St & Reservoir Rd Lots 1-6 (PJ Keating) c. 32 Spring St 5. PUBLIC HEARINGS (continued from 10 -28) 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 6. DECISIONS a. 1260 Reservoir Rd – Site Plan Approval (PJ Keatings) 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. Capital Planning Committee e. Economic Development Committee f. Storm Water Task Force g. Montachusett Regional Planning Commission h. Montachusett Joint Transportation Committee i. Town Manager Screening Committee 10. MINUTES APPROVAL a. 2024-09-09 b. 2024-09-23 11. MEETING SCHEDULE (6:00 P.M. at Town Hall or stated otherwise) 12-09, 12-23 12. PUBLIC COMMENT 13. BOARD COMMENT / CONCERNS 14. ADJOURNMENT ======================================================================================== DOCUMENT : 2024-11-25-minutes-6896.txt BOARD : planning-board DATE : 2024-11-25 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2024-11-25-minutes-6896.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_11252024-6896 ======================================================================================== ===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 – Admin Asst. MINUTES 2024-11-25 CALL TO ORDER / PLEDGE Matthew Brenner called the meeting to order at 6:02 P.M. The pledge of allegiance was led by Matthew Allison. PUBLIC COMMENT None at this time. CHAIR / DIRECTOR’S REPORT i C. Reilly congratulated the Board on their successful Warrant Article to update the Water Supply Protection District (§ 250-4.9). M. Brenner thanked the public for their extensive engagement in finding an agreeable bylaw. Per C. Reilly , the Marshall Park project has been postponed indefinitely. Its Site Plan Approval and Stormwater Application may arrive sometime in Spring. The final Master Plan Steering Committee meeting is 2024 -12-04, and the final survey is available at PLANLUNENBURG.ORG. APPROVAL NOT REQUIRED PLANS 100 Townsend Harbor Rd Mark Wheeler of Tauper Land Survey presented on behalf of applicants Steven R. Stafford & Peter M. Stafford. Planii divides one property into five lots (three standard and two reduced frontage). C. Reilly confirmed the plan met statutory requirements for endorsement. T. Willsmer moved to endorse the ANR. A Reid seconded. Voice vote, passed unanimously. Goodrich St & Reservoir Rd Lots 1 -6 MEETING POSTED: Yes ADDRESS: Town Hall – 17 Main St, Lunenburg, MA 01462 TIME: 6:00 P.M. PRESENT: Matthew Brenner (Chair), Timothy Willsmer (Vice Chair), Amanda Reid (Clerk), Matthew Allison, Glenn McLeod ABSENT: None ===PAGE 2=== 2 of 7 - Planning Board Minutes, 2024-11-25 Chris Anderson of Hannigan Engineering presented on behalf of applicant John Keating. Planiii creates 6 lots: lots 1-5 are Residential B compliant, lot 6 is remaining land of approximately 88 acres. Most lot s have around 200 ft. of frontage. C. Reilly confirmed the plan met statutory requirements for endorsement despite the “pork-chopping” of the lots. M. Brenner asked if the steep contours were “illusory frontage”, C. Anderson confirmed they weren’t. M. Allison suggested connecting the 5 lots via a single common driveway but acknowledged it was beyond the scope of ANR endorsement. T. Willsmer moved to endorse. A. Reid seconded. Voice vote, passed unanimously. T. Willsmer asked about available methods of encouraging Common Driveways. M. Brenner cited the new Common Driveway bylaw & said “our encouragement is that it’s cheaper and easier ”. C. Reilly noted that common driveways aren’t eligible for Town ownership like roads in a subdivision. 32 Spring St Greg Roy of Dillis & Roy presented on behalf of applicant Caroline Elizabeth Griffis Living Trust. Planiv proposes no new buildable lots, creates “parcel A”, which houses the septic system for the house across the street, out of parent parcel. Purpose is to avoid conveying it with Lot 1, prevent a common easement issue in lake communities. Existing leaching field on parcel A. D&R has done additional soil testing display a reserve leaching field, got Title V inspection. Also tested soil on Lot 1, designed a septic system for it that has been approved by the Board of Health. Parcel A is not to be a buildable lot, Lot 1 has adequate frontage. House would have to “sit quite a bit back from the road” to achieve the 175 ft lot width, but that is an option. M. Brenner asked about requirements of septic systems under public roads. G. Roy didn’t permit this, but said generally requires a license from the Select Board or an easement issued by Town Meeting, and a Title V variance. T. Willsmer moved to endorse. A. Reid seconded . Voice vote, passed unanimously. PUBLIC HEARINGS 494 Electric Ave – SPA, SMP (cont. from 2024 -10 -28) Chris Anderson presented on behalf of applicant D&A Lunenburg, LLC. Hasn't made any formal modifications to the Site Plans yet (awaiting feedback from peer reviewer Graves Engineering). Jeff Avini presented updates on ownership dispute of Pierce Ave, hasn’t heard back from Town Counsel yet & will circle back after Town Meeting. C. Reilly confirmed he forwarded all contact information and materials from applicant to Town Counsel about 3-4 weeks ago, will reach out again. J. Avini noted Unitil did come out & reposition some lights. ===PAGE 3=== 3 of 7 - Planning Board Minutes, 2024-11-25 C. Reilly updated status of peer review, comments from GEI are close to completion. Recommended continuance to 2024-12-09. Public Comment: Dave MacDonald (155 Island Rd) emphasized the adverse impact of procedural delays on small businesses in Town. Has background as a small business owner & served on Boards in Town. Opined procedural delays cost the business owners money, which in turn costs the Town money. Noted difficulty of running a restaurant today, wants to help applicants follow the law. Michael Lovewell (579 Reservoir Rd) agreed with D. MacDonald. Has been business owner in Town for 40 years, was part of the CVS project & helped the Town by lending it as a staging area for the Phase 1 sewer project. Acknowledged efforts to simplify Town processes but emphasized need for commercial development in Lunenburg. Ryan Stober (Pierce Ave) asked about ownership dispute of Pierce Ave: what is the intention of the applicants & what would be allowed depending on its adoption or non-adoption by the Town? M. Brenner explained – applicants contend the Town never finished the formal process of taking the road, which lets them better leverage the current parking bylaws for the ir business. Per J. Avini the applicants did “title abstract” tracing the chain of ownership back & their examiner found that Pierce Ave’s taking was never recorded with the Registry of Deeds despite a Town vote to take it. He emphasized that the applicants do not want to own the road, but it’s a method to join the parcels to create compliant parking. R. Silver asked if combining the parking would create a dead end. M. Brenner explained that per the plans they’ve submitted, it would instead be “overflow parking” across the street. D. MacDonald cited the Old Mill in Westminster as a business with parking on both sides of the street. A. Reid asked about getting info from Westminster about facilitating this. M. Brenner noted Lunenburg’s parking bylaw explicitly requires parking to be on the same lot as the business except for the Village Center district. Opined our parking bylaw is “conservative” due to previously dangerous parking situations where businesses didn’t provide enough parking, leading to on-street parking in dangerous areas. Explained connection to this application – by owning the road it, applicant can consider the site be “one lot” and have parking on both sides under current parking bylaw. T. Willsmer moved to continue the public hearing for 494 Electric Ave to 12 -09 at 6:05 P.M. A. Reid seconded. Voice vote, passed unanimously. 791 Leominster Rd – SMP (cont. from 2024 -10 -28) Continued to 12-09 per applicant request. 795 Leominster Rd – SMP (cont. from 2024 -10 -28) Continued to 12-09 per applicant request. 70 Kilburn St – SMP (cont. from 2024 -10 -28) Continued to 12-09 per applicant request. ===PAGE 4=== 4 of 7 - Planning Board Minutes, 2024-11-25 DECISIONS 1260 Reservoir Rd The decisionv available before the Board had scriveners' errors and didn’t explicitly include the Board’s “standard conditions”. The Board wanted to track down their standard conditions and verify that the decision included the standard conditions, especially the limits on construction hours. C. Reilly clarified that to avoid delays, the applicant would be able to proceed at their own risk despite the decision not being available. ABUTTING COMMUNITY NOTICES Notices included a multi-family conversion & a Planned Unit Development in Fitchburg, and a UPS Store in Townsend. No local impact. COMMITTEE REPORTS Master Plan Steering Committee Per T. Willsmer, continuing issues reaching a quorum. Town “get-together” is on December 4th. M. Allison asked whether the Master Plan Consultant’s contract (Over Under, Inc) included hosting a specific number of public meetings. M. Brenner didn’t know. C. Reilly noted the Master Plan was nearing completion, but he hasn’t been able to get a copy of the contract. Open Space Committee Per G. McLeod – nothing to report. Municipal Bldg. Design Committee Per M. Allison – has a meeting scheduled in hopes to get ARPA money under contract. Over 20 responses to RFP, but only one on-time response. Personally unhappy they “had to” hire an applicant if they check all the “geometric boxes”, but was happy with the one applicant after an interview with the team. Attended portion of MBDC meeting tonight to review the space requirements from a previous contractor for the Building Design space analysis of the different Town offices. Price slightly over initial goal but members were resoundingly pleased with interview. Capital Planning Committee Per M. Brenner – has heard from all entities submitting capital requests and seen their 10 year plans. Wanted unified presentation styles this year but that is taking time to percolate out. First round of capital rankings unavailable due to lost meeting (Veterans’ day holiday). Will be doing more of the 5-year capital plan after the new year once we’ve submitted the current rankings. Economic Development Committee Per G. McLeod – Nothing to report, last week’s meeting rescheduled to 12-19. Storm Water Task Force Per T. Willsmer – making progress. Goal to start advertising by Spring Meeting (creating outline so people can start talking about it). Will likely need a “Stormwater Commission” for ongoing work (similar to the Sewer Commission), currently investigating that. Working with CEI (engineering firm) to get information about costs, charges to businesses, etc. ===PAGE 5=== 5 of 7 - Planning Board Minutes, 2024-11-25 Montachusett Regional Planning Commission A. Reid – Nothing to report. Montachusett Joint Transportation Committee A. Reid – Did not meet this month, nothing to report. Town Manager Screening Committee Per M. Brenner – Ad went out, we’ve received applications & chosen who the committee will interview. Interviews scheduled for coming weeks; committee will then pass on some number of applicants to the Select Board for their review. Personally happy with quality of applicants. G. McLeod asked about the number of applicants and general response. M. Brenner wanted more applicants but opined we have an acceptable number of appropriate quality available. M. Allison asked about the integration of the third-party staffing agency assisting the TMSC and questioned its benefits. M. Brenner explained – Community Paradigm Associates (CPA) was hired. They created a “position statement” for the Town that was included in the job listing after collecting info from the TMSC, Select Board, and Department Heads to get an understanding of Lunenburg. Applicants respond directly to them when applying, and TMSC then chooses from those applicants with additional feedback from CPA. Opined they’re better at filtering candidates and advertising the position than the Town alone would be. MINUTES APPROVAL T. Willsmer moved to approve the minutes for 2024 -09-09 and 2024-09-23. A. Reid seconded. Voice vote, passed unanimously. MEETING SCHEDULE Upcoming meeting is 2024-12-09 at 6:00 P.M. Not meeting on 12-23 due to holidays. PUBLIC COMMENT None at this time. BOARD COMMENT / CONCERNS MBTA Communities Act G. McLeod noted a decision from the State Supreme Court on the town of Milton’s lawsuit expected early February. The Board discussed the scenario of failing to pass compliant zoning through Special Town Meeting . Consequences would include ineligibility for a list of grants which is evolving over time. C. Reilly noted that grant applications could still be made assuming Lunenburg was compliant by the next Town Meeting. M. Brenner emphasized concern about “punitive measures” over incentives. G. McLeod opined the Executive Office of Housing and Livable Communities was exceeding the definition of “guidelines”, which aren’t subjected to the implementation checks used in “regulations”. M. Brenner confirmed that the Board wants to have MBTA Communities Act materials ready before implementation of the Master Plan. ADJOURNMEN T ===PAGE 6=== 6 of 7 - Planning Board Minutes, 2024-11-25 T. Willsmer moved to adjourn. A. Reid seconded. Voice vote , passed unanimously. Adjourned 7:36 P.M. Minutes by Logan O'Connell, Admin Asst. ===PAGE 7=== 7 of 7 - Planning Board Minutes, 2024-11-25 DOCUMENTS REFERENCED i Staff Report , 2024 -11-25 ii 100 Townsend Harbor Rd – ANR Plan iii Goodrich St & Reservoir RD Lots 1 -6 – ANR Plan iv 32 Spring St – ANR Plan v 1260 Reservoir Rd – Initial Decision ======================================================================================== DOCUMENT : 2024-12-09-agenda-6917.txt BOARD : planning-board DATE : 2024-12-09 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2024-12-09-agenda-6917.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_12092024-6917 ======================================================================================== ===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 2024-12-09 – 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. CHAIR / DIRECTOR’S REPORT 4. PUBLIC HEARINGS a. 494 Electric Ave - Site Plan Approval (SPA), Stormwater Management Permit (SMP) b. 791 Leominster Rd – SMP c. 795 Leominster Rd – SMP d. 70 Kilburn St – SMP e. 558 & 560 Goodrich St – SMP, Special Permit (Common Driveway) f. 171 Arbor St – SMP, Special Permit (Common Driveway) 5. DECISIONS a. 1260 Reservoir Rd – SPA (PJ Keatings) 6. BOARD DISCUSSIONS a. 512 Northfield Rd SMP – Release of Performance Guarantee (Vegetation). b. Master Plan Steering Committee – Composition 7. ABUTTING COMMUNITY NOTICES 8. COMMITTEE REPORTS a. Master Plan Steering Committee b. Open Space Committee c. Municipal Bldg. Design Committee d. Capital Planning Committee e. Economic Development Committee f. Storm Water Task Force g. Montachusett Regional Planning Commission h. Montachusett Joint Transportation Committee i. Town Manager Screening Committee 9. MEETING SCHEDULE (6:00 P.M. at Town Hall or stated otherwise) 01-27, 02-10 10. PUBLIC COMMENT 11. BOARD COMMENT / CONCERNS 12. ADJOURNMENT ======================================================================================== DOCUMENT : 2024-12-09-minutes-6917.txt BOARD : planning-board DATE : 2024-12-09 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/planning-board/2024-12-09-minutes-6917.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_12092024-6917 ======================================================================================== ===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 – Admin Asst. MINUTES 2024-12-09 CALL TO ORDER / PLEDGE Matthew Brenner called the meeting to order at 6:02 P.M. The pledge of allegiance was led by Matthew Allison. PUBLIC COMMENT None at this time. CHAIR / DIRECTOR’S REPORT i Per C. Reilly – the consultant for the Master Plan Steering Committee had a public meeting (next-to-last one for gathering public input). Wasn’t well attended but provided some valuable input. Aiming to close the Master Plan process out by February. M. Brenner noted the high response rate to the Master Plan surveys. A standing agenda item (“Zoning Workshops”) will be added in January to address upcoming zoning challenges: • MBTA Communities Act • Changes to Accessory Dwelling Units (ADU) in MGL Ch. 40A • Flood map updates from D epartment of Conservation and Recreation (DCR). C. Reilly will examine model bylaw from DCR for tailoring to Lunenburg’s needs, as well as Town Counsel’s recommended bylaw for ADUs. Associated updates to Zoning Bylaw aimed for adoption at Annual Town Meeting. MEETING POSTED: Yes ADDRESS: Town Hall – 17 Main St, Lunenburg, MA 01462 TIME: 6:00 P.M. PRESENT: Matthew Brenner (Chair), Amanda Reid (Clerk), Matthew Allison, Glenn McLeod ABSENT: Timothy Willsmer (Vice -Chair) ===PAGE 2=== 2 of 7 - Planning Board Minutes, 2024-12-09 PUBLIC HEARINGS 494 Electric Ave – SPA, SMP (cont. from 2024 -11 -25 ) Per C. Reilly – peer review from Graves Engineering Inc (GEI) still pending. Still awaiting response from Town Counsel about ownership status of Pierce Ave. Mentioned possibility of allowing parking waivers to resolve the issue, since the function of “owning” Pierce Ave for the applicant is lots on both sides are “merged” which achieves parking bylaw compliance. Per Chris Anderson of Hannigan Engineering – comments from public are acknowledged, waiting for peer review feedback to incorporate both in one plan revision. M. Brenner invited public comment. Michael Lovewell (795 Reservoir Rd) – applicant installed drainage system to new building, alleviated previous flooding from 15 Kirby Ave. Noted serious flooding at Whalom Rd. M. Brenner noted flooding is common topic in Town bodies, but Planning Board’s discretion is limited . Mentioned potential for Stormwater Utility & suggested contacting DPW. C. Reilly noted the Land Use Dept or Building Dept can be contacted in instances of illegally redirected runoff. Bob Pease (11 Wintergreen Ct) – understanding is that Planning Board approved applicant putting tent on parking lot during COVID, then approved its conversion it to a building. Opined that if such approval contributed to this problem, the Planning Board has an obligation to support local business and help try to solve it. A. Reid moved to continue the public hearing for 494 Electric Ave to 2025 -01-13 at 6:05 P.M. M. Allison seconded. Voice vote, passed unanimously. 791 Leominster R d – SMP (cont. from 2024 -11 -25) Per C. Reilly, applicant requested a continuance to 2025-01-13 awaiting peer review. A. Reid moved to continue the public hearings for 791, 795 and 70 Kilburn St to 2025 -01-13 at 6:05 P.M. M. Allison seconded. Voice vote, passed unanimously. 795 Leominster R d – SMP (cont. from 2024 -11 -25) Continued to 2025-01-13 at 6:05 P.M (see motion above). 70 Kilburn St – SMP (cont. from 2024 -11 -25) Continued to 2025-01-13 at 6:03 P.M (see motion above). 558 & 560 Goodrich St – SMP, SP for Common Driveway The Public Hearing opened at 6:34 P.M. A. Reid read the Public Hearing Notice. Chris Anderson of Hannigan Engineering presented, on behalf of applicant Easterbrook Nominee Trust. Two properties in project currently served by common driveway from 1995. Applicant intends to bring current driveway into compliance while providing access to fourth residential lot. Property to the South is also served by common driveway via easement, which will be kept in this redesign. End of the common ===PAGE 3=== 3 of 7 - Planning Board Minutes, 2024-12-09 driveway will be widened to accommodate current bylaw requirements and additional stormwater features. Requested waivers for requirements 250-6.4(7)(c)[4] (minimum curb radius of 30 ft) and 250 -6.4(7)(c)[7] (turnarounds at intervals of 300 ft). Will review emergency accessibility with Fire Department in upcoming revisions. Primary purpose is to avoid creating a new driveway, which would require construction through wetlands. M. Brenner opined this was a good use of the updated Common Driveway bylaw. M. Allison asked if current bylaw allows for frontage on one road to be accessed from a different road through the common driveway. Per C. Anderson , all access would come off Goodridge St—no frontage is being created, just relocating egress point to the lot. M. Brenner invited public comment. Eric Sullender (558 Goodrich St) explained this was part of preserving a house lot for his children. The Board briefly discussed peer review. G. McLeod asked about the function and necessity of peer review in this context, and opined it was an excessive financial burden on the applicant . Per C. Anderson , an applicant’s engineer common has their work checked for bylaw compliance by the Town’s engineer. A. Reid moved to authorize Graves Engineering Inc as the peer reviewer for this application in the amount of $3,000. M. Allison seconded. Voice vote, passed unanimously. A. Reid moved to continue the public hearing for 558 & 560 Goodrich St to 2025 -01-13 at 6:05 P.M. M. Allison seconded. Voice vote, passed unanimously. 171 Arbor St – SMP, SP The Public Hearing opened at 6:52 P.M. A. Reid read the Public Hearing Notice. Brian Marchetti of McCarty Engineering presented on behalf of applicant PSG Realty. Had previously filed for conventional 4-lot subdivision in September but stopped application when a priority turtle habitat was uncovered in review with Conservation Commission. Worked with neighbor & developed mutually agreeable development plan for 3-lot layout served by common driveway after habitat review by LEC Environmental. Common Driveway is 18 ft wide, includes 24 ft easement, max grade of 10%. Site is highly porous sand & gravel, includes pea stone diaphragms and grading for water to run into rain gardens. Project approved by Conservation Commission subject to order of conditions. Will revise plans according to Fire Dept and peer review feedback as needed. Due to turtle habitat, any local permits will be sent back to the National Heritage Program for final conditions of approval. M. Allison commended working with neighbors & general creativity of plan , questioned ability of rain gardens to sustain vegetation. B. Marchetti said similar ones had succeeded at 680 Reservoir Rd. M. Brenner invited public comment. ===PAGE 4=== 4 of 7 - Planning Board Minutes, 2024-12-09 Kyle Edmonds (201 Arbor St) was concerned about runoff impacts on his property given site’s history as a gravel pit. Per B. Marchetti , the site doesn’t have much runoff & is graded to direct runoff into pre-existing wetlands, all peak flow increases are contained entirely within the site. Disputed characterization of site as a gravel pit. M. Brenner asked how much more water would flow into the wetlands after development. Per B. Marchetti, the 50-year storm event has .89 CFS increase and 100-year storm event had 2.15 CFS, but no noticeable change is expected given project’s small size and the breadth of wetlands. M. Brenner noted that the peer review process would verify compliance with the Town bylaw. K. Edmonds asked if the peer reviewer would visit the site in-person, C. Reilly confirmed. M. Allison moved to authorize Graves Engineering Inc as the peer reviewer for the Stormwater and Common Driveway applications at 171 Arbor St in the amount of $3,000 . A. Reid seconded. Voice vote, passed unanimously. C. Reilly noted he expects the Fire Dept and peer reviewer to request a turn-out at the driveway’s fork and a one-car turnout at the top. A. Reid moved to continue the public hearing for 171 Arbor St to 2025 -01-13 at 6:05 P.M. M. Allison seconded. Voice vote, passed unanimously. DECISIONS 1260 Reservoir Rd – SPA (PJ Keatings) Per C. Reilly all scriveners’ errors were fixed, and the Standard Conditions for Site Plan Approval (including the hours of construction) are explicitly included, as requested at the last meeting. The Board reviewed, found no issues, and endorsed the decision. BOARD DISCUSSIONS 512 Northfield Rd Stormwater Management Permit (SMP) – Release of Performance Guarantee C. Reilly explained – the SMP here included a 6-month requirement for survival for the required vegetation. He visited the site, confirmed the vegetation was alive and recommended release of the full $6,000 performance guarantee. M. Allison noted that the Town’s peer reviewer previously provided recommendations on this procedure. Per C. Reilly , post-permitting construction reviews are within the Board’s authority, but this was simple enough for an in-person check and recommendation by the Land Use Director. A. Reid moved to release the performance guarantee for the Stormwater Management Permit for 512 Northfield Rd in the sum of $6,000. M. Allison seconded. Voice vote, passed unanimously. Master Plan Steering Committee Composition Per M. Brenner, MPSC is having continued difficulties reaching quorum. Wants T. Willsmer’s input before considering changes to composition of committee. Noted impact of previous MPSC Chair Joeci Gilchrest’s departure. ===PAGE 5=== 5 of 7 - Planning Board Minutes, 2024-12-09 M. Allison proposed changing the number of voting members (which defines a quorum) rather than removing seats. A. Reid noted scheduling difficulties and interpersonal conflict from procedural discussions with husband (a member-at-large of M PSC). Emphasized lack of effective public communication. M. Brenner he was asked if the Planning Board can facilitate the re-organization of the MPSC by a member and will research this. ABUTTING COMMUNITY NOTICES Notice of Decision – Townsend Planning Board granted a Stormwater Management Permit to Starbucks location. Public Hearing Notice – Fitchburg Planning Board reviewing a marijuana shop, site conversion from office to 10-unit residential, and site conversion from 4-family to 3-family residential. COMMITTEE REPORTS Master Plan Steering Committee Covered during Board Discussions. Open Space Committee Per G. McLeod – Nothing to report. Municipal Bldg. Design Committee Per M. Allison – Met last Monday but unable to attend. Discussed space needs with consultants. Capital Planning Committee Per M. Brenner – Members cautious about fixes to Ritter Building being made redundant by Municipal Building Design Committee plans. Will be on time with recommendations of Interim Town Manager, will continue work on 5-Year Capital Plan in January. Economic Development Committee Per G. McLeod – Nothing to report. Next meeting 2024-12-19. Storm Water Task Force T. Willsmer absent. Montachusett Regional Planning Commission Per A. Reid – Met on 2024-12-05, unable to attend. Montachusett Joint Transportation Committee Per A. Reid – Will meet on 2024-12-11. Town Manager Screening Committee Per M. Brenner – Interviews to choose candidates for second round (Select Board interviews) coming up shortly. MEETING SCHEDULE Upcoming meetings are 2025-01-13 and 2025-01-27 at 6:00 P.M. (No meeting 2024-12-23). ===PAGE 6=== 6 of 7 - Planning Board Minutes, 2024-12-09 PUBLIC COMMENT None at this time. BOARD COMMENT / CONCERNS M. Allison noted substantial puddling in the road on Route 2A after the first large rain since the development on Mass Ave between Townsend Harbor Rd and Jaxx Country Store, suggested mentioning to Building Inspector or DPW since it’s a state road. C. Reilly will follow up. G. McLeod approved of C. Reilly’s introduction at the Select Board meeting, as well as the explanations he gave of upcoming Zoning issues like the MBTA Communities Act and changes to Accessory Dwelling Unit statute. C. Reilly offered to bring board members’ topics or concerns to the Select Board as they arise. C. Reilly noted the Town has requested $20,000 for the Montachusett Regional Planning Commission’s consultancy with available options for compliance with the MBTA Communities Act. M. Allison asked about the flood maps discussed at the beginning of the meeting. C. Reilly explained – floodplain maps show areas prone to flooding and are primarily for zoning , while FIRMs (flood insurance rate maps) are created by FEMA and primarily used for help determining flood insurance rates. ADJOURNMEN T A. Reid moved to adjourn. M. Allison seconded. Voice vote , passed unanimously. Adjourned 7:57 P.M. Minutes by Logan O'Connell, Admin Asst. ===PAGE 7=== 7 of 7 - Planning Board Minutes, 2024-12-09 DOCUMENTS REFERENCED i Staff Report